Select Committee on Health Minutes of Evidence


Examination of Witnesses (Questions 440-459)

TUESDAY 4 MARCH 2003

RT HON ALAN MILBURN MP AND MR ANDY MCKEON

  440. Can I take you back to the comments you were making about Spain and Sweden and improvements. All of the data that we have seen suggest that there is a much lower acute hospital usage in those countries and certainly our experience of Sweden is that perhaps one of the key factors there is better developed preventative and community care services. Are you not concerned that this concentration on foundation hospitals in the acute sector is actually reversing the trend down the road that you have gone down in putting primary care at the forefront of the NHS and that this is reversing it and concentrating on the acute sector?
  (Mr Milburn) No. I can see why people might think that, but I do not think that is the case. As I say, for the future there is no reason why we should not think about something similar for primary care trusts, but I just think it is far too early for them. The second thing, however, is this, that—

  441. You say that it is too early for them and I think in response to Doug Naysmith you said that PCTs could not cope with the organisational change. Does it necessarily mean organisational change to have a more democratic representation? The foundation trusts, no matter how many members they have got, have responsibilities to their members, whereas the PCTs have the responsibility for the strategic planning and provision of services for their community.
  (Mr Milburn) Of course.

  442. So is it not the PCTs where the accountability should be?
  (Mr Milburn) I just do not think we are at that stage and, as I say, there are consequences, and this is back to the point I was making in relation to Julia's question earlier, which flow from changes in democratic accountability and they are real. What you must not do, in my view, is to set up this idea that you have a local group of people who have been elected who have a democratic mandate and then precisely have no power. Why on earth would you do that? That would be a sort of trick which you would be perpetrating on local communities, so either it is for real or it is not. It is not and with the change in governance in foundation trusts comes a complete change in accountabilities and the freedoms flow from that, and the same would apply to PCTs, so I do not think it as simple as saying that all you have got to do is introduce a democratic element to the PCTs in the way that they are run and that their relationship with Whitehall would remain the same. It would not, so I think there are pretty important consequences which would flow from that. The second point is this: that the PCTs are the people, however much pressure they are under and I understand the pressures that PCTs feel under, they are new organisations and there is what some call "information asymmetry" between PCTs and the acute trusts, in other words, the acute trusts have got all the information about prices and so on and the PCTs have not, but what the PCTs have got that the acute trusts have not got is all the money. We have given them the money. We have given them three years' worth of money. We have given them average 30% growth over three years and we have given it—the growth money—without any strings attached. They can decide where they want to commission and they have got to start commissioning services to meet the needs of the local community. Now, it may well be that they will decide that they want to spend a lot of the money on the hospital services but my bet is that in the primary care trusts, remember that is what they are called, for one good reason, we want to see them changing the shape of primary and community care as well, that they will want to invest in intermediate care and at all of these facilities that we know from all of our constituencies sometimes are sadly lacking. The third point is this. I think your question sometimes presupposes that the hospitals have this rather naive belief that every problem that they have got can only be solved within the four walls of the hospital. I do not believe that is the case any longer, I really do not. Wherever I go, particularly the hospitals that have got A&E problems—okay, we have a lot of people in A&E waiting a long time—what they all say to me, and fundamentally understand, is that the problem in the A&E cannot be solved in the A&E and it cannot even be solved in the hospital. It is about the provision of primary care services, intermediate care services and so on. One of the great benefits, I think, which would flow from NHS foundation trust status is that I would expect to see—and we will look at this very carefully in the application process—NHS foundation trusts coming up with proposals for how they can use their borrowing freedoms, their access to capital, not just to provide better diagnostic and treatment centres and more surgery, but how, for example, they can provide better intermediate care or help with primary care. Now, I think if they start doing that, which is what they want to do, what they always tell me that they want to do, what you have got an opportunity of doing is really making sure that the linkages between primary care and secondary care rather than being undermined are actually strengthened.

  443. Do you not think that is perhaps a little wishful thinking?
  (Mr Milburn) Talk to people.

  444. Do you not think the likelihood is that proceeds from asset realisation, operating surpluses, will be reinvested in the acute sector and not reinvested strategically which they would be if the PCT—
  (Mr Milburn) John, what is the biggest call you have heard for from hospitals when you have been conducting your inquiries? Okay, they want more beds and all that sort of jazz but they want also to see their beds freed up. Every hospital that I go to, every single hospital that I go to talks about the problems in the community and talks about issues of social service capacity. Social services capacity, not even the health service. So I honestly think there is a recognition nowadays within the health service that all of these organisations, whether it is a hospital or a primary care trust or a community care trust, they have to start thinking much more about how to develop partnerships.

  445. Will the foundation trust be able to use its surpluses to pay for patient care?
  (Mr Milburn) Yes, absolutely. We would want to actively encourage them to do so.

