The Minister of State, Department of Health (Mr. Mike O'Brien): On 20 July 2009, my hon. Friend the Parliamentary Under-Secretary of State for Health, the Member for Brentford and Isleworth (Ann Keen) announced the outcome of the joint Department of Health and UK Border Agency review of the rules on overseas visitors' access to the national health service in England, and the Government's intention to consult publicly on the change proposals. Today, on her behalf, I am fulfilling that commitment by launching the consultation.

The proposals in the consultation strike a balance between public health needs, managing migration and upholding humanitarian principles, ensuring that we continue to deliver high quality care to all those with a legal right to it while protecting our NHS from those who would take advantage of it.

The consultation includes proposals to increase the time that UK residents can regularly stay outside the UK before losing automatic entitlement to free NHS hospital care, and to protect unaccompanied children who arrive in the UK. We propose to exempt from charges failed asylum seekers who are co-operating with, and are supported by, the UK Border Agency prior to returning to their own country, but to charge all other failed asylum seekers.

In my hon. Friend's earlier statement, Official Report, column 97WS, he said that the Government were attracted to the principle that some visitors should be required to pay for their NHS treatment through personal health insurance, as is already the case in some other countries. Although developing a scheme that is fair and effective will be challenging, we are determined to take this forward. We will now seek views on the merits and feasibility of key principles and mechanisms for making this work, which have the potential to both increase the income that the NHS receives from overseas visitors, and to act as a deterrent to those seeking to abuse the NHS.

We have also taken the opportunity to consolidate the current regulations that underpin the policy on the charging of visitors, and to improve the supporting guidance that we provide for the NHS. Neither of these updates reflects any change in entitlements or operating practices, but they are provided in draft form for people to examine and comment on prior to them being launched.

The Minister of State for Borders and Immigration is today also launching a consultation on the proposal to refuse entry to the UK to those who have significant outstanding debts for NHS treatment. This will help the NHS to recover debts and discourage further those visitors who travel to the UK to seek treatment without paying.

The period for responding to the consultation will run until 30 June 2010. I have placed the consultation document in the Library and copies are available to hon. Members from the Vote office.

Home Department  -  NHS Debtors (Immigration Rules)

The Minister for Borders and Immigration (Mr. Phil Woolas): On 20 July 2009, my hon. Friend the Parliamentary Under-Secretary of State for Health, the Member for Brentford and Isleworth (Ann Keen) announced the outcome of the joint Department of Health and UK Border Agency review of the rules on migrants' access to the national health service in England. As part of a balanced package of measures to rationalise and reform the present NHS charging arrangements, my hon. Friend signalled our intention to consult publicly on significant proposals for change emerging from the review, including action to protect the NHS from misuse by a minority of foreign nationals who are charged for using our public health services but default on their debts. Proposals to tackle the problem of "health tourism" sit alongside a broader range of measures to protect the interests of vulnerable individuals.

In taking forward this commitment, I have today published a public consultation on a proposal to change the immigration rules to provide for the first time that debt to the NHS above a prescribed amount will constitute grounds for refusal of permission to enter and stay in the United Kingdom for those subject to immigration control. The Government believe that those who take advantage of our hospitality should respect that hospitality or face consequences. The consultation sets out how the UK Border Agency would work in partnership with NHS to administer these new arrangements. The new immigration rule would supplement existing work by UK Border Agency officers at ports of entry to identify and remove visitors seeking to conceal an intention to enter the UK for the purpose of accessing NHS services. The period for responding to the consultation will run until 28 May 2010, and I have placed copies of the consultation documentation, together with regulatory and equality impact assessments, in the Vote Office and in the Library of the House.

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