Pharmacy Opening Hours

Lord Kamall Excerpts
Thursday 20th March 2025

(4 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

I know the noble Lord talked about primary care more generally, but the assessment on pharmacies is that there is quite a good coverage. Some 80% of the population live within a mile of a pharmacy and, as I say, there are other online and not-in-person ways of contacting pharmacies. The Pharmacy Access Scheme provides financial support to pharmacies in areas where there are fewer pharmacies. Local authorities, along with ICBs, continue to monitor changes, look at provision and have the ability to intervene where necessary. On all these counts, in respect of primary care provided through pharmacy, which is so important, we continue to monitor the impact across ICBs. With regard to a particular assessment, I will gladly write with more details to the noble Lord.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, the Minister has rightly talked about some of the alternatives, particularly when hours are limited. Can I ask her about some of the long-term thinking in the department on the future of pharmacy services? We know that some chains, for example, have in-store pharmacies. What thought has been given to more of these partnerships—and also, perhaps, pharmacies as part of future primary healthcare centres? While many people may want a bricks and mortar pharmacy, those who use the NHS app, for example, may be happy to order repeat prescriptions and have them delivered or pick them up from a local location.

Patients are also more open to ideas of online consultation. We have seen Royal Mail trialling delivery by drones in remote areas. There is a whole host of things happening in other sectors that the pharmacy sector and other parts of our health and care sector can learn from. What is the department learning from this innovation in other parts of the economy?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

The noble Lord makes some very constructive points and illustrates further the point that there are many ways to deliver pharmaceutical services. I can assure him that we are exploring how pharmacy can best be positioned—and indeed levered—to fit our ambition for a neighbourhood health service within the NHS 10-year plan. More will be heard about that soon.

The noble Lord will also be aware that one of the challenges that community pharmacies raised with us is about funding, which was cut or held flat between 2015-16 and 2023-24, representing a cut of some 28%. That is why we have concluded the consultation about funding; we will shortly announce the outcome, looking at how these private businesses can operate in the market. We are keen to ensure that they play their part and continue to work very constructively with them.

Covid-19: Day of Reflection

Lord Kamall Excerpts
Thursday 20th March 2025

(4 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, I thank the right reverend Prelate the Bishop of London for securing this debate on this important matter. I thank her and the noble Baroness, Lady Brinton, for their moving remarks about the lessons they feel we ought to learn.

Listening to the moving opening remarks from the right reverend Prelate, I was reminded that we all have experience of losing people during Covid and of grief, or perhaps delayed grief. I will share my own experience, if I may, not for therapy but for reflection. On 20 September 2020, I lost my father-in-law and then, four hours later, I lost my father; my children lost both their grandfathers on the same night. Both of them lived abroad, and so we were not able to grieve in the usual way. We had to watch the funerals, one day after the other, on a WhatsApp video. It was not until July 2022 that I was able to visit my father’s grave in America and break down and cry, and to scatter the ashes of my father-in-law in another country. You realise when you break down and cry the feelings that you had been holding back all these years, and how that has been debilitating in some ways. I had not realised that until that time.

Given that, I want to take the opportunity to express my condolences and sympathy to all those who suffered personally or lost loved ones during the pandemic. I pay tribute to all the wonderful health and care workers who looked after us and those suffering from Covid-19. We should acknowledge the work of public and private sector workers who carried on working to deliver essential services—some of which are not always considered essential services, whether it be driving buses or home delivery. While others were able to isolate quite safely in their own homes, they put themselves at risk.

Noble Lords will be aware that, when in Government, we announced the NHS and social care coronavirus life assurance scheme to protect the families of front-line NHS and social care workers who sadly died while providing essential work. Initially, it was a payment of £60,000 to the families in England, with funding for similar schemes in Scotland, Wales and Northern Ireland, but we felt it was important to increase that level of support to families facing bereavement. Sadly, uptake was not as high as it could have been, and we had to extend the scheme to September 2023 to ensure that more families could benefit.

While money can help in many cases, other types of support are, as the right reverend Prelate and the noble Baroness discussed, important for bereaved people. In 2021, research indicated that, for every Covid-19 death, there were up to nine people affected by bereavement, highlighting the importance of bereavement care. There are those who are still experiencing ongoing bereavement. As I say, it took me two years, and there are others who still have not found closure in their own lives on these issues. It is really important that they continue to receive the necessary support and care.

