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Jane Hutt
Minister for Health and Social Services

JH/05697/03
The Rt Hon Lord Richard QC
Richard Commission
Caradog House
1-6 St Andrews Place
Cardiff
CF10 3BE

16 July 2003

Dear Lord Richard
Thank you for your letter dated 23 May inviting me to give further evidence to your Commission. Whilst I am grateful to be given this opportunity, I do not wish at present to add to the evidence I have provided.
You asked for information on two specific items: the implications of NHS Foundation Trusts in England, and achieving our manifesto policy of free prescriptions in Wales.
In Wales, we intend to pursue many of the benefits of the proposed NHS Foundation Trusts in other ways more fitting to our circumstances and policy direction. The legislation for Foundation Trusts, in the Health and Social Care (Communities and Standards) Bill, therefore refers to England only. The approach we are taking in Wales is not dependent on further primary legislation, although it has been facilitated by the creation of Local Health Boards established through earlier legislation. These provide local focus in the commissioning of services, whilst the Welsh Assembly Government will set national standards and the new regional offices will enhance performance management and performance improvements based round a "balanced scorecard" approach that allows flexibility at local level in terms of the way in which national strategy is implemented. This will also allow for a greater devolution of power responsibility to clinicians and managers responsible for the provision of care. In addition, we are pursuing a rigorous 'Agenda for Change' programme to allow for the more flexible deployment of a modern workforce in Wales. These elements are all achievable within existing legislation, so there is no need for the Health and Social Care Bill to take them into account.
The Bill does, however, contain Welsh-only clauses which will establish a Health Inspectorate to carry out inspections of health organisations in Wales
in a manner analogous to the Care Standards Inspectorate Wales and Social Services Inspectorate Wales.
I understand that, subsequent to your letter, your office has requested information on the concerns raised over cross-border. implications for Wales of Foundation Trust legislation. There are two basic concerns which have been raised, both about operational issues if trusts close to the border achieve Foundation status.
The first is that the degree of financial freedom Foundation Trusts will have may allow them to increase salaries or provide incentives to attract key staff from other regions, including Wales. At this stage, it is not certain that Foundation Trusts will actually raise salaries but, if they do, this is one more pressure on the already significant issue of recruitment and retention faced by organisations across the UK. The Welsh Assembly Government has developed a national strategy for recruitment and retention - reflected in local strategies in all Welsh NHS trusts - and is addressing the issue in other ways such as a new contract for consultants in Wales currently under negotiation (without the need for primary legislation).
The second concern has been that Foundation Trusts would not provide services to Welsh patients. This concern has been cleared up within the Health and Social Care Bill with Amendment 148, which states that every Foundation trust must be authorised to provide healthcare services to NHS patients from other parts of the UK. This will allow Welsh patients who live on the border with England to be treated in an English hospital, if that is most convenient. As importantly, it allows for NHS patients from any part of the UK to receive care in national specialist facilities in England.
You also asked how the manifesto policy on free prescriptions would be achieved within the devolved powers. A number of options are being considered for taking forward this policy, but the challenges are practical rather than legislative. As far as legislation is concerned, the main change is to amend the NHS (Charges for Drugs and Appliances) (Wales) Regulations 2001 so a patient for whom drugs or medicines have been prescribed in Wales will be entitled to an exemption from prescription charges. The policy can therefore be pursued through changes to secondary legislation in Wales, without the need for primary legislative changes.
I hope this answers your queries and that you find this information helpful.
Jane Hutt AM
Minister for Health and Social Services