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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 protect the UK's National Health Services (NHS) from being negatively impacted by international trade agreements. It mandates parliamentary consent for any trade deal affecting the NHS and prevents the inclusion of requirements that could compromise NHS procurement, delivery, or commissioning.

Description

The bill introduces two key conditions for signing international trade agreements: the "National Health Services requirements condition" and the "legislatures condition."

National Health Services requirements condition

This condition ensures that any trade agreement:

  • Does not impose requirements on NHS bodies regarding the procurement of goods or services.
  • Explicitly excludes NHS bodies from any future such requirements.
  • Contains no provisions affecting the delivery or commissioning of health and care services by NHS bodies.

The definition of "requirements" includes investor protection and dispute resolution mechanisms, and provisions on pharmaceutical pricing, selection, and listing.

Legislatures condition

This condition necessitates a motion of consent from the House of Commons, the Scottish Parliament, Senedd Cymru, and the Northern Ireland Assembly for any trade agreement impacting their respective health services. A Minister must move this motion within 14 days of the publication of an independent report on the agreement's potential effects on the NHS.

Independent Reports

The Secretary of State must commission an independent report assessing the effects of any trade agreement requiring devolved legislature consent, before it is presented to the relevant legislative body for approval.

Government Spending

The bill itself doesn't directly specify changes to government spending. However, preventing potentially costly or detrimental trade agreement clauses could indirectly lead to savings or prevent increased expenditure on the NHS in the long run. No specific figures are provided.

Groups Affected

  • National Health Services (NHS): The bill directly protects the NHS in England, Scotland, Wales, and Health and Social Care in Northern Ireland from potentially harmful trade agreement provisions.
  • UK Government: The government's ability to negotiate and sign international trade agreements is restricted by the need for parliamentary consent and the exclusion of certain clauses.
  • Devolved Administrations: Scottish Parliament, Senedd Cymru, and the Northern Ireland Assembly gain greater control over trade agreements affecting their respective health services.
  • Pharmaceutical Companies: The bill may impact pharmaceutical pricing, selection, and listing processes, potentially influencing profits and market access.
  • International Trade Partners: The bill's restrictions could affect the scope and terms of trade deals between the UK and other countries.
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