The world-renowned Mayo Clinic has defined “ongoing bereavement” as when

“feelings of loss are debilitating and don’t improve even after time passes”.

We are often told that time heals all wounds; in many cases, those wounds still have not healed for people. Many of us have lost loved ones or friends, but those with ongoing bereavement find it incredibly difficult and challenging to get on with their daily lives and to do even the simplest things.

Noble Lords may be aware that the very first recommendation of the UK Commission on Covid Commemoration was the introduction of a UK-wide day of reflection, to be held on the first Sunday of March, to commemorate the anniversary of the first lockdown. The report says—I think it is worth repeating—that this is to

“remember and commemorate those who lost their lives since the pandemic began … reflect on the sacrifices made by many, and on the impact of the pandemic on us all … pay tribute to the work of health and social care staff, frontline workers and researchers … appreciate those who volunteered and showed acts of kindness during this unprecedented time”.

I know that in all our faiths there are always references to small acts of kindness, and we saw some amazing acts of kindness throughout, even though it was a horrible time and a time of great grief and uncertainty for many people. We welcome the Government’s decision to continue the commitment of the last Government to commemorate this anniversary. It is important to remember all those who were lost, and the Government should be credited with continuing to recognise this.

One topic I would like to ask the Minister about is bereavement education, which was raised by both the right reverend Prelate and the noble Baroness. As others have said, in many cultures, death may be celebrated or simply accepted as part of the circle of life, with young children attending funerals or ceremonies to understand the inevitability of death. In our culture, we are not so open about these issues. We often do not deal with death until a friend or loved one passes away, especially when it is unexpected.

I sometimes think about the New Orleans funerals: they start off in a very sombre mood, with marching, but then suddenly the mood changes to one of a celebration of a life. I have often said to my wife—I do not envy her, if she survives me—that I want a combination of a Muslim funeral and a New Orleans funeral. I am not sure how that would go down, or whether the imam would appreciate the switch-over. We should celebrate life, and make sure that we remember to discuss death earlier in our lives.

I was a bit worried about making people laugh, because, until now, it felt as though we were at a funeral, but I am very pleased that we can have a laugh. Sometimes people laugh when they celebrate a life; they tell stories and have fond memories of the person who has passed away. That is a wonderful way of making sure that we celebrate people. As the noble Baroness, Lady Brinton, said, faith leaders—indeed, the right reverend Prelate is one herself—are very good at helping families to face grief and bereavement.

What more can be done? On the review of the relationship, sex and health education—RSHE—statutory guidance, can the Minister update the House on whether some thought is being given to include specific content on grief and bereavement education? If not, can she share any current thinking on the options being considered? Both the right reverend Prelate and the noble Baroness discussed the importance of this. Sometimes, it is not very easy to do that in a top-down, government-led way, so how do we create a space to ensure that we talk about these issues? I know it is not an easy subject to tackle, and it needs to be treated with the utmost sensitivity. Anything that the Minister can share with us today, or in writing later, would be gratefully received.

Finally, given the importance of the issues that we have discussed in this debate, can the Minister give the House a firm date for when a response to the UK Commission on Covid Commemoration’s final report will be published?

The subjects we are discussing are part of an understandably complex and sensitive area. We were all touched by Covid, either directly or indirectly. We all lost loved ones or friends, or we heard stories from those who did, and some of us suffered from delayed or extended bereavements. The best thing we can take from the debate is this: let us not forget those who passed away; let us not forget those who are still suffering from the effects of long Covid; and let us not forget those who are still experiencing bereavement.

NHS Dentistry

Lord Kamall Excerpts
Wednesday 19th March 2025

(5 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

There is a cavity that needs filling. I defer to the usual channels, the senior leadership, the leaders of all parties, the Convenor of the Cross Benches, and all the other bodies that decide who should be in this House.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, I say to the noble Baroness that when it comes to comedy, she is doing an excellent job as a Minister.

None Portrait Noble Lords
- Hansard -

Oh!

