Debates between Baroness Brinton and Lord Geddes during the 2019 Parliament

Mon 24th Oct 2022
Tue 5th Apr 2022
Health and Care Bill
Lords Chamber

Consideration of Commons amendments & Consideration of Commons amendments
Wed 16th Mar 2022
Health and Care Bill
Lords Chamber

Lords Hansard _ Part 1 & Report stage: _ Part 1
Wed 9th Feb 2022
Health and Care Bill
Lords Chamber

Lords Hansard - Part 1 & Committee stage: Part 1

Energy Prices Bill

Debate between Baroness Brinton and Lord Geddes
Lord Geddes Portrait The Deputy Chairman of Committees (Lord Geddes) (Con)
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My Lords, the noble Baroness, Lady Thomas of Winchester, is taking part remotely and I invite her to speak. She does not seem to be technically available at present; it is therefore open to any other noble Lord to speak to this amendment.

Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, first, I apologise for being unable to be present at Second Reading. I am speaking to Amendment 12, which my noble friend Lady Thomas of Winchester has also signed. It sets up the mechanism for the Secretary of State to have a strategic plan for very vulnerable people who would be extremely adversely affected by power outages—for some, probably resulting in death—and for the requirement on energy suppliers to work with the local resilience forums, which are tasked with delivering local emergency plans in communities.

I read the impact assessment with interest. On page 28, paragraph 70, headed “Disability or vulnerability”, states:

“Of those surveyed … by the ONS Wealth and Assets Survey, over 40% of adults in Great Britain have a combined financial and property wealth below £23,249. Of those poorer households 41% have a physical or mental disability ... Furthermore, households with energy-using health equipment will typically be associated with higher energy use and stand to benefit more from the volumetric scheme”.


The Minister may remember that I raised the issue of ensuring electricity supply to the most vulnerable disabled and seriously ill people, who may die if their home electricity supply is not maintained, on 11 October 2022 when the noble Baroness, Lady Kennedy of Cradley, asked a Question on energy pricing. I cited our family’s experience when my granddaughter, then aged two, who had to use a ventilator and a heart monitor faced a power outage on her south London estate. I thank the Minister for his response to my question and his being keen to reassure me and the noble Baroness, Lady Finlay of Llandaff, but I was concerned that BEIS Ministers may not be aware of what is happening in practice and how serious the problem is.

Since 11 October, I have talked to others who rely on ventilators, dialysis machines and other equipment at home. It is clear that the reality of what happened to my granddaughter in a small-scale electrical outage in south London about four years ago is, in practice, not unusual. Let me explain the process. On the advice of the consultants at the Evelina London Children’s Hospital, and as a condition of her being allowed to leave hospital for the first time aged 11 months, my son had brought her home and registered with their energy supplier that she required ventilation and a heart monitor for about 17 hours out of every 24. Without it, she would have to be taken back to the specialist hospital as her lung capacity put her at high risk of death as her oxygen levels would plummet quickly.

My son had understood that the supplier would ensure that there was an alternative supply as soon as possible. On the evening of the outage, my son called the emergency line, who were encouraging: they were on the list for an emergency generator to be delivered to their house. After one hour, it had not arrived. They were told that it could take another two hours. At that time, and because my granddaughter was still quite small, he bundled her and all her medical kit—believe me, a carful—and drove to our house, an hour away. Believe me, if you have watched a small child struggling for breath, you do not hang around.

There is absolutely no doubt that the register of vulnerable users is helpful. However, the reality of a power cut means that the small batteries in those items that they have as a back-up will not last for many hours, especially if the outage is not planned and people do not know how long it will last for. That is why the suppliers knew that they had to get a generator to my granddaughter’s house. But they failed.

My concern is that, in the event of mass outages in the cold months of January and February next year, however unlikely, much larger swathes of the country will lose electricity in a number of hours. National Grid was predicting even worse last week—even if that is also deemed to be highly unlikely—and it might mean that the whole country would be without power from late afternoon until late at night for a number of days a week in January and February.

