Health and Care Bill

Lord Borwick Excerpts

Lords Hansard - Part 2 & Committee stage
Wednesday 26th January 2022 Lords Chamber

[Lord Borwick (Con)]

Briefly, I support Amendment 176 from the noble Lord, Lord Hunt. I first declare two interests as a patron of thyroid charities, particularly the Thyroid Trust, whose leader, Mrs Lorraine Williams, has done great work on behalf of patients. I should also declare that I once suffered from Graves’ disease, with an unpredictably hyperactive thyroid gland. This may have been one of the few parts of my body that was hyperactive, but it was surgically removed and, ever since, I have taken daily levothyroxine. However, some patients cannot take levothyroxine but need liothyronine instead. It is a shame that some patients have been unable to get that drug when they need it so badly. I know that the NHS must control total drug costs, but the history of its control of that particular drug has perhaps not been perfect. The fault is originally that of the manufacturer, not the NHS, but it is patients who have suffered. The amendment of the noble Lord, Lord Hunt, would solve this problem.

[Lord Sharkey (LD)]

My Lord’s, I shall speak to Amendments 178 and 240, and I remind the Committee of my interest as chair of the Specialised Healthcare Alliance.

Amendment 178 deals with innovative medicines and medicinal products. The debate on this amendment is very timely, given the recent conclusion of NICE’s review of its methods and processes and the current consultation on the innovative medicines fund. Both the review and the IMF consultation are to be welcomed. It is clear that they will result in improvements in the system of assessing medicines and medicinal products, particularly in respect of analysing and addressing uncertainty and incorporating more real-world evidence into decision-making. However, it is also clear that both the IMF proposals and the outcome of NICE’s review are at risk of falling short of the hopes of many patients, clinicians and the life sciences sector more generally in a number of important ways.

First, there is still a lacuna in NICE’s approach to considering treatments for rare disease. For ultra-rare diseases—those affecting fewer than 1,000 people—NICE retains its highly specialised technologies process. For more common conditions—those affecting more than 25,000 people—NICE has its separate technology appraisal process. But for patients with rare diseases—those affecting between 1,000 and 25,000 people—there is no process, and so treatments for these patients have to be considered instead through the unsuitable technology appraisal process. This gap sets us apart from other countries, such as the more generous ASMR system in France and the AMNOG system in Germany for evaluating rare disease treatments.

It was therefore very disappointing to see that the case for the rare disease modifier was again rejected in NICE’s review. It was rejected on the grounds that society does not value treatments for rare disease more highly than those for more common diseases. Those representing rare-disease patients would contend that the fact is that these treatments are inherently costly. The Government accept this in relation to ultra-rare disease, so why do they not do so for rare disease treatments? I would be grateful if the Minister could address that specific question when he replies.

Secondly, NICE’s own consultation looked favourably on reducing the discount rate at which NICE assesses the future costs and benefits offered by a treatment, saying that such a change

“could make a particularly big difference to some treatments, like gene therapies.”

However, NICE has now said that this change would not be possible, due to the views of “system stakeholders”, and this has disappointed many people. When the Minister replies, I would be grateful if he could expand on what “system stakeholders” really means in this context. Who is NICE talking about and why did it assign conclusive weight to their views?

Thirdly, the system in England still fails to formalise the input of patients and clinical experts in the way that, for example, the SMC in Scotland does through its patient and clinical engagement process.

Finally, proposals for the innovative medicines fund now move far beyond the originally planned narrow focus on autoimmune and rare diseases. This causes some SHCA members to worry that rare diseases will get less attention than originally envisaged.

These proposals fall short of the hoped for bridge between the MHRA’s licensing process—which reforms are speeding up in some cases—and NICE’s reimbursement process. Without such a bridge, earlier licensing will not deliver benefits to NHS patients, and ultimately companies will lose interest in making bespoke licensing applications to the MHRA. The Government’s own figures—the life sciences competitiveness indicators, published by the Office for Life Sciences—demonstrate that it is already the case that the per capita uptake of new medicines remains lower and slower in this country than in comparable countries.

Our Amendment 178 suggests that the Government review the situation by the end of the year, when we will have a good half year of experience of the changes to NICE and the operation of the IMF, and when we will be able to see that the hoped for improvements have materialised. I hope that the Minister will consider this suggestion.

I now turn to Amendment 240, which seeks to probe the Government’s actions to improve awareness of rare diseases among healthcare professionals. There are more than 7,000 rare diseases, and it would clearly be impossible for every healthcare professional to receive training on every single one of them. However, as the Government’s rare disease framework notes, healthcare professionals can improve their awareness of rare diseases more generally, be more alert to considering them and be provided with the educational resources that help them recognise rare diseases in patients. Healthcare professionals can also be better supported to help signpost patients with rare disease to information about their condition and to help them understand it.

In a 2016 survey by Rare Disease UK, it was found that 70% of patients were not provided with sufficient information on their condition following diagnosis, and that 35% of patients given information did not understand the information that they were given.