Lord Kamall Portrait Lord Kamall (Con)
- Hansard - -

I am sorry—I hope she takes that in the way it was intended. She is a wonderful comedian and a wonderful Minister. How about that? Hopefully, I have redeemed myself in the eyes of the Minister.

One of the frustrations of the past on this issue has been the battle between the Treasury and the department over the unit of dental activity—the UDA—as the noble Lord, Lord Rennard, said. That is how much dentists are paid for each patient they see. Can the Minister tell your Lordships about the conversations that her department is having with the Treasury? For example, how willing is it to raise the UDA in dental deserts to encourage local dentists who exist in those areas but do not see NHS patients? What conversations is the department having also with dental charities in the shorter term to help fill some of these gaps?

Safe Housing and Hospital Discharge

Lord Kamall Excerpts
Wednesday 19th March 2025

(5 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

My noble friend has given me an invitation to agree with him. As he knows, it would be quite inappropriate to suggest that integrated care boards are not integrated or about care—that is their focus—but I appreciate his view on the matter. I do agree with him that much good work is done on the health and well-being boards. This all says to me that local decision-making, and local provision for local populations with their particular dimensions and demands, is the best way forward. My final point on this question is that local systems have to agree plans to achieve more timely and effective discharge from hospital, and to work with local authorities to develop those plans.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, NHS data from last month revealed that there are about 13,800 people who are medically fit for discharge, which is up from 12,000 patients awaiting discharge on 1 December. As other noble Lords have said, we know that that causes a bottleneck in hospitals that is not good for patients while they wait to go home. As has been said, one way to reduce that bottleneck is the greater use of virtual wards, allowing people to stay in their home for longer, to be monitored in their home and to receive care. The Minister has answered this question to a certain extent, but can she tell us more about the Government’s overall plan for virtual wards, not just in this case but for physical and mental health care, in order to ensure that we can get more patients out of hospital beds and into their homes, where they can receive the care they deserve and be constantly monitored?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

I am glad that the noble Lord shares my enthusiasm for virtual wards. I shall expand on what they are: they allow people to be not in hospital but in their own home, whether it is their personal home or whether their home happens to be in a care home or some other setting, by the use of technology that allows them to be monitored. I recently saw an excellent example of that, and the liberation that it provides for individuals who would much rather not be in hospital is key. The noble Lord will know that, in the 10-year plan, the move from hospital to community is a key pillar, and we will soon be reporting on that. I certainly share his enthusiasm.

NHS England Update

Lord Kamall Excerpts
Wednesday 19th March 2025

(5 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, no one can really disagree with the intention to reduce unnecessary duplication between the NHS and the Department of Health and Social Care, so these Benches welcome these proposals where they ensure value for money for taxpayers and free up money from bureaucracy to spend on front-line services. One of the many things that many medical staff have complained about is the amount of paperwork. We hope that these reforms and better investment in technology will reduce the time spent on administration. Although administration can be tedious, it provides much-needed data to monitor the level of services and, we hope, to improve patient care. But these changes need to be judged on more than just money; they must make sure that the patient remains at the centre of the conversation when we talk about our system of health and care.

We have had many reforms over the years, and whether these reforms are the right ones can be judged only on what comes next. My noble friend Lord Lansley, who has been much maligned recently, has written that the lesson he learned from the 2012 reforms is that his Government, and subsequent Governments, delivered only one part of the intended reforms—creating NHS England—but did not always intervene when NHS England sought to block other reforms, such as clinically led local commissioning, competition and choice, choice of large-scale commissioning support organisations, tariff reform, “any qualified provider”, and an annual mandate from the Government and Parliament to the NHS, with accountability through the NHS outcomes framework. This, he believes, is what led to the centralised, bureaucratic system that the Government are trying to reform.

Whether noble Lords agree with my noble friend or not, surely the lesson is to have an overall plan for reform and to intervene when a bureaucracy is a barrier to further reform. For this reason, noble Lords look forward to the publication of the 10-year plan. I wonder, at this stage, whether I can tempt the Minister to say whether she is any closer to giving us a date for that 10-year plan. I suspect that these reforms have to be seen in conjunction with the 10-year plan, and cannot be seen in isolation.