The Disability News Service picked up on the questions that the noble Baroness, Lady Finlay, and I asked. John Pring at the DNS has been investigating current practice and how large outages would be handled by the energy suppliers, so he rang them. They said, “Talk to the Department of BEIS”, so he rang BEIS, which said, “Talk to the Department of Health and Social Care”—I have no idea why. The DHSC has not even replied, probably because it is not involved in emergency provision planning.

Many disability groups are very concerned about this coming winter too, as they, like my family, have experience of support in an emergency not being quite what was expected. Neither BEIS nor the DHSC seemed aware that the energy suppliers should be talking to their local resilience forums, run by each local authority, which have a statutory duty under the Civil Contingencies Act 2004 to deliver their local emergency health plan in the event of such an incident. However, directors of public health whom I have talked to, who are jointly employed by their authority and by the NHS, are core to LRFs, and they say that talking to energy suppliers is extremely difficult.

It is important to be clear that not all help for those whose lives depend on electricity will be on the register. Those registered with suppliers will include the elderly and the frail who must be kept warm, but they do not need individual generators at home. The LRFs need to plan with energy suppliers where generators will go in community halls or other planned venues and how vulnerable people will be taken to that venue. The current advice from suppliers to disabled people on their helpline is—wait for it—get a thermos and more battery packs. I have to say that that is causing alarm, and it tells me that proper planning is not going on, and people who are supposed to be giving advice do not know what it should be. That is also confirmed by the directors of public health whom I have talked to.

Under the Civil Contingencies Act 2004, local resilience forums are level 1 responders, and energy suppliers are level 2 responders. Energy suppliers keep the register and must liaise with them. The problem is that at the moment the LRFs are entirely reliant on the energy suppliers communicating with them. As with Covid, when the local resilience forums played a fantastic role as we went into lockdown in their communities, the possibility of a serious outage means that there needs to be real planning now because, otherwise, people will die in a power cut. All the elements needed are available through various duties on differing people; the problem is that they are not joined up. Hence my amendment, which is to try to join up the key partners at a national level through the powers of the Secretary of State to create a strategic plan, while ensuring an action plan at a local level which gives a duty to energy suppliers to maintain contact with their local resilience forums.

Health and Care Bill

Debate between Baroness Brinton and Lord Geddes
Lord Geddes Portrait The Deputy Speaker (Lord Geddes) (Con)
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My Lords, the noble Baroness, Lady Brinton, is taking part remotely.

Baroness Brinton Portrait Baroness Brinton (LD) [V]
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My Lords, although my noble friend Lady Walmsley will be speaking from our Benches on the workforce amendments, I just want to commend the noble Baroness, Lady Cumberlege, on the eloquent speech she made on the need for proper and effective workforce planning. I support everything she said.

I will now speak to Motions D and D1 on genocide and modern slavery, having added my name to amendments at earlier stages of the Bill. I thank the Government for their Amendment 48A in Motion D. Frankly, a review of the NHS supply chains should undoubtedly happen, regardless of the Bill, but the amendment does not go nearly far enough to stop the practice of suppliers to the NHS purchasing goods where there has been a risk of slavery and human trafficking. The amendment talks only about the Secretary of State having to “mitigate the risk”. In the linguistic range of a Minister making commitments, mitigation does not hit even the halfway bar.

We need to be blunt. A very large quantity of NHS medical equipment is sourced, in whole or in part, from the People’s Republic of China. Despite the Government denying that any equipment is sourced from the Uighur region, reports have found that the UK Government have bought more than £150 million-worth of PPE from Chinese firms directly linked to abuses of Uighur rights abuses. As recently as this month, supply chain specialists revealed that the NHS continues to be supplied PPE from a company known to use Uighur forced labour programmes. Without legislation mandating transparency and due diligence, it seems very unlikely that the Government will be able to ensure that they are not sourcing goods from companies practising modern slavery.

Amendment 48B in Motion D1 in the name of the noble Lord, Lord Blencathra, goes beyond the Government’s proposals for a review by seeking to ensure that the Secretary of State must by regulation make provision to ensure that all procurement of goods and services for the health service in England avoids slavery. The UK Government have to face up to their obligations to prevent through the law any forced labour and people trafficking in UK health supply chains. From these Benches we will support Amendment 48B in Motion D1.