More recent surveys demonstrated that these challenges continue. The Government’s national conversation on rare diseases in 2019 found that almost one in five people living with a rare condition reported that a lack of healthcare professional awareness of their disease was the number one challenge that they faced, and healthcare professionals themselves identified it as the second biggest challenge they faced behind only the well-known difficulties in obtaining an accurate diagnosis. I accept that healthcare professional regulators can do only so much to make improvements, but it would be helpful to understand from the Minister what steps they might be able to take to help better embed rare disease content in training frameworks.

Finally, there is a wider question of how the Government currently track progress in increasing awareness of rare diseases among healthcare professionals. How do the Government do that? I look forward to the Minister’s reply.

House of Lords: Remote Participation and Hybrid Sittings

Lord Borwick Excerpts

Thursday 20th May 2021 Lords Chamber

[Lord Borwick (Con)]

My Lords, there are so many great and wonderful things about this House that it is hard to identify the changes that have taken place in the last year and their effects. It is a fundamental feature of an engineering project that you should make only one change at a time because otherwise you cannot tell which change caused which effect. We have been forced by this evil virus to change hundreds of things about this great House at the same time. We have expressed our thanks to all those people who have put so much work into achieving those changes, but it is important that when we go back we revert to the last working model rather than developing a brand new type of less than perfect hybrid.

The House has lost many of the great things that make working here such a privilege. Speeches have become assertions rather than arguments. There is no “mood of the House”. There is virtually no gossip, and it seems to me that friendships across the Chamber have become more fragile. We are being watched the whole time by the public whom we serve, as before, but having absolutely none of them present makes all of them more remote. I advocate that we return to the previous way of working in this House of Lords as fast as we reasonably can. We should change back to a self-regulating House from one that follows orders from Public Health England and is then unable to explain or debate those orders.

I feel that there are certain people in the country who have quite enjoyed the lockdown, or perhaps they would say that they disliked it less. We must be careful not to give them the excuse to stay at home if we want the economy to grow and thrive. Certainly, let us learn whatever lessons are available from this extremely expensive virus, but the only way for us to pay off our vast loans is for us to work as hard as possible in our everyday lives.

The country is emerging, perhaps blinking, from these Covid rules, and we should lead it out. The Government have achieved wonderful things, in that there is still an economy to emerge. Some great companies have been forced to close, and we should not forget that it is often the cash-flow stresses of recovery, not shutdown, that cause enterprises to fail. Certainly, we should watch the other place carefully, as I believe that it is hard for us to justify restrictions that have been released there. It is only when Peers are paid to be present here, not paid for work outside, however worthy, that we can approach normality.

[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

Both the noble Baroness, Lady Sheehan, and the noble Lord, Lord Desai, have withdrawn so I call the noble Lord, Lord Lucas.

Brexit Negotiations

Lord Borwick Excerpts

Monday 11th December 2017 Lords Chamber

[Baroness Evans of Bowes Park]

As I have already said, the ability of our courts to ask the ECJ for a view will be voluntary, very narrowly defined and time limited. The courts can choose to ask the ECJ for a legal view on the law in relation to citizens’ rights where there is a point of law that has not arisen before, but our courts will make the final judgment on each case, not the ECJ.

[Lord Borwick (Con)]

My Lords, will my noble friend comment on media reports that the financial settlement outlined in last week’s report is substantially lower than many earlier estimates of what the EU was demanding from us?

[Baroness Evans of Bowes Park]

We have agreed a number of important principles that will apply on how we arrive at valuations in due course. Our commitment, in terms of the numbers that are out there, is the equivalent of around four years’ full membership, two of which will be covered by the implementation period. We have agreed with the EU the scope of the UK’s commitments. The bills cannot go wider than that, and the noble Lord is absolutely right that we expect the settlement to come in significantly below many of the initial projections made.

Air Pollution

Lord Borwick Excerpts

Tuesday 9th June 2015 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, the noble Baroness is right that health is one of the key features of this. It is why Defra is working closely with the Department of Health and with Public Health England and its expert committee. I do not have before me the figures on the costs in terms of health and I will look at that, but it is one of the reasons why this Government and the previous one have committed to spend £2 billion on measures precisely to deal with the two problems with pollutants.

[Lord Borwick (Con)]

My Lords—

[Lord Cunningham of Felling (Lab)]

My Lords—

[The Lord Privy Seal (Baroness Stowell of Beeston) (Con)]

My Lords, I think that sometimes noble Lords just want me to stand up and take control of the situation. We started with the Green Party and we have been going around the Chamber very carefully. If we go around in order then it is the turn of the Conservative Benches and, therefore, my noble friend Lord Borwick.

[Lord Borwick]

My Lords, I declare my interest as a trustee of the British Lung Foundation. Does the Minister agree that the best thing an individual can do to help with this dreadful air pollution problem—other than not driving, which is totally impractical—is to buy a new car? The newest cars are very much cleaner on average than the old ones that we drive.

[Lord Gardiner of Kimble]

My Lords, my noble friend is of course right that we need to encourage the use of the ultra-low emission vehicles. That is why there has been considerable investment in the marketing of low-emission vehicles. Indeed, we in this country are now attracting global investment, with Nissan, which produces the Leaf electric car, duly investing £250 million to build a plant that will help to build the electric black cab. This is all part of the mix of things that we have to do.