NHS reforms

Debate continues over competition in the NHS

Health Secretary Andrew Lansley has said it will be the courts rather than his Health & Social Care Bill which ultimately determines the application of competition law.

Speaking to MPs on the Health Select Committee yesterday, Lansley said: “If you’re trying to establish with certainty what the boundary of the application of competition law is, then it’s a matter of debate and it will be something that will only be determined over time as there are cases brought before the courts.”

The impact of EU competition rules came up for considerable debate during the listening exercise over the NHS reforms, but the legal position remains unclear. While the laws apply to private providers in the NHS, there remains debate over how much it applies to internal markets and economic activity within the NHS.

Competition in the NHS remains a key bone of contention with those still concerned about the reforms.

In its official response to the NHS Future Forum report on the reforms, the Government said: “We will outlaw any policy to increase or maintain the market share of any particular sector of provider. This will prevent current or future Ministers, the NHS Commissioning Board or Monitor from having a deliberate policy of encouraging the growth of the private sector over existing state providers – or vice versa.”

Tell us what you think – have your say below, or email us directly at [email protected]