Health and Social Care Bill

Countess of Mar Excerpts
Wednesday 8th February 2012

(12 years, 3 months ago)

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Countess of Mar Portrait The Countess of Mar
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My Lords, I too support this amendment very strongly, and I think the Minister knows why.

In my dealings with people with ME/CFS, I have found that many of them have been sectioned and put into wards that I can only describe as barbaric. There was one recent case where the man had a very clear physical illness and he spent nearly nine months in a hospital in Torbay—Torbay, the hospital that has been praised left, right and centre; but its mental ward is not worthy of praise. If the funding is equal for mental and physical treatment, this will somehow redress the balance.

My mother was mentally ill for 17 years and she was treated barbarically by psychiatrists. She was hooked on barbiturates and she was given a leucotomy. I thought those days had gone but we are not far from them with the things that I have seen with ME patients.

Lord Eden of Winton Portrait Lord Eden of Winton
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My Lords, we have listened to many powerful and persuasive speeches. I am tempted to go all the way with those who have advocated the inclusion of this amendment in the Bill, but I take up the words of the noble Baroness, Lady Finlay, who referred to the need for a cultural change. I think all noble Lords would agree that there is the need for a cultural change. I only question whether it is right to try to achieve that change through legislation. Surely what we are seeking to do is to change attitudes and get people to understand that there is no difference between physical and mental illness. For that reason, I think we need to hesitate before including words in legislation. What we need to do is to make people throughout the health service and everyone associated with the administration aware of the fact that there is no difference between physical and mental illness, and that those with mental illness need to be treated on an absolutely level footing with those with physical illness.

Tobacco

Countess of Mar Excerpts
Monday 6th February 2012

(12 years, 3 months ago)

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Earl Howe Portrait Earl Howe
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My Lords, Her Majesty’s Revenue and Customs and the UK Border Agency published a renewed strategy in April last year to tackle the illicit trade in tobacco products. Our tobacco control plan complemented that strategy by stressing the importance of cracking down on illicit tobacco sales, which will in turn reduce tobacco consumption and organised crime, and support legitimate retailers. In fact, the latest figures show that fewer and fewer people are using illicit tobacco. The market for illicit cigarettes was down to 10 per cent in 2010 from 21 per cent in 2000.

Countess of Mar Portrait The Countess of Mar
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My Lords, some years ago I was given a statutory instrument, the Sheep Scab Order, which was dated about 1914 and had an excellent recipe for sheep dip made from tobacco. I wonder whether the current tobacco problem could be relieved by diverting tobacco from smoking to sheep dip.

Earl Howe Portrait Earl Howe
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My Lords, I wonder too.

Health: Children and Young People

Countess of Mar Excerpts
Monday 6th February 2012

(12 years, 3 months ago)

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Earl Howe Portrait Earl Howe
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My Lords, the Secretary of State will retain ultimate accountability for children's health services. Under the Bill, as the noble Baroness knows, the functions will be conferred directly by Parliament on specific organisations. That will strengthen accountability. In answer to the first part of her question, the reform of the health system offers a real opportunity to address some of the well documented challenges that the current system presents. We are moving, through the Bill and through our reforms, to a system that will focus on promoting good health, which we see as important as delivering good care. Informed and expert knowledge will underpin the commissioning of integrated services, where we will measure success on improvements in the outcomes that are achieved. Treatment will be evidence-based and children will be involved in decisions about their care. All these things are embodied in the Bill.

Countess of Mar Portrait The Countess of Mar
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My Lords, recent research at Bristol indicated that as many as one in 100 children who are absent from school long-term suffers from CFS/ME. There is a dearth of centres for the treatment and diagnosis of children with CFS/ME. Does the Minister envisage this improving under the new proposals?

Earl Howe Portrait Earl Howe
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My Lords, it is yet to be decided finally which services will be commissioned at a national level. I cannot give the noble Countess a definitive answer on where services for CFS/ME will be commissioned. However, we are sure that the arrangements will provide much better, more locally responsive ways of commissioning services generally. Whether clinical commissioning groups join together in commissioning services, whether lead commissioners do that or whether commissioning takes place at a higher level, we are clear that in all services this needs to improve.

Health and Social Care Bill

Countess of Mar Excerpts
Wednesday 30th November 2011

(12 years, 6 months ago)

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Amendments 150C and 151 not moved.
Countess of Mar Portrait The Deputy Chairman of Committees (The Countess of Mar)
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Before I call Amendment 152, I have to tell noble Lords that if Amendment 152 is agreed to, I cannot call Amendment 153, in the name of the noble Baroness, Lady Williams of Crosby.

