4. Statement by the Minister for Health and Social Services: The Health Service Procurement (Wales) Bill

Part of the debate – in the Senedd at 3:56 pm on 14 February 2023.

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Photo of Russell George Russell George Conservative 3:56, 14 February 2023

Minister, can I thank you in advance for the briefing that you gave to the Health and Social Care Committee last week? I know that your officials are going to be providing a technical briefing to Members as well, so that's of course appreciated. Of course, we do need to ensure that the NHS is nimble enough in its procurement practices so it doesn't fall behind other parts of the UK. As I've understood—and I'm still learning—the Bill to date, I understand why you're bringing this Bill forward, but there are some questions I have that sit behind that.

I do think, Minister, it's right, of course, to highlight that we don't want Wales to fall behind or be disadvantaged compared to England when it comes to health procurement, but I suppose it would be helpful if you could set out anything that helps us to understand how we got into this position in the first place. Then there's the position of whether an LCM could have been brought forward via the legislation being passed through the UK Parliament. That would have, of course, saved the Senedd and indeed Welsh Government valuable time. So, I wonder if the Welsh Government actively sought this legislative route, and if not, perhaps you could outline some of the obstacles that sat behind that decision.

This is an enabling Bill, so, as is often said, the devil is in the detail of the regulations that will be made using the powers that this law will create. So, given that secondary legislation will be perhaps the more significant part of this Bill, I hope that won't be contentious, but I am of course pleased that the Senedd will be allowed to vote on them as they will be part of the affirmative procedure, as I've understood it. But we do need to understand the policy intention behind the Bill, so I wonder, Minister, whether you can tell us what these regulations to follow might look like, and which health services in particular would these powers be used for.

We were also told that it's particularly important for those NHS services that deliver for patients near the England-Wales border, and of course I would have an interest in that. So, can I ask if you have any examples of where this would apply, especially for NHS-to-NHS services? And given that the Bill is about giving the Welsh Government flexibility in procuring the services of independent providers, does this mean at all that the Labour Government here is intent on increasing the use of private services in the NHS at all? Can we expect this to occur?

Also, just to understand how this Bill might help those 50,000 people who are of course waiting for over two years for treatment. I know your target is approaching, to eliminate the backlog by the end of March, and I think you'll probably confirm that that is unlikely to be achieved, but how would this Bill help in that regard?

I think the Senedd and the public perhaps would also benefit from an explanation of how the provider selection regime, or the PSR, would—. How that would—. An explanation of that. It would be good, perhaps, to hear the Minister perhaps illustrate what changes we can expect in that regard.

Finally, when the regulations do come forward, how much can we expect those to mirror the regulations that the UK Government is bringing forward? Will it be, for example, word for word? Would it be lifted out of the UK Government's legislation? And perhaps you could talk about the degree of collaboration, if any, with the Department of Health and Social Care.