International trade agreements: public health services

Part of Trade Bill – in a Public Bill Committee at 4:15 pm on 25th June 2020.

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“(1) A Minister of the Crown may not lay a copy of an international trade agreement before Parliament under section 20(1) of the Constitutional Reform and Governance Act 2010 if any provision of the agreement—

(a) would have the effect of, or could reasonably be expected to have the effect of, altering the way in which a service is provided by a specified body,

(b) would open part or all of a specified body to market access but without any accompanying provision for the UK Government to reduce the level of market access in future,

(c) would have the effect of, or could reasonably be expected to have the effect of, opening any part of a specified body to foreign investment,

(d) does not specify sectors or subsectors of a specified body to which the agreement would enable market access,

(e) includes investor-state dispute settlement mechanisms in relation to a specified body, or

(f) includes changes to mechanisms for the pricing of medical or pharmaceutical products for purchase by a specified body.

(2) The specified bodies, for the purpose of subsection (1), are—

(a) NHS England,

(b) NHS Wales,

(c) a health board in Scotland, a special health board in Scotland or the Common Services Agency established by section 10 of the National Health Service (Scotland) Act 1978, and

(d) HSCNI.

(3) In subsection (1), ‘international trade agreement’ has the meaning given in section 2 of this Act.”—

This new clause would ensure that HMG has a duty to restrict market access to healthcare services, including medicines and medical devices.