HC Deb 04 May 2004 vol 420 cc1192-3
2. Dr. Evan Harris (Oxford, West and Abingdon) (LD)

What assessment he has made of racial discrimination in medical careers in the NHS. [169824]

The Minister of State, Department of Health (Mr. John Hutton)

The national health service is fully committed to the principle of race equality, both as an employer and as a provider of services. In relation to careers in medicine, new legislation that I expect to come into force later this year will provide new routes to entry on the specialist register for associate specialists and for staff-grade doctors. The postgraduate medical education training board will also oversee the provision of new top-up training, allowing doctors in that group to gain entry to the register.

Dr. Harris

I am grateful to the Minister for that answer. He must be aware that his Department recently had to pay a doctor damages of more than £600,000 for discrimination. The Government did not appeal, on the basis that the tribunal found the Birmingham declaration of 1996, which governs the transition to specialist training in order to become a consultant, to be indirect racial discrimination. Hundreds, perhaps thousands, of other doctors may have been affected. Will the Minister seek them out so that they can be fast-tracked to consultant status with fair treatment, or will he expect each of them to drag the Department to the courts if they are in time to do so?

Mr. Hutton

Obviously, we take all those issues very seriously indeed. The hon. Gentleman is right to draw our attention to that case, but it was complicated by the provisions on permit-free work time that then applied. The arrangements changed subsequently, so I do not think that those problems will be repeated. The key is to get the postgraduate medical education training board up and functioning as soon as possible, and we are committed to doing that. We can then activate article 14 of the new specialist training order, which will allow the postgraduate medical education training board to take a much wider view of work-based experience when assessing whether someone is suitable to go on to the specialist register. I agree that that will take time, but the issues are complicated. I fully accept the hon. Gentleman's premise that it is our responsibility to treat doctors fairly and equally in the NHS, which is precisely why—with that purpose in mind—we have changed the law.

Andrew Selous (South-West Bedfordshire) (Con)

We all abhor racial discrimination against NHS staff, but does the Minister think it right that there is so much age discrimination against NHS staff? The policy of one of my local trusts is not to employ people aged over 70, yet there are medical secretaries who want to carry on working and are entirely competent. It is very difficult to recruit such secretaries, so will the Government look into that matter?

Mr. Hutton

Yes, I shall happily look into it for the hon. Gentleman. It is sensible for NHS trusts to adopt a flexible policy in relation to such matters. However, I should point out that he and his hon. Friends constantly complain about ministerial intervention in the decision making of local NHS trusts, so I am not sure that he and his hon. Friends would necessarily be the first to welcome my interference in that case—but perhaps I am wrong.