- 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 is satisfied that it was legally competent for those people who were members of the area medical committee that nominated the Suckle practice to the Rowallan Medical Centre single practice vacancy in Blantyre to be subsequently involved in the rerun appointment process for that position and whether that process was consistent with employment law and human rights legislation.
Answer
The way in which the successful candidate was selected was a matter for Lanarkshire NHS board.
- 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 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 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 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: Monday, 15 November 2004
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Current Status:
Answered by Andy Kerr on 29 November 2004
To ask the Scottish Executive what powers ministers have had since 1995 to intervene in the advertisement, recruitment, selection and appointment of a GP by an NHS board or trust; how often such powers have been exercised; on what basis such powers were exercised, and within which NHS board areas.
Answer
The NHS (Scotland) Act 1978 provides that ministers may give directions to NHS Boards on the exercise of their functions. No general directions have been made since 1995 in respect of advertisement, recruitment, selection and appointment in respect of GPs.
The NHS (General Medical Services) (Scotland) Regulations 1995 and the NHS (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 enable ministers to give particular directions to a NHS board when they remit a case for reconsideration following an appeal by a doctor.
Since 1995 a direction has been given in one case. Following an appeal by a doctor who was not selected for a medical vacancy a direction was given for there-advertising of the vacancy, and for consultation with local interests, to Lanarkshire health board.
- 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 period it considers to be acceptable between the advertisement of a vacancy at a GP practice and the deadline for submitting applications for that vacancy.
Answer
The period in which an application could be submitted was entirely a matter for a NHS board.
- 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 how many GP practices were initially appointed as single practices and subsequently became multi-practices in each year since 1995.
Answer
The information is not held centrally.
- 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 what rules and regulations covered the advertisement, recruitment, selection and appointment of GPs by an NHS board or trust between 1995 and 2004; what rules and regulations are currently in operation in respect of such appointments; whether there have been any breaches of such rules and regulations since 1995 and, if so, when any such breaches took place, what the breaches were and within which NHS board areas.
Answer
The procedures for the admission of GPs to the medical list of a NHS board between 1995 and 2004 were contained in the NHS (General Medical Services) (Scotland) Regulations 1995. Since 1 April 2004 the NHS (General Medical Services Performers Lists) (Scotland) Regulations 2004 apply.
The only breach of procedure which has come to the attention of ministers in that time was revealed in an appeal by a doctor who was not selected for a vacancy in 2004. An application in the name of a practice rather than an individual medical practitioner was accepted by Lanarkshire Health Board.
