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UNCORRECTED TRANSCRIPT OF ORAL EVIDENCE To be published as HC 401-vii House of COMMONS MINUTES OF EVIDENCE TAKEN BEFORE WELSH AFFAIRS COMMITTEE
THE
PROVISION OF CROSS-BORDER PUBLIC SERVICES FOR
Thursday 12 June 2008 RT HON RHODRI MORGAN AM, Evidence heard in Public Questions 523 - 636
USE OF THE TRANSCRIPT
Oral Evidence Taken before the Welsh Affairs Committee on Members present Dr Hywel Francis, in the Chair Mrs Siān C James Mr David Jones Mr Martyn Jones Alun Michael Albert Owen Mark Pritchard Hywel Williams Mark Williams
________________ Witnesses: Rt Hon Rhodri Morgan AM, First Minister, Ms Ann Lloyd, Head of Department of Health and Social Services, Mr Tony Parker, Director of Rail and New Roads, Mr Mark Drakeford, Special Adviser to the First Minister, Welsh Assembly Government, gave evidence. Q523 Chairman: Welcome to the Welsh Affairs Committee, First Minster. Could you, for the record, introduce yourself and your colleagues, please. Mr Morgan: I am Rhodri Morgan. I am First Minister. On my left is Ann Lloyd, the Head of the Department of Health and Social Services. On my right is Mark Drakeford, Special Adviser, and further to Ann's left is Tony Parker, Director of Rail and New Roads in the Department of Economy and Transport. Q524 Chairman:
Thank
you very much. Perhaps I could begin by
placing on record our appreciation of you coming here today and also the fact
that there has been great interest on both sides of the border for this
inquiry. We have received a great deal
of written evidence already, and I thank you and your colleagues for providing
some of that written evidence. Minister,
perhaps I could begin, first of all, by asking a question which I pose to
everyone when they come before us on this particular inquiry: What impact has
devolution had on the provision of cross-border services for Mr Morgan: Transparency, I suppose, because
you have a very transparent process in the Assembly in Q525 Chairman: In the last five years, where would you say the major points of divergence have been? Clearly there are beginning to be significant divergences, seemingly in health and certainly in education. Could you outline for us where the divergences are? Do these provide opportunities, challenges or real threats? Mr Morgan: Divergence is inherent in
devolution, is it not? It is not that it
was impossible to have divergence pre-devolution - an individual Secretary of
State like John Redwood or Peter Walker, famously, could decide to be to the
right or to the left of the existing government and could run Wales in the way
that they chose - but since devolution the agenda is simply now determined by
the perception of Welsh needs by who ever happens to be in charge of Wales at
the time, and they will suit the agenda to Welsh needs and then in England they
will suit the agenda to England's needs.
In relation to a kind of choice‑oriented agenda, I suppose we
would say that we have not chosen to go down that route, but in England the
Department of Health has, and the Department of Education to a limited extent
has, through Academy Schools, but then we do not have the big metropolitan
areas where you can be choosing where to go to school. Normally in Q526 Chairman:
It
has been suggested to us that with the advent of democratic devolution in Mr Morgan: The two examples I gave you in answer to your first question I think will give the lie to that. From time to time and initiative will be taken, such as was done in Peter Walker's time as regards the treatment centres, which involved forming a Fortress Wales (that is, patients from South Wales would go to Bangor for cataracts; patients from North Wales would go to Bridgend Hospital and Tregaron(?) Hospital for and knees or piles and hernias and varicose veins, and so forth) whereas, geographically, it might be said that that is a long journey for relatively simple routine treatments. The Glan Clwyd Cancer Centre, which I will mention a little bit later, cutting off two-thirds of North Wales' patients from Clatterbridge; the one-third in the Wrexham area continue to go to Christie. I do not think we have done anything that you could describe as introspective, "Fortress Wales" oriented policy comparable to those two initiatives which took place before democratic devolution. I think they give the lie to that allegation, wherever it has come from. Q527 Chairman:
You
would be happy for me to say that one of our greatest assets in Mr Morgan: I have always said that. Very closely integrated. It will be different in Q528 Albert Owen: What is a PET scanner? Mr Morgan: I think it stands for positron emission tomography. Q529 Chairman: Just in case I missed the thread of your argument: I did pick up at the beginning that you were asserting the fact and acknowledging that for the foreseeable future the East-West link or connection is to be reasserted, and there is no such thing as an in-Wales solution to all problems in the Health Service. Mr Morgan: I am not sure about the use
of the word "reasserted" - but no change, except that from time to time
specialist services become mainstream services and then can be repatriated; the
PET scanner being one example. Deep
brain stimulation is now being commissioned from English providers, but Edwina
Hart has said that she thinks it may be possible within a year or so for
deep brain stimulation to be available in Q530 Chairman: I get the drift of what you are saying, that you will judge each case on its merits and there is a pragmatic approach Mr Morgan: Yes. Q531 Mark Pritchard: Given the repatriation comment you have just made First Minister, would you say it is either an aspiration or a policy? Mr Morgan: It is so pragmatic, I find it
difficult to categorise. If something
became sufficiently mainstream that you could and should provide it locally -
and sometimes that will mean locally in North Wales and sometimes it will mean
locally in Q532 Mark
Pritchard: Are you saying to us that overall you do not
have an aspiration for Mr Morgan: I would anticipate that certain specialist treatments become mainstream. When they become mainstream, you have to give serious consideration as to whether you can provide them effectively, safely, clinically; that they would be absolutely at the cutting edge, the best, et cetera; and then you need shorter travelling journeys. Q533 Mr Martyn Jones: What input do you personally have in policy decisions regarding where a particular service is delivered on what side of the border? Mr Morgan: It depends what you mean by policy decisions. On policy decisions which become financial decisions and/or have resource implications, and the usual budget to and fro between the Finance Minister, the Health Minister, the Education Minister, and so on, there will be times when I am drawn in and there will be times when I am not drawn in. Q534 Mark Pritchard: But not all the time. Mr Morgan: Not all the time, no. Q535 Alun Michael: Earlier in your evidence, you referred to the greater divergence and the greater transparency that comes with the advent of devolution. It also means, therefore, that more is known, does it not? It also exposes anomalies where they exist and unintended consequences sometimes when there is a decision on the two sides of the border. We have heard evidence from both sides about the absolutely crucial importance of the need for simplicity and clarity from the point of view of the individual families, the people who are seeking to access services. Against that background, clearly you have a pivotal role in developing and maintaining the relationship between the Welsh Assembly Government and the Government of Westminster. Mr Morgan: It is in my job description. Q536 Alun Michael: How do you work at trying to achieve coherence and a minimum of those anomalies to which I have referred? Mr Morgan: Decisions are partially
