Results 81–100 of 2218 for speaker:Lord Arbuthnot of Edrom

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My problem is that they are general and vague concepts which, according to Professor Hervey, need to be introduced into the acquis communautaire. I do not think that they can properly translate into English legislation for the very reason that my hon. Friend hints at, namely that it is hard to work out precisely what they mean. I will give an example. Let us suppose that the Secretary of...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My right hon. Friend might want to table that, and it might solve some problems, but I hope—I may fail—I shall persuade him that the better course would be to omit the two subsections. Advocate-General Fennelly says that “the existence of systems of social provision established by Member States on the basis of the principle of solidarity does not constitute, as such, an economic...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My suspicion is that the aim is to strengthen the single market, but to allow sufficient flexibility within that market for operations such as the national health service to operate within the European Union. I have not considered that in the depth that I would have liked to have done in order to give a good answer to my hon. Friend. Perhaps that is something that some of my hon. and right...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My right hon. Friend speaks with fervour, passion and experience. He and I have been in the House of Commons for exactly the same length of time. I understand that I signed the book just a moment or two before him, but he need not worry about being Father of the House because I shall be leaving the House at this election. He is absolutely right. We will not privatise the national health...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My problem is that they are general and vague concepts which, according to Professor Hervey, need to be introduced into the acquis communautaire. I do not think that they can properly translate into English legislation for the very reason that my hon. Friend hints at, namely that it is hard to work out precisely what they mean. I will give an example. Let us suppose that the Secretary of...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My understanding is that it does apply to the NHS, and that the criteria are very important to the way—

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: The hon. Gentleman and I are getting on so well—at least, I am getting on well with him—but I do not think that he is right about that. Dr Poulter rose—

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: I am grateful to my hon. Friend. That also relates to the point made by my hon. Friend the Member for North East Somerset about whether this is an economic issue. I am relieved to hear that I may be on the right track.

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Indeed it could. I will come to something else that relates to directive 2004/18/EC, that is also relevant, and that I hope will dispel the uncertainty that the hon. Member for Eltham might have caused in the minds of some Committee members. Before I do, however, I will discuss the fourth criterion. I still feel wounded by the charge of filibustering.

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Although my hon. Friend the Member for North East Somerset and my right hon. Friend the Member for Chelmsford have both done so, I will also do so in just a moment, but first I want to get on to the fourth criterion under the Altmark case. I shall not be too long on this. The person or body intended to carry  out the obligations should be chosen by a public procurement procedure. My...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Who am I to second-guess the rulings on this issue of huge complication, when the people who wrote the articles that I have referred to say that the matter is unclear, and when chapter 8 of the document referred to in the Library’s briefing says that it is uncertain? I do not know whether this will lead to changes in European Community law. I might have to look into that in the next few...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Oh yes I have, because I did not refer to social solidarity in the context of European Union law and say why it affects European Union law. An article has been written by Professor Hervey, now the Jean Monnet professor of European Union law at the university of Sheffield school of law. When she was at the university of Nottingham, she wrote an article entitled “‘Social Solidarity’: a...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: My understanding is that it does apply to the NHS, and that the criteria are very important to the way—

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: The hon. Gentleman and I are getting on so well—at least, I am getting on well with him—but I do not think that he is right about that. Dr Poulter rose—

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: I am grateful to my hon. Friend. That also relates to the point made by my hon. Friend the Member for North East Somerset about whether this is an economic issue. I am relieved to hear that I may be on the right track.

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Indeed it could. I will come to something else that relates to directive 2004/18/EC, that is also relevant, and that I hope will dispel the uncertainty that the hon. Member for Eltham might have caused in the minds of some Committee members. Before I do, however, I will discuss the fourth criterion. I still feel wounded by the charge of filibustering.

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Although my hon. Friend the Member for North East Somerset and my right hon. Friend the Member for Chelmsford have both done so, I will also do so in just a moment, but first I want to get on to the fourth criterion under the Altmark case. I shall not be too long on this. The person or body intended to carry  out the obligations should be chosen by a public procurement procedure. My...

Public Bill Committee: National Health Service (Amended Duties and Powers) Bill: Clause 1 - Duty on the Secretary of State to promote comprehensive health service based on social solidarity (24 Feb 2015)

James Arbuthnot: Who am I to second-guess the rulings on this issue of huge complication, when the people who wrote the articles that I have referred to say that the matter is unclear, and when chapter 8 of the document referred to in the Library’s briefing says that it is uncertain? I do not know whether this will lead to changes in European Community law. I might have to look into that in the next few...


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