UNITE and Unison are urging MPs to vote on Monday against Clause 18, hastily inserted into the Care Bill, which would make it easier to close or privatise any hospital in England.
Health secretary Hunt wants these extra powers, despite the decision of the High Court, subsequently upheld by the Court of Appeal, that he did not have the authority to implement cuts to the emergency and maternity units at Lewisham hospital in south east London.
Unite was highly critical of the £200,000 that Hunt had squandered in legal bills – money that could have been better spent on frontline services, such as hip replacements.
Unite head of health Rachael Maskell said: ‘What Jeremy Hunt is attempting to do is to achieve by a parliamentary sleight of hand what he failed to do through the courts.
‘We are urging MPs to throw out the clause at the bill’s second reading on Monday, as we believe that this is a dangerous move which will put thousands of lives at risk, by removing clinical decision-making from NHS provision.’
Despite massive local protests, ministers tried to fast-track the closure of Lewisham’s A&E and maternity services, in order to redirect patients and money to neighbouring hospital trusts. This was in context of the large private finance initiative (PFI) debts to pay off.
Maskell added: ‘The Care bill is being used to drastically reduce the rights of the public to have “a say” in decisions affecting their local hospitals.’
Unison said: ‘Health secretary Jeremy Hunt has bounced back from his embarrassing defeat in the courts over his illegal attempts to close Lewisham Hospital A&E and maternity services.
‘Under his new Clause 118, added surreptitiously to an otherwise unrelated Bill, new powers will be given to trust special administrators who take over failing NHS trusts, many of which are saddled with crippling PFI debts.
‘These will let the health secretary’s unaccountable appointees recommend the closure or downgrading of neighbouring hospitals, even if they are successful and financially viable organisations.
‘If this clause becomes law, hospitals will be at risk of having services shut down without their agreement, without proper consultation with clinical staff, patients and the public, and without even any agreement from the new GP commissioners.’
The unions’ warning came as it emerged that the NHS in England has missed its four-hour A&E waiting time for the first time this winter.
In the last week, 94.8% of patients were seen within four hours compared to 95.6% the week before. The target is 95%.
The figures cover all A&Es, minor injury units and urgent care centres, with waiting times worse in A&Es, where only 92.2% were seen within four hours.
It is the first time since April the target has been missed overall, although A&Es have been below the 95% mark since July.