Amendment 152

Tabled by

Health and Social Care Bill

Countess of Mar Excerpts
Monday 7th November 2011

(12 years, 6 months ago)

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Countess of Mar Portrait The Countess of Mar
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My Lords, I support this amendment. If ever there was a case against inequality of treatment, it is for people with ME. I am saying ME rather than ME-CFS because that is too long. The postcode lottery for people with ME has been highlighted in two inquiries by the All-Party Parliamentary Group for ME over the last five years. People are constantly writing to Ministers complaining; the noble Earl himself knows, because I keep complaining about it. In 2002, the Chief Medical Officer announced an award of £8.5 million to set up specialist centres for ME. These have just fizzled out. Once the £8.5 million ring-fence money had been spent, the first thing that was cut was services for people with ME. The trouble is, they are blighted with the distinction of being yuppie flu sufferers—people who swing the lead. They are not: this is more and more often now being proven to be a physical disease with mental side effects, as cancer and MS and a whole lot of other chronic diseases are. It is time the inequality of treatment for people with ME-CFS was obliterated.

Perhaps the worst inequality is in services for children. There are virtually no ME services for children in the UK, particularly children who are bed-bound and housebound, and this is a disgrace on our society. These children—very often high-achieving children—are suddenly struck down; they can no longer have social relationships because they are too ill or too tired to cope; they cannot continue with their education and yet there is no medical attention for them. I am sorry—I am suffering myself at the moment, so I am not being very comprehensive in what I am saying—but it does need to be said that these people need to be looked after. I support the amendment in the name of the noble Lord, Lord Warner.

Baroness Thornton Portrait Baroness Thornton
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Eight noble Lords have amendments down in this group about inequalities. Many of them seek to do the same kinds of thing. I intend to speak to Amendments 22, 25A, 27A—I mention in passing that my noble friend Lord Beecham has his name against Amendment 29—31, 32, 68A, 68B, 69B and 120A.

I will quickly run through these amendments. Amendments 21, 22, 23 and 25 strengthen the duty on the Secretary of State to reduce inequalities in the health service. The Bill currently requires the Secretary of State simply to “have regard to” this need. Amendment 21 says “is required”—the strongest of these amendments—followed by Amendment 22 with “seek”, and Amendment 23 with “act with a view”. Amendment 25A says it is the Secretary of State’s duty to reduce inequalities between people and “between communities” in England. I will return to that in a moment. In Amendment 27A, we on this side are seeking to add detail to the inequalities that the Secretary of State has a duty to reduce. We argue that,

“inequalities in health status, outcomes and experience, … the outcomes achieved … by … those services”,

and,

“ability to access such services”,

must be taken into consideration. My noble friend Lord Beecham has added his name to the amendment in the name of the noble Lord, Lord Rooker. It adds a qualifier to the duty to reduce inequalities:

“to ensure that greater patient choice is not accorded a higher priority than tackling health inequalities”.

Amendment 31 says that, in an instance of a conflict of duties on commissioners or regulators, the duty to reduce inequalities is paramount. Amendment 32 says that, as part of this duty, the Secretary of State must publish comprehensive, publicly available data on the extent to which inequalities have been reduced across the NHS. Amendment 68A says that the duties of the NHS Commissioning Board as to the improvement of public health should be extended to cover the duty to reduce health inequalities. Amendment 68B concerns each local authority having to take steps to reduce health inequalities between people and between communities. Amendment 69B again relates to public health: the Secretary of State must also seek to reduce health inequalities between people and communities. Finally, Amendments 120A, 190A and 190B are about the national health Commissioning Board having a duty to reduce inequalities in health status. Noble Lords will get the theme that is running through here.

