Health and Care Bill

Lord Kamall Excerpts
Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, the Government will not oppose the minor and technical amendments tabled by the noble Baronesses, Lady Wheeler and Lady Thornton. We respect the fact that both amendments are necessary to reflect, and are consequential on, the removal of the care-cap metering clause and the reconfigurations clause, respectively, even though the Government are disappointed that noble Lords chose to remove these clauses from the Bill.

Amendment 1 agreed.
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Baroness Penn Portrait Baroness Penn (Con)
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I think that noble Lords may want to make a few remarks before we reach the Question.

Lord Kamall Portrait Lord Kamall (Con)
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Is that me?

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Moved by
Lord Kamall Portrait Lord Kamall
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That the Bill do now pass.

Lord Kamall Portrait Lord Kamall (Con)
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As noble Lords know, I am still learning. I will take a moment to mark the end of the Bill’s passage through your Lordships’ House. Its size reflects the Government’s ambitious agenda for change and the NHS’s requests to help to deliver this change. The Bill intends to strip out needless bureaucracy, improve accountability and enhance integration, and it will form the bedrock for the NHS to build on in years to come.

I will express some words of gratitude. In many ways, the many meetings, the debates and even the late nights during the passage of the Bill have, I believe, shown this House at its best—informed, collaborative and considered. I am grateful to all noble Lords for their intense scrutiny over the nine days of Committee and four days of Report.

I pay tribute to the willingness of noble Lords, right across the House, on all Benches, to engage with me and my officials to find ways to improve the Bill. As well as being grateful to the Labour and Liberal Democrat Front Benches for at times challenging us and at other times agreeing and co-operating, I thank a number of Cross-Bench Peers, including the noble Baronesses, Lady Finlay of Llandaff, Lady Watkins of Tavistock and Lady Hollins, and the noble Lords, Lord Stevens of Birmingham and Lord Patel—who sends his apologies—for their always constructive contributions. I should perhaps also thank noble Lords on the Benches behind me and reflect that the challenge was sometimes from them.

As a relatively new Minister, thrown in at the deep end—your Lordships can see how new I still am from my asking, “Am I on yet?”—I also thank my colleagues on the Government Benches, who have assisted, advised and, I have to admit, consoled me at times throughout the passage of the Bill. I pay tribute to the kind support and advice of my noble friends Lord Howe, Lady Penn and Lady Chisholm of Owlpen.

I also put on record my thanks to the wide range of stakeholders which have engaged with me and many noble Lords, including the NHS Confederation, NHS Providers, the King’s Fund, the Nuffield Trust, the Health Foundation, the Academy of Medical Royal Colleges and the Local Government Association, for their sustained and constructive engagement over several years. I am sure that noble Lords will agree that the Bill is better for all their work.

It would be remiss of me not to pay tribute to the work of colleagues across the NHS, government and the devolved Administrations, who have worked so hard behind the scenes. In particular, I thank my fantastic Bill team and the departmental policy teams supporting them, all of whom have been assiduous, helpful and uncomplaining at all times, despite very long hours. Perhaps I should give a special shout-out to 10 month-old Teddy Povey, son of the Bill team manager. You say that you are getting old when the policemen look younger, but I must say that I felt very old on seeing that the policy officials are getting younger. I pay a special tribute there, on his early introduction to politics.

I thank officials across government, including the Department for Culture, Media and Sport, the Department for Education, the Department for Levelling Up, Housing and Communities, the Ministry of Justice, the Cabinet Office and the Foreign, Commonwealth and Development Office. That shows the sort of cross-government dimension to this Bill.

There is no doubt that your Lordships have improved the Bill. I hope that noble Lords across the Chamber will recognise that the Government have listened, considered and responded positively to suggestions where we were able to. However, I also recognise that there are some areas still to be resolved and where, to use my oft-used phrase one more time, we were unable to close the gap between our positions, including on social care, workforce planning and reconfigurations, on which the House of Commons will want to make its voice heard—and to which we may return in debate. But the areas of disagreement should not overshadow the improvement that all noble Lords have made to the Bill. Together, as a House, we have banned hymenoplasty; introduced a power to create a licensing regime for non-surgical cosmetic procedures; extended the gamete and embryo storage limits; made important commitments to safeguarding children; and strengthened the NHS’s commitment to net zero. On a subject close to my heart and that of my right honourable friend the Secretary of State, we have included specific references to tackling inequalities.

We send to the other place a Health and Care Bill that is improved with its three underpinning principles reinforced: embedding integration, cutting bureaucracy and boosting accountability. I beg to move.

Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, I was rather hoping that we would do one of these. I agree with the Minister that we have improved the Bill; it is a much-improved Bill that we are sending back to the Commons, and I hope that they have the good sense to accept all the wise amendments that this House has made.

I also say to the noble Lord, Lord Kamall, that this is his first Bill, and it has been a baptism of fire for him. It is a very large Bill to cut your teeth on. I think that he has had a bit of a masterclass on legislation and legislative processes, but I compliment him on how he has risen to the occasion and thank the whole ministerial team, including the noble Earl and the noble Baroness, Lady Penn; I was about to call her Baroness Jo-Jo, sorry. I also observe that this is a three-baby Bill. The leader of the Bill team and the noble Baroness, Lady Penn, have had babies, and our adviser who started out on the Bill, Rhian, has also had a baby. That is probably quite unusual in your Lordships’ House.

I say thank you, of course, to my wonderful colleagues, my noble friends Lady Wheeler and Lady Merron, and also to the Labour team behind me, particularly my noble friend Lord Hunt, who has been especially active on the Bill—and very welcome that has been, too. We have worked very well across the House, and we have been very pleased to work with the noble Baroness, Lady Walmsley, as well as the noble Baroness, Lady Brinton, at a distance, and with many colleagues on the Cross Benches. If I start listing them, I know that I shall forget someone, but I need to mention the noble Lord, Lord Patel. He has not been with us for as much of the Bill as he would have liked, but of course his wisdom has been with us all the way through the Bill.

We are sending the Bill back to the other place, and I suspect that we are all going to be busy when it starts pinging and ponging back.

Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022

Lord Kamall Excerpts
Monday 21st March 2022

(2 years ago)

Grand Committee
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Moved by
Lord Kamall Portrait Lord Kamall
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That the Grand Committee do consider the Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, patient safety remains a top priority for the Government, and we continue to place enormous emphasis on making our NHS safer and as safe as possible for patients. This builds on earlier measures including, for example, the first ever patient safety strategy launched by NHS England in 2019. This aims to improve the way the NHS learns from avoidable harm and to create a safety and learning culture across the NHS. However, we know that more work needs to be done.

The First Do No Harm report by my noble friend Lady Cumberlege highlighted and effectively exposed a healthcare system that failed to listen to and disregarded the experiences of women. In my noble friend’s absence, I pay tribute to her for the work and to the review team for their diligence and dedication in conducting the review. I should put on record that my noble friend Lady Cumberlege cannot be with us today but did send her apologies.

The Government published their formal response to the Independent Medicines and Medical Devices Safety Review’s recommendations in July last year, setting out an ambitious programme of change. This included accepting the recommendation to appoint a patient safety commissioner with a remit covering medicines and medical devices. We are making progress towards fulfilling this important commitment. We included provisions in the Medicines and Medical Devices Act 2021 to establish the commissioner and set out their core duties. We also held a public consultation between June and August last year on the detail of the commissioner’s appointment and operation. In January, we started the process to recruit the very first patient safety commissioner. The job advert closed on 1 February and we hope to make an appointment this spring.

As well as establishing the patient safety commissioner, the Medicines and Medical Devices Act allows the Government to make legislative provisions about the appointment and operation of the role. Our public consultation set out nine proposals, covering details such as term of office, reappointment arrangements and remuneration. We are grateful to all those who took the time to engage with our proposals and share their views.

I can inform noble Lords that each proposal was supported by more than half of those who responded, ranging from 59% to 91% of respondents being in agreement. Having considered all the responses carefully, we have laid before the House this statutory instrument that will implement the proposals put forward in our consultation. This instrument will enable the patient safety commissioner to function effectively by providing a clear legislative framework within which they can operate. It allows for the commissioner to serve an initial term of three years. This received strong support during our public consultation, and we believe it provides sufficient time for the postholder to become established and develop the role.

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, the first thing I did when preparing for this debate was to ask the noble Baroness, Lady Cumberlege, if she was content—of course I did. Since her shocking and moving report First Do No Harm, mentioned by the Minister and the noble Baroness, Lady Brinton, and during the passage of the Medicines and Medical Devices Act, there has been active cross-party support for the recommendations in that report and a determination in this House to bring about change. This SI is another step along that path.

As one would expect, the noble Baroness, Lady Cumberlege, is involved in the appointment—and will, I suspect, be involved in the work—of the new commissioner. I join the noble Baroness, Lady Brinton, in asking why we are discussing this SI when action has already been taken. The reason this SI and the commissioner’s job are important is that when people, often at their most vulnerable, put their trust in the hands of healthcare professionals they do so in the expectation, quite rightly, that their safety will be of paramount concern. Sadly, that is sometimes not the case. Even worse, sometimes the patient is not heard. Where those incidents have taken place, patients have been made to jump through hoop after hoop in their fight for recognition and voice. The independent patient safety commissioner will take steps to ensure that patient safety is a top priority and will act as a voice for patients.

There is no question that the noble Baroness’s report was a landmark in the fight to improve patient safety, so I praise her but also honourable and noble Members of both Houses for their work, whether on sodium valproate, Primodos or surgical mesh, who have stood up for the thousands who have suffered because patient safety was not taken seriously enough. My honourable friend Sharon Hodgson MP, for example, was at the forefront of championing these women.

Despite this, there remain several outstanding ways in which this Government could further improve patient safety. I welcome that, in this instance, the Government have taken on board the recommendation to provide an independent patient safety commissioner, but I would like to know from the Minister what progress has been made on the remaining recommendations in the review. I think all are agreed that that full package of reforms is essential.

I would also like the Minister to explain why the tenure is only three rather than five years. I realise that it is allowed to roll over for another term but, when you are setting up a new office with a new role and getting an organisation up and running, three years is too short a time. The Children’s Commissioner has five years. I would be grateful if the Minister could outline how and why that decision was taken.

We welcome the obligation on the commissioner to lay an annual report before each House of Parliament. There is an additional obligation for the commissioner to publish a business plan at the start of each year, which is not mentioned in the SI. What is the point of the commissioner providing a business plan if they are not held accountable for its contents?

Finally, I draw the attention of the Committee to the advisory panel that

“must consist of persons who (taken together) represent a broad range of interests which are relevant to the Commissioner’s functions.”

Will that include the patient voice? Will patients have representation on this board?

Of course, this SI has our support and we welcome it, but the Government should see it as a beginning, not an end.

Lord Kamall Portrait Lord Kamall (Con)
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I am grateful to the noble Baronesses who spoke today. Once again, I would like to echo their gratitude to my noble friend Lady Cumberlege, but I also agree with the noble Baroness, Lady Thornton, that a number of politicians in both places across parties raised a number of these issues. We have read some horrifying stories about some of the victims of the three issues that were raised. They are really heartbreaking in many ways.

My Lords, we are determined to deliver meaningful change in our response to the Independent Medicines and Medical Devices Safety Review. We see the safety commissioner playing a key role in that change. I know there are concerns about the three-year and three-year-plus extension. When I was asking questions, right at the beginning of my awareness of this when I first became a Minister, I was told that three years is standard for a number of offices. So I was interested to hear the noble Baroness, Lady Thornton, talk about the term of the Children’s Commissioner being five years. The initial advice I was given was that three years is standard. There were also some concerns from other quarters about what happens if we appoint an ineffective commissioner; do we then have to wait five years to get rid of them? We think three years is the right balance, but it continues to be a subject of debate and I completely understand that.

I also take on board the point made by the noble Baroness, Lady Brinton, that it is not only about women who have had mesh complications or valproate or the other issue; there will be other issues we come across, but this was set up as a result of the Independent Medicines and Medical Devices Safety Review. We completely agree that patient safety must remain a top priority and we hope that this will not be the only way to improve safety. There is a statutory duty of candour, regulated by the CQC, which requires a trust to tell patients if their safety has been compromised and to apologise. There are protections for whistleblowers and “freedom to speak up” guardians; provisions in the Bill to establish, as the noble Baroness will be aware, the Health Services Safety Investigations Body; the implementation of the first-ever NHS patient safety strategy in 2019 with substantial programmes under way to create safety and learning; the implementation of medical examiners across the NHS as a critical reform, so that all deaths not involving a coroner are scrutinised by an independent medical practitioner; and of course legislation for the patient safety commissioner.