Chairman

  446. Can I just come back in on John's question. He has got a very important point. One of the positives of Government policy, in my view, and success is the way in which for the first time since the NHS was introduced in 1948 you have moved the direction of exploiting the genuine potential of primary care and the community. Now what seems odd to me is that in moving in that direction, and we still have a long way to go and I will accept that, you suddenly roll back and then emphasise with this initiative the acute sector. One of the most surprising things that the Committee found out in this inquiry, we looked at comparative figures for every country in Europe and there is only Austria—I think it is—that has more in-patient usage of hospital beds than we have. So the clear message we get is that we are not looking at exactly what you are talking about, the alternatives to people coming into hospital which is why a policy initiative, wholly based, as it appears, on the acute sector, seems at odds with the real agenda, your agenda, which has been successfully perceived, in my view.
  (Mr Milburn) I am glad that you said that but this is not the only policy on the table, is it? As I was trying to emphasise in relation to Simon's question, it is one important policy.

  447. It is, yes. You would accept—let me make the point, it is important to make the point—one of the failings, I think we would both accept of the NHS in the last 54 years has been that it has emphasised the acute sector at the expense of other areas. It appears you have recognised that you have gone in one direction, in my view very successfully, with PCTs and a lot of work in the community and alternatives to admissions and a whole range of initiatives which I welcome and then suddenly we move in a completely odd direction to reinforce the importance of the acute sector. As far as I can see, looking at your document, largely in isolation from the other sectors that you recognise are so important to what happens within the community.
  (Mr Milburn) It is a fundamental misreading of the document, with respect, because I think you know that within the document there are very, very powerful levers that link the acute sector to the primary care sector and to the broader community. I think you would have a very good point if this was the only policy that we were advocating; it is not. Primary care trusts are an absolutely crucial part of the architecture and we want to strengthen that. The reason, for example, that we are introducing HRGs and new forms of financial flows in the National Health Service is precisely to strengthen primary care and primary care services so that commissioning works. I will tell you, on commissioning, where the commissioners are weakest is when they have got to negotiate prices and that is always going to be the case. Certainly international evidence from the States and elsewhere seems to suggest that if you move to an HRG model which is in parallel with the other changes that we are making, then the consequence of that is better utilisation of hospital beds, lower length of stay and consequentially more investment in community services.

  Chairman: I am going to bring in Julia and Simon, very briefly please, and brief answers from yourself, Secretary of State.

Julia Drown

  448. Is it not illogical to say that the acute trust, should, for example, be able to expand in the community and provide more mental health facilities so they do not delay discharges of people with mental health problems and not allow the mental health trusts to have those freedoms to do so?
  (Mr Milburn) I want to do that.

  449. So you are doing it?
  (Mr Milburn) We are not at the moment. With mental health trusts we did what I think most people would say was a pretty rudimentary first assessment last time round with the star ratings. If you think that we have got difficulties in assessing the performance of acute trusts, and you do have, as I said to Richard, that is nothing in comparison to the assessment of the performance that currently we are able to make for mental health trusts.

  450. They are not being invited in round 2 either.
  (Mr Milburn) I think that in the future there is absolutely no reason—and we have got to get the timing of this right, and I have taken no final decisions about it as yet—why foundation trust status should not be available to mental health trusts.

  451. But not in the first and second wave. Thank you.
  (Mr Milburn) I did not say anything about the second wave, not until this first wave. I have not taken any decisions about second waves.

Mr Burns

  452. Can I ask: does it mean that foundation trusts could develop joint projects with GP practices as well as PCTs?
  (Mr Milburn) Absolutely.

  453. Thank you.
  (Mr Milburn) Without the need for any prior approval from me, they can just get on and do it.

Siobhain McDonagh

  454. Recent research from Bristol University has argued that introducing competition into the NHS damages quality and may have contributed up to 4,000 extra deaths from heart attacks. Although the new reforms introduce competition over capacity and volume rather than price, it is competition nevertheless. Given the problems associated with the internal market, why have competitive reforms been reintroduced?
  (Mr Milburn) I was not responsible for the internal market. I was responsible for abolishing it so you will have to ask others the questions about the consequences of the then policy. What is right in my view is to try to get the balance right in terms of the levers that you pull in any health care system. As I say there is compelling evidence from World Bank studies and from all the international evidence that we know that a one size fits all approach to policy, never mind a one size fits all approach to health care structure does not deliver you improvement. Of course you are going to have national standards, and we have done a lot on that, and we have put a lot of architecture in place to help make that happen, whether it is national service frameworks or NICE or the Commission for Health Improvement, but what you have to have, also, in my view, is you have to have appropriate incentives in the system. Without appropriate incentives, without better engagement of staff, without decent relationships between the community and local services, you just do not get improvement. As I say, it is about how you calibrate all of these things. What depresses me is when we have a reductionist discussion and we pretend that all that is happening are NHS foundation trusts or all that is happening is some element of contestability or some element of patients exercising choice. It is not any of these things by themselves which in my view will result in improvements in services, it is how you get all of these levers working in tandem that gets you the improvement. For example, I just think that if we are really going to have a service that is centred on patients then patients within the National Health Service are going to have more choice. There is choice at the moment, if you can afford to pay, you can just opt out, some—our political opponents—would love for more people to opt out of the National Health Service. I do not want that to happen, I want people to stick with the NHS but in order to do that they have to have some choice.

