Heinz wrote on Nov 10
th, 2011 at 2:36pm:
The 'illegality' is clear and well documented.
The questions which need answering now are who is the prosecuting authority and why aren't they doing their job?
It is a civil matter. A breach of the contract between the GP and the local Primary Care Trust.
The PCTs are not doing their job essentially because they fail to recognise the responsibility which they hold on behalf of the people that they serve.
Some have claimed that they require advice and guidance from the Department of Health. Strictly speaking this should not be necessary, however in the light of such demonstrable failure, the Department of Health and its Ministers are seen to be neglecting their duty by not stepping in to ensure that contractual conditions which they imposed are effectively enforced.
The BMA carries a heavy responsibility for continuing to promote its support for co-payment after this was rejected following the public consultation. It has also issued guidance to its members intended to circumvent the duty imposed on them by the contract revisions and to mislead PCTs.
Daisy Group is understood to be still circulating letters which misrepresent the position of the Department of Health, by suggesting that it has been granted a competence to make a determination about compliance with the terms of the GP's NHS contract.