Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, if he will require contracts between NHS hospitals and private surgery providers to include a clause preventing the NHS from being sued for libel if it publishes any report investigating damage caused by surgery carried out by the provider.

NHS England publishes the NHS standard contract, which is used by NHS commissioners for all healthcare contracts, other than primary care. The standard contract includes requirements in relation to the approval and management of any subcontracts a provider may wish to put in place. However, NHS England does not mandate the use of a particular form of subcontract.