Health and Care Bill

Debate between Baroness Brinton and Lord Geddes
Lord Geddes Portrait The Deputy Speaker (Lord Geddes) (Con)
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My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

Baroness Brinton Portrait Baroness Brinton (LD) [V]
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My Lords, I speak from these Benches to support both amendments in this group. The noble Lord, Lord Hunt, introduced his Amendment 164 on vaccine damage payments, explaining that the current law as set out in the Vaccine Damage Payments Act 1979 is now over 40 years old. The amendment asks for a judge-led review on what parts of the Act need to be updated, especially the maximum payable as a result of vaccine damage.

The amendment proposes a small and focused review that will assist those who have been damaged by vaccines and will help the NHS, Government and Parliament ensure that the legislation is fit for purpose in the 21st century, especially for the families of those damaged by the Covid vaccine and of the very few who died. They may be an infinitesimally small percentage of those who have been vaccinated but their lives have been turned upside down because of doing the right thing.

Amendment 180 in the name of the noble Baroness, Lady Cumberlege, is an important pillar of delivering the recommendations from her First Do No Harm review, which outlined routes to assist those who had been harmed by an avoidable harm as a result of using certain HPTs, sodium valproate or pelvic mesh. The victims of this avoidable harm are not to blame for it either, but are living out the consequences, including needing additional care for the rest of their lives. I know that the Government have been very supportive of the First Do No Harm review. I hope that they can be persuaded that now is the time to introduce schemes that will help these people. While I fear that there may not be movement on these two amendments today, I hope that the Minister can outline when there is likely to be progress on these two financially modest but essential areas that could right some long-term wrongs.

Health and Care Bill

Debate between Baroness Brinton and Lord Geddes
Lord Geddes Portrait The Deputy Chairman of Committees (Lord Geddes) (Con)
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My Lords, the noble Baroness, Lady Brinton, is also taking part remotely. I invite the noble Baroness to speak.

Baroness Brinton Portrait Baroness Brinton (LD) [V]
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My Lords, I thank the noble Baroness, Lady Greengross, and others for the amendments in this group, which would help transform some of the long-standing problems in social care, as well as improve the quality of life of patients and their families, especially those who care for them. I will speak to Amendment 297D, in the name of the noble Lord, Lord Hunt, which seeks the establishment of a review into institutional abuses in care settings within six months of the passing of this Act.

Amendment 297D talks about the effects of restrictive visiting and eviction notices

“on the emotional, psychological, social and physical health of service users, and on the well-being of service users”

and their families. Obviously, “restrictions on visiting” has taken on a whole new meaning throughout the Covid-19 pandemic. I note that the Rights for Residents campaign group has secured more than 270,000 signatures on a petition for a law that ensures that

“every resident has the legally enforced right to the support of an essential visitor”.

Currently, homes are meant to support an essential caregiver for all residents—but this is advisory and some homes are still imposing blanket bans on visits. That may be because they have some Covid infections inside the home, but that is not universally true.

There is still no clear picture of how visits are going on in care settings. These could be difficult for residents with dementia, for example, if there is only a very small window for visiting—and perhaps it is just not the right time or the right day for them.

Unlock Care Homes is also doing work on this, including highlighting good practice. It is important to remember that most care homes are not just doing their best, they are doing really well with looking after their residents, despite the constraints of the pandemic, staff shortages and burnout.

Time and again, investigative journalists are uncovering practices going on in care settings that are inhuman, breach vulnerable residents’ human rights and damage patients’ mental, physical and psychological well-being. The noble Baroness, Lady Masham, referred to a long list, and that list is indeed shameful.

A series of scandals led to a CQC report into restraint, seclusion and segregation for autistic people and people with a learning disability being commissioned in 2018. It was published in October 2020. The report said:

“We found too many examples of undignified and inhumane care in hospital and care settings where people were seen not as individuals but as a condition or a collection of negative behaviours … We also found that a lack of training and support for staff meant that they are not always able to care for people in a way that meets those individuals’ specific needs. This increases the risk of people being restrained, secluded or segregated.”


However, the Government have not yet commissioned a review of the entire sector, to understand and learn from the causes and poor practices that have resulted in those institutions failing their residents. Commissioning such a review would demonstrate that the Government really want to bring a halt to these practices.