technical, partially financially driven, and partially politically driven. It is in my job description to lead on matters
which relate to the relationship between Q537 Alun Michael: I was looking rather more at how you carry forward a policy of coherence on both sides of the border. For instance, there has been a lot of discussion about the role of improved protocols between the two governments. Mr Morgan: Yes. Q538 Alun
Michael: And also improved protocols, for instance,
between the health services in Mr Morgan: Yes, it does. These are very practical issues. We have a concordat going back to 2001 which specified that not any one of the four administrations running health in the UK - practically it applies more to England and Wales than it does to Scotland and Northern Ireland, so not one of the four, but really it is not one of the two - should do anything which has an adverse consequence, either financially or in terms of patient care, on another administration, and that, if they do, financial compensation should be provided if there is a financial adverse consequence. The row which will we are all aware of and which you are all of aware of - it has produced a lot of newsprint and a lot of coverage - over the new payment by results system which came in in England about two or two-and-a-half years ago now - and the row was in the build-up period to that - was in our minds not in keeping with the concordat. Although we have made it so now - we have made it to be so now, after a lot of is patient negotiation - initially certain English Trusts were not abiding by the guidance given by the Department of Health and were trying to charge their Welsh LHBs extra, contrary to the DoH guidance which was in line with the concordat. We were asking the DoH, "You enforce your guidance," and of course they had no motivation to enforce the guidance because if they had enforced the guidance then that would have accelerated the compensation based on the 2001 concordat. That is a practical issue then about the negotiations over sums of money. It is £2 million here, it is £10 million there, but everybody tries to say, "But there is a concordat. You have to abide by the concordat," but making sure it sticks was very difficult. But it is okay now. There are no problems at this moment in 2008-09. Q539 Albert Owen: This may sound naļve, but I was not here in the House at the time the first Government of Wales Bill went through. They were heady days and there was excitement about devolution, but were these cross-border issues given sufficient attention during the passage of that Bill, or was it the case that these belonged to the old Wales Office, so that is what the Assembly will run, this is what the rest is, and then there is this grey area and it is not just increased transparency now, but it is that many of these problems that were not dealt with at that time are coming home to roost. Mr Morgan: I do not recognize that description at all. As Michael put it, more is known now but more is challenged now. That is the issue: the scrutiny mechanism is so much stronger. People have interpreted that scrutiny mechanism as being the age of challenging either the minister or the man or woman in the white coat, who is either running the Health Service, as Ann would testify, or providing the clinical side of the Health Service. People now do not accept a decision by a minister. When Ian Grist in the 1990s said, "Okay, patients from North Wales will travel to South Wales to have their hips and knees done, or their piles and hernias and varicose veins done, and patients from South Wales will go to Bangor to have their cataracts done," people said, "Well, he's the minister, he makes the decisions. Okay, we may not like the five-hour journey in an ambulance, but if that's what he says, that's what we're going to do." That would never happen now because they would challenge it. They would say, "We don't like that." It is just the mood music. It is not just devolution; there is a much more challenging mood among the public now about all decisions by all ministers. I am sure the setting up of the North Wales Cancer Centre at Glan Clwyd would have produced a much bigger row now, testing whether you can guarantee that you are really going to be able to recruit cancer specialists into North Wales when you have never done it before, when we have a very good service in Clatterbridge and an even better one in Christie for outpatients from the Wrexham area. Q540 Albert
Owen: I accept that within Mr Morgan: I think the Government of
Wales Act - and Alun will correct me about this - was to set up the machinery
for establishing concordats. I do not
think it was envisaged that you would write the concordats before the Assembly
was set up. The concordat coming along
in 2001 appeared to solve the problem - and it did solve the problem until 2005-06,
when the impending change in the system came along in Q541 Albert Owen: So it is post-devolution changes that are the big issue. Mr Morgan: Yes, I think so. Q542 Mr David Jones: First Minister, you have mentioned the issue of improved scrutiny and transparency. Mr Morgan: I did not say improved; I just said more. Q543 Mr David Jones: I see, so you do not regard it necessarily as an improvement? Mr Morgan: Sometimes, yes. Q544 Mr
David Jones: You have quoted previous instances of patients
from Mr Morgan: I do not think you can prove it either way, but I think the level of challenge is much, much greater now. I am not approving of it; I am not disapproving of it; I think it is a statement of fact that the level of challenge is much greater. In relation to patients from North Wales being told in 1990, "You will go to South Wales for hips and knees and general surgery" - and the numbers, of course, are quite large, much larger than in elective brain surgery - the operation is probably seen as less tricky or threatening, but the numbers involved are probably at least 10 times greater - the difference between relatively no kerfuffle back in 1990 and an awful lot of kerfuffle about a proposal floating in the air in 2007 is mostly related to the change in the public mood, created partially by devolution and partly by the fact that the public now challenge things much more, whether it is ministerial, whether it is to do with the Assembly, whether it is to do with Westminster, or even clinical decisions as well. They demand their rights. Chairman: I think we have to move on now. Q545 Mr Martyn Jones: What principles should govern the access Welsh patients to the English NHS? For example, should they use whichever service is best for them regardless of where the service is? Mr Morgan: Obviously, clinical safety
