Committee News Release
CHEAL 02/2003
Monday 6 October, 2003
HEALTH COMMITTEE HAS “MAJOR CONCERNS” ABOUT PRIMARY MEDICAL SERVICES BILL
The Scottish Parliament’s Health Committee has expressed “major concerns” about the implementation of the Executive’s Primary Medical Services (Scotland) Bill.
In a letter to the Minister for Health and Community Care, Malcolm Chisholm, the Committee has stated that it is “not content that this Bill should proceed to Stage 2 before all draft regulations, UK and Scottish based, are brought in their entirety before the Committee.” The letter accompanies the Committee’s Stage 1 report on the Bill which is published today.
The Primary Medical Services (Scotland) Bill is primarily an enabling Bill, which sets out the legislative framework for the implementation of the new contract for providers of general medical services (GMS).
However, the draft Regulations that will implement the main parts of the Bill are still subject to significant further negotiation at a UK and Scottish level. As such, they are not currently available for the Committee to examine.
Furthermore, Standing Orders currently prohibit amendment of Regulations by subject Committees. Committees may only accept or reject these items of subordinate legislation.
Convener of the Committee, Christine Grahame said:
“Our Committee considers the lack of Regulations most unsatisfactory and a cause of great concern. It is the role of Scottish Parliament Committees to scrutinise legislation and its probable impact. Without sight of the Regulations, this Committee’s role has been severely compromised.
“We have not seen any of the draft Regulations which will implement the Bill and if we allow this Bill to significantly progress without sight of them, we consider that our vital scrutiny function has been severely impaired. As a result, we have major concerns regarding the implementation of this legislation.”
However the Committee is satisfied that the Bill has the potential to improve the present situation with regard to the delivery of primary medical services and the recruitment and retention of staff. As such, it is recommending the Parliament approves the general principles of the Bill, but is seeking a revision of the existing legislative timetable, which would allow the Committee to scrutinise all draft regulations before Stage 2 commences.
BACKGROUND
The Primary Medical Services (Scotland) Bill was introduced by the Executive to the Scottish Parliament on 23 June 2003.
The Primary Medical Services (Scotland) Bill is primarily an enabling Bill, which sets out the legislative framework for the implementation of the new contract for providers of general medical services (GMS). It covers both general medical services and personal medical services. It makes provision for primary care medical services and covers the duties of Health Boards and the contract terms of General Practitioners.
The Executive states that “the aim of this Bill is to link investment to the specialist health needs of local communities and practice populations, rather than simple payments for services and allowances for doctors.”
Copies of the Stage 1 Report are available on our website and from the
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