Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Thursday 22nd October 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I take this opportunity to thank the Minister for his explanation of the regulations. It is always a pleasure to follow the noble Baroness, Lady Altmann.

There is no doubt that there is confusion around the intent of these regulations and the issue of self-isolation, which of itself, notwithstanding the rigours of this pandemic and its impact on the wider community in the level of cases, is very penalising and punitive. To withdraw from society has its own associated health issues outside the pandemic.

The Secondary Legislation Scrutiny Committee has been particularly instructive about the whole area of test and trace. It highlighted the fact that those using the NHS Test and Trace app did so anonymously and would not be liable for the self-isolation requirements unless they took a test or were otherwise notified by an official. In such circumstances, it is believed that people may now avoid doing so and could avoid the connected fines for not self-isolating. In contrast, it is believed that those without the app, such as those in lower income categories or elderly people, are more likely to be contacted by traditional track and trace and more liable to fines. Has the Minister a solution to that state of affairs?

In the Minister’s earlier comments, he referred to a vaccine and said that there were something like six contracts and four platforms. Is he able to specify a date or timescale when the vaccine will become available, because that would deal with the issue of self-isolation in itself?

Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 2) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Monday 12th October 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Finlay of Llandaff, who has considerable scientific knowledge about this issue. I thank the Minister for his explanation of the regulations.

I agree with the use of face masks, particularly in relation to these regulations with respect to taxis and the hospitality industry. I note from the learned journal Nature that science supports the use of masks, but it also says that it is difficult to assess how well they work or when to use them. I think we have all been quite clear that wearing face masks protects not only ourselves but everyone else within our space, using social distancing, hand washing and all the other requirements to keep safe.

In relation to all these debates, I take on board the points made by the noble Lord, Lord Campbell-Savours, who has referred to masks in many debates in your Lordships’ House as far back as February, and to herd immunity. Will the Minister say whether the reason the Government, who seem to be followed by the devolved institutions, are not going for a strict lockdown, as back in March, is to build herd immunity? Is that the real reason for all of this?

That brings me to the regulations regarding face coverings. I note that they came into effect on 23 and 24 September without parliamentary scrutiny, that there were errors and that remakes were necessary to provide clarity. I further note that three correcting instruments had to be made within 24 hours, and that the Secondary Legislation Scrutiny Committee noted its surprise that the Government are not doing more to co-ordinate such changes in a more structured way. The committee also stated that it is not helpful to have the law scattered between so many instruments, so I come to the point made by the noble Baroness, Lady Jones of Moulsecoomb, who talked about the probable need for consolidated regulations. There are too many separate amending regulations, and that is where inconsistency and confusion can arise. Will the Minister consider the use of more consolidated legislation, or is that not possible due to the changing nature of the virus? Where is the parliamentary scrutiny in advance of the introduction of such regulations? When will that happen? That point has been made on numerous occasions during various debates in this House, and I recall the regret Motion moved by the noble Baroness, Lady Thornton, to that effect on a Friday about three weeks ago.

Undoubtedly, Northern Ireland will follow suit on these regulations. It is as if a time lapse has taken place, which can cause inconsistency in application, understanding and adherence. In that regard, will the Minister indicate what process is under way to assess the effectiveness of such measures as they relate to society and communities? As a result of that assessment, could best practice be adopted across the UK through the medium of a committee of officials in the devolved Administrations and the Government, so that we have the maximum impact in reducing the rate of transmission and the number of cases, at the same time as protecting all our citizens and our economy?

What assessment has been carried out of the use of face masks? Are there background statistics showing that they are actually being used, and are fines being imposed when they are not? What is the rate of such fines and the rate of malpractice in that regard? If such analysis has been done, what learning has been captured? Could best practice be rolled out through all policy avenues in relation to Covid and these regulations?

Food Hygiene Rating Displays

Baroness Ritchie of Downpatrick Excerpts

Wednesday 7th October 2020 Lords Chamber

[Lord Bethell (Con)]

The noble Baroness puts the case very well. I completely acknowledge that the FSA favours extending mandatory display ratings to England and that in June and November last year the National Audit Office and the Public Accounts Committee respectively recommended that the FSA pursues this ambition as soon as possible. We very much take on board the views of all these public bodies and will consider the advice given to Ministers as soon as possible.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, the Minister has indicated a warmth towards placing this rating on a mandatory footing. For the avoidance of doubt, can he indicate what is stopping the Government from doing it? Is it the legislative timeframe?

[Lord Bethell (Con)]

My Lords, the immediate concern is, of course, the epidemic, which has slowed things down. It means that management resources that should be dedicated to things such as this are currently distracted. But I reassure the noble Baroness that work is being conducted on the advice being given to Ministers. Updates have been given in the other place on the progress of this policy. I can do nothing more than express warmth at the moment, but there will be decisions and movement on this in the near future.

Coronavirus Act 2020: Temporary Provisions

Baroness Ritchie of Downpatrick Excerpts

Monday 28th September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, first, I congratulate the noble Lord, the noble and learned Lord, and the noble Baroness who made their maiden speeches this afternoon, two of whom I shared time with in the other place.

