European Union (Withdrawal) Bill

Debate between Baroness Ludford and Lord Warner

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Lord Warner (CB)]

My Lords, I support this amendment and echo very much the points made by the noble Lord, Lord Deben. I say that as a former Minister who was responsible for regulating pharmaceuticals and medical devices. In those days, we were a rule-maker; now, we become a rule-taker—and in an area where we have already lost the European Medicines Agency, which is disappearing out of the country. So our position on the regulation of medicines has been worsened, as has the investment in this country as a result.

We are now going down the same path with medical devices, which are one of the unglamorous bits of our healthcare system but they are very important. We are rather good at inventing medical devices in this country. We produce quite a lot of inventions and have been the rule-maker through the BSI. Most of Europe has been happy to take that rule-making from the BSI, which has moved abroad, because it has a reputation as an effective regulator in this area. We are ending up with medicines and medical devices coming ever closer together but we have lost the regulatory system for them both. That is no mean achievement for the Government.

If we do not secure some kind of reciprocal agreement, as this amendment suggests, we will be in an even worse state than the noble Lord, Lord Deben, thinks we might. I am with him all the way. This is another industry which we are neglecting. In many cases, the companies making these devices are quite small and we are putting them into a very difficult position. They cannot hang around when they make their business decisions in the hope that David Davis will come up with a deal that resolves some of the uncertainties in their business. They will have to take decisions quite quickly if they want to survive.

The Government’s approach to negotiation is to be untransparent and incoherent, while trying to reassure everybody that it will all be all right on the night. But that is not a position that businessmen and businesswomen can accept in running their businesses and keeping them solvent. This is another example of a sector where we are going to diminish our capacity to innovate and to open up new markets within Europe for our inventions. Much more to the point, we will lose the kind of control over regulation that we had in the past.

[Baroness Ludford (LD)]

Can I just remind the noble Lord of the debate we had last week on the clinical trials regulation and the uncertainty there? We have had contradictory statements from two Ministers about whether the clinical trials regulation will be retained EU law, in domestic law, on exit day. As I think the noble Lord is aware, I have written to the noble and learned Lord, Lord Keen of Elie, to try and clarify exactly what the Government’s position is.

[Lord Warner]

I did not want to remind the Government Front Bench of the slaughter of the innocents over clinical trials last week, but I have no doubt the Minister will read that debate in Hansard and form his own judgment. I am pleased the noble Baroness has written to the noble and learned Lord, Lord Keen, about this. It opens up the possibility of securing more protection in the Bill for some British industries, and we should not be afraid to take that opportunity in this House.