I am also in conversations directly with my noble friend Lady Cumberlege who, quite rightly, keeps pressing the department on the issues of valproate, vaginal mesh and the other issue, where we need some form of redress. I have mentioned to my noble friend where the concerns are and that, if we continue those conversations, I hope to close that gap as much as I can. I make no promises, but I hope noble Lords recognise that I do try to close the gap whenever I can, and I am in constant conversation with my noble friend Lady Cumberlege on that.

On top of this, we hope the patient safety commissioner will play a key role in that change, championing the view of patients in relation to medicines and medical devices. It is not particularly party political; this is important across the House. When the NHS performs brilliantly, of course it should be praised, but when things go wrong, we should find out. That then clearly makes it a patient-centred NHS, but it also means we can learn to make sure we have a better health service in the future. These things should not be swept under the carpet.

We hope the regulations before us will help us support the success of this new role, providing a sensible and clear legal framework within which to operate. In case I have not answered any of the questions, I will read Hansard and try to sweep them up and write to the noble Baronesses. Before that, I commend these regulations to the Committee.

Motion agreed.

Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022

Lord Kamall Excerpts
Monday 21st March 2022

(2 years ago)

Grand Committee
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Moved by
Lord Kamall Portrait Lord Kamall
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That the Grand Committee do consider the Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, the Government’s priority is, as always, to ensure that the high standard of food safety and consumer protection that we enjoy in this country continues to be maintained now that the UK has left the European Union. This instrument follows the 18 EU exit instruments in the field of food and feed safety made during 2019 and 2020. It addresses two deficiencies identified in retained EU law, and provides transitional arrangements for labelling changes introduced as a result of EU exit. Since the instrument is technical in nature, I hope noble Lords will allow me to briefly summarise the changes we are making.

The instrument serves three key functions. First, it will ensure that emergency powers can be applied equally to all food and feed entering Great Britain. Retained EU Regulation 178/2002, on the general principles of food law, provides Ministers with emergency powers to suspend or restrict the placing of food or feed on the market. This can be used where food or feed presents a threat to human health. Legal analysis of Article 53 of that regulation identified that, as worded, it is not possible for a Minister to exercise those emergency powers on third-country food and feed entering Great Britain via Northern Ireland. To correct this operability issue, this proposed regulation includes a technical amendment that will enable all Ministers to apply, equally, the same emergency controls to all food and feed destined for our market. The amendment does not extend the remit or gravity of the controls that may be introduced, but will ensure that emergency controls are exercisable equally across all parts of the UK.

Secondly, the statutory instrument ensures that authorising provisions for feed additives and for GM food and feed authorisations will be made by legislation. Legal analysis of fixed and retained EU law identified that retained law on feed additives and on GM food and feed contained certain omissions. The regulations did not sufficiently make it clear that Ministers’ authorisation decisions will be prescribed in legislation. While this does not prevent Ministers from taking decisions to authorise these products, provision for those decisions to be implemented through legislation makes certain their enforceability in law. It also ensures consistency with other retained EU law in this area.

Thirdly and finally, the amendment provides a period of adjustment for changes to labelling requirements made necessary by EU exit legislation. In preparation for EU exit, changes were made to the legislation on extraction solvents and quick-frozen foods to reflect the fact that the UK would no longer be part of the EU. As a result, relevant food placed on the market is required to be labelled with the name and UK address of the legal person responsible for it, rather than an EU contact and address. This statutory instrument provides a period of adjustment in those sectors, allowing for the continued use of existing labels until 30 September 2022.

I should be clear that this instrument does not introduce any changes that will impact the day-to-day operation of food businesses, nor any new regulatory burden. The essence of the legislation is unchanged. However, it provides benefit for certain businesses by enabling a period of grace in the introduction of labelling changes.

It is also important to note that we have engaged positively with the devolved Administrations throughout the development of the instrument. I take this opportunity to note that their ongoing engagement has been warmly welcomed.

I reassure noble Lords that the overarching aim of this regulation is to provide continuity for businesses and to ensure that high standards of safety and quality for food and feed regulation will continue across the UK. The changes do not affect the essence of existing legislation. Having effective and functional law in this area is key to ensuring the high standards of food safety and consumer protection that we enjoy in this country and to make sure that they are maintained in the immediate and long term. I hope that noble Lords will feel able to support the amendments proposed in this instrument to ensure the continuation of effective food and feed safety and public health controls.

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Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, I am grateful to the Minister for setting out the rationale behind this eminently sensible statutory instrument, which deals with a number of significant technical issues relating to the Food Standards Agency, some of which have come about because of the Northern Ireland protocol. They need to be resolved, and from these Benches we are of course happy to support this statutory instrument.

I add that the Explanatory Memorandum is very helpful in outlining the approach that the FSA is taking. I will just pick up on a few points. First, paragraph 7.7 refers to

“An analysis of the emergency powers for”


food and feed control, which revealed that these powers could not be deployed as effectively as required. I am interested in exploring the context. It would be helpful if the Minister could advise on whether this analysis was through a hypothetical desk-based exercise, or whether the situations referred to actually occurred. For example, did goods identified as presenting a serious threat to human health enter Great Britain through Northern Ireland or did that not happen in reality?

I welcome the clarification that the GM and feed additive authorisations will be dealt with through an SI. It would be helpful if the Minister could confirm whether this will be through the negative or affirmative approach. Also, are there any implications for the Government’s longer-term strategy for GM products, given the recent statutory instrument that changed some of the rules on research and gene-edited crops?

On the issue of labelling, it would also be helpful if the Minister could comment a bit on whether he feels that the date in place is the right one. I say that because the food production sector finds itself under pressure, of course, and we want to ensure that this is a practical step.

Throughout the consultation, the National Farmers’ Union has sought clarification on the UK’s relationship with the European Food Safety Authority. The NFU has stressed the importance of the UK’s close collaboration with the EFSA on equal terms. Can the Minister comment on the Government’s intentions for their relationship with the EFSA in the context of this statutory instrument, given its importance to our food industry? I would be most grateful.

