Results 121–140 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: I cannot give way because I just need to answer that point; then I will come back to my right hon. Friend. I am extremely grateful for that clear statement of intent from the hon. Member for Eltham, which is what I expected.

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: No doubt he will make that clear in his remarks on the amendments and clause stand part, but I have had no indication about it. I want to consider whether the NHS meets the criteria from the Altmark case. First, a clear definition of the public services to be discharged is needed, and that brings up the question of what an entrustment is. I told the Committee it would need to get on top 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 is correct, and I would hope that those who are not allowed to be here at all would, at the very least, be charged for services they accepted under the national health service.

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 right hon. Friend, who knows so much more about this than me, as the Minister who took the Health and Social Care Bill through the House. I hope that what he says means that the national health service will be able to recover the costs of giving health care to those who are not entitled to it. The national health service is an excellent thing.

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 glad the issue will be dealt with. I said everyone was pretty clear about what the national health service was, but I want to exclude the hon. Member for Eltham from that. That is because he got a bit carried away during his barnstorming Second Reading speech. At one stage, he said: “To defend the NHS, one has to believe in the founding values that led to its creation. Our NHS treats...

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: That is an interesting and important question. I have been a bit flippant from time to time during the course of these few short remarks and I do not know the answer. I hope that at some stage of the discussion, someone will be able to answer that question.

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 hon. Friend is right. If he is right in his assessment of what could happen, the safest thing for us to do is to accept the amendment and leave out the two paragraphs. The national judges in the Altmark case asked the Court to decide whether compensation received by Altmark for providing these transport services contained illegal state aid under articles 73 or 87 of the European Community...

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: That is an interesting and important question. I have been a bit flippant from time to time during the course of these few short remarks and I do not know the answer. I hope that at some stage of the discussion, someone will be able to answer that question.

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 hon. Friend is right. If he is right in his assessment of what could happen, the safest thing for us to do is to accept the amendment and leave out the two paragraphs. The national judges in the Altmark case asked the Court to decide whether compensation received by Altmark for providing these transport services contained illegal state aid under articles 73 or 87 of the European Community...

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 wife would not thank me or my hon. Friend for such a suggestion. I certainly think it is necessary at this point, given what my hon. Friend has said about getting counsel’s opinion, to interject a completely different issue. It has become clear that the insertion of these phrases into our statutes in the way proposed by the hon. Member for Eltham is ambitious. I shall come on to the...

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: There are two points arising from that helpful intervention. First, I did not criticise the hon. Member for Eltham for being ambitious. I am proud of Members of Parliament who come to this place with a high degree of ambition. He is doing his job very effectively. “Ambitious” is not a dirty word for me; I think he is doing quite the right thing. I want to come back to the second point...

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. I was saying that a private Member’s Bill is not an appropriate vehicle for such an ambitious undertaking as we have here. If we pass this clause, we are introducing a series of concepts without the possibility of taking oral evidence, without counsel’s opinion—as my hon. Friend the Member for North East Somerset proposes—without any idea of precisely what would happen if we...

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: Again, my right hon. Friend has clearly been reading my speech. One would think that this case was no longer relevant, because of those developments in law, but for the fact that in the third answer that Dr Rydelski mentions in his book, the European Court of Justice reverted to the ADBHU case of 1984 and said that the second answer was wrong. My right hon. Friend anticipated the second...

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 wife would not thank me or my hon. Friend for such a suggestion. I certainly think it is necessary at this point, given what my hon. Friend has said about getting counsel’s opinion, to interject a completely different issue. It has become clear that the insertion of these phrases into our statutes in the way proposed by the hon. Member for Eltham is ambitious. I shall come on to the...

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: There are two points arising from that helpful intervention. First, I did not criticise the hon. Member for Eltham for being ambitious. I am proud of Members of Parliament who come to this place with a high degree of ambition. He is doing his job very effectively. “Ambitious” is not a dirty word for me; I think he is doing quite the right thing. I want to come back to the second point...

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. I was saying that a private Member’s Bill is not an appropriate vehicle for such an ambitious undertaking as we have here. If we pass this clause, we are introducing a series of concepts without the possibility of taking oral evidence, without counsel’s opinion—as my hon. Friend the Member for North East Somerset proposes—without any idea of precisely what would happen if we...

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: Again, my right hon. Friend has clearly been reading my speech. One would think that this case was no longer relevant, because of those developments in law, but for the fact that in the third answer that Dr Rydelski mentions in his book, the European Court of Justice reverted to the ADBHU case of 1984 and said that the second answer was wrong. My right hon. Friend anticipated the second...

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. The Minister knows, as I hope I have said enough times, a great deal more about this than I do—that would not be difficult. I hope that he will cover that point in his own speech, because it is of extreme importance in whether we agree that the clause should stand part of the Bill. In this definition patch of the working document the authors go on to define a social service 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: Oh dear, my hon. Friend once again plumbs the depths of my knowledge, or my ignorance. I hope that the Minister will be able to explain this to the Committee better than I can. What we are doing in clause 1 is asserting that the national health service is a social service of general interest, which is economic in nature. The question is, can that really be true? The next question is, can we...

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: That is indeed useful to know, Mr Bone, because it means that we can perhaps range a bit wider and discuss not merely the amendments that are before the Committee at the moment. Paragraph 2.5 of the OFT paper states: “When assessing whether the provision of state services is economic in nature or relates to non-economic administrative or social functions, the OFT will, while taking into...


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