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Health Bill [HL]

My Lords, once again the amendment comes from a report of the Joint Committee on Human Rights. It is more limited than the other amendments in the group, but it addresses the same problem of access to healthcare for some asylum seekers. I feel that it is not necessary to go over the ground that was extensively covered in Grand Committee. However, I will try to bring the discussions on the matter up to date. On 30 March, the Court of Appeal ruled that refused asylum seekers were not entitled to free NHS treatment. It also held that the Department of Health guidance was, ""not clear and unambiguous and in so far as it purports to be dealing with … the failed asylum seekers who cannot be returned, it is seriously misleading"." The department responded with a promise of redrafted guidance, which would be ready in the autumn, and suggested that NHS trusts should take into account the likelihood of a timescale for a person returning to his or her country of origin when considering whether to provide free treatment. So the position is still not clear. The Minister said in Grand Committee that: ""we recognise and respect our duty to ensure that the provision of healthcare is fully compliant with human rights principles".—[Official Report, 17/3/09; col. GC85.]" That statement is welcome and will lead her to accept that there needs to be some movement on the issue. Those who came here seeking asylum who have been refused and yet have nowhere else to go, should surely have access to the healthcare they need. This principle needs to be clarified and set out for healthcare providers and professionals to understand. I hope that the Minister will be able to give us some reassurance on the matter tonight. I beg to move.