The Covid-19 pandemic is the biggest health issue of our times. The virus is a brutal and unrelenting enemy, and until a vaccine is developed, it is not going away. All we can do for the moment is to manage and contain it with the various measures that have been put in place.

These unprecedented times require unprecedented actions, and every one of us has our part to play. However, there is of course a special responsibility on the Government to lead, to set an example and to strike an intelligent and moral balance between stopping the spread of the virus and mitigating the damage to jobs and the economy. That is a huge responsibility, and no one believes that it is easy.

Members of this House and the other place must provide Ministers with the necessary support, but we have our responsibilities too. We have a legislative function and are charged with oversight of the Executive. I remind the Government that this is still a democracy and that, at times, they have been rather too eager to place Parliament’s responsibility to scrutinise in a drawer labelled “inconvenient” in the whole realm of secondary legislation—as the noble and learned Lord, Lord Judge, referred to earlier.

Of course, in the early stages of this pandemic, the Government had to act decisively and quickly—though some would argue they did not act quickly enough. It was right that they had the sanction and authority to do that through these emergency powers, which, for six months now, have at times been used to greatly curtail civil liberties. Much of that curtailment has been necessary to protect lives, but measures have taken effect before we have had the opportunity to scrutinise them in this place. We have had to approve them in retrospect, and this has brought a lot of opposition from your Lordships’ House, as late as Friday of last week during a debate on various SIs.

In the short term, that may have been necessary, but is it now? We must be allowed to exercise our democratic function and be given the opportunity to properly scrutinise any proposed legislation relating to this pandemic. I have a certain sympathy with the Motion of Regret of the noble Lord, Lord Robathan. However, I also happen to agree with the noble Lord, Lord Mann, that the other place takes precedence and therefore it should be recording votes, initially, on this particular issue. We need provisions to protect our public health and the population, subject to the provisions being subject to democratic scrutiny.

On two separate occasions, I have asked a Minister what the Government are proposing to do—within government—to accelerate the scrutiny process and ensure that we are affirming regulations before they are in place, instead of 28 days after, when they have expired. So far, I have not had a satisfactory answer; I hope the Minister can provide one today, with an update on vaccine finds and on the old track and trace system.

Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Friday 18th September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of these statutory instruments. Undoubtedly, face masks or coverings are an important defence mechanism in our joint fight against Covid-19. However, I agree with the amendment to the Motion tabled by the noble Baroness, Lady Thornton, and the views of the Secondary Legislation Scrutiny Committee that the legislation needs to follow more closely any announcement that has been made. This is viewed as an obstacle to parliamentary scrutiny. In this debate and the previous debate, many noble Lords articulated the view that we are affirming and approving regulations well after the time that they have been implemented. In my view, that is not good for parliamentary democracy.

I have several questions to pose to the Minister. If he is not able to answer today, perhaps he will do so in writing. Will he specify how the machinery of government will ensure that the process of scrutiny can be enabled more quickly and that announcements will be made in a more timely manner after the legislation has been enacted, recognising and acknowledging the fact that we are in different, challenging times? Undoubtedly, the three approaches of social distancing, hand washing and face coverings are still sound advice, but they have to be accompanied by a very sound track-and-trace system. Will the Minister highlight how robust, resilient and adequate the current system is, and whether any assistance is being obtained from other countries in this operation?

However, people will be satisfied, content and happy about going out only when there is a vaccine for Covid. What progress has been made in ensuring, first, that the flu vaccine will be made more widely available this autumn via the NHS? What progress has been made on developing global vaccines? What is the estimated time for their ability? According to the World Health Organization:

“172 countries and multiple candidate vaccines engaged in Covid-19 vaccine Global Access Facility.”


What is the up-to-date position, and when is it likely that such a vaccine will be available in the UK? What will be its method of distribution throughout Britain and the devolved regions?

Covid-19

Baroness Ritchie of Downpatrick Excerpts

Thursday 3rd September 2020 Lords Chamber

[Lord Bethell (Con)]

My Lords, once again I pay tribute to Pendle Borough Council, which is an absolute model of local collaboration in the handling of a local outbreak. I am greatly encouraged that Pendle has stepped forward to do local tracing. I do not know the precise details and will not pretend otherwise, but the story the noble Lord tells illustrates a harsh truth: not everyone wants to be traced. Not everyone participates in the system with the kind of enthusiasm one would like. It sometimes takes persistence and determination to track people who may be recipients of some very difficult news about their isolation and how they are going to spend the next 14 days—news that may either have an economic impact on them or seriously disrupt plans for them and their family. It is tough to track and trace people. That is why we work with local authorities to do it, why I was proud to announce the numbers earlier and why I am grateful to the noble Lord for illustrating the point with his story from Pendle.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, reference has already been made by the Minister to the quicker saliva tests for Covid-19. For the avoidance of doubt, can he outline to the House the timeframe for these trials and an implementation timeframe if they are successful?

