HL Deb 27 February 1991 vol 526 cc973-4

2.50 p.m.

Lord Carter asked Her Majesty's Government:

Whether they approve of health authorities seeking to make contracts for treatment with hospitals in France.

The Parliamentary Under-Secretary of State, Department of Health (Baroness Hooper)

My Lords, the question does not arise. Health authorities do not have powers to make general contracts for the treatment overseas of patients normally resident in England and Wales. Under European Community regulations, however, individual patients can be referred elsewhere in the Community for treatment but only with the prior authorisation of the Department of Health.

Lord Carter

My Lords, I thank the Minister for that Answer. Is it correct that the Medway Health Authority is actively considering arranging contracts with the Boulogne general hospital? The director of that hospital was interviewed on television last week and he said that they were setting up the scheme. If there were such a scheme, what would be the situation regarding the negligence of the French hospital or doctor? Would the British patient and/or the health authority have to pursue their claims through the French legal system?

Baroness Hooper

My Lords, the department has not received any approaches from the Medway Health Authority. Authorisations are normally granted by the department only in individual cases. However, we are aware that an approach from the Boulogne hospital to staff at the Medway Health Authority has led to reciprocal visits. We must consider any details resulting from that when an approach is made to the department.

Lord Molloy

My Lords, if there were an increase in the number of British patients having to be treated in hospitals overseas would it not be a condemnation of the Government's present policy of closing British hospitals and wards? Will she endeavour to change that policy so that British people can go to British hospitals?

Baroness Hooper

My Lords, many people might be discouraged from going further afield for treatment. It may not be widely known that in France patients generally must pay up to 20 per cent. of the costs of their medical treatment. In addition, patients going to another country must consider their travel costs and other related costs. Therefore, I see no strong temptation for shoals of British patients to seek treatment outside our excellent National Health Service.

Lord Carter

My Lords, will the Minister answer my question concerning medical negligence and the BMA? Is she aware that when the director of the Boulogne general hospital was interviewed on television he said that they have been conducting discussions for two years and are planning a medical away-day programme whereby one can travel to France in the morning, have one's operation and return in the evening?

Baroness Hooper

My Lords, as our system is based on proof of negligence any extra-territorial application would be bound by the system in which the negligent act was performed.