Given these lessons, where clinical leaders are calling for greater autonomy from centralised control in order to offer better care for patients at a local level, how do the Government intend to balance centralisation to the DHSC with empowering clinicians and giving them autonomy at a local level? They are better equipped to know what services are needed locally.

I know from my experience of organisational change that it is often not enough to change structures if the organisational culture does not also change. I will give your Lordships an example. I had an operation in Brussels a few years ago, and when I came back to the UK I wanted to have my annual check-up. I contacted a GP and eventually got a double appointment: an ECG at a local health centre, and a consultant phone call a week later. I thought that this was really good and modern. The ECG went smoothly and, a week later, I got a phone call from a junior doctor in the consultant’s office. It was clear that he had not seen the ECG, so I asked him, “Have you seen the ECG?” He said, “No”. I asked, “Can I tell you exactly what time, what day, and where it was, then you can call me back and we can discuss it?” He refused, and said, “I’ll just make a new appointment, including a new ECG”. I wonder what it is in the system that incentivises this sort of behaviour, rather than making that phone call and saving taxpayers an awful lot of money.

Although these changes will save money, which is welcome, can the Minister provide clarity to the House on how these reforms will drive efficiency and cultural change within the health service, and ensure that we improve care, with patients at the centre?

One of the key challenges your Lordships will be aware of when dealing with the NHS is the lack of willingness to own mistakes and accept responsibility. The NHS needs to be better at taking responsibility when targets are missed and things go wrong. Can the Minister assure your Lordships that the new structure the Government propose will have clear lines of responsibility, redress and transparency? Will it allow noble Lords, other politicians and people throughout the country to understand how the NHS is governed, who is responsible for what and how it operates? I look forward to hearing from the Minister, and I hope that we can work constructively, on a cross-party basis, to improve patient outcomes and our system of health and care.

Lord Scriven Portrait Lord Scriven (LD)
- View Speech - Hansard - - - Excerpts

My Lords, the Government, with their sovereign right, propose the abolition of NHS England. Although the method of delivery is a matter for the Secretary of State to propose, governance changes in themselves will not achieve better outcomes. These Benches will continue to point out that chronic operational issues in the NHS cannot and will not be dealt with effectively until the Government show the same speed and determination to deal with the social care crisis. The Minister must know that you cannot have 13,000 hospital beds full of people medically fit for discharge and pretend that a change of who sits in what chairs in the governance of the NHS will solve that issue. When will the Government commit to a timetable to restart the cross-party talks to deal with this important issue?

The paramount—indeed, the sole—objective of any organisational change to the NHS must be demonstrable improvement of patient experience and outcomes. The Government assert that this change will improve efficiency and streamline services. However, assertions alone are insufficient. We require rigorous evidence, not mere conjecture.

Therefore, I am going to ask the Minister five questions. First, and most importantly, what detailed analysis has been conducted on the projected impact of this abolition on patient outcomes? We require more than abstract pronouncements. For instance, how will it improve cancer treatment? What will these changes do to improve access to GP services? How will they improve local integration, particularly when 50% of funding for ICBs will be reduced across the board?

Secondly, what specific legislative changes are required to abolish NHS England and redistribute its functions? I note that the Secretary of State pointed out that the Government could predominantly go ahead with these changes but that legislation is required, so will the Minister explain to the House exactly what legislation will be required to bring about this change? Will she give a commitment that no redundancies will take place until legislation has been passed and these changes have been given the go-ahead by this House and the other House?

Talking of redundancies, my third question is: what are the estimated costs of redundancies associated with the abolition of NHS England, including not only financial implications but the potential loss of expertise and institutional knowledge? Furthermore, will the Minister indicate whether any departing executive has been offered a severance package exceeding statutory redundancy limits and, if so, how many? What justifications are there if such arrangements have been made?

Fourthly, how will the Government ensure continuity of service during the transition period? Any disruption to patient care is unacceptable, so when will there be a robust plan that outlines how essential services will be maintained, how staff will be supported and how the public will be kept informed?

Finally, in line with what the noble Lord, Lord Kamall, said, what mechanisms will be put in place to ensure ongoing accountability and transparency in the newly restructured healthcare system? How will the Government measure success—not just of the times in which people are seen but that these changes have contributed to improvements in patient care? The Government are the custodians of this vital public service and have a duty to ensure that any changes to NHS structures are driven by evidence, guided by principle and focused relentlessly on improving the lives of the people it serves. They must proceed not blindly but with clarity, so I look forward to the Minister’s answers.

