Medical Innovation Bill [HL]

Lord Brown of Eaton-under-Heywood Excerpts

Friday 23rd January 2015 Lords Chamber

[Earl Howe]

Of course the Government will consider this carefully. Let me make it clear that I do not want to sound negative about the idea of data gathering. I am the first to recognise that that could be a major advantage of the procedures that my noble friend Lord Saatchi is encouraging within the scope of the Bill. I would not dispute that for a moment. My concern is that to build a further requirement into the test of negligence would be the wrong course to take, because that is how this amendment is framed.

Also, what would be the benefit if we do not engage fully with the medical community to make sure that doctors are able to use any registry that might be created easily and simply? If it does not work for doctors, there will be no benefit—so I think that we need to take longer over this. It is not a case of kicking it into the long grass, but in the time available we have not been able to come up with a precise solution, despite our best endeavours in our discussions with the GMC.

[Lord Brown of Eaton-under-Heywood (CB)]

My Lords, before the Minister finally sits down, does he agree that it would be desirable that any professional requirements of registration should deal not only with innovation,

“under the provisions of this Act”,

but also with innovation that may well be outside the provisions of this Bill but are covered by Bolam and expressly contemplated in Clause 2(1): namely,

“a departure from the existing range of accepted medical treatments”.

That, too, needs to be recorded and registered because it may point the way ahead. As matters stand, that is not within the compass of the proposed amendment to Clause 1.

Perhaps I may further ask the Minister whether he agrees with me that the real purpose of this Bill is to carry Bolam a stage further. Bolam applies if a proposed innovation is,

“a departure from the existing range of accepted medical treatments”,

and is,

“supported by a responsible body of medical opinion”.

Clause 1 of the Bill, as was made plain by the first proposed amendment, deals with a situation where,

“a departure from the existing range of accepted medical treatments”,

may not actually be supported by, but has the respect of,

“a responsible body of medical opinion”.

In other words, the,

“responsible body of medical opinion”,

may not support it, but, taking that into account and having regard to patient safety, none the less respects it and therefore implicitly allows it to go forward as a responsible treatment. That is outside Bolam but within the compass of the Bill.