Trade Bill

Debate between Lord Freyberg and Baroness Morris of Bolton

Committee stage
Tuesday 13th October 2020 Lords Chamber

[The Deputy Chairman of Committees (Baroness Morris of Bolton) (Con)]

I have received no requests to speak after the Minister so I call the noble Lord, Lord Freyberg.

[Lord Freyberg (CB)]

My Lords, I thank the Minister for his helpful reply. I will take him up on his offer to facilitate further discussions on the Medicines and Medical Devices Bill.

I take the point that the Government prize the privacy, safety and security of citizens above all else, including their data rights, and have not and would never relinquish control of policy-making or regulation in respect of the same. However, the Minister will be aware that the pandemic has given rise to significant emergency powers on healthcare data, which the Secretary of State for Health and Social Care has made plain are required to combat the virus.

He also indicated that the Government mean to retain some of those powers in future, which implies additional responsibilities to steward healthcare data in an ethical manner resting with central government for the foreseeable future. Without Amendment 72, I do not see how the Minister could commit to doing so, since it is clearly necessary for the Government to retain the ability to assess and audit any and every medical algorithm, technology, device and use of data for the delivery of safe, effective and lawful care to their citizens, free from commercial, state or any other limitations on the UK’s sovereign control.

The Minister also mentioned the continuity legislation; as such, provisions to protect the NHS are not required, because existing trade deals already provide such protections. Where such provisions might exist for health and care services, they are distinct from data-driven products in the form of medical devices—which are the subject of a dedicated Bill that is also making its way through Parliament, as the Minister just said—and data-processing services and IT systems for which the NHS has overarching responsibility. The former are widely anticipated to grow in number and novelty as a direct result of the pandemic, and the primacy of patient safety should therefore be reflected in the Bill. The latter are in the news daily—not always for the best reasons. The reliance of the UK economy on them is now such that I am sure the Minister would agree that it is imperative that Her Majesty’s Government retain control of and sovereignty over them.

I shall take back what the Minister has said and reflect on it further. In the meantime, I beg leave to withdraw the amendment.