- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 17 November 2004
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Current Status:
Answered by Andy Kerr on 30 November 2004
To ask the Scottish Executive whether the National Health Service (General Medical Services) (Scotland) Regulations 1995 or the current rules and regulations on the appointment of a GP were applied in the composition and voting procedures for the area medical committee that appointed Dr Gilchrist to fill the single GP vacancy at the Rowallan Medical Centre in Blantyre and whether it is satisfied that the voting procedures adopted at the relevant meeting of the Lanarkshire Area Medical Committee were legally competent.
Answer
The method by which doctors are selected for appointment as a GP is a matter for each NHS board. In the case of Dr Gilchrist applications were considered in January and August 2004 in terms of the NHS (General Medical Services) (Scotland) Regulations 1995. Those regulations placed a requirement on a NHS board to select a candidate when more than one application is received from registered medical practitioners but did not specify how that is to be done. The Area Medical Committee did not make the selections. The approach adopted by Lanarkshire NHS board was to delegate responsibility for general medical services to the Lanarkshire Primary Care Medical Committee which comprised representatives of the board, the Area Medical Committee, representing the profession, and others.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 17 November 2004
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Current Status:
Answered by Andy Kerr on 30 November 2004
To ask the Scottish Executive what rules govern the composition of area medical committees and what approval is required from the Executive for the composition of such committees.
Answer
The composition of area medical committees is governed by Section 9 of the National Health Service (Scotland) Act 1978. Under this section, a NHS boardis obliged to recognise a committee as the area medical committee if it is satisfied that such a committee is representative of the medical practitioners within the board area. No approval is required from the Executive for the composition of area medical committees.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 17 November 2004
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Current Status:
Answered by Andy Kerr on 30 November 2004
To ask the Scottish Executive whether the National Health Service (General Medical Services) (Scotland) Regulations 1995 allow for a single GP practice vacancy to be filled by a multi-practice vacancy at the time of appointment.
Answer
Yes. It is a matter for the individual GP, either newly appointed or otherwise, whether to practise single-handed or with other GPs.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 17 November 2004
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Current Status:
Answered by Andy Kerr on 30 November 2004
To ask the Scottish Executive whether it will make a copy of the contract between Dr Gilchrist and NHS Lanarkshire in respect of the single GP practice at the Rowallan Medical Centre in Blantyre available in the Scottish Parliament Information Centre.
Answer
The contract is between NHS Lanarkshire and the practice. Any request for a copy should be made to either of the parties to the contract.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 17 November 2004
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Current Status:
Answered by Andy Kerr on 30 November 2004
To ask the Scottish Executive whether the appeal in respect of the filling of the vacancy for a single GP practice at the Rowallan Medical Centre in Blantyre was dealt with under the National Health Service (General Medical Services) (Scotland) Regulations 1995 or the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004; if it was dealt with under the 1995 regulations, why the Executive advised that it was dealt with under the 2004 order; if it was dealt with under the 2004 order why the Executive previously advised that it was dealt with under the 1995 regulations, and whether the Executive is satisfied with the legality of the different advice it has given on this matter.
Answer
Both the NHS (General Medical Services) (Scotland) Regulations 1995 and the General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 applied to the appeal. The appeal was made on 9 February 2004 and fell to be considered under the 1995 regulations. The appeal was determined on 14 May 2004 by which time the 1995 regulations had been revoked. The 2004 order came into effect on 1 April and provided that for any appeal outstanding on that date the provisions in the 1995 regulations would remain in force until the appeal was dealt with.
No differing advice has been given.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive whether it is legally competent to remove the provision for an appeal procedure from the regulations which replaced the National Health Service (General Medical Services) (Scotland) Regulations 1995 governing the appointment of a GP to a single practice and whether this is consistent with human rights legislation.
Answer
The NHS (General Medical Services) (Scotland) Regulations 1995 were revoked by the NHS (Primary Medical Services Performers Lists) (Scotland) Regulations 2004. The 2004 Regulations were approved by the Parliament and are held to be legally competent and consistent with human rights legislation.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive whether it will review the rules and regulations governing the appointment of general practitioners in order to provide greater statutory participation by patients’ representatives.
Answer
The NHS Reform (Scotland) Act 2004 places a duty on NHS boards to ensure public involvement and equal opportunities. This applies to the development and provision of services generally, but would not extend to final decisions on the appointment of GPs or NHS staff. While boards should take steps to consult patients on proposals to appoint GPs and listen to views, it is for the board to make the final decision on employment matters. There are no plans to review the arrangements at present.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive whether it will reinstate the right of appeal for unsuccessful applicants for a GP vacancy into its new rules and regulations for the appointment of GPs and, if so, whether this right will be backdated to the date of the introduction of the new rules and regulations.
Answer
There are no plans to do so at present.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive whether it is legally competent to disallow a right of appeal against a decision by an NHS board in respect of an application for a single GP practice vacancy which was held under the National Health Service (General Medical Services) (Scotland) Regulations 1995 where the filling of the vacancy has been rerun.
Answer
The NHS (General Medical Services) (Scotland) Regulations 1995 were revoked on 1 April 2004. The General Medical Services (Transitional and Other Ancillary Provisions) (Scotland) Order 2004 kept in force certain provisions of the 1995 regulations dealing with vacancies for GPs so that cases which started before that date could be concluded. The right of appeal in cases which had been reconsidered was not one of the saved provisions.
The order was approved by the Parliament and is held to be legally competent.
- Asked by: Alex Neil, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive what guidelines it has issued about the organisation of meetings held by officials from its health department with patient groups or representatives of the general public.
Answer
There are no specific guidelines relating to the organisation of meetings with Health Department officials and the public, but there are a number of materials which have been issued to support consultation and engagement with the public.
The Scottish Executive has produced Good Practice Guidance on Consultations which stresses the importance of engaging with the public and provides support and guidance in doing so. The Scottish Executive Equalities Unit has complemented this with Good Practice Guidance – Consultation with Equalities Groups.
Changing to Deliver was launched in January 2003 and is the Scottish Executive's corporate culture change programme. Key amongst its aims isto promote the outward focus of the Executive and its ability to inform, engageand consult meaningfully with the public in the development of policy and services. Guidance and support is available from the Changing to Deliver Team.
Within the Patient Focus and Public Involvement programme of work, a toolkit to support the involvement of people Building Strong Foundations (Bib. number 34489) has been issued to the NHS and the Health Department. This includes practical examples of methods of involving people, including meetings. In addition, the Partners in Change initiative produced a Checklist of Meetings (Bib. number 34490) which are intended as a practical resource for people who set up or are involved in meetings with the public. Guidance will shortly be issued to the NHS and the Health Department on “Informing, Engagingand Consulting the Public in the Development of Health and Community Care Policiesand Services”.