Soft Drinks Industry Levy

Lord Kamall Excerpts
Tuesday 18th March 2025

(6 days, 16 hours ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, although sugar taxes and levies are examples of top-down state solutions to tackle obesity, I will ask the Minister about grass-roots, bottom-up solutions. She will know of non-state local civil society projects that work in communities to encourage healthier lifestyles, such as BRITE Box in south London, which offers recipes, ingredients and budgeting advice to help low-income families cook and eat more healthily. Can she tell your Lordships how the department works with such local projects to tackle obesity and how that best practice has spread to other communities? Could she also write to me with a list of some of the projects that her department is aware of, so that all noble Lords could learn a bit more?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

I would be very pleased to write further to the noble Lord on this matter. I pay tribute to all of those community third sector organisations that work in line with government direction to reduce obesity. There are many aspects to this: it is not just about what community organisations can do but, for example, about implementing TV and online advertising restrictions for less healthy food. In all these ways, we will be able to make progress to reduce obesity.

Primary Healthcare Facilities

Lord Kamall Excerpts
Monday 17th March 2025

(1 week ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

We will be providing further details in the national implementation programme, but I can say that neighbourhood health guidelines have already been published to help ICBs, local authorities and health and care providers to continue to progress neighbourhood health. We will trial neighbourhood health centres to bring together a range of services, and others that the noble Baroness refers to, to ensure that healthcare is closer to home and that patients receive the care they deserve when and how they need it.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, we know that the Government are keen to encourage more investment into our national infrastructure—which these Benches welcome. Given that, what conversations are the Department of Health and Social Care and the Treasury having with pension funds and other funds on investing in neighbourhood primary health and care facilities, and indeed in other parts of our system of health and social care?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

Although I cannot give a specific answer to the noble Lord on that point, I will be happy to look into it. As I mentioned earlier, in our discussions with the Ministry of Housing, Communities and Local Government we are, for example, looking at how we can lever greater contributions from developers who are working on new developments, where they will be providing much-needed health services and infrastructure. So we are taking a creative approach because we recognise the need to do more.

Apricity Fertility Closure

Lord Kamall Excerpts
Wednesday 12th March 2025

(1 week, 5 days ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

I agree with the noble Baroness’s observations. The legislation goes back to 1990. We are in 2025, and there has been an advent of many new technologies, techniques and business models—for example, the noble Baroness, Lady Owen, referred to Apricity—that were never imagined just a few years ago, let alone in 1990.

The majority of clinics are privately owned. Many are part of large groups with external finance. Elements of fertility care and associated treatments are increasingly offered online or outside HFEA regulation. There is a huge challenge here. That is why we are in discussion with the HFEA, and we will be in discussion tomorrow.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, the Minister will recall that in 2022 the previous Government published the 10-year Women’s Health Strategy for England. During the consultation process, it came out that access to fertility services differs greatly across the country—possibly one of the reasons that many women went to Apricity in the first place. Part of the solution that was proposed to tackle these disparities was a target to establish women’s health hubs. I understand that the current Government have decided not to go ahead with these women’s health hubs. My question is not why, but how the Government envisage tackling these disparities without women’s health hubs. What is the strategy for doing that?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

Women’s health hubs—which are a huge success and we continue to support and promote them, without any shadow of a doubt—do not deal with fertility treatment in the way this Question is discussing. I gently point out to the noble Lord that, as he rightly said, commitments were made to improve access to fertility services, which is very variable across the country. They were made under the last Government’s women’s health strategy but, regrettably, were not delivered. It now falls to us to look at how we can improve both availability and quality, and to equalise what is available, which is a huge challenge. This continues to concern me.

Autism and Learning Disabilities: Hospital Detention

Lord Kamall Excerpts
Tuesday 11th March 2025

(1 week, 6 days ago)

Lords Chamber
Read Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

The noble Baroness is quite right to raise the fact that at the end of January 2025 there were some 2,065 people with a learning disability, autism, or both, in mental health in-patient settings. The population I referred to is not a static one; there are new admissions every month. We know, for example, that in January 2024, some 10,000 discharges to the community had been undertaken since 2015. So it is not necessarily the same group of people. She will know that funding decisions are made at the appropriate point. Again, this is a matter of great importance to the Mental Health Bill, and we will continue to take that through the House to get it into the best place possible.

