40 views
Public Services for All > Published by Andrew Georgiou, March 22nd 2011 at 4:49 pm

It’s Europe that will kill the Tory NHS reforms

Print Friendly

In light of David Miliband’s LSE lecture on the decline of social democracy in Europe it is clear there has never been a more important time for progressives to stand up for their greatest achievements. The NHS is at the forefront of this. Inflated rhetoric about broken promises and the like, as gratifying as it sounds, will not stop the Tories NHS bill becoming law. The real opportunity lies in the question of Europe.

Andrew-Lansley-looking-grimThe Health and Social Care Bill will create an economic regulator (Monitor) whose first duty is to:

“…promote competition where necessary.”

This brings NHS commissioning under the umbrella of UK competition law, however it is the knock on effect of this which will make Tory MPs shudder. As well as opening the door to slick dressed city litigators from the UK, they are also opening the door to those “dreaded bureaucrats” from Brussels.

As Crispin Drowler has reported (£):

“Lawyers and academics warn that the changes will leave NHS commissioners and providers more vulnerable to legal challenge at the European Court of Justice.”

In the past European treaties banning anti-competitive behaviour and abuse of market dominance have not applied to the NHS, but these reforms change the situation completely. The more the government forces competition into the NHS the harder it will be to argue that EU law does not apply.

John Healey, Labour’s shadow health secretary, quite rightly pointed out in an Opposition Day debate that:

“We risk decisions about who provides our health care services being taken not in England by GPs or Ministers, but in Brussels by the European Commission, and in Luxembourg by the European Court.”

The irony is almost poetic. A bill that was introduced with the intention of devolving commissioning powers down to GPs has resulted in passing the powers up to the EU. The initial motivation for the reforms, handing commission powers to frontline staff, will be eclipsed by the spectre of Europe.

However the enforcement of competition law, something that many Tories may not necessarily object to, is likely to be only the start of EU involvement. David Price from the University of London has stated:

“If European private hospitals come in, will the inspection regime that all providers are supposed to be under be regarded by the European Union as too burdensome? That may be subject to legal test and you might expect that the court will continue to move the goalposts.”

If the EU’s involvement in applying competition law does not have Tory MPs running for the no lobby then surely their involvement in setting standards for British healthcare will.

It was only a few weeks ago that Tory Euro-sceptics where falling over themselves to exclaim how sick they where over the ECHR ruling on prisoners voting rights. It remains to be seen how ill EU involvement in the NHS will make them or will this be another bitter pill they will be forced to swallow.

  • http://twitter.com/news_generator/status/50240994108653569 Imperial College DoC

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/neathland/status/50241310090735616 Neath

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/hhaylo/status/50241995003805696 Hhaylo

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/nhsspy/status/50243645005242368 Watching You

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/hsjeditor/status/50243798504181761 Alastair McLellan

    It’s Europe that will kill the Tory #NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou via @leftfootfwd:

  • http://twitter.com/press_not_sorry/status/50243887519891456 Press Not Sorry

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/fateeore/status/50243977517076480 jeremy young

    RT @HSJEditor: It’s Europe that will kill the Tory #NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou via @leftfootfwd:

  • http://twitter.com/darrenpjones/status/50244224519651328 Darren Jones

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/spsot/status/50244392946106368 Spir.Sotiropoulou

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms http://bit.ly/gM0btX

  • http://twitter.com/ajgeorgiou/status/50244481206861824 Andrew Georgiou

    My article for @leftfootfwd on why Europe will kill the Tory NHS reforms:
    http://bit.ly/e11j3F

  • http://twitter.com/rickmuir1/status/50248042930110464 Rick Muir

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms http://bit.ly/gM0btX

  • http://twitter.com/jackstorry/status/50248445075791873 Jack Storry

    RT @AJGeorgiou: My article for @leftfootfwd on why Europe will kill the Tory NHS reforms:
    http://bit.ly/e11j3F

  • Teena Franks

    Nice little film here about that dreadful Mr.Lansley and his health bill. http://www.youtube.com/watch?v=Dl1jPqqTdNo

  • http://twitter.com/mellojonny/status/50254221605482497 jonathon tomlinson

    @leftfootfwd: Europe will kill the #NHSreforms http://bit.ly/gM0btX Many UK private providers are global happy with open market

  • http://www.abetternhs.wordpress.com Jonathon Tomlinson

    Most GPs are not so gullible as to believe that the bill “was introduced with the intention of devolving commissioning powers down to GPs” It’s perfectly clear to us that it was designed to create a healthcare market, GP power and money is a honey trap. Some may profit from it and sell their share to bigger players. The private players are global corporations including US Health Management Organisations (HMO) and private equity companies like Bridgepoint for who EU competition law is immaterial. Just as the French own our electricity I see no reason why the NHS will not soon be foreign owned. More than enough present and former politicians have sufficient COI to allow the reforms to go ahead.

