HC Deb 01 February 1951 vol 483 c1057
32. Sir J. Mellor

asked the Minister of Health if he will identify the powers by which he has instructed benefactors under covenant of voluntary hospitals to pay instalments to him; if he will publish in the OFFICIAL REPORT a copy of his demand for such payment; and if he will refrain from enforcing such claims in the courts.

Mr. Marquand

The powers are contained in Section 7 of the National Health Service Act, 1946. I will circulate a copy of the letter in the OFFICIAL REPORT. I am advised that a person who executed a deed of covenant has himself no power to cancel it; and I hope, therefore, that action in the courts to enforce compliance will not become necessary.

Sir J. Mellor

As this is grossly unfair, will the Minister introduce amending legislation to relieve benefactors of voluntary hospitals from any liability?

Mr. Marquand

I should have thought that this gives the opportunity that hon. Members opposite and many on this side of the House think is desirable of associating voluntary effort with the work of the hospital service.

Mr. Bossom

Does not the Minister recognise that these gifts were made to an individual hospital and were not made to any group that the Minister may select? Does he not realise that it is grossly unfair to have done what his Department have done?

Mr. Marquand

The House of Commons discussed the National Health Service Bill very thoroughly and passed the Act in the form in which it now stands. It is my duty to administer it.

Following is the letter: I have to communicate with you regarding the deed of covenant under which you convenanted on the to contribute the sum of £ for seven years to the above hospital. Under the provisions of the National Health Service Act, 1945, the sums formerly payable under such a deed ceased to be payable to the hospital concerned and became payable to the Minister of Health to be credited, with other hospital endowments, to the Hospital Endowments Fund, a fund set up under the Act. The income from the fund (including payments made under covenants) is distributed to regional hospital boards and hospital management committees to be used by them as they think fit on hospital services such as, for example, the provision of amenities for patients and staff, or for medical and other research, beyond the provision made by the State. In these circumstances, I have to ask that you will be good enough to arrange for payments under the deed entered into by you to be remitted annually to the Secretary, Ministry of Health, Whitehall, London, S.W.1, quoting the above reference number. Any payments which may have been made to the hospital since 5.7.1948 have already been credited to the fund. The remittances (whether made directly to this office or by means of a banker's order) should he made payable to the "Minister of Health Hospital Endowments Fund" and crossed "Bank of England.