Lord Kamall Portrait Lord Kamall (Con)
- View Speech - Hansard - -

My Lords, during the 45 years that this poor autistic lady with learning disabilities was detained and the 25 years she was in segregation, we have had Governments of all political colours, so this is clearly not a political issue. Indeed, I remember the Minister challenging me on such detentions when I was in her place. Given that, are the Government any closer to understanding the barriers that prevent such patients from being released into the community? Rather than assuming that the state always has a solution, have the Government and the NHS had conversations with local community civil society organisations so that they can support these patients once they are released into the community?

Baroness Merron Portrait Baroness Merron (Lab)
- View Speech - Hansard - - - Excerpts

This matter is one of concern on all sides and yes, indeed, we continually have those discussions, because this is not just something for the NHS and social care—the third sector is absolutely key. I have already outlined the measures we are currently taking and the way in which we continue to monitor.

On the question about obstacles, it is about having the right community provision in place and also about having the right pathway and treating people as individuals. Increasingly, that is the case, and a revised Mental Health Act will be a tremendous support in this area.

Food and Feed (Regulated Products) (Amendment, Revocation, Consequential and Transitional Provision) Regulations 2025

Lord Kamall Excerpts
Monday 10th March 2025

(2 weeks ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
The requirement, now to be removed, for secondary legislation was introduced as a result of transposing EU regulations into a UK context at the time of EU exit—so much for reducing red tape as a so-called benefit of Brexit; it has clearly resulted in more red tape rather than less. However, as we have seen today, and as another Member of the Committee mentioned, secondary legislation can be helpful to Parliament as it gives parliamentarians an opportunity to keep themselves informed by scrutinising the issue in detail, hearing from the SLSC and asking Ministers questions, as we are doing today. In future, the onus will be on Parliament to keep itself informed, which will be challenging given the number of issues that cross people’s desks every day. Will the Minister consider whether there is any way in which the FSA could be asked to assist Parliament, such as by laying regular parliamentary Statements about any changes to authorisations every few months? That would help us enormously and avoid us having to do all this.
Lord Kamall Portrait Lord Kamall (Con)
- Hansard - -

My Lords, I welcome the noble Lord, Lord Moraes, to his place. We served together in the European Parliament, of which he was a well-respected member. I thank the Government for sending out so many big guns—I think I count six on the Front Bench in this Room. I will not flatter myself that they are here for me, but I am impressed by how seriously the Government are taking this statutory instrument.

I thank the Government for addressing the concerns of the Secondary Legislation Scrutiny Committee. The noble Baroness, Lady Walmsley, rightly said that questions were not answered, but it is good that the Government were able to address those concerns, and we are grateful for that. Like my noble friends Lady Coffey and Lady McIntosh of Pickering, I think that these Benches generally welcome measures to streamline processes, but I understand potential concerns over the safety and oversight of regulated products. As the saying goes, one person’s safety standards may be another’s red tape. That was something that the noble Baroness, Lady Bennett, alluded to.

We welcome that there was a consultation between April and June 2024. I understand that, while there was broad agreement in principle, there were some concerns and disagreements, which I would like to ask the Minister about today. Before I do that, I shall pick up on the issue of GMOs. Let me clear—I have nothing in principle against GMOs, but for consumers it is important that there is labelling, so that they can make that choice in an informed way. When we were in the European Parliament and negotiating the Transatlantic Trade and Investment Partnership with the US and made the point about labelling GMOs, what was interesting was that the US negotiators would say, “That’s a non-tariff barrier”. If the Government intend to label GMOs, is that an issue that will be brought up in future trade negotiations? The Minister may not be able to answer that immediately, but perhaps she can write to us about it, or ask her colleague who is taking through trade issues at the moment.

