Health and Social Care

The Strikes (Minimum Service Levels) Bill requires the Secretary of State to consult with such persons as they consider appropriate prior to making regulations to establish minimum service levels for relevant health services in the event of strike action. The regulations must be approved by both Houses of Parliament before they are made. The consultation requirements may be fulfilled before and after the Bill receives Royal Assent. Minimum service levels will enable employers to issue work notices, ensuring adequate staffing for a minimum level of safety to be achieved in the event of strike action.

Minimum service levels aim to limit the impacts of strike action on the lives and livelihoods of the public and to strike a balance between the right of unions and their members to strike with the need for the wider public to be able to access key services during strikes.

This consultation focuses on minimum service levels for ambulance services, which the Prime Minister has identified as a priority, alongside fire and rescue services and rail services. Our proposal is that ambulance services should be covered in regulations as a priority recognising that disruption to blue light services puts lives at immediate risk. This consultation will help to inform a decision as to whether ambulance services should be covered by the regulations and if so the detail regarding the minimum service levels required in the ambulance service.

The consultation will open today, Thursday 9 February 2023, and will be open for a period of 12 weeks, closing on Thursday 4 May 2023.

Copies of the consultation will be deposited in the Libraries of both Houses.

[HCWS563]

I am making this statement to update Members on the Government’s time- table to establish the Health Services Safety Investigations Body (HSSIB) and the Maternity and Newborn Safety Investigations special health authority (MNSI). The programmes of national investigations and maternity investigations currently sit in the Healthcare Safety Investigation Branch (HSIB).

The Health and Care Act 2022 contains provisions that will, once commenced, establish the HSSIB as a non-departmental public body. On 26 January 2022, by way of a written ministerial statement, the Department of Health and Social Care announced that a separate special health authority would also be established to continue the independent maternity investigation programme, and that both bodies were expected to be operational in April 2023.

I am today announcing a delay of six months until October 2023 to the expected establishment of both bodies. I believe this further period will enable all the necessary work to be completed to ensure a smooth transition of these investigation programmes.

In the meantime, I remain committed to ensuring that the important work of the HSIB continues, both investigations and the maternity investigations programme.

[HCWS554]

It is normal practice, when a Government Department proposes to undertake a contingent liability in excess of £300,000 for which there is no specific statutory authority, for the Minister concerned to present a departmental minute to Parliament giving particulars of the liability created and explaining the circumstances; and to refrain from incurring the liability until 14 parliamentary sitting days after the issue of the minute, except in cases of special urgency.

I have today laid a departmental minute proposing the provision by NHS England of an indemnity that is necessary in respect of an NHSE non-statutory independent investigation into patient safety incidents and deaths at the former Liverpool Community Health NHS Trust.

This investigation follows an independent review chaired by Dr Bill Kirkup CBE into widespread failings by Liverpool Community Health NHS Trust. The review report, published on 8 February 2018, found that there were significant failings in the trust from November 2010 to December 2014.

It is important that these failings are investigated and that lessons are learnt to improve services. In response to the serious patient safety incidents described in the report, the Secretary of State for Health and Social Care commissioned Dr Kirkup to conduct an independent investigation into patient safety incidents at the trust. The investigation’s terms of reference cover patient safety incidents that occurred in the same period as the initial independent review addressed—namely, November 2010 to December 2014. The investigation was originally intended to submit its report at the end of 2021, but a number of factors have come together to delay its work, including challenges related to information governance and electronic document management. We now expect the investigation to have reported by spring 2024 at the latest.