[Lord Bethell (Con)]

The noble Baroness is completely talking my game here. I wish I could be 100% specific about the timeframes, but we are still going through the validation process. Personally, I am hugely optimistic. The noble Baroness, Lady Thornton, mentioned the work in this area of Yale University, which really changed our perceptions of the role that saliva testing could play. It can be used in the big PCR machines, it may be used in point-of-care machines and there is even a possibility that it could be used in the small plastic lateral-flow machines much loved by the husband of the noble Baroness, Lady Neville-Rolfe. I hope very much indeed to be able to update the House soon and to lay out a framework, but I afraid that at present the validation results have not come through and it would be premature of me to try.

Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Thursday 3rd September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I take this opportunity to thank the Minister for his explanation of the SI. It is good that local authorities are given local powers to deal with local situations where there have been spikes of Covid. However, to assist with these mitigating measures, I would like to ask him a few questions.

Can he tell your Lordships’ House what progress has been made on global vaccine development? I believe that people will feel safe only when a vaccine becomes available. What preparations have been made for a possible second spike of Covid? Will those preparations take the form of local lockdowns and directions to be given by councils in relation to premises, and what staff and funding resources will be devoted to such an outbreak? Is there an available supply of PPE and ventilators, and are care homes now fully equipped to deal with emergencies such as a further possible spike of Covid?

Also, what assessments have been made of the track and trace programme? If applicable, will those results be made available, and how will they instruct government on the allocation of medical, care and nursing staff resources, as well as the ready need for financial resources?

Medicines and Medical Devices Bill

Baroness Ritchie of Downpatrick Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 2nd September 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, like many noble Lords who have spoken today, I agree that the provision of high-quality healthcare in which its citizens can all have confidence defines any nation. That is why this Bill, with all its warts, is so important.

We must always ensure that our ethical practices are of the highest standard. Any medical product available in the UK, or indeed anywhere, must be rigorously tested, safe and effective. That is also particularly true of any future vaccine for Covid-19.

However, I want to focus today on one aspect of this Bill, that relating to medical devices. I have long campaigned on the issue of winning justice for pelvic mesh sufferers, who have been left with internal damage and intense, chronic pain. They were failed by an appalling culture of mismanagement, ignorance and apathy within the health system. These victims deserve justice, and we must ensure that this sort of systemic failure never happens again.

The recent report by the noble Baroness, Lady Cumberlege, entitled First Do No Harm, on surgical mesh and other medical interventions was scathing in its assessment of the failures of a disjointed and defensive health system to listen to and address patient concerns. Much of the suffering, it concluded, was entirely avoidable. As someone who met victims of this appalling mismanagement when I was a Member in the other place and learned at first hand of the pain they had been forced to endure and its effect on their quality of life, I am pleased that this review was commissioned and am happy to support the noble Baroness in her proposals. I am pleased, too, that it was able to be so honest in its findings.

I am further pleased that the Minister, the noble Lord, Lord Bethell, provided an apology in your Lordships’ House on the 9 July to all the people who have suffered as a result not only of pelvic mesh issues but of certain medications. I am now going to ask the Minister a direct question. Will the recommendations of the noble Baroness, Lady Cumberlege, be reflected in this Bill through government amendments in Committee? I refer in particular to the implementation task force, which must be set up without delay to oversee progress. Like other noble Lords, I believe that that recommendation should be given statutory effect if the Government and Parliament are to take this report seriously. That goes also for the recommendation that a commissioner for patient safety be created.

In relation to Northern Ireland, there is also the issue of potential regulatory divergence. As medicines are a devolved power but medical devices are not, the Bill in its current form raises the possibility of future regulatory divergence between Northern Ireland and the rest of the UK. That matter requires clarification in relation to the report of the noble Baroness, Lady Cumberlege, and this Bill. Can the Minister provide that? There is no doubt that such assurances are very necessary, but they should not and will not close the door on the past.

Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Friday 24th July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of the statutory instruments—although we are approving some of them retrospectively.

I will ask the Minister one question. With the easing of restrictions, anxiety is emerging among people wanting to know about progress in relation to the development of a vaccine. Can the Minister provide us with an update on the development of a vaccine and an indication of the method of distribution? Will it be England first and then the devolved regions, and which groups will be considered eligible for vaccination?

Pharmacies

Baroness Ritchie of Downpatrick Excerpts

Monday 20th July 2020 Lords Chamber

[Lord Bethell [V]]

My Lords, the role of pharmacies in the administration of vaccines is critical. Not only will the standard flu vaccine be coming up shortly, but, if today’s news is to be taken on the level, the possibility of a Covid vaccine is at some point on the horizon. That is why we are talking to the sector about the role that community pharmacies can play in the greater administration of vaccines, both of flu and of Covid.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, will the Minister indicate what further discussions will take place with the National Pharmacy Association to ensure that community pharmacies become the front line for giving out services that would normally have been dealt with by GPs and emergency departments, to ensure that they take the flak and slack off the National Health Service and continue to provide an essential service to the wider community?

[Lord Bethell [V]]

As the noble Baroness is probably aware, the Secretary of State for Health and Social Care spoke at the annual conference of the National Pharmacy Association, at which he reiterated his commitment to the sector. The noble Baroness puts it well: pharmacies have something very special and valuable because of their trusted role. We very much want to see an enhanced role for pharmacies in the delivery of healthcare.