I have a final point to raise. With regard to the consultations, one observation by the sector was about the expectation that these changes to the regulations could be read through in under an hour, such that businesses, regulatory agencies and councils would be able to work out in that short period how to apply the changes to their organisations. I know that this was regarded as somewhat overoptimistic, but has any further thought been given to an assessment of just how easy it will be to work with these regulations? With those comments, I offer our support for these regulations and thank the Minister in advance for the reply that I know he will give.

Lord Kamall Portrait Lord Kamall (Con)
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My Lords, I thank both noble Baronesses for their contributions and for their general positive response. Once again, I can only apologise for the fact that that some provisions are late. That is an issue that I constantly raise internally and I understand the criticisms.

I will try to address as many of the questions asked by the noble Baronesses as I can before I conclude. On the Northern Ireland protocol, one thing we are looking at is the United Kingdom Internal Market Act and its purpose of promoting the functioning of the internal market, given that we have the Northern Ireland protocol. The Act specifically serves to strengthen and maintain Northern Ireland’s position in the UK internal market. In terms of the bigger picture and how the Northern Ireland protocol works in future, we are hoping that will be done via the UK internal market Act, taking account of that protocol.

The SI makes provision for a specific transitional period to allow the industry to use up existing labelling stocks. A period of 12 to 24 months is indicated as being sufficient time to use up labelling stocks; some quick-frozen produce can also have a shelf life of up to two years. However, if there are still concerns from industry, no doubt we will look at them. We are in constant conversation with industry and a whole range of sectors related to health and other issues.

I hope that covers some of the questions that the noble Baroness, Lady Brinton, asked. Once again, if I have not answered all the questions, we will check Hansard and make sure that we sweep up any answers to both noble Baronesses.

The noble Baroness, Lady Merron, asked how the issue was identified. It is hypothetical; nothing has happened, there was no breach of standards. The procedure will be a negative procedure for authorisations. We have had the first group of applications for authorisations, which have progressed through the risk analysis process, and advice has been prepared for Ministers. This amendment is required to empower Ministers to prescribe the authorisation by regulation.

The wider question of the future of GM and gene editing is not considered by this SI, and really it is a matter for the Secretary of State for Environment, Food and Rural Affairs. Of course, if the noble Baronesses want more information, I am very happy to contact that department. For now, the commercial cultivation of gene-edited plants and any food products derived from them will still need to be authorised in accordance with existing GMO rules.

The UK has developed an enhanced risk analysis process, through the FSA, and we will seek close co-ordination with the EFSA. It does not mean we will always align, but it is really important to make sure that we have a strong relationship. Quite often, clearly, the issue of food safety is something that is shared by a number of jurisdictions, not just the UK and the EU, but in fact globally. So we will be looking at that.

In closing, I am grateful for the noble Baronesses’ contributions today. As I have said, if I have not answered questions, I hope, after a quick read of Hansard, I will try to sweep them up. I grateful to the noble Baronesses for their support. We want to make sure that there is a smooth transition for certain businesses in adjusting to the new labelling requirements. I take on board the comments made and I beg to move.

Motion agreed.

Mental Health Services for Rough Sleepers

Lord Kamall Excerpts
Monday 21st March 2022

(2 years ago)

Lords Chamber
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Baroness Morgan of Drefelin Portrait Baroness Morgan of Drefelin
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To ask Her Majesty’s Government what assessment they have made of the effectiveness of the £30 million programme to provide specialist mental health services for people sleeping rough, as detailed in the NHS Long Term Plan; and what plans they have to publish an evaluation of the outcomes of that programme.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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This Government are committed to ending rough sleeping by the end of this Parliament. The long-term plan set a target of 20 high-need areas to receive new specialist mental health provision for people sleeping rough by 2023-24. In fact, the NHS has exceeded that target, with 23 sites. There are plans to share learning from these sites to identify the key successes and effective approaches, and NHS England plans to undertake a formal evaluation before the end of the programme.

Baroness Morgan of Drefelin Portrait Baroness Morgan of Drefelin (CB)
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I thank the Minister for that Answer and look forward very much to the publication of that work. We know that common mental health conditions are twice as high among people who have experienced homelessness, and psychosis is 15 times as high. Obviously, I commend the Government’s commitment to end rough sleeping. Does the Minister know what figure has been settled on for the number of people sleeping rough with specialist mental health services needs? If one has been settled on, is that the criterion that will be used to review progress with the NHS long-term plan when that is refreshed?

Lord Kamall Portrait Lord Kamall (Con)
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I thank the noble Baroness for her Question and for her continued conversations with me on a number of different health-related issues; I am learning quite a lot from those. I understand that the data will be collected at some point, and I hope that that will be done regularly. If the noble Baroness will allow me, I write to her with more details, but I know that the top-level answer to that question is that we are about to get the data.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
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My Lords, about two-thirds of people who are homeless cite alcohol misuse as one of the reasons that first made them homeless, and for about one in 10 people who die homeless, alcohol is the main cause of death. Can the Minister assure us that all this work will include a proper alcohol treatment programme, so that the underlying problems are dealt with in addition to the other mental health problems?

Lord Kamall Portrait Lord Kamall (Con)
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The noble Baroness makes the very important point that a number of people who are homeless suffer from alcoholism and alcohol abuse—and indeed drug abuse. For some of these people, the issues they are suffering from are often interrelated. Therefore, in the joined-up thinking we are looking at, charities, civil society organisations and the NHS are making sure that we treat the various symptoms in an integrated way.

Lord Young of Cookham Portrait Lord Young of Cookham (Con)
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My Lords, given the success of the Everyone In campaign, through which 15,000 rough sleepers were given accommodation to protect them from Covid, does my noble friend agree that that progress must be maintained? Given that many rough sleepers have mental health issues, can my noble friend say whether the specialist funding for mental health services for rough sleepers will be extended beyond the next two years?

Lord Kamall Portrait Lord Kamall (Con)
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I thank my noble friend for raising that important point. The new rough sleeping strategy from the Department for Levelling Up, Housing and Communities will set out how departments will work together to end rough sleeping. This will build on the recent success to which my noble friend refers to ensure that rough sleeping is prevented in the first instance and responded to when it occurs. We are going to work closely with the Department for Levelling Up, Housing and Communities and other departments, as well the voluntary and social enterprise sector and others, to make sure that we are all joined up.

