Agenda item

Mr Greg Hartley-Brewer will address the Panel with his statement on NHS Dentistry..

The Chairman invited Barbara Gordon (from ’38 Degrees Bath' group) to read out her statement on the changes to the NHS.

Barbara Gordon read out the statement in which she highlighted group's concerns on lack of consultation related to the formation of the B&NES Clinical Commissioning Group.  Barbara Gordon also said that the draft CCG Constitution became available only a week ago.  The national '38 Degrees' group commissioned lawyers to draft clauses that can legally be included in the Constitutions of CCG's.  Some local group members, along with a barrister, met with Dr Orpen to consider amending the draft Constitution.  Dr Orpen refused to include those amendments.  There is now online petition to the B&NES CCG, with more than 600 signatures, asking for those clauses to be included in the Constitution.

Barbara Gordon asked the Panel to recommend to Dr Orpen to reconsider his decision and include those amendments.

A full copy of the statement is available on the Minute Book in Democratic Services.

The Chairman thanked Barbara Gordon.  The Chairman said that there is no statutory requirement for the CCG to consult with the public.  Nevertheless, the CCG consulted the public on few events that they organised across the area.  The Health and Wellbeing Board agreed the Plan at their meeting on 19th September 2012.  Without the appropriate evidence, for the closure of this plan, it has become evident that representations of this kind are seemingly too late.  The Chairman said that there is little that the panel can do at this stage.

Councillor Eleanor Jackson asked if Dr Orpen could give reasons for rejecting these clauses.  Councillor Jackson declared interest at this point as a member of ‘38 Degrees Bath' group.

Dr Orpen said that he is happy to reply but that he feels that he would not be able to draw a line to this issue given the approach adopted by '38 Degrees'.  The background to this is that '38 Degrees' presented their views to the CCG and there was a lot of discussion with their representative on proposed clauses.  The '38 Degrees' advice was based on 'BMA fairness charter' which was prepared by BMA Law.  Dr Orpen said that he is a member of BMA (British Medical Association) and the BMA have a view on the NHS reforms and they, by the nature of the Union, have a political view on this matter.  The BMA has many concerns, which are shared with the CCG, regarding the Constitution and particularly concerns about procurement.  The CCG took an independent legal advice and advice from the experts in this field who considered current NHS guidance on procurement rules.  Dr Orpen said that he absolutely understands and recognised the value of the contribution that '38 Degrees' are making.  However, the advice that the CCG were given is not to tie too much its Constitution into context that is different from the guidance at this stage.  The CCG is absolutely committed to care for its patients.  Dr Orpen also said that he was not given a warning from the '38 Degrees' that they will bring their barrister at the last meeting.  Dr Orpen again recognised the contribution and value that '38 Degrees' brought.

Councillor Katie Hall thanked everyone for their comments and suggested that '38 Degrees' be included in the electronic circulation list for the Wellbeing PDS Panel, Health and Wellbeing Board and also future CCG Board meetings.

Diana Hall Hall said that the CCG have included LINk in the consultation and that the CCG addressed the public on several occasions.

The Chairman thanked everyone who participated in this debate.  The Chairman said that the Panel took on board concerns raised by the '38 Degrees' but that they will not take any further action.