www.theguardian.com/commentisfree/2012/mar/12/sorry-shirley-williams-nail-health-bill-myths
It was Shirley Williams who - perhaps unintentionally, if one wishes to be charitable - misled those that were wavering, and convinced them to support the Health & Social Care Bill.
The link is to an article by Polly Toynbee. For those of you who, because she writes for the Guardian, choose not to read the link, here is a summary of what she said:
Shirley Williams angrily denied Toynbee's claim that she had just led her people to vote for allowing up to 49% of all NHS facilities to be used for private practice.
Toynbee said:
"Here is the relevant paragraph – clause 161, goods and services: "(2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes." Clear away the fog, and that says the only obligation on a foundation trust is to ensure its NHS work is greater than its private work. That allows its private business to rise to anything up to 49%, unlikely but permitted. Don't take my word for it, since every health expert I double-checked with yesterday confirms it. Mike Farrar – head of the NHS Confederation, member of the government's Future Forum on the bill – says it was discussed there in detail and, yes, 49% is the cap intended.
"Shirley Williams went on to claim: "Labour never had any kind of cap at all – 49%, 80%, 100% – no cap of any kind." But that's not so...
"Ask Professor Chris Ham, head of the King's Fund, who worked in the Department of Health when Labour set its tight cap, who confirms. "... Labour's cap stopped any growth in private work by banning foundation trusts from taking on private work at a proportion exceeding that of 2003 (on average 2%). (NHS Act 2006, section 44, private health care) :.... ". In clause 164 Lansley's bill strikes out this old cap: Shirley's Lib Dems voted against Labour's amendment trying to reinstate it."
A report in the Guardian in August 2014 confirmed the fears of those who opposed the bill: new figures released under the Freedom of Information Act showed that already six trusts in London and the south-east have hugely increased their private patient income (one by over 39%) since the passage of the Health and Social Care Act in 2012.