Government must publish NHS risk register, rules tribunal

The register, drawn up by civil servants for ministers, details serious potential problems that could be caused by the Health and Social Care Bill.

The Department of Health had appealed against a ruling by the Information Commissioner, made last November, that it should disclose the register after it turned down a freedom of information request.

Officials including Lord O'Donnell, the former Cabinet Secretary, argued at an Information Tribunal earlier this week that disclosing the dossier would inhibit civil servants from speaking their minds to ministers in the future. They also said it would be "wildly" misrepresented for political ends.

But the tribunal panel rejected the Department's case, after John Healey, until recently the Shadow Health Secretary, argued that it was in the public interest for the register to be released due to the "exceptional" nature of the reforms.

This morning, Labour called on the Prime Minister to order the "immediate release" of the register.

However, it appears ministers want to stall any decision until after next Tuesday, when Labour has called an opposition debate and vote on the Bill in the House of Commons.

A Department of Health spokesman said: "We are still awaiting the detailed reasoning behind this decision.

"Once we have been able to examine the judgment we will work with colleagues across Government and decide next steps."

Mr Healey, who has been calling for release of the register since November 2010, said: "Ministers must now respect the law, release the risk register in full and let people make up their own minds on the NHS changes.

"Today’s legal judgement must put an end to the Government’s efforts to keep this information secret.

"They have dragged out this process for 15 months, while Parliament has been legislating for their NHS plans.

"It’s near the end of the eleventh hour for the NHS bill and Parliament rightly expects this information before it takes the final irrevocable step to pass the legislation.

"The Government could appeal, and prolong this legal row. But I call on the Prime Minister to accept today’s court verdict and order the Department of Health to publish the risk register immediately."

Andy Burnham, who replaced Mr Healey as Shadow Health Secretary, added: "The Prime Minister must accept today's ruling with good grace and order the immediate release of the risk register.

"The Government has a technical right of appeal but morally it has nowhere to go."

The Tribunal actually made decisions on two separate registers: the Strategic Risk Register, about ongoing threats, and the Transition Risk Register, about the threats of reform. It decided to allow the Department's appeal to keep the Strategic Risk Register from being published, but not its appeal for the Transition Risk Register.

Mr Burnham said: "This ruling unravels the Government's attack on Labour and highlights the difference between the strategic and transition risk registers. In upholding the ruling on the transition risk register, they have today put beyond doubt the difference between the two documents."

Mr Burnham has also sent a letter to Liberal Democrat MPs ahead of the party's spring conference in Gateshead this weekend, urging them to vote against the Bill on Tuesday.

He said it was "not too late" for them to stop it entering the Statute Book, which he claimed would be "a disaster for the NHS".

He wrote: " I feel certain that the long-term best interests of your Party are better served by

acknowledging that and doing something about it, rather than acting out of a misplaced sense of loyalty to the Coalition."

He continued: "The truth is Labour's narrow political interests are probably best served by the Coalition simply ploughing on with this disastrous Bill. But, even so, I desperately want them to stop.

“I know the NHS can only be preserved for the rest of this century by building a broad consensus that goes beyond any one Party. Nothing matters more to me than protecting the NHS and that is my motivation in making this appeal to you."

Lord Owen, the former Social Democrat Party leader, called for the Bill to be put on hold as a result of the tribunal's decision.

He said: "The attempt to railroad this legislation through both Houses of Parliament has raised very serious questions about the legitimacy of this coalition Government.

"Now at the last moment Parliament has a chance to assert its democratic rights and the many Liberal Democrat peers, who know in their heart of hearts that this legislative procedure is fundamentally wrong, have the opportunity to stand by their principles."

*The Royal College of GPs, the Royal College of Midwives and other health organisations have written to Nick Clegg urging him and his MPs to "do what you can to withdraw the Health and Social Care Bill".

The heads of eight organisations, also including the Chartered Society of Physiotherapy and Society and College of Radiographers, also advised the Deputy Prime Minister to "rethink" his position and "consider the full impact of these reforms on our ability to provide care to patients".

Mr Clegg is in Gateshead over the weekend for the Liberal Democrats' spring conference, at which the bill is due to be debated.

Opponents of the bill hope a motion will be passed calling for it to be dropped at the 11th hour.

The short letter, organised by the Royal College of GPs, concludes: "Our mutual concern remains providing and planning the best possible quality of care to our patients. We hope you will consider the wealth of our experience, and will look at ways for us to work together to make the health service secure, stable, and safe, now and in the future.

"We call on your party, and the Coalition Government, to work with doctors, nurses and other health professionals to find an acceptable way forward in the best interests of our patients."

The Telegraph

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