HC Deb 07 May 1951 vol 487 cc1637-8
Mr. Iain MacLeod

I beg to move, in page 1, line 16, at the end, to insert: Provided that this subsection shall not apply to any appliance supplied to a patient from whom charges are recovered under section five of the National Health Service Act, 1946, or of the National Health Service (Scotland) Act, 1947. I think this Amendment to add a proviso will detain the House only for a minute or two. It was originally designed as a peg on which to discuss Clause 1 (2), but that peg was provided by the Government's Amendment and it is now withdrawn. There is a small point of substance on which I should like to have an assurance which I expect to receive from the Front Bench. The short point is whether patients occupying pay-beds under Section 5 of the principal Act are or are not covered by Clause 1 (2) of this Bill.

Quite clearly, there is no doubt about those occupying free beds under Section 3 of the parent Act, and little doubt about those occupying amenity beds under Section 4. It seems to me, however, that Section 5 is not so clear. It is true the full cost of services, accommodation, and other things provided, is paid. These services seem to me to be no less part of the hospital services because they are paid for. It may be that there is a conflict between Section 5 of the parent Act which says full charges should be made, and this subsection which might imply that patients in that category receive free treatment. If there is that conflict the matter should be resolved, because nobody on either side of the House would take it as reasonable that somebody occupying a pay-bed under Section 5 of the parent Act should be able at the same time to obtain exemption or partial exemption of payment for the balance under this Bill.

6.0 p.m.

If there is a conflict it should be resolved in some such manner as my Amendment suggests. It may be, on the other hand, that the words in line 14, "under this section" are the key to the question I have raised. It may be that although that brings in a new principle in regard to Sections 3 and 4 of the parent Act, it does not, however, affect the proviso in Section 5 of the 1946 Act whereby the full charges should be made. It is in order to have that point cleared up that I have put down this Amendment.

Mr. J. Enoch Powell (Wolverhampton, South-West)

I beg to second the Amendment.

Mr. Blenkinsop

As I think the hon. Member suspected, it is the case—and I can give him the assurance—that this Amendment is quite superfluous. In fact, I understand that its effect would be one which no one would wish to see—the effect of making the occupant of a pay-bed pay twice for these appliances.

Clause 1 enables the new charges to be made notwithstanding Section 1 of the 1946 Act, and that Section at present requires all services to be free of charge except where the 1946 Act expressly provides otherwise. Section 5 of the 1946 Act expressly provides for charges to be made to paying patients, which should in the aggregate cover the full cost of the accommodation and services. Therefore, I think that, with that quite definite assurance that this point is already fully covered, the hon. Member will be able to withdraw his Amendment.

Mr. Iain MacLeod

I have no wish to detain the House, and in view of that explanation, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.