Part of the debate – in the Senedd at 5:20 pm on 12 March 2019.
The Welsh Government was the only devolved national Government to refuse consent early in the process as we wanted to see changes to the legislation. Because of our intervention and the changes we have led, I believe that this legislation is improved and the position of the devolved national Governments is better respected and reflected. That is why I am now recommending consent to the Bill be given.
I'm grateful to both the Constitutional and Legislative Affairs Committee and the Health, Social Care and Sport Committee for their robust scrutiny of the Bill and the original legislative consent memorandum. This scrutiny has helped to inform the Government's position in our negotiations with the UK Government. I've written to both committees in response to their recommendations, and I shared with them the outcome of the negotiations. While I regret the time that has been taken to secure the hard-won concessions from the UK Government, it has meant that there was no time available to refer the supplementary legislative consent memorandum. I hope that, despite that, members of both committees and Members generally will share my judgment that what we have achieved is a significant step forward.
This Bill forms part of the UK Government's response to the potential exit from the European Union. However, the Bill could also be used to give effect to international healthcare agreements with other third countries, albeit there has been an amendment passed in the Lords on that this afternoon.
Current reciprocal healthcare arrangements with the European Union benefit Welsh patients and citizens in a number of ways. These include the use of the European Health Insurance Card system for individuals travelling overseas in the EU and access to healthcare for pensioners living within those countries. Welsh residents also are currently able to access planned medical treatment in another EU country via the S2 route, and, of course, patients can purchase healthcare in other countries and apply for reimbursement using the cross-border healthcare directive. These arrangements provide a great deal of security for a number of individuals. I think all of us, regardless of our party, would agree that we should look to continue reciprocal healthcare arrangements wherever possible.
Inevitably, however, in a 'no deal' Brexit, these rights will not be universally preserved—another argument why, as this Chamber has said repeatedly, a 'no deal' Brexit should be ruled out. The Bill seeks to provide the domestic legislation to give effect to these healthcare arrangements in the future, whether the UK leaves the EU with a deal or not. It can be considered as part of a suite of legislation that includes secondary legislation that would make transitional provision in the event of a 'no deal' exit.
This Bill provides powers to fund and arrange healthcare outside of the UK, to give effect to international healthcare arrangements, and to make provision for data sharing to enable a new reciprocal healthcare system to take place. These powers will be used to give effect to the new reciprocal agreements beyond any transitional arrangements. The powers can also be used to pay for overseas healthcare for individuals for humanitarian reasons where reciprocal agreements are not in place.
There are a number of complexities when considering the devolved aspects of reciprocal healthcare agreements. Whilst it is for the UK to negotiate international agreements, it is clear that the provision of healthcare is devolved. The UK Government has recognised this, and acknowledges the provisions within the Bill require the consent of this Assembly. As I've said, there has now been considerable progress over the course of our discussions with the UK Government, and I'm pleased that the UK Government tabled amendments to the Bill last week. These amendments address the concerns that I raised upon the introduction of the legislation. In particular, we pressed for the requirement that the UK Government would gain our consent to regulations made under section 2, as recommended by CLAC. However, as I explained when I appeared before the two committees, we concluded it would be equally if not more valuable to press for upstream engagement in the negotiations themselves, to ensure that agreements did not result in demands for unpalatable demands for change to legislation within devolved competence and unsighted implications for NHS Wales.
I am, therefore, pleased that in the memorandum of understanding, which underpins the Government amendments to the Bill, we have secured commitments that the UK Government will consult the Welsh Government on the negotiation of healthcare agreements, with a role in the initial scoping, through to the concluding of a draft agreement; be consulted on initial development and subsequent drafting of regulations under the Bill, which implement these agreements with the UK Government making every effort to proceed by consensus with devolved national Governments, but to not normally make regulations without securing agreement from Welsh Ministers beforehand. And if agreement is not possible, then an exchange of ministerial letters will be made available to both Houses of Parliament, setting out the position.