Baroness Tyler of Enfield Portrait Baroness Tyler of Enfield (LD)
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My Lords, the most common health problems among homeless people are substance abuse, as the Minister just mentioned, and mental health problems; often it is a combination of the two. Given this correlation, can the Minister say what the Government are doing to reconnect addiction services with health services in order to treat homeless people with multiple health problems? Does the Minister agree that specialist addiction services should be jointly commissioned by the NHS and local authorities to ensure full integration?

Lord Kamall Portrait Lord Kamall (Con)
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Like many other noble Lords, the noble Baroness has raised a very important aspect of this issue. She is absolutely right that people with drug addiction often have physical and mental health needs as well. Mental health problems and trauma are often central to an individual’s dependence on drugs, alcohol or other forms of abuse. As set out in the drugs strategy, we are working with NHS England to ensure that there is joined-up service provision between specialist mental health services and substance misuse services for people with co-occurring issues, including those who are experiencing rough sleeping. We are also going to make sure that the next phase of integrated care system development includes leadership on drugs and alcohol to integrate both physical and mental healthcare and substance misuse services.

Lord McFall of Alcluith Portrait The Lord Speaker (Lord McFall of Alcluith)
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My Lords, we now have a guaranteed virtual contribution from the noble Lord, Lord Howarth of Newport.

Lord Howarth of Newport Portrait Lord Howarth of Newport (Lab) [V]
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My Lords, I commend to the Minister’s attention, if he is not already aware of it, the work of Art and Homelessness International and its 500 or so member organisations. In working with the NHS and local authorities on ways to support people sleeping rough, will Ministers take into account the impressive evidence that enabling them to engage with creative and cultural programmes— I think of The Choir With No Name, Streetwise Opera, Museum of Homelessness and the work of the Booth Centre—leads to improved well-being, resilience, agency and skills and thus to improved prospects for sustaining tenancies and employment?

Lord Kamall Portrait Lord Kamall (Con)
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I am sure we are all grateful that the noble Lord was able to ask his question on this issue. I pay particular tribute to the noble Lord for all his work and for raising awareness of the creative sector across a whole range of health and social care issues. I am not aware of the projects to which he refers, so I will be happy if he writes to me about them. In a previous political career as a Member of the European Parliament for London, I would meet lots of civil society organisations right across London, including homeless projects, and I was amazed by the diversity of provision. It was not a simple matter: they were tackling a number of different issues because often, the needs of homeless people are complex and there is not just one simple solution to the issue.

Baroness Manzoor Portrait Baroness Manzoor (Con)
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My Lords, my noble friend will know that the people who are still sleeping rough after a year are generally those who started off with mental health problems. What action are the Government taking to prevent people hitting the streets in the first place? Is there a co-ordinated approach with the housing sector?

Lord Kamall Portrait Lord Kamall (Con)
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My noble friend raises the very important issue of prevention. When we look at the causes of homelessness, they are often complex, and we might consider that all of us—including noble Lords, perhaps—are only one or two steps away from homelessness. Someone loses their job, their relationship breaks up and they then lose their home—or it is the other way around: their relationship breaks up and they lose their job, and after a while of relying on a friend’s good will, they stop sleeping on their sofa and they end up homeless. So, it is really important that we understand all the different steps by which people become homeless and make sure not just that they get accommodation but that we tackle the underlying problems that led to them being homeless.

Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, with a health audit by Homeless Link showing that some four out of five people experiencing homelessness need support with their mental health, how will the Government ensure that they get the help they need in areas that do not have the necessary specialist mental health services that are being funded through the long-term plan? Further to this, will the Minister commit to a continued expansion of specialist homeless healthcare services throughout the NHS as part of a renewed rough sleeping strategy?

Lord Kamall Portrait Lord Kamall (Con)
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I thank the noble Baroness for those questions on what are very important issues. Our plans to transform NHS mental health services as part of the long-term plan include investing an additional £2.3 billion a year by 2023-24, which we think will enable an extra 2 million people in England to access NHS-funded mental health support by 2023-24. On targeting much further down, we are hoping that some of the work we do through community mental health frameworks will give 370,000 adults with serious mental illness greater control over their care and support. We have to look at this in a multifaceted way, and we are looking at psychological therapies, improved physical healthcare, access to employment support, trauma-informed care and support for those with self-harm and substance misuse problems. We announced £30 million to establish these specialist mental health provisions, and we want to learn from those to see what the best way is of rolling out more in the future.

Lord Watts Portrait Lord Watts (Lab)
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My Lords, have the Government carried out an analysis of why there has been a massive increase in the number of people rough sleeping on our streets? What does the analysis say, and what are the Government going to do about it?

Lord Kamall Portrait Lord Kamall (Con)
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Indeed, in some measures, the number of rough sleepers in every region of England have actually decreased. There were 2,440 people expected to have been sleeping rough on a single night in autumn 2021, which was an eight-year low. We have also seen some of the problems associated with experiencing homelessness, such as suicide, fall, but that is not a sign to get complacent. That is why we want to roll out this programme. We have exceeded the target of 20, and we will continue rolling it out.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, I thank my friend, the right honourable Member for North Somerset, Liam Fox, who was here earlier; I thank the noble Baroness, Lady Hollins, for introducing the Bill in this place; and I thank all noble Lords for their contributions today.

Many who have spoken today have talked about their experiences of their own contact with people with Down’s syndrome. When I was a child growing up in Edmonton in north London, there were a couple of children in our neighbourhood who I sometimes used to play with who had Down’s syndrome. It is interesting to note that the words we used to describe them in those days would today be considered offensive. It is absolutely right that, as language evolves, we learn how to describe people with different conditions.

On that note, I take this opportunity to thank Rachel Ross from the National Down Syndrome Policy Group for sending me and other noble Lords the appropriate language and terminology. It is important that we get this right, and I know that there is cross-party consensus on that. If noble Lords have not received that, I have a copy in my pack and I will be happy to forward it on to them.

I want to be clear at the beginning that if there are no amendments, the Government will be able to give time to the Bill to support it. I should be clear about that from the start.

