Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity

Part of National Health Service (Amended Duties and Powers) Bill – in a Public Bill Committee at 11:15 am on 10 February 2015.

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Photo of Jacob Rees-Mogg Jacob Rees-Mogg Conservative, North East Somerset 11:15, 10 February 2015

I am grateful to my right hon. Friend for his point, and I am fascinated by the fact that his wife is a judge. This really does come to the heart of the matter that we, in this Committee, are looking at in microcosm. Who should make our laws? Should it be my right hon. Friend or should it be his learned wife? It is my view that he should make the laws and his learned wife should then interpret them. I hope that that is how the Arbuthnot family operates. That seems to me to be a very good model for family life, because it ensures that one’s wife has the ultimate authority. I think that is probably true for most of the gentlemen in this House, if not necessarily for the ladies, obviously.

On my right hon. Friend’s point about removing the word “social”, we would then just have “solidarity”. It would be based on solidarity. This was, of course, the name of the trade union in Poland, I seem to remember. It was one of the very few trade unions of which I have been an admirer, because it was in favour of freedom rather than obstructionism. If one just said “a health service based on solidarity”, what it meant would be very unclear—just as unclear as “social solidarity”. What is solidarity? What are we trying to get at in saying that? Surely it is obvious that if a health service is  free at the point of use—which the Conservatives are deeply committed to and have been for a very long time—surely it will treat everybody fairly. That is the whole point of it: everybody has an equal right to use it.

My amendment would replace “social solidarity” where it occurs throughout the Bill with the term “medical necessity”, because I like precision and facts. No doubt the Committee will remember the great Ronald Reagan giving a speech at the Republican convention in which he said, “Facts are stubborn things”. Facts are stubborn things, and they are justiciable and understandable and interpretable, whereas spin is not. I take my right hon. Friend’s suggestion that the term “social solidarity” should be changed to merely “solidarity”, but I reject it because it does not actually tell us anything. It sounds very nice; it sounds good and kind and cuddly, but to use a time-honoured phrase, it butters no parsnips. I am very keen that when we legislate, as far as possible parsnips should be buttered, rather than simply having fine words.

Looking again at social solidarity and how we are trying to get there and how unsuited it is to legislation, in October of this great year of anniversaries we have the 600th anniversary of our great victory at Agincourt. There we see social solidarity in those words of Henry V about those who were not there, who were “a-bed”, who “shall think themselves accursed” not to have been at Agincourt on St Crispin’s day. That is social solidarity. That is something created by people following a common enterprise. That is a band of brothers coalescing to ensure that what they are trying to do is in the interests of the nation and pushing forward to ensure that the best interests of the people are served.

However, after Agincourt—or probably before from Crécy onwards—legislation was on the statute book saying that there must be archery practice at very regular occasions subject to penalties, in order to create the social solidarity that the hon. Member for Eltham wishes to put in his Bill. It consistently failed to work. Without that great feeling of common enterprise, legislation could not enforce that which was not in the hearts of the people. The hearts of the people already support the national health service and therefore to say that it needs to be on the basis of social solidarity seems to me otiose, but also bad law. Think on our friends of Agincourt and their great enterprise.