and clinical quality will be the main drivers, and the issue is always whether
what you want is excellent services provided as close as possible to your home
or services which are as close as possible to your home which are provided as
excellently as possible. I think it has
to be the first of those: excellent services provided as close as possible. There is one warning about cross-border
services which I do want to refer now - although I do not think it could happen
again now - when the worst disaster to hit the National Health Service struck,
that is the Bristol children's heart hospital scandal about 15 years ago,
one notable characteristic was that children requiring heart surgery in the
Bristol area stopped going to the Bristol children's hospital because GPs in
the Bristol area knew there was something wrong. Patients from Q546 Mr
Martyn Jones: Given that you have stated we should have
excellent services as close as possible to our homes, why did your Health
Minister announce that elective neurosurgery would only be performed within Mr Morgan: I am not aware that she went beyond floating the possibility that this was a possible solution. Our broad policy is that diagnostics should be brought closer and rehab should be brought closer, but the operations themselves will quite frequently move further away. We have taken a hell of a beating (to use the famous Norwegian football commentator's expression after Norway beat England that time) for suggesting that people should have their operations done further away from home, while at the same time saying that they should have their rehab and their diagnostics done closer to home, but you cannot compromise on the excellence. Q547 Mr Martyn Jones: If you are having an operation done by a particular surgeon and that surgeon is three-and-a-half or four hours away, that is not a good thing, surely, if anything goes wrong post-operatively. Mr Morgan: I do not think that is rehab, is it? Q548 Mr
Martyn Jones: There is this idea that
there is some kind of collective delusion in Mr Morgan: Your definition of rehab is very different from mine. I have to say that. Q549 Mr Martyn Jones: Forget about the definition, First Minister. That was perhaps a throwaway comment. Why is your Health Minister not prepared to come before this Committee and clarify her position? It was her statement of her position. You have come here, and we are very grateful for that, but where is she? Mr Morgan: It is up to this Committee to decide, after you have heard today's session, whether you want to look again. Obviously I come here in the hope ---- Q550 Mr Martyn Jones: As First Minister, will you ensure that she comes before us? Mr Morgan: Let me finish. I have agreed with your Chairman that I will come today to deal with three topics: health, transport, education, in whatever way you choose. I hope that at the end of that session you will not require a further session. If you decide you do need a further session, that is a matter to be looked at then. Q551 Mr Martyn Jones: You know that only Members of this House and her Majesty the Queen are exempt from coming before select committees, First Minister. Even Members of this House come by convention. When a health minister did not want to come before a select committee in 1989 - and she was also called Edwina, strangely enough - she was persuaded to come by her Prime Minister, Margaret Thatcher. Do you have the ability to persuade Edwina Hart to come before this Committee? Mr Morgan: You are asking me now to speculate on an issue in which you are saying, before we have finished the session, that you are not happy with the outcome of the session and you want a further session with another minister. That is up to you to do and you can cross that bridge when you come to it, but I do not think you should do that before we finish the session, otherwise you are applying that my evidence is not up to muster for you. If you do make that decision, we will cross that bridge when we come to it. Chairman: Thank you, Minister. On behalf of the Committee, I can accept the answer you have given, and we can move on Q552 Albert
Owen: I am going to take the evidence and the
responses you have just given. You said
"floated an idea" - so it has been kicked around or whatever terminology you
use - but it was actually a statement by your minister on Mr Morgan: I am saying that the difference between then and now is that people are much more willing to challenge an idea being floated. Q553 Albert
Owen: I respect that. I am challenging you now: is it the policy of
the Welsh Assembly Government for people from Mr Morgan: I have heard all sorts of possibilities. We are about to come to the end of the Steers Review into the future of adult neurosurgery. Is that covering emergency or just elective? Ms Lloyd: All neurosciences. Both. Mr Morgan: That will be coming to an end very shortly. In advance of the completion and publication of that, I am not going to make any definitive statements. I am sorry about that. I just think the timing is wrong. We will supply you with a copy of the Steers Review, but I am not aware of any proposal to change the present pattern. The Steers Review is looking at where the surgeons and the neurologists, as consultant physicians, provide their services. What is the pool of skills and talent that is available, so that, along the broad principle that I have mentioned - that you cannot compromise on excellence - you will provide services which are as excellent as you can get. Q554 Albert Owen: As close to home as possible. Mr Morgan: You will make a compromise on the travel, not on the excellence. That is the key thing for me. Although we as an administration took a hell of a beating over the issue of saying that people should be willing to compromise on the distance they travel and not expect to have every single specialist service provided in their local hospital ---- Q555 Albert Owen: Do you think you are wrong? Mr Morgan: Pardon? Q556 Albert Owen: Do you think those who wanted to give you a beating, the media and Members of the Parliament like myself, were wrong, or was the statement wrong initially to suggest that people from North West Wales ---- Mr Morgan: There was no definitive statement about where operations should be carried out. Q557 Albert
Owen: I could quote it back to you. It says, "within Mr Morgan: No, it did not. Q558 Chairman: I think we have to make some progress. Mr Morgan: I am sorry, you are not
letting me finish what I am saying. I
was saying that the possibilities that were being floated that I heard of
included surgeons from the neurosurgery departments in Q559 Albert Owen: Sure. It says, "Therefore, in the case of adult neurosurgery, the approach that I now intend to adopt is one in which we will look as actively as possible at redirecting additional elective work generated inside Wales to the two centres at Swansea and Cardiff." That is pretty clear. Mr Morgan: The version I heard was that
