Pros and cons of a UK "NHS consitution"

Following indications by UK Prime Minister Gordon Brown that he is considering proposals for a "National Health Service constitution," the independent think-tank the King's Fund, has pointed out that there are pitfalls to avoid when drafting one.

Both the Labour Party and the Conservatives are reportedly supportive of the idea of a constitution for the NHS. However, establishing one risks creating a legal minefield in which the courts could have the final say on which drugs are available to patients, says the think-tank.

Niall Dickson, chief executive of the King's Fund, said: "a constitution could provide real benefits but there are dangers if it is not thought through with care. A detailed list of patients' rights could become caught up in endless legal wrangling. On the other hand, a constitution which simply reiterates core principles or restates existing targets, such as 18-week waiting times, without any enforceable rights for patients would lack credibility."