The government has demanded that healthcare regulators, including the General Pharmaceutical Council (GPhC), tighten up their procedures for breaches of professional standards this week, in its response to the Francis report on the failings of Mid Staffordshire NHS Foundation Trust.

Ministers stopped short of introducing criminal sanctions for individual NHS staff however, which law firm Charles Russell LLP head of healthcare David Reissner said could aid pharmacists' fight to decriminalise dispensing errors.  

The General Medical Council (GMC), the Nursing and Midwifery Council, as well as other professional regulators had been asked "to tighten and speed up their procedures for breaches of professional standards", health secretary Jeremy Hunt told the House of Commons yesterday (March 26), when he delivered the government's response to the Francis inquiry.

Jeremy Hunt stopped short of introducing criminal sanctions in the wake of Mid Staffs, claiming that they could "unintentionally create a culture of fear"	More on decriminalisation of dispensing errors Ministers dodge APPG's call for decriminalisation       timeframe Open NHS culture demands decriminalisation, say       pharmacy leaders GPhC aims to learn from Francis report on Mid Staffs
	Mr Hunt said the request was part of a range of measures to place patient care firmly at the heart of the NHS and bring in "a culture of zero harm", following events at Stafford Hospital that "were a betrayal of the worst kind".

The GMC and the Nursing and Midwifery Council had taken some action in response to the recommendations raised by Robert Francis QC in February, Mr Hunt said, but the two regulators and others would consider the report further before making a full response.

The GPhC told C+D this week that it would consider its response at its council meeting on April 11.

The government report, Patients first and foremost, also revealed that the Law Commission was reviewing the regulation of healthcare professionals and would look at the investigation and adjudication of fitness-to-practise cases.

The government would introduce a new statutory duty of candour, as recommended by Francis, to ensure honesty and transparency, and health and social care professionals would be "held more accountable", it said.   

The report said the decision to stop short of introducing criminal sanctions for NHS staff was because it could "unintentionally create a culture of fear". "This in turn could prevent lessons being learned and could make services less safe."

But Mr Hunt did not rule out the possibility of criminal prosecution altogether, stating that the government would consider what further action healthcare regulators could take before deciding on the appropriateness of criminal sanctions. 

Mr Reissner raised concerns in February that the Francis report could be used by the government to shelve its plans to decriminalise dispensing errors.

But this week he said it could work in pharmacists' favour. "Hopefully, he [Mr Hunt] will now appreciate the climate of fear created by the fact that dispensing errors are criminal offences," he said. "This is [the] type of climate change the government should support."

Do you think decriminalisation of dispensing errors has moved further up the government's agenda in light of Mid Staffs? Comment below or email us at [email protected] You can also find C+D on Twitter, LinkedIn and Facebook