HL Deb 17 June 1999 vol 602 cc475-6

81 After Clause 54. insert the following new clause—

ENGLISH AND SCOTTISH BORDER PROVISIONS

".—(1) Her Majesty may by Order in Council provide for any functions to which subsection (2) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in English border areas, to be exercisable (instead of any corresponding function to which subsection (4) applies) in respect of the provision of the services in question to persons in Scottish border areas who are specified in the Order.

(2) This subsection applies to any functions under the 1977 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Secretary of State or any Health Authority or Primary Care Trust.

(3) Her Majesty may by Order in Council provide for any functions to which subsection (4) applies which are specified in the Order, so far as exercisable in respect of the provision of services to persons in Scottish border areas, to be exercisable (instead of any corresponding function to which subsection (2) applies) in respect of the provision of the services in question to persons in English border areas who are specified in the Order.

(4) This subsection applies to any functions under the 1978 Act, or Part I of the National Health Service (Primary Care) Act 1997, which are exercisable by the Scottish Ministers or any Health Board or NHS trust established under the 1978 Act.

(5) In this section—

Baroness Hayman

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 81. In speaking to this amendment, I wish to speak also to Amendments Nos. 84 and 85.

This new clause, and the amendments consequential upon it, will enable sensible provision to be made for local healthcare services at the Border between England and Scotland. It is intended that similar provision will be made at the Border between England and Wales, but that does not require primary legislation.

A number of GP practices located near the England/Scotland Border have patients on their lists from both sides of the Border. Under the existing arrangements that means that the GPs concerned are part of both the English and the Scottish NHS systems. This clause will enable a GP practice and its patients to be dealt with by either an English health authority or a Scottish health board, rather than having to deal with both. It enables a more coherent approach to be taken to the planning of local healthcare services, simplifies local administrative procedures and avoids duplication of time and effort.

As the effect of the order will be to confer on the Secretary of State or English health authorities the ability to operate in relation to Scottish patients, and for Scottish Ministers and Scottish health boards to operate in relation to English patients, both Westminster and the Scottish Parliament will be able to scrutinise, debate and approve the order. Amendment No. 85 provides that the Order in Council must be laid before and approved by resolution of both Houses of Parliament and the Scottish Parliament.

While only relatively few patients will be affected by these provisions—around 3,500 on current estimates—they are important in ensuring that sensible practical arrangements can be made in respect of the provision of healthcare in Border areas. We have consulted those that will be most affected by the provisions—health authorities, health boards and GPs in cross-Border areas—and everyone who responded was in favour of the approach that we propose to take. I commend the clause to the House.

On Question, Motion agreed to.