We agree on the need to improve life outcomes for people with Down’s syndrome; that case is compelling. It is very common for people with Down’s syndrome to experience compounded health risks compared to the general population. Some noble Lords have made the point that people may have more than one condition. We should be aware of the statistics: nearly half of children born with Down’s syndrome have a heart condition. People with Down’s syndrome face an increased risk of early onset dementia, and the NHS recommend regular check-ups to look for these signs from the age of 30. People with Down’s syndrome are also far more likely to experience recurring infections and become seriously unwell. This can be life threatening. Sadly, although life expectancy has increased, the risk of death for adults with Down’s syndrome can be around five times higher than for the general population. Despite this, people with Down’s syndrome are living longer. In 1983, the average person with Down’s syndrome lived to 25 years old. Life expectancy is now typically around 60 and has increased substantially in recent years.

There are existing legal frameworks in place which require health, care, education and housing authorities to consider a person’s individual needs regardless of their condition. However, there is evidence to suggest they have not always worked as intended for people with Down’s syndrome. That can be due to the lack of understanding or appreciation by commissioners and providers of services of the unique needs of people with Down’s syndrome, reducing the quality of care they receive and their overall life outcomes. For example, children with Down’s syndrome may remember and learn information in different ways from other children. This Bill is a significant opportunity to drive forward important changes, raising understanding and awareness of the needs of people with Down’s syndrome.

For the first time, legislation will require the Secretary of State to produce guidance to health, care, education and housing authorities about how to meet the needs of people with Down’s syndrome. Those authorities must consider the guidance; the relevant authorities will not be able to ignore it, and they must provide strong reasons for not following it. The practical impact of this guidance should not be understated. It will raise awareness and understanding of the needs of people with Down’s syndrome, and it will support authorities to recognise how to adapt services to meet those needs, ensuring that people with Down’s syndrome, their families and carers can get the support they need. That is why the Government support the Bill.

I recognise that there are concerns that a condition-specific Bill may be divisive. I hope that I can gently disagree, but also reassure noble Lords. This Bill is not about enhanced rights for people with Down’s syndrome; it is about making sure these identifiable and unique needs are not overlooked when planning, designing and delivering services. The Government have committed to develop the guidance through inclusive consultation with all interested parties, including some of the organisations named by noble Lords and, of course, people with Down’s syndrome and their families, those operating services and the organisations and individuals that represent people with Down’s syndrome. In the other place, as noble Lords have acknowledged, the Minister of State for Care and Mental Health made a clear commitment that in developing this guidance we will consider the links and similarities that Down’s syndrome has with other conditions. This consultation will make sure that all the available evidence and experiences can be considered to identify what support and interventions will best meet people’s needs.

We anticipate that the guidance will be published within a year of the Bill receiving Royal Assent, should it do so. At that time, Members in the other place and your Lordships will have the opportunity to scrutinise the guidance when it is laid before Parliament. Of course, people with Down’s syndrome and their families need to feel confident that this guidance will not be ignored—that it will result in action, and there will be avenues available to them if they do not believe they are receiving the appropriate care and support. There will be accountability at local level to make sure that this guidance is implemented. The Government made the commitment in the other place that statutory guidance relating to the Health and Care Bill will require ICBs to have a named person overseeing how the guidance is implemented and taken into account in practice.

I reassure your Lordships that this does not restrict the oversight to health and care authorities. ICBs are required to work with local authorities to establish integrated care partnerships, which bring together organisations to decide how to best address public health needs, including housing and education provision. The guidance will be subject to regular review to make sure that it remains current.

If noble Lords will allow me, I shall try to address some of the specific questions that were asked. It is important that I try to answer them. In response to the noble Baroness, Lady Jolly, officials are talking to stakeholders about this Bill, including the Down’s Syndrome Association and the National Down Syndrome Policy Group, to understand how it fits in and alongside wider policy on learning disability. We will keep the guidance under review and expect to update it periodically as policy and practice changes. I hope that this will be living, learning guidance, rather than just something that sits on dusty shelves for years. If we think about how our language and understanding has evolved, of course it is only right that we update that guidance as research increases and we learn more about this condition and other genetic conditions.

I am afraid that the reality is that it is difficult to say when an in-the-round look at services for people with Down’s syndrome was last done. In some ways, the fact that we cannot directly answer the question of the noble Baroness, Lady Jolly, highlights the need for this Bill and to shine a light on this issue. It is through wide consultation that we will determine the appropriate and best practice of this service for people with Down’s syndrome. I hope that noble Lords will contact me, as the Minister responsible, if they are contacted by any organisations which say that they have not been included in the consultation. I know that sometimes, noble Lords kindly apologise for writing to me, but that is my job as the Minister, and I accept that I should be held to account in this place. I hope that noble Lords, if they feel that any organisations are being ignored, will write to me.

The noble Baroness, Lady Bennett, rightly raised concerns, which we have received, regarding how this relates to abortion. For the avoidance of doubt, the Bill is limited to the needs of a person with Down’s syndrome after they are born. This means that it does not address abortion. This Bill gives authority to the Secretary of State to produce statutory guidance which will clarify existing frameworks and practices. Statutory guidance cannot be used to amend primary legislation such as the Abortion Act. By setting out in statutory guidance the steps that would be appropriate for health authorities to take when providing services and support to people with Down’s syndrome and their families, we believe there will be a wider positive impact for expectant parents who are told their unborn baby may have Down’s syndrome. However, the Bill is still about the child after they are born.

I thank my noble friend Lord Farmer for engaging with me on this issue. The Government rightly recognise that people with other conditions may experience similar problems. This is why I reiterate the commitment made by the Minister in the other place that we will consider the overlaps and linkages, as my noble friend Lady Neville-Jones said. We recognise the concern about services prioritising different groups of people in a way which is not focused on assessing people’s needs. I point out that any preference of which noble Lords may be fearful would be unlawful under the Equality Act 2010. The guidance is about making clearer the steps that could be taken to meet the unique needs of people with Down’s syndrome. This is something the guidance could emphasise strongly. We will engage and consult upon this in detail when developing the guidance.

Turning to one of the issues raised by the noble Baroness, Lady Uddin, I hear the concerns expressed about consulting with people with Down’s syndrome and other conditions. We are committed to ensuring that this guidance works, and that it evolves as we learn more. We believe that the best way of addressing this is to do it once the Bill has passed. Issues were also raised about the completion of the SEND review. Unfortunately, it has been delayed due to the pandemic. Also, the pandemic has highlighted some very real issues, and exacerbated some of them. Therefore, even though it is irritating that it has been delayed, it is only right that we take advantage of the light which has been shone upon the exacerbation of those conditions to ensure that we have appropriate guidance.