Clause 3 places a duty on the Secretary of State to have regard to health inequalities, and that is an aim and aspiration that we would, of course, support. However, the problem with this clause is that that duty is not capable of effective fulfilment. For example, public health analysis and needs assessment require comprehensive area-based population data. This is the basis of the current health system mechanisms for resource allocation and for the commissioning of public health measures designed to prevent or ameliorate systematic inequalities both between groups of residents in an area and across and among areas, with respect to the access of resources, services, and their use and outcomes. Census estimates, adjusted for factors such as age and deprivation, are used as the denominator for the population in such analyses. Our problem with this Bill is—and I would be grateful if the Minister would address this issue—that public health analysis will not be able to be carried out in this way in future because of the proposed shift from area-based PCTs to GP-listed clinical commissioning group structures. Therefore, denominators which allow GP registrations to promote reductions in inequalities might be inherently problematic because of continuous enrolment and disenrolment, which affect accuracy, as does patient selection. The denominator will not be representative of all the people in a geographically bounded area. Without a geographic population focus, it will not be possible to monitor inequalities. I realise that part of these issues is also addressed in amendments needed to Clauses 7 and 10, but they are points which we would like to have addressed here.

Amendments 120A and 190A address the argument that local authorities and clinical commissioning groups should have a duty to reduce inequalities not only in their areas, but also in England. We think this makes sense because, for example, somewhere like Lambeth or Bradford—where I come from—could make huge improvements within area inequalities but still lag miles behind the rest of the country. Amendment 25A calls on the Secretary of State to act to reduce inequalities between people and communities. The word “communities” is important in this context because it speaks to local authorities. Given that public health inequalities are going to be in their jurisdiction, it seems that this is an important matter. Therefore, we would like the Bill to address within-area geographical inequality because it refers to inequalities between groups and communities of groups, not just an individual’s access and receipt of services. We believe that the Government should set out how they intend to use non-legislative levers and incentives to translate the duties in the Bill into practical action and how the NHS will be accountable for progress in reducing health inequalities. Our Amendments 31 and 32 tie in with this. We think we need to understand where those levers will exist, how they will be used and how the Government will measure inequalities.

As noble Lords will realise, Amendments 120B and 190B also arise directly out of the Equality Act and concern individuals and discrimination in the receipt of services. I know the noble Baroness, Lady Greengross, will address Amendment 33, which is tabled in her name. We believe that Amendment 120B addresses the general duties of the national Commissioning Board, which are vital parts of the picture. If the duties to deliver and secure provision of the health service are split between the Secretary of State, the board and CCGs, corresponding duties to reduce inequalities must also be exercised by all three, and these amendments seek to put that in the Bill.

NHS: Medical Records

Countess of Mar Excerpts
Wednesday 7th September 2011

(12 years, 8 months ago)

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Earl Howe Portrait Earl Howe
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The noble Baroness makes a very good point. I said that the top-down approach to local service provision has not worked when it has come to local service provider systems. We think that local requirements are best judged and best met by decisions being taken locally but that does not mean that they will be left on their own. There will be the necessary support from the centre wherever needed. She is again right that the key will be that these local systems must be interoperable.

Countess of Mar Portrait The Countess of Mar
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My Lords—

--- Later in debate ---
Countess of Mar Portrait The Countess of Mar
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My Lords, does the Minister agree that while technology is incredibly beneficial to the National Health Service, we must be wary of people working within the health service depending too much upon technology and ignoring the human aspects of care for people who are in hospital—talking to patients, touching them and holding their hands when they have problems? My recent experiences in hospital have been very unpleasant because people have relied entirely on technology and not listened to what I have had to say.

Earl Howe Portrait Earl Howe
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The noble Countess is of course correct that good patient care is about humane and sensitive treatment by the staff who serve in the National Health Service. At the same time, I think we are all clear that technology has a role to play in enhancing patient safety and improving the quality of care that the good staff of the NHS can deliver.

Abattoirs

Countess of Mar Excerpts
Monday 11th July 2011

(12 years, 10 months ago)

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Earl Howe Portrait Earl Howe
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My Lords, it is certainly the ambition of the agency to move to a more risk-based approach but, as my noble friend will know, that has considerable implications in terms of EU law and it will take some time for such an approach to be worked through. On her second question, I am aware that the agency will discuss tomorrow the findings of the Macdonald taskforce, so it is probably premature for me to say more on that point.

Countess of Mar Portrait The Countess of Mar
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My Lords, I declare my interest as a farmer. Would the noble Earl agree that small and medium-sized abattoirs are essential to our communities? There are serious animal welfare concerns in having to drive animals for miles to gets them slaughtered. The stress on the animals also causes the meat to be not so good. In Worcestershire, we have one abattoir left, and the nearest one to us is in fact in Herefordshire. Do the Government intend to encourage small abattoirs to stay open? Is there any possibility for mobile abattoirs to be developed?