it could involve surgeons from Q560 Albert Owen: So that statement was incorrect or taken out of context? Mr Morgan: There is no definitive decision ---- Q561 Albert Owen: It is the record. Mr Morgan: -- on removing services from
Walton or removing Q562 Albert
Owen: Sure, but I am quoting from the Assembly
record here. It is what has caused this
argument. You kept making reference to one-thirteenth
of the population of Mr Morgan: Indeed. But not as big as the percentage of Clatterbridge's work that was removed from Clatterbridge when the North Wales Cancer Centre was opened. Q563 Albert Owen: People were still going to Clatterbridge a long time after. Mr Morgan: They may have been, but that was probably 40 per cent of their work. Albert Owen: I am not going to argue figures ---- Chairman: We must progress now. Thank you very much for that. Q564 Mark
Pritchard: First Minster, who sets the health policy in Mr Morgan: The Health Minister would take the lead and then the Cabinet either agrees or does not agree with what she is proposing, and sometimes I am deeply involved myself as well. It will depend on the nature of the decision. Q565 Mark Pritchard: Given the Health Minister's comments on the record which Mr Owen has just read out, is it not clear, and given your response, that there is a divergence of policy between the First Minister herself and the Health Minister? Mr Morgan: I do not think it works like that. I have been trying to say this morning that, given the much higher degree of talent and scrutiny there is now, an idea will be floated and then here will be a strong reaction to it, and then a specialist is brought in from outside with absolutely no previous track record of involvement in Wales, although a strong track record of involvement in the subject - as with James Steers - and will be asked to make a report on what is the best way to deal with the adult neurosurgery service issue in the future. Q566 Mark Pritchard: Forgive me, but do you not feel some sense of embarrassment that you are here before the Welsh Affairs Select Committee, having to give an account of clear contradictions between what the Health Minister has previously said on the record and what you have said previously on the record and, indeed, reiterated today? Mr Morgan: I think that is a misunderstanding of the nature of decision-making. Sometimes an idea is floated, and then, following a reaction to it - and those reactions, as I have said several times this morning, are very different from what they would have been 15 years ago -it is given to somebody to come back with a recommendation, as we expect to have from James Steers, who is Edinburgh-based, fairly soon, over the next couple of weeks. Ms Lloyd: Yes, in the next month. Mr Morgan: It is imminent. Q567 Mark Pritchard: do you accept there is confusion and this confusion, if it is not dealt with, could turn into chaos. Whilst the people of Wales want the Welsh Government to get on and deliver health services as close to home as possible and the highest quality of care possible, that delivery perhaps is going to be stalled while this confusion is going on. Mr Morgan: I did not catch that last bit. I am sorry. Q568 Mark Pritchard: This confusion is not helping the delivery of health services on the ground. Whilst there is this confusion at senior level within the Welsh Government it is not helping Welsh patients. Mr Morgan: I am not aware of any evidence that it has affected the quality of patient care. Q569 Mr David Jones: First Minister, I apologise in advance for the questions I am just about to ask you, but I believe they are important. You have referred to Professor Steers' inquiry. It is the case, is it not, that the Health Commission of Wales, prior to the last Assembly election, issued the report in which it recommended that one or other of the two neurosurgery units in South Wales should be closed?. Mr Morgan: I cannot remember. Do you remember? Ms Lloyd: That is true. Yes. Q570 Mr
David Jones: It is the case. And it is the case, is it not, that Mrs
Edwina Hart was active in campaigning for the retention of the neurosurgery
unit in Mr Morgan: Yes, in her constituency capacity, I am sure she was. Q571 Mr David Jones: Indeed. Mr Morgan: Probably every candidate
standing for every party in the Q572 Mr David Jones: I accept that. She has a constituency interest, does she not? Mr Morgan: When you say constituency interest, in an election, yes, constituency interests are probably slightly wider than your own constituency. Q573 Mr David Jones: I understand that, First Minister. When this policy was announced - and I am bound to say that I agree with Mr Owen: it looks to me very much to me like a statement of policy - on 4 July last year in the Assembly, had she had any discussions with you about a potential conflict of interest? Mr Morgan: I do not think there is a potential conflict of interest. Q574 Mr David Jones: Forgive me, I asked: Did she have any discussions with you about a potential conflict of interest? Mr Morgan: I certainly do not recall one, because I do not think there would have been one to have. Q575 Mark
Pritchard: Earlier on I asked you about whether you have
an aspiration to see more in-Wales health solutions. You did not say yes or no to that question,
yet a few moments ago you mentioned wanting to see more health services delivered
locally, closer to people in Mr Morgan: There is a danger of getting
into a semantic and meaningless discussion about what is the difference between
a policy and an aspiration. I cannot get
into my head what difference it would make if it was a policy or an
aspiration. Decisions come up for
funding, like the PET scanner: Are we going to go for a PET scanner? Who is going to fund it? Can we get a grant? Yes we did, so we go for the PET scanner.
That means that people do not have to travel to Mark Pritchard: I am trying to build to a case here. There is a practical (to use a word we have used many times this morning) point to why, if there is an aspiration or a policy or both to see more healthcare delivered locally, that has major implications for two major health policies of the Westminster Government and the Welsh Government. First of all, on polyclinics, because that will not deliver your aspiration for practical delivery of services more closely to Welsh patients, and, secondly, on the foundation status of payment by results to which you referred earlier. There is a perverse incentive for the Westminster Government to ensure that Foundation Trusts in England in the border counties do extremely well, and that means clearly drawing from Welsh patients as well. Chairman: Please pose your question. Q576 Mark Pritchard: I am getting to the question, Mr Chairman. Thank you for your guidance. Therefore, if we are having more Welsh patients coming into Foundation Trusts in order for those Foundation Trusts to be successful with payment by results, that means that there is no incentive for the Westminster Government to ensure that in-Wales health solutions