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

Part of the debate – in the Senedd at 3:53 pm on 14 February 2023.

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Photo of Baroness Mair Eluned Morgan Baroness Mair Eluned Morgan Labour 3:53, 14 February 2023

(Translated)

The draft Bill seeks to bring forward two regulation-making powers. Firstly, it will include a disapplication power, which will enable Welsh Ministers to dissaply provisions of the UK Government procurement Act that would otherwise apply to NHS health service procurement in Wales. Secondly, it will include a creation power to enable the Welsh Ministers to develop and implement a new, alternative procurement regime for NHS health services in Wales. This will be done through future regulations that will be accompanied by new procurement regime guidance, and these will be co-designed and implemented by the NHS in Wales.

The provider selection regime in England is expected to commence later this year. Therefore, to reduce any potential market distortion and to ensure continued delivery of key NHS health services in Wales, there is some urgency to minimise the period of time when NHS health service procurement platforms in England and Wales will operate on a different basis. And as such, it's proposed that the Bill follows an expedited timetable to seek Royal Assent this summer and to future regulations aiming to come into force early next year. This timeline will also seek to maximise procedural efficiencies for NHS Wales by coinciding with wider changes being brought about as part of the UK Government's Procurement Bill reforms, which are currently programmed for next year.

Whilst we need to be mindful that any new regime and any future regulations and guidelines need to operate on a similar basis to the proposed provider selection regime in England, Welsh Ministers have the necessary legislative competence and ability to design a new regime that best suits the specific needs of Wales in terms of patient care and health outcomes. The practical details of how this will work will be explored further and defined at the future regulation stage.

In conclusion, the proposed Bill will provide the necessary powers to enable future regulations to adapt and respond to proposed changes being introduced to NHS health service procurement in England. Consequently, they will bring about a new procurement regime for NHS health services in Wales to support patient care and better health outcomes for the citizens of Wales. I am pleased to introduce this Bill and very much look forward to the contributions of Senedd Members today, and, of course, in the coming weeks, as part of the Senedd scrutiny process. Thank you.