  455. It is reintroducing a form of competition?
  (Mr Milburn) I do not think it is about reintroducing a form of competition in the way that people describe it. People always say this is about the reinvention of the internal market and clearly it is not. The internal market was competition based on price, that was what happened, people competed on price. It is not about that. However, I think it is quite right that both primary care trusts, as the commissioners of services, and most importantly of all, individual patients as the recipients of services have some choice about where they get their health care from. I will tell you if it was me and I wanted to have a heart operation, I would want to know what the quality of care was like, of course what the waiting time was like and what the appropriate outcomes were like in different providers because sadly we do not have uniformity in provision. Sometimes we pretend as if we do, we do not have uniformity in provision. If people want to talk about tiers, we have many tiers and in the end I think you can only get performance improved if you get the right combination: standards from the top but also the patients, the people who actually use the services, exercising some discretion because that brings some pressure on the system as well.

Sandra Gidley

  456. Can I pick up on this choice because if foundation hospital trusts work well then I can foresee that if they bring down their waiting lists and do all the other innovative things that they are supposed to do then patients will want to vote with their feet. I come back to your answer to Jim Dowd earlier, how do you stop patients from doing that and also ensure that the second/third choice hospitals retain their funding streams because the funding is going to follow the patient. You said there is a statutory duty of partnership, where does patient choice come into this? If lots of patients do vote with their feet funding streams are not guaranteed and where does that leave the lesser performing hospitals?
  (Mr Milburn) Why should I want to stop patients exercising choice? Why on earth should I want to do that?

  457. Can you say where this statutory duty of partnership comes in with the PCTs then if they are referring people? I am not clear on that. It seems to be mutually incompatible.
  (Mr Milburn) No, it is not. I think sometimes there is a naive belief, I am not saying that you have it. Notwithstanding that point, I am not saying that Sandra has it at all, but I think sometimes there is a naive belief that if you fire a single silver bullet in an organisation as complex as the National Health Service that automatically gets you improvement, it does not at all. For example, choice in my view would be a disaster for emergency care and indeed one of the principal reasons why the naive internal market failed was that the assumption of the then government was that you could treat emergency services in the same way as you treat elective services. At its most simple: if you are in the back of an ambulance after a road traffic accident, the last thing that you want to be asked is your choice of which A&E you want to go to. You want to go to the nearest A&E. It is different for elective surgery because you can make a positive choice about that. Women make choices today about maternity services in this city. When I visited St Thomas's just a few weeks ago I opened the new Women and Children Centre which is brilliant, I met a group of mums who had just had their babies. I asked each of them how they got to the hospital—not by which means of transport but how they decided to go there—each of them had made a positive choice to go there. They could have gone to another hospital, they decided to go to that one because they heard it has a good reputation, it is very women centred, there are lots of midwives providing midwife care and so on and so forth. If that is right for maternity services why is it not right for elective surgery services? It seems to me there is absolutely no reason why you should not be able to do that as capacity grows.

  458. I am not saying it is wrong but what is the consequence for the other hospitals? The one star and two star trusts neighbouring the other trusts who are losing their patients, losing their funding stream, will find it increasing difficult to turn it round.
  (Mr Milburn) It might make them sit up and take notice. It might make them get focused on improving quality. Nobody, with respect, none of us has got a God given right to be Members of Parliament, we earn that right. No public service has got a God given right to provide services. It has got to earn that right because either we believe in the language of patient sentiment, either we believe that these services should be designed around the interests of patients, either we believe that the people who come first in public services are the people who are on the receiving end of them or we do not. My job is to make sure as Secretary of State for Health that what comes first is the interest of the patient. I actually believe that where you have the right incentives in place in the system, what it leads to is improvement across the piece. Now I think your worries about NHS foundation trust status would be perfectly reasonable worries if it was the case that what is sometimes written in the newspapers is right, ie that we are going to have an elite few up here and then we are going to have second rate services down there. That is not the Government's policy, it might be others' policies but it is not mine. What I want to see is a level playing field and I am determined that over the course of a four or five year period that is what we will have.

  459. Can I just finish up. I do not really think that the fundamental point has been answered because there will be some people who cannot travel and most people who exercise choice travel.
  (Mr Milburn) Absolutely.


 
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