The Government claim that these changes will provide businesses with quicker approval times, increasing the return on investment and stimulating innovation. That is of course to be welcomed, but we should always be aware of two things. What happens in the case of negative unintended consequences, and what happens if new evidence comes to light that shows that a product authorised under these terms presents previously unforeseen risks to public health or the environment? That is something that other noble Lords referred to. In a situation where regular renewals are no longer required, can the Minister assure your Lordships if and how products covered by this regulation will be reassessed, if any new data emerges that suggests that they are not as safe as originally thought, especially if these products are already on the market?

I understand that the Food Standards Agency and Food Standards Scotland have the power to conduct evidence-based reviews if new information surfaces, but can the Minister assure us that a less regular review mechanism will not compromise safety? I think that she mentioned the phrase “where necessary”. Can she put more meat on the bone and explain a bit more what that means? What mechanisms are in place to ensure that products remain compliant with safety standards over time? We know that regulation is often outpaced by innovation, so how do the FSA and the FSS plan to stay ahead of new risks or scientific developments with less regular oversight than these renewals once provided?

The second potential concern is that the Government do not appear to have conducted a formal impact assessment of these proposals. Given that these regulations will affect a significant number of products and legislative instruments, could the Minister tell noble Lords whether it is correct that no formal impact assessment was conducted and, if not, why not? Was there an informal impact assessment of any kind, and why was it decided that no formal impact assessment would be needed? Can the Minister assure the public that the full range of potential risks and benefits has been properly assessed?

Finally, as noble Lords may know, I spent 14 years in the European Parliament—not as long as my friend, the noble Lord, Lord Moraes. I was often frustrated by EU regulations, because they were more often than not based on the precautionary principle, or the over-precautionary principle, rather than the innovation principle. It is important that we get the balance between innovation and precaution right—I welcome that. I am not necessarily against divergence between UK and EU regulations, especially when it allows innovation, but could the Minister tell your Lordships what conversations the Government have had with EU counterparts and colleagues in Northern Ireland about the potential impact of these regulations on the Windsor Framework?

Overall, while these Benches welcome the regulations, I hope that the concerns expressed during the consultation, and today by other noble Lords, can be addressed by the Minister.

Baroness Merron Portrait Baroness Merron (Lab)
- Hansard - - - Excerpts

My Lords, I thank noble Lords for their valuable and considered contributions to the debate today. I re-emphasise the main point I made in my opening comments: removing automatic renewal processes and statutory instrument requirements will not lower food safety or standards. I am grateful for the support from the noble Baroness, Lady Coffey, and for her bringing to bear her experience across relevant departments, as well as from the noble Baroness, Lady McIntosh, and the noble Lord, Lord Kamall.

I have heard a number of concerns, including from the noble Baronesses, Lady Bennett and Lady Walmsley. I understand the points made, and I hope that I can reassure them further from my opening comments. I am very happy to follow up where I have not got the ability, time or wherewithal to answer the questions.

The noble Baroness, Lady Coffey, asked about ministerial decision-making and the assertion of the non-discrimination principle. These reforms do not change what is in place to maintain the functioning of the internal market Act. Differences in approach will continue to be managed through the relevant common frameworks. I reassure not only the noble Baroness but other noble Lords that the FSA and the FSS are strongly committed to achieving a four-nation consensus, in line with our commitment to the food and feed safety and hygiene common framework. Decisions by Ministers in England—which will be from the Department of Health and Social Care, to the point brought up by the noble Baroness—as well as Scotland and Wales, will still be required for authorisations in their respective nations.

The noble Baroness, Lady McIntosh, asked about processes that will be followed with the removal of the renewals process. This SI does not change current GMO labelling requirements, which I know was another matter of concern to other noble Lords. Products that contain or consist of GMOs must be clearly labelled as defined in current legislation. Nothing will change in that regard. Following the reforms, businesses will continue to be required to notify the FSA and the FSS, if they have any new information which might affect the suitability of a validated laboratory-based method for the identification, detection and qualification of GMOs, something that the noble Baroness, Lady Bennett, was also concerned with.

To the point about the SLSC, it is suggested that the House may wish to consider the steps proposed to maintain parliamentary oversight. However, proportionate processes are in place for sufficient scrutiny of authorisation decisions, such as public consultation and the publication of safety assessments and authorisations. It is an important point that the authorisation process remains open and transparent. The SLSC recognised that this aligned with the processes used by other UK regulators.