A written constitution for the NHS – a bill of rights and responsibilities for patients and staff – will be officially signed by Gordon Brown and ministers at Downing Street today. A draft version has already been put out to consultation and the Government has tabled legislation to compel the health service to adhere to the final document.

The constitution will effectively become a bill of rights for patients and was introduced by ministers as a major reform – comparable to Mr Brown giving the Bank of England control of interest rates when he was chancellor.

The constitution sets out responsibilities linked to people’s entitlement to free NHS care, including that they should take some personal responsibility for their own health.

But doctors and campaign groups say that the draft consisted of “optimistic pledges” that would not make any difference to patient care.

Alan Johnson, the Health Secretary, said yesterday that measures to tackle obesity would be included in the document but that it would not threaten to withhold treatment from those who were overweight through over-eating. It would not involve "broccoli police" to check up on people's eating habits.

The constitution was intended to be “one concise, clear document that told people what their rights were, what their responsibilities were and what was expected of the staff,” he said.

“We never intended this to change the way the NHS works, which is, if you have a health problem we will deal with it.

“We have got a section in there on personal responsibilities but it’s not something that’s backed up by law and [therefore] you’ll not have the broccoli police come round if you are having a fry-up.

“It was never meant to be something that changed the health service and made it less acceptable to people and made it more problematic.

“There are other ways of talking about the dangers of alcohol or getting your nutrition right than stating it in a constitution.”

But Katherine Murphy, director of the Patients Association, said “We do not expect this document to make any difference to the care patients are receiving. The time for words like safety, quality, choice and, in this case, constitution to have the meaning they have elsewhere in life is long overdue.”

National Voices, an association of charities and patients groups, said that the document had “huge potential”. “We need a service that listens and responds to the needs of the people it serves."

The NHS constitution sets out the rights and responsibilities of patients, staff and groups treating NHS patients, including private hospitals and charities. It is intended to stand for ten years, after which it may be revised.

The constitution enshrines the principle that access to NHS services is free, except in limited circumstances sanctioned by parliament.

It sets out 25 rights for patients, including access to drugs approved by the National Institute for health and Clinical Excellence (NICE). There will be a new right to receive vaccinations that are recommended by the Department of Health, but parents will not be compelled to vaccinate children.

Signing the document at a ceremony at 10 Downing Street, Mr Johnson said that it was a momentous point in the history of the NHS.

"The content of the Constitution is based on discussions with thousands of NHS staff and patients across the country and will form the basis of a new relationship between staff and patients – a relationship ... where everyone knows what they can expect from the NHS and what is expected from them," he said.

Mr Brown joked: "When I was chancellor [of the Exchequer] the only thing I was asked to sign was cheques, but this is a day to be remembered."

He added that the constitution sent "a signal that we have more to do to improve the quality of care in some areas, we know we have to do better in future."

He described the health service as "the great British achievement of the last century, but let us go forward to make sure the NHS is even better as a social achievement in future."

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