grow. Would you accept that is the logical consequence and thought process? Mr Morgan: I am afraid I am in danger of having got lost in the question build-up there. We have no aspiration to set up Foundation Hospitals. We have no ambitions or aspirations or policy to set up polyclinics. On the issue of the impact on the formation of Foundation Trusts in England, to be honest I think probably when the Foundation Trusts, through their nature, were on the point of being formed, they wanted to try to maximise income and, therefore, they were under some pressure to ignore the Department of Health guidance about allowing Welsh LHBs just across the border to continue to purchase health care from them on the old basis; that is on the cost and volume basis. Although the guidance said you must allow the Welsh Trust to continue to use the cost and volume basis, they were seeking to ignore that. We do not have that problem now, but we did have that problem in 2005-06, as they were getting ready for payment by results, and in 2006-07 in the first year. I think those have now been solved and the Foundation Trusts and the would-be Foundation Trusts along the English border are now abiding by the DoH guidance - on which, in any case, we are now attempting to reach a new protocol, to prevent any underlying tensions. Q577 Mark
Pritchard: Does it mean, finally, that Welsh patients do
not have choice - which is apparently the watchword of the National Health
Service. They do not have choice. Those living on the border have to go into Mr Morgan: Welsh geography is such that
along the English/Welsh border the substantial market towns, like Q578 Mrs
James: Before we go to the question, First Minister,
I would like to say that we are aware that we are awaiting the Steers Review,
and as the MP where Mr Morgan: I think we have changed
considerably less than in Q579 Mark Williams: I am not wishing to open a whole can of worms, but I just thought I would go back to Mrs Hart's statement, but more the practical manifestation of that. It may be a question for Ms Lloyd. What practical directive, if any, was given to local health boards following Mrs Hart's statement? I have talked to two LHBs and they seem a little unclear, to put it mildly, as to what the follow-on from that statement was, specifically with regard to neurosurgery, though I have to say the generality as well. The Committee has had a copy of a letter from the South Birmingham NHS trust concerning the provision of artificial limbs, asserting that funding is no longer available from the local area - presumably it has been directed to or repatriated to the all-Wales solution - stating that "the matter is entirely beyond and outside our control." It that an LHB response to the ministerial directive or - as the Minister has talked about the pursuit of excellence and we all agree with that - the specifics of individual cases. What have you said to the LHBs following Mrs Hart's statement? Ms Lloyd: The practical implication of
that statement was that we had to start building the case to present to Mr
Speers in terms of exactly what were the flows going through the borders in
order to inform the work that he would have to do. We asked the LHBs, therefore, to be quite
specific about the nature of cases/the case mix that went out through Q580 Alun Michael: You referred to Foundation Hospitals, primarily in relation to financial arrangements across the border. One of the main characteristics of Foundation Trusts is to seek to involve large numbers of the community. Ms Lloyd: That is right. Q581 Alun
Michael: Members of the relevant communities who feed
the hospitals in Mr Morgan: Do you mean on the governance side, in terms of directors? Q582 Alun Michael: No, the whole point of an NHS Trust is that it engages the widest possible engagement from people in the wider community. Therefore, members of the public are admitted ---- Ms Lloyd: To board meetings and monthly meetings and stakeholder meetings. Q583 Alun
Michael: In the wider engagement. It is the most exciting thing about
Foundation Trusts, from which, personally, I would like lessons learned within Mr Morgan: Not necessarily as part of a Foundation Trust model or as something you cannot have unless you have a Foundation Trust model, but a wide level of patient engagement and community engagement is an essential part of an effective health service and is a fundamental part now of the awarding of research contracts. You must show that you have consulted with the patient group involved or families, et cetera. Likewise, our proposal for keeping community health councils and expanding the role of community health councils essentially is part of the same mood music of trying to engage the public to the maximum degree, whether you are talking about the intelligent patient or the families and communities generally. Q584 Alun Michael: You are making a much narrower point. I have strongly supported the retention of community health councils. In this case, the point I am making is that there is a cross-border anomaly. The fact that everybody is being treated in the same way across the patient cohort surely is something as well. Mr Morgan: Could I ask Ann to answer this. Let me pass your question on, in a sort of rugby player sense, to Ann and put it this way: Where there is a pending Foundation Trust application, such as with Gobowen, where probably 40 per cent of the turnover or patients or whatever come from Wales, is the Trust itself then involving the communities and/or patient groups in Wales, and CHCs in Wales for that matter, into this discussion? Q585 Alun Michael: Yes, we have heard that. I just wanted to be sure, because you were talking about the financial cross-border issues, that those issues of engagement with the public are also understood. Mr Morgan: Okay. Ms Lloyd: Yes. Q586 Mr
David Jones: First Minister, would you say the health
service in Mr Morgan: Not guiding principles, no. Q587 Mr
David Jones: Essentially, Welsh patients should be able to
expect to enjoy the same level of service as a patient from Mr Morgan: That is not an issue of
principle. The guiding principles are
the same; that it should, with very few exceptions (dentistry and so forth) be
free at the point of need. Those are the
guiding principles. They are the same in
Q588 Mr
David Jones: A lot of my constituents wonder why they pay
their taxes and national insurance contributions at precisely the same rates as
patients who live in Mr Morgan: That is a matter for Gobowen
to answer, why they would give a lower priority to patients from Q589 Mr
David Jones: The target waiting time, as you know, is
considerably lower if you come from Mr Morgan: You will be aware of the
recent analysis by an independent, very highly respected body, KHCS, the Q590 Mr
David Jones: Ben Bradshaw, the English Junior Health
Minister, came before the Committee recently, pointing out the massive
disparity in waiting lists between Mr Morgan: It is the length of time you
wait and not the number of people on the waiting list that is significant. I am assuming that the median waiting time is
probably the most significant one.
