§ Mr. Austin MitchellTo ask the Secretary of State for Health which professional and representative medical bodies he has consulted concerning the practicalities and consequences of NHS patients receiving treatment in other EU member states; what(a) legislative and (b) regulatory 113W changes are necessary to allow such treatment; what EU legislation governs such arrangements and what duties it imposes; and if he will make a statement on the judgment of the European Court of Justice. [12882]
§ Mr. HuttonThe recent judgments of the European Court of Justice in the joined cases Geraets-Smits/ Peerbooms and Case Vanbraekel (joined Cases C-157/99 and Case 368/98 respectively) marked a development in the interpretation of directly applicable provisions of European Community law These provisions override even inconsistent national law and must be given effect to. The relevant provisions of the National Health Service Act 1977 will be amended in the interests of legal certainty. This can be done by regulations made under the European Communities Act 1972 and this is in hand. In the meantime health authorities and NHS trusts are free to commission services abroad. However, sending patients abroad does pose practical and legal problems surrounding patient welfare. Besides establishing three test-bed sites to develop processes for sending patients abroad officials are discussing the practical and legal issues involved with relevant colleagues and interested parties, including the British Medical Association.