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by Munro Research

Trade Agreements (Exclusion of National Health Services) Bill


Official Summary

A Bill to exclude requirements relating to National Health Services procurement, delivery or commissioning from international trade agreements; to require the consent of the House of Commons and the devolved legislatures to international trade agreements insofar as they relate to the National Health Services of England, Scotland and Wales and Health and Social Care in Northern Ireland; and for connected purposes.

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Overview

This bill aims to prevent international trade agreements from impacting the UK's National Health Services (NHS) in England, Scotland, Wales, and Northern Ireland. It requires parliamentary consent from all four nations before any trade deal can affect NHS procurement, delivery, or commissioning of services.

Description

The Trade Agreements (Exclusion of National Health Services) Bill mandates that the UK government cannot sign any international trade agreement unless two conditions are met:

Condition 1: NHS Requirements Condition

The agreement must not impose requirements on health service bodies regarding procurement, explicitly exclude them from future such requirements, and contain no provisions on service delivery or commissioning. This includes investor protection and dispute resolution mechanisms, and pharmaceutical pricing, selection, and listing.

Condition 2: Legislatures Condition

A motion consenting to the agreement must be passed by the House of Commons, the Scottish Parliament, Senedd Cymru (Welsh Parliament), and the Northern Ireland Assembly. A minister must table a motion within 14 days of an independent report's publication, or at the earliest opportunity if sitting days prevent this.

Independent Reports

An independent report assessing the trade agreement's effects on the NHS must be commissioned by the Secretary of State and presented to all four legislatures.

Government Spending

The bill's direct impact on government spending is unclear. The cost of commissioning independent reports and the potential economic consequences of excluding the NHS from trade agreements would need further analysis.

Groups Affected

  • UK Government: Restricted in negotiating trade deals that could impact the NHS.
  • NHS bodies in England, Scotland, Wales, and Northern Ireland: Protected from certain trade agreement provisions.
  • Pharmaceutical companies: Potentially affected by restrictions on pricing, selection, and listing.
  • International trading partners: May face limitations on access to UK healthcare markets.
  • Devolved legislatures: Granted a greater say in international trade agreements affecting their respective health services.
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