Nobody wants a long tail of the people on the second half of the median;
that is longer than the median. If the
median waiting time is 44 in Ms Lloyd: It is 30%. Ms Lloyd: There is a 30% difference probably. Q591 Mr David Jones: In your opinion, are these cross-border disparities likely to continue, get worse, or get better in the future? Mr Morgan: I would like to think that we
could make up that one day difference in the median waiting time and possibly
overtake Q592 Mr David Jones: Delivering services closer to home, therefore, does not mean that a patient from Queensferry should have to go to Swansea for his brain operation, does it? Mr Morgan: No, or to Q593 Hywel
Williams: You would also agree that health inequalities
predate democratic devolution, not only differences in waiting lists but also
expected lifespan and the sorts of diseases that Welsh people are subject to as
compared to those in Mr Morgan: Well, strangely enough, less
than you would think. If you look at the
demographic statistics for the four constituent parts of the Q594 Hywel Williams: Let me get on to some more practical issues, speaking about cross-border issues. If there are issues to be resolved on cross-border problems, at which level should they be resolved? Should they be between the Department of Health and the Welsh Assembly Government, or between the primary care trusts and the local health boards, or is it horses for courses? Mr Morgan: That is the key issue. Where there are arguments over money, we like
to think that they will be solved between the commissioning LHB, usually in Q595 Hywel Williams: Given the traffic across the border in health terms, should the governance arrangements for NHS bodies on either side include provision for patients and citizens from across the border? I know you have answered the question, to some extent, in response to Alun Michael earlier. Mr Morgan: I did ask Alun whether he was referring to governance, and I think he said no, he was not. He was referring to a kind of stakeholder involvement in policy and so on. Q596 Hywel Williams: Not formal governance. Mr Morgan: Not formal governance, not in the terms of a non-executive directors, et cetera. Ann I do not know if you have any observations on that. We are not involving governance, so far as I am aware. Ms Lloyd: No, but we have not, but we do use their quality standards and outcome data to assure the local health boards undertaking their governance by their boards that there is no major divergence. We use the data rather than putting people on their boards. Q597 Alun
Michael: First Minister, in response to Mr David Jones you
made a remark regarding the waiting times at Gobowen, in particular. You said that is an administrative issue for
the Trust itself. Are you suggesting
there - and we have had some evidence in our inquiry from Trusts within Mr Morgan: Yes. Q598 Albert Owen: That is purely down to them and the way they administer it. For example, the Boughton Centre serve 20% of the patients but get 60% of their funding from Wales - and I would say Wales get a good deal there - but with regards to the Robert Jones & Angus Hunt Trust, they get fewer patients as a percentage than funding. Are Welsh patients getting a bad deal from Gobowen? Mr Morgan: If Gobowen seeks to bring pressure to bear on the LHBs from Wales who have commissioned services to it, by making it clear to patients from Wales, "Your LHB is not paying us enough money compared with what we get from England," we would say that is clinically a very improper thing to do. Some people say that did happen; some people say it did not. I do not know, but it was part of that difficult period in 2005-06 when the new payment by results was coming in, and the Department of Health issued guidance to Gobowen, Chester, Shrewsbury, and Hereford that you have got to allow the Welsh to continue to pay not on payment by results but on cost and volume (the old system). They were not abiding by that guidance from the Department of Health, because they kept moaning and saying, "Yes, you should be giving us this extra money" or "It's going to mess up our application for Foundation Trust status" or whatever. Maybe some of the patients, quite wrongly, were brought into that process and they should have been left out of it completely by the clinicians or by any of the admin managers as well. Q599 Albert Owen: I think it was more administrators who were saying this rather than clinicians. They said they were seen regardless of where they were situated. Do you think that is resolved now? Mr Morgan: 2008-09, we have no current disputes, but because of the underlying tensions there is this very rapid fire series of meetings and exchanges of letters going on right now - and we hope we will be able to report back to you on, we hope, a successful outcome - of trying to get a much firmer memorandum of understanding, so that any further changes that happen in England are not going to cause any rumbles and tensions or any of the kind of rows you are talking about now in the future. In 2008-09: so far, so good, no problems. Chairman: Perhaps we could move on to higher education issues. Q600 Albert
Owen: Higher education issues are probably less
contentious, but some of the questions I have here might not be so. How does the Welsh Assembly Government ensure,
when talking about cross-border impacts with the Department of Innovation,
Universities and Skills, that at an early stage your policy is reflected on Mr Morgan: Student finance has been
quite a vexed political issue in the last five years and may become so again
with this review, which is going to start before the end of 2009, into whether
the cap is going to be lifted above the present £3,000 in Q601 Albert Owen: I did not want top-up fees either but they are there now. Some of the Vice-Chancellors are suggesting that it could hamper them in the future with regard to funding. How would you resolve that? Would you work with the English Department of Innovation, Universities and Skills at an early stage to try to resolve these issues? 2009 is fast approaching. Mr Morgan: We have asked quit recently when
this review is going to start. If it
starts on Q602 Albert
Owen: The Assembly Government has a science
policy for Mr Morgan: Historically it never has
been no. It has been very sad the way
that has evolved. We are trying to put
it right. It is not really a cross-border
service in the way this Committee has defined it, but it is a cross-border
issue that has arisen recently, that, in the drive in England, which is very
understandable, to reduce the number of quangos, sometimes they have merged a
UK quango, like the Medical Research Council, with an England-only quango, such
as the research agency of the National Health Service in England. We now have one quango with two functions,
one of which is Q603 Albert Owen: When you were developing your strategy for science, on what formula were you basing it? How much research and develop money, for example, were you getting and have you put the case for more? Mr Morgan: Indeed. That is how we got the PET scanner. That was
funded through the Office of Science and Technology. That was Q604 Albert Owen: Do you see it improving in the future? Mr Morgan: Yes, but the merging of a Q605 Albert
Owen: Are their bilateral talks on this now between your
ministers and ministers in Mr Morgan: On science? Q606 Albert Owen: On the science funding. Mr Morgan: Yes, but usually it is done by lobbying the research councils or the MRC or the new Technology Strategy Board for the near market-research and our science advisers group. We have had a meeting with Iain Gray, the new Head of the Technology Strategy Board already, and we hope to have a meeting soon with Sir Leszek Borysiewicz, the Chief Executive of the MRC - who, fortunately, although you might be misled by his name, is as Welsh as they come. Q607 Mark
Williams: I would like to follow up on the mechanisms
available to you to influence the cross-border education debate. I very much agreed with what you said about
Aberystwyth, in particular, having to rely on students from Mr Morgan: We have not sought to put it
out to the Joint Ministerial Committee.