  • http://twitter.com/rincewinduk/status/50258787000532992 Mike Ranscombe

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/sean_gittins/status/50258848782626816 Sean Gittins

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/tomayates/status/50259913796108288 Tom Yates

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/chegarty77/status/50276400384589824 Chris Hegarty

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/siouxzmitch/status/50277518686691328 Sue Mitchell

    RT @CWallace91: Very interesting indeed! RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms http://bit.ly/gM0btX

  • http://twitter.com/444blackcat/status/50300887280795648 john

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou

  • http://twitter.com/mswigsy/status/50309989130182656 Wendy Maddox

    RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms http://bit.ly/gM0btX

  • http://twitter.com/leicesterliz/status/50314366326808576 Liz Kendall

    RT @HSJEditor: It’s Europe that will kill the Tory #NHS reforms: http://bit.ly/e11j3F writes Andrew Georgiou via @leftfootfwd:

  • http://twitter.com/jos21/status/50329454131683328 Jos Bell
  • http://twitter.com/thegreenbenches/status/50329892574859264 Dr Eoin Clarke
  • http://twitter.com/lewsosnhs/status/50330651903266817 Lewisham SOS NHS
  • http://twitter.com/staffsunison/status/50338199096147969 Staffordshire UNISON

    RT @MsWigsy: RT @leftfootfwd: It’s Europe that will kill the Tory NHS reforms http://bit.ly/gM0btX

  • http://twitter.com/chimenet/status/50339003303591937 Kevin Pritchard
  • http://twitter.com/flipchartft/status/50461212860891136 Rick

    RT @leftfootfwd It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F Will Lansley's plan lead to meddling by Eurocrats?

  • Anon E Mouse

    Jonathon Tomlinson – That healthcare market you describe was brought in by the last Labour government in 2004 not this one. Stop rewriting history…

  • DevonChap

    Lets get this right. The EU will force greater competition and deregulation in the Health Service. You think the Tories won’t like that? And they can blame the EU. What’s not to like?

  • Andrew Georgiou

    Jonathon Tomlinson – I agree that the big global corporations will undoubtedly be the net benefiters from these reforms. They certainly will ignore competition law when it works against their interest but they will be quick to use it when it works in their interest. Allowing them to escalate appeals to a European level means that even Judges wedded to the idea of the ‘soul’ of the NHS will have no power to object.

    I don’t believe them to be gullible, however the original motivation for introducing the Bill was to devolve commissioning powers to frontline staff – if it does not achieve this (and in fact does the opposite) it blows the whole argument wide open.

    DevonChap – I think Tories will object to the EU interfering in legal proceedings and the setting of standards. Not to mention a large amount of their “euro-sceptic” voters will object in a massive way – they can’t afford to be inconsistent on this issue it’s important to their base.

  • http://twitter.com/janeayres/status/50623454457774080 Jane Ayres

    RT @leftfootfwd It’s Europe that will kill the Tory NHS reforms: http://bit.ly/e11j3F writes Andrew Georgio… (cont) http://deck.ly/~dupcv

  • http://twitter.com/myinfamy/status/50743739026653184 Daniel Pitt

    Europe will kill the Tory NHS 'reforms' http://bit.ly/e11j3F #ConDemNation #Budget2011

  • http://www.leftfootforward.org/2011/03/cameron-doesnt-get-it-on-disability-reforms-mobility-payments/ Can someone explain the disability reform to Cameron, please? | Left Foot Forward

    [...] time, for not having a grip on how his government’s own health reforms with regard to how European Law will rip the NHS to pieces if the bill goes through. The prime minister – or at least [...]

  • http://progressiverestoration.wordpress.com/2011/04/01/the-adoption-of-american-style-adversarial-legalism-in-europe-and-formation-of-eurolegalism/ The adoption of American style adversarial legalism in Europe and formation of Eurolegalism « Progressive Restoration

    [...] It’s Europe that will kill the Tory NHS reforms (leftfootforward.org) [...]

  • http://www.leftfootforward.org/2011/07/protect-the-nhs-clause-needs-to-be-introduced-into-andrew-lansleys-health-bill/ A ‘protect the NHS’ clause needs to be introduced into Lansley’s bill | Left Foot Forward

    [...] is the thorny question of how much the NHS commissioners will have to take into account UK and EU competition law. (See also the NHS Confederation document ‘What do EU competition rules mean for the NHS?’ [...]

  • http://www.leftfootforward.org/2011/07/debbie-abrahams-mp-health-and-social-care-bill-recommitted-to-parliament/ The NHS needs reform and accountability – not the opening up of the market | Left Foot Forward

    [...] opening up the NHS to EU competition law will dramatically increase the amount of capital available to bring into our health service, but [...]