The Department for Education plan to publish proposals arising from the review of a public consultation by the end of this month. It is important to hear from a wide range of people, including the noble Baroness, Lady Uddin, given her years of experience, as well as the many organisations with which she has worked over the years. I emphasise that this is not about giving preference to people with Down’s syndrome. It is clear that to do so would be illegal under the Equality Act 2010.

In conclusion, I know that there are noble Lords who have concerns about this, and I am grateful to the noble Baroness, Lady Thornton, for her commitment that she will support the Bill. I make a plea to all noble Lords. Given, as my noble friend Lady Neville-Jones said, the time frame and the amount of legislation we trying to get through, if this Bill is amended, it may well fall.

Some of your Lordships may have read the Robert Caro biography of Lyndon B Johnson. In that book, it talks about his amazing career and at the end, one of the things it covers is the 1957 Civil Rights Act. That was criticised by a lot of people for not doing enough. Johnson’s plea to them was, “Let’s take this, bank it and build on it”. That led the way to the 1964 Civil Rights Act. Now I am not saying that I want to equate those Acts in any way with the Bill, but they are about recognising issues that ought to have a spotlight shone upon them.

I therefore make this plea to noble Lords: let us together take this step. Please let us support the noble Baroness, Lady Hollins, for all the work she has done and for the way she has pushed the Government during the Health and Care Bill and highlighted many of these issues. One of the things I find as a Minister in this place is how much I am still learning daily, about not just my portfolio of technology, innovation, life sciences and international relations but the many conditions that people have, and what more we can all do to help them. I hope that noble Lords will feel able to support the noble Baroness, Lady Hollins, and not amend the Bill, otherwise we risk not taking that first step.

Baroness Neville-Jones Portrait Baroness Neville-Jones (Con)
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My Lords, on the basis of what my noble friend the Minister has just said, is he open to further discussion on the Bill between now and Committee? I did ask, but I do not think he said whether he was ready to talk further. I think there are perhaps others in the Chamber who might be interested.

Lord Kamall Portrait Lord Kamall (Con)
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I hope the noble Baroness will not take this personally and I am sorry I forgot to answer that specific question. I am sure noble Lords will recognise that a number of questions were directed at me. I hope they will also recognise that I always try to answer as many questions as I can, and we go through Hansard to make sure that we sweep up afterwards, as it were, and write to noble Lords. I will of course be happy to have further conversations. It may be me or the relevant Minister at other times, but I am very happy to make sure that there is a Minister who will consult with the noble Baroness, and with any other noble Lords who feel that their concerns are not being heard enough; we can make that commitment.

Cigarette Stick Health Warnings Bill [HL]

Lord Kamall Excerpts
Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, I pay tribute to the noble Lord, Lord Young of Cookham, for his tireless efforts and creativity—over many decades, as we have heard—in tackling the negative effects of smoking on the health of individuals and communities. This is a considered and sensible Bill, and we are happy to support it today.

Additional health warnings at the point where people are about to smoke, on cigarettes and cigarette papers, is not a measure for its own sake; it is a further step towards helping to drive down smoking rates and indeed discourage people—especially the young, as the noble Lord referred to—from starting to smoke in the first place. By our doing this, people will have the chance to live longer and have healthier lives, and health inequalities between the richest and the poorest stand a chance of being reduced. For every smoker who dies, there are another 30 who are suffering from serious smoking-related diseases.

Just this week, on Report on the Health and Care Bill, your Lordships’ House voted in favour of a consultation to explore whether the “polluter pays” principle might be effective in the case of tobacco. This Bill seems to chime well with the mood about the direction that smoking legislation in the UK needs to go in. I wish the Bill every success and once again congratulate the noble Lord, Lord Young of Cookham.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, I congratulate my noble friend Lord Young of Cookham on progressing his Private Member’s Bill to this stage and securing this important debate. I am sure the many numbers of people who wish to quit smoking will also be grateful to my noble friend for his long-standing commitment to this cause, as my noble friend himself said, since his time as a Health Minister in the 1980s.

I thank noble Lords for their contributions today and at Second Reading, as well as during the debate on the Health and Care Bill when tobacco controls came up. Your Lordships’ continued engagement highlights how important this issue is and how it will continue to be an important issue for this House.

As I have stated before to this House, the Government are committed to reducing the harms caused by tobacco and are proud of the long-term progress that successive Governments of different parties have made in reducing smoking rates, which are currently, at 13.5%, the lowest on record. However, we cannot be complacent. With nearly 6 million smokers in England, smoking is still one of the largest drivers of health disparities and causes a disproportionate burden on our most disadvantaged families and communities.

I am grateful to noble Lords who have acknowledged that, as part of our plans to make England smoke free by 2030, we have commissioned the independent review into tobacco control, led by Javed Khan OBE. The Khan review has been asked to set up focused policy and regulatory recommendations for the Government on an evidence-led basis, including on what the most impactful interventions could be to reduce the uptake of smoking, particularly among young people, but also about how we support smokers in quitting for good. As my noble friend rightly said, we are hoping that this will be ready by the end of spring this year.

I am grateful to all noble Lords who have met Mr Khan directly, sharing their ideas and allowing him to consider them and the proposal in the Bill among other reforms to encourage smokers to quit. The independent review will both inform the health disparities White Paper and support the development of a robust tobacco control plan. I have been assured—because I know noble Lords are not always keen on the phrase “in due course”—that the White Paper and the tobacco control plan will be published later this year.

Our plans will have a sharp focus on helping to level up society and support disadvantaged groups. As I hope many noble Lords will acknowledge, this Government are committed to tackling disparities. I am sure that noble Lords will probably get tired of the number of times that I have spoken about the Office for Health Improvement and Disparities. We have to tackle those disparities. Where we know that the rates of smoking are highest, we truly want to make smoking a thing of the past. We want to have a healthier population as we build back better from the pandemic.

Once again, I thank my noble friend for this important debate. I thank all noble Lords, and I hope we can all work together to help to make England smoke free by 2030.

Bill passed and sent to the Commons.