It is an interesting point as to whether we should, but that would
really only arise if there was interest in Q608 Mark Williams: That would be welcome news in mid-Wales, as well as elsewhere. Cross-border issues now in relation to further education colleges being able to award foundation degrees. Is that an issue of concern? Does the Welsh Assembly Government have any intention to address the issue? Mr Morgan: The Scottish percentage of
foundation degrees done by further education colleges is extraordinarily high. About 30% of all of their degrees are done in
further education colleges. We know the
Scottish system is different: they leave school at 17 not 18 or they do not
have an A-level then, but, even so, that is a remarkable difference. We are much the lowest. Q609 Mark Williams: Would you welcome that? We had the discussion in light of the Further Education and Training Act of last year. Is that something the Welsh Assembly Government would be pushing for? Mr Morgan: We have just had the Webb Review. We are digesting the consequences of the Webb Review. The Webb Review has recommended that we merge certain FE colleges because they are too small. We have tried to cover some of the FE deserts - and I am not going to specify where they - where there is not enough FE provision. We have tried to encourage back-office mergers - not mergers of the college but mergers of the financial function. I was pleased, when I was up in Yale recently, to hear that Yale and Deeside are trying to start talks on merging their back offices, which is brilliant. The Webb Review has injected a big reform agenda in the FE world. I am not sure we are ready yet to say, "Okay, we've digested everything from Webb, now you move ahead," but it is possible that the big, viable, very solidly rated by Estyn FE colleges, like the three in North-East Wales plus Pembrokeshire, could move ahead tomorrow almost if they wanted to. Q610 Mark
Williams: It is a highly competitive market,
particularly in Mr Morgan: Yes. That is not what it is driving it,
though. It is whether you get 10
straight As from Estyn. If Yale gets 10
straight As from Estyn, you know that they could well do foundation degrees
without breaking sweat. That is
basically it. It is not competition from
Q611 Mark
Williams: You have mentioned the Webb Review. On capital funding in Mr Morgan: It is a variable picture
throughout Q612 Mr
David Jones: Turning to transport, what are your views on
the proposal in the Local Transport Bill to abolish the Transport Commissioner
for Mr Morgan: Perhaps I could turn to Tony Parker. It is a matter which is a plain and simple Department for Transport responsibility, as I understand it, but do we have a right of consultation on it? Mr Parker: I am not aware that we have been consulted on it. Q613 Mr David Jones: You have not been consulted at all? Mr Morgan: I am only aware of it as a political issue, not a consultation issue. Mr David Jones: I think that answers the question, Chairman. Q614 Mrs
James: There is currently a process for the regional
transport plans and national road and rail transport plans to fit together and
into the Wales Transport Strategy . What
procedures are there to ensure that Welsh plans and the regional/local transport
plans (in Mr Morgan: They do not. It is a big problem. The A483 south of Wrexham towards Q615 Mrs
James: But it has been identified as the main route
between South and Mr Morgan: It is, yes. Absolutely. It is a key North-Wales/South-Wales route. It is an important freight road, probably more important, than the A470 - although David may not agree with that. That is a big problem. The east-west route, the Welshpool to Buttington Cross route, has also been dropped, and we have a problem where you cross the river. We have tried to find a way of doing our bit and then terminating at the river or across the river. Tony, you might want to say a bit more about that. Mr Parker: Both these schemes were
classified as being of regional importance only by the Highways
Agency/Department for Transport, so they were consigned to the regional funding
allocation process which was administered by the regional assemblies. The Buttington scheme, which is the link
between Welshpool and Mr Morgan: This does relate back to
health to some degree. If, for instance,
the Q616 Mrs James: Another quirky cross-border issue that has been raised with me in my constituency is how we can integrate the concessionary free travel provision. Already some of my pensioners have picked up on the fact that, despite what has been said publicly, they will not be able to use their passes cross-border when English passes come in. Mr Morgan: The key difference between
the English pass and the Welsh pass is that the English path is confined to
non-peak hours and the Welsh pass is for any time of day, et cetera. English local authorities and Welsh local
authorities are simply funding the lost income to the bus operators, are supposed
to be reasonable and practical and not be too fussy about cross-border flows:
in and out of Mr Parker: There are one or two other
things that are different. Within the
Welsh scheme, that is funded on the basis of actual usage; that is, journeys
made. In Q617 Mrs
James: Because of the system we are using in Mr Morgan: Tony, is Mr Parker: There is an accommodation under the Welsh scheme whereby, if people have a natural centre where essential services are across the border, which is nearby, we give the discretion to the local authority, through which this is funded, to allow those journeys to be made and to be funded under the concessionary fares scheme. Mr Morgan: But does Bristol Zoo count as a natural destination? Ms Lloyd: I think we are talking about post office services and the like - so slightly more essential services than that. Mr Morgan: It sounds to me like a try on, Siān. Mrs James: I think so, but they like to go. Q618 Mr
David Jones: I have a supplementary issue going back to the
cross-border road building issue. From a
Welsh perspective, I have been very concerned that we may have a missed
opportunity under the Planning Bill which is going through the House at the
moment, which, as you know, provides for the establishment of an Infrastructure
Planning Commission which would have overall responsibility for major national
infrastructure, including roads.