Earl Howe Portrait Earl Howe
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My Lords, smaller abattoirs are extremely important to the rural economy, as the noble Countess rightly says. They are more likely to be rural. The support to be provided to those abattoirs processing up to 5,000 cattle—a higher threshold than was previously proposed—is intended to help preserve the provision of local services to the livestock industry. That will helpfully reduce the impact on small livestock producers, the rural economy, animal welfare and indeed consumer choice. As regards mobile abattoirs, I am not aware what initiatives are being undertaken, although I believe that there are a few around, so it will be necessary for me to seek further advice on that point.

Health: Transmissible Spongiform Encephalopathies

Countess of Mar Excerpts
Monday 13th June 2011

(12 years, 11 months ago)

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Asked By
Countess of Mar Portrait The Countess of Mar
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To ask Her Majesty’s Government what are their proposals for continuing research into human and animal transmissible spongiform encephalopathies.

Earl Howe Portrait The Parliamentary Under-Secretary of State, Department of Health (Earl Howe)
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My Lords, the Government continue to invest considerable funds in this research. I am pleased to note that the risk from BSE has declined significantly, and that cases of variant CJD peaked in 1999 and have declined ever since. The Government intend to continue to fund this research in order to ensure that policies are based on the best possible science and that there is evidence of efficacy, safety and cost-benefit for any measures implemented.

Countess of Mar Portrait The Countess of Mar
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My Lords, I am grateful to the noble Earl for that encouraging reply, because there have been rumours that the TSE research by the Health Protection Agency at Porton Down was to be “downsized”, as they say. Does the noble Earl agree that it is very important that we retain our knowledge acquired since the 1950s, when researchers were looking at scrapie, and that it is rather dangerous to put all our eggs in one basket? We ought to encourage lots of researchers to keep up to date, because these little prions seem to have naughty ways. What is happening to the archives for TSE conditions, which really ought to be called neurodegenerative diseases?

Earl Howe Portrait Earl Howe
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My Lords, the Government are committed to continuing research in TSEs. Many fundamental questions remain unanswered and the research is, by its nature, long term. Considerable funding is provided by a number of bodies—not only the Department of Health, but the Medical Research Council, the Biotechnology and Biological Sciences Research Council, Defra and the Food Standards Agency. The total funding last year was in excess of £20 million, and I should add that the DoH funding is ring-fenced. That funding to key institutions ensures that expertise is maintained and continued in the UK.

As for the archive of research data, I agree with the noble Countess. The Government are committed to this research, as I have mentioned, and to surveillance, so our data and resources will remain accessible through peer-review publication systems for sharing material and through continuing liaison with the research community.

Health: Multiple Sclerosis

Countess of Mar Excerpts
Tuesday 7th June 2011

(12 years, 12 months ago)

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Earl Howe Portrait Earl Howe
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My Lords, I am personally involved with Dame Carol Black in a work stream under the Responsibility Deal, which covers health in the workplace. Under that banner, we are emphasising to employers how important it is to understand the circumstances and needs of employees with a long-term condition. I will, however, go back and see whether I can provide my noble friend with a fuller reply.

Countess of Mar Portrait The Countess of Mar
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My Lords, is the noble Earl aware that today I have received two letters, both from ME sufferers who have long-term neurological conditions? One of them has just been sacked by the National Health Service and the other has just been sacked by local government, for which she works. Can the noble Earl say what protection these people have in their workplace? Neither the NHS nor local government seems to understand that ME is a fluctuating condition and that the disability Acts require employers to make allowances for this.

Earl Howe Portrait Earl Howe
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My Lords, I hope the noble Countess will allow that ME is a different issue from MS. I would be very happy to answer a question on ME on another occasion.

Herbal Medicines

Countess of Mar Excerpts
Thursday 13th January 2011

(13 years, 4 months ago)

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Earl Howe Portrait Earl Howe
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My Lords, that news is a source of pleasure to me and I am sure to the whole House.

Countess of Mar Portrait The Countess of Mar
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My Lords, I concur with the noble Baroness, Lady Sharples, because I do, too. How many people have died from adverse reactions to herbal medicines compared with the number of people who have died from adverse reactions to prescribed drugs?

Earl Howe Portrait Earl Howe
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My Lords, I do not have the figures, but I am aware of a notorious case on the continent some years ago involving adulterated herbal medicines, which resulted in very serious illness for a number of women. Since 2005, the MHRA has identified 282 cases where products typically marketed as herbal or traditional remedies have been found to be adulterated with random quantities of pharmaceutical substances.