However, in respect of road building, policies of national significance
are deemed to include roads within Mr Morgan: This is not an Act of Parliament yet, so I would hesitate to get too much involved with something which is subject to amendment possibly in its final stages. Q619 Mr David Jones: If I could interrupt you, First Minister, I happen to be involved from a frontbencher position, where I did raise this issue with the responsible minister. Mr Morgan: I was going to say that we
have been heavily involved, where relevant, on the IPC concept, but obviously
we are not the body responsible. That is
clearly in Mr Parker: There is a provision for consultation with Welsh ministers on issues that cross the border. Certainly on rail matters. Q620 Mr David Jones: I can understand that but the new streamlined procedures will not apply to cross-border routes. What worries me, as someone who has to commute quite frequently down all the routes that the First Minister has mentioned, is that the prospect of getting that upgrading quickly is probably receding as a result of the new procedure not applying to these cross-border roads. Mr Morgan: Would the A5117 be big enough to qualify to be IPC? Q621 Mr David Jones: It joins a motorway and the A55 expressway. Mr Morgan: All right. I am only guessing, but my impression is that they want to confine the IPCs' throw to the big strategic issues: nuclear power stations; strategic level ports, not small ports; strategic level, airports, not small airports. They keep emphasising that. Q622 Mr David Jones: And major roads? Mr Morgan: What is a major road? That is the issue really, is it not? Q623 Mr David Jones: I do not want to take up too much time on this, as I am conscious that we have been here a long time already, but it seems to me that from a Welsh perspective we are missing a huge opportunity by not becoming involved in that process so far as cross-border routes are concerned. Mr Morgan: If it is a big enough road
project to qualify for IPC treatment, it would then be in a national
policy statement of the Assembly if it is a road that is all in Chairman: Perhaps you could take that back to the Assembly. Q624 Mr
Martyn Jones: You are aware, of course, that one of the
fastest growing areas in travel terms is the Deeside hub: Wrexham, Mr Morgan: Indeed. Q625 Mr
Martyn Jones: That is creating a problem. A lot of people are commuting into west Mr Morgan: Absolutely. I think there is a very extensive commute
both ways. Airbus is the manufacturing plant which is the jewel in the crown of
the manufacturing industry in Q626 Mr Martyn Jones: Are there any proposals to alleviate the problems for the commuters? Mr Morgan: We lost a recent public inquiry,
did we not, on one particular element of improved communication? The last time there was joint co-operation on
a real project was over the Woodbank junction, but that worked okay. It was in Mr Parker: That is a project that was jointly funded - a fairly modest contribution from our side of the border, but it did work. In terms of the inquiry that we have not made the draft orders on, inevitably that will give us pause for thought. Inevitably we will be looking at which options we need to look at in the light of the findings and recommendations of the inspector. That will include an appreciation of how much of the burden of cross-border movements can be taken by public transport, in addition to possibly a scaled-down version of the road scheme, which was really the bone of contention at the public inquiry. Q627 Mr
Martyn Jones: You mentioned public transport. Of course, one of the problems is that the
railway link between Wrexham and Bidston (in Merseyside) and Mr Morgan: I think we and Network Rail
are jointly funding a study into the potential electrification of the
Wrexham-Bidston line currently. Let us wait
until the outcome of that scheme. I have
been on it a few times myself: it stops at an awful lot of stations, it does
not make very quick progress, it has to be said, and it finishes up in Bidston
and not in Q628 Mr David Jones: Getting back to electrification, First Minister, that appears to me to have been put on the backburner as a result of your coalition with Plaid Cymru. Is that a fair comment? Mr Morgan: Electrification of the network Bidston to Wrexham? Q629 Mr David Jones: Yes. Mr Morgan: No, not at all. I cannot remember when the decision was made, but I think it was subsequent to the formation of the coalition. The decision was made to jointly fund the feasibility study with Network Rail, was not? Mr Parker: Yes. Q630 Albert
Owen: I think the priority of that has slipped, to
be absolutely frank. I am worried that
investment in railways in Mr Morgan: The big cross-border routes
are not our franchises. The Virgin
franchise to Euston and the FGW franchise from Q631 Albert Owen: Do you have input into that as the consultee? Mr Morgan: Not as much as we would
like. The invitation to tender came in
just before the new Railways Act came in - which would have given us a right to
be consulted. For instance, when Virgin
decided quite abruptly to abandon the early morning discount, which produced
this colossal increase from £60 to £220 to travel from Q632 Albert
Owen: I do find that Arriva trains are leaving about
two minutes before a Mr Morgan: I hate to use the expression "pilot
phase" about an aircraft service, but it is a pilot phase. It is a three-year pilot. The first year has gone exceptionally well,
and better than people had expected. I
think the size of the aircraft and the level of fares was pitched about
right. It has proved to that Valley is
viable as a civilian airport. Alongside
all the amazing things that are happening there on the military side, it is all
good news for Valley at the moment, but then whether we should already be
leaping ahead to run other services from there to Q633 Albert Owen: Is there a development programme for that to happen now? The fear is that the subsidies is stopped and then it is not as attractive for other airlines to come in. Mr Morgan: I certainly hope not. The pilot phase is there to prove the
viability of the place, Valley. In a
way, it is not central to Q634 Albert
Owen: The other part of my question - and I am
trying not to be too parochial - is the issue of linking Mr Morgan: We have proposals to continue
to subsidise certain routes. We cannot
subsidise through the Route Development Fund, which helps to subsidise the
Valley service. We are using that to
subsidise services to Q635 Albert Owen: And reducing road surface journeys between North and South. Mr Morgan: Absolutely. Q636 Chairman:
I
would like to end with one final question to Mr Drakeford. As a special adviser to the First Minister,
are you engaged in raising awareness within the Cabinet on UK-wide issues? It occurs to me that on issues such as
research councils and the NHS Constitution which the Prime Minister is going to
be announcing at some stage, there is the potential for an input from Mr Drakeford: Thank you, Chairman. I think special advisers can provide an early warning system in which ideas that are at a development stage in Whitehall or, indeed, in Wales can be communicated across the border where there is going to be an interest on either side. For the First Minister's Office, I tend to be more engaged with those cross-border issues that also cut across portfolios. Some of the ideas you have just mentioned will be of interest, not simply to an individual minister at the Welsh Assembly Government, but will need a more collective, cross-border portfolio type of response. Through the First Minister's Office, I am able, I hope, to provide that sort of contact at a preparatory stage in policy thinking and then, where necessary, to try to make sure that the range of Welsh Assembly Government ministers who are likely to have an interest in that topic get a chance, early on, to take advice from their policy officials, to develop their thinking, so that as much as possible we are able to have not just a last-minute alerting system, in which you are aware of what is going on, but a bit of cross-fertilisation in which ideas can be fed in more at a formative stage of policy. Mr Morgan: My Private Secretary and me would try to set out which decisions involved me speaking to Gordon Brown, me speaking to Alistair Darling, me speaking to Paul Murphy. Or is it Edwina Hart speaking to Ben Bradshaw or to Alan Johnson, or is it Ann Lloyd speaking to Nigel Crisp or Sir Leszek, or is it, as quite often to start with, using the back channel of the special adviser to the special advisers, in order to see what to what extent this apparent conflict is in fact just a misunderstanding that can be dealt with by the special advisers? Chairman: This has been, to quote Raymond Williams, "a journey of hope". Today has been a long journey. Could I thank you for your evidence today. I have almost forgotten what was said at the beginning, but I do remember two words that were mentioned by you: "pragmatic" and "practical", and we will go away and reflect on those very important words. We look forward to receiving further evidence. We are one-third of the way through this particular journey. We will be taking further evidence on health and we will be moving swiftly into education and transport in the autumn. We do look forward to receiving evidence from all three ministers with their respective portfolios. Thank you very much. |