Health Protection (Coronavirus, Restrictions) (Self-Isolation etc.) (Revocation) (England) Regulations 2022

Lord Kamall Excerpts
Thursday 17th March 2022

(2 years ago)

Lords Chamber
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Moved by
Lord Kamall Portrait Lord Kamall
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That the Regulations laid before the House on 22 February be approved.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, I understand that there is an amendment to the Motion. Given that, I think it would only be appropriate to allow the noble Baroness, Lady Brinton, to speak first so that I can respond at the end. I beg to move.

Lord Faulkner of Worcester Portrait The Deputy Speaker (Lord Faulkner of Worcester) (Lab)
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My Lords, the noble Baroness, Lady Brinton, is participating remotely.

Amendment to the Motion

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Lord Kamall Portrait Lord Kamall (Con)
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I begin by thanking all noble Lords who have taken part in this debate today, and in the previous debate on this issue last week. I will try to answer the questions posed, some of which were raised again today.

I think we should be clear about one thing: in every government Statement, we have been quite clear that we are not saying that the pandemic is over. I am surprised when people say that we say it is over. Every government Statement says the pandemic is not over, that we need to be aware, and we need to take precautions. We would not have a living with Covid strategy if we believed it was over. I am slightly puzzled when it is claimed that we are telling people that it is over, and it is “Freedom Day”. We have used the term “Freedom Day”, but we have also said it is not over, you have to live with it. We have repeated that, and we have been clear in every message. I am slightly concerned when every time the Secretary of State or I get to the Dispatch Box, we are told that we are giving the impression that it is over. We have a living with Covid strategy precisely for that reason.

Throughout our management of the virus, our strategy has always been about vaccines, therapeutics and antivirals. The successful rollout of this programme has weakened the link between infection and hospitalisation, and between hospitalisation and death. Evidence suggests that the link between infections and progression to severe disease is substantially weaker than in earlier phases of the pandemic. For instance, the numbers of patients in hospital per 100 infections have remained very low over the last few months. The proportion of patients being admitted to intensive care and requiring mechanical ventilation remains lower, with rates declining even when prevalence has increased.

The Government’s approach has always been informed by a wide range of scientific and medical advice. As I said clearly in the debate last week, when I asked one of the modellers about their data, they said that first they give us scenarios, including a worst-case scenario, not because they want us to work towards a worst-case scenario, but because we need to know what we can do to make sure that we do not reach the worst-case scenario. Then I asked about the other considerations, such as mental health, the backlog, and people’s jobs and livelihoods. The modeller said, “Minister, all we do is give you the data on where we think coronavirus is. It is for you, as a Government, to balance all the other competing issues.” That is what we do: we look at the data and we balance it up with other medical data, such as people who have missed diagnoses or operations, the significant mental health issue and the increase in eating disorders, and we have to consider all that in the round. We have to consider the spread of Covid, but at the same time we have weakened the link—and this is widely acknowledged—between catching Covid and hospitalisation, and between hospitalisation and death.

We are also continuing to monitor a number of variants. We have looked at the BA2 variant, which is more transmissible than omicron, and has become the dominant variant in the UK. It is not driven by increased immune evasion and BA2 does not appear to cause more severe disease at the moment, but we are continually monitoring it.

A number of noble Lords asked about surveillance, and due to the reduction in serious illness and deaths we have begun a new phase of living with the virus. We continue to monitor Covid-19 through our world-leading studies such the ONS Covid infection survey, SIREN and Vivaldi, and there were claims in last week’s debate that we had ended some of these, so let me put it on record: we have not ended them. I wish that any claims made were factual. We will also continue genomic sequencing of cases to provide further insights. We thank all the participants for supporting our surveillance work and the UKHSA will maintain the critical surveillance capabilities, including the population-level COVID-19 Infection Survey, genomic sequencing and additional data. This will be augmented by the SIREN and Vivaldi studies.

Previous debates on the coronavirus have not always pointed to this data, but have pointed to other data produced by global, regional and local academic institutions, so there are many sources of data out there. If I may give an analogy, when I used to look at financial services, there were concerns when the American Fed stopped publishing data on M3 as a measure of money. People said, “Why aren’t you doing this?” but academics and other experts were out there, and they were reconstructing M3, so there was no need for the Fed to do it because those experts were able to look at it. This is what is happening in academia and elsewhere; many people are looking at the data, and will continue to do so, and some of their grants are given on this basis.

We will continue to work with public health partners to make sure that people have the information they need. We are quite clear that the GOV.UK guidance was updated to reflect the legal end of self-isolation on 24 February 2022, and we have always been clear that it is not over, and we have to learn to live with Covid. We also expect it to be managed regionally and locally as part of a wider all-hazards approach, using existing health protection frameworks, and we need a continued focus on protecting the settings at highest risk, through local outbreak investigation and management activities led by UKHSA and the existing local health protection frameworks. Local government has been a vital partner in all this and will continue as such. The Government will continue to provide limited symptomatic testing for a small number of at-risk groups, and free symptomatic testing will remain available to social care staff, and we will look at this in more detail.

We will also look at affordability. This is quite right, as disparities have been a constant theme throughout the Health and Care Bill. We want to encourage a thriving private market, and one of the conversations we are having with private providers is to how to make sure it is more affordable. We are also having conversations across government to make sure that we tackle issues of access for those who are poorer. Noble Lords may have different levels of income, but people do buy tablets, and will buy testing, as part of their personal responsibility. Are noble Lords suggesting that we make it free to everyone, or just the very poor? We have to remember that any money spent on giving free tests to those who can afford to pay for them are resources that could be used elsewhere in the health service. We have to focus on tackling this backlog in particular—it is important that we get more people to diagnostic centres.

The noble Baroness, Lady Brinton, asked about the immunosuppressed, and we recognise the importance of this cohort. The noble Baroness and I had meetings with the Anthony Nolan charity, Blood Cancer UK and Kidney Care UK. I understand that on 22 February there was a meeting of the Disability and Health Charities Communication Forum, at which the Anthony Nolan charity, Blood Cancer UK and Kidney Care UK were present, and there was a follow-up meeting on 8 March. These meetings will continue, and the issue of the immunosuppressed is raised with those charities at the meetings, where we talk about communications measures, as well as what we can do to continue to protect those people. I spoke to one of the officials today about their plans, and he told me that the meetings will continue, and in addition they are looking at the idea of inviting the noble Baroness, Lady Brinton, along with the three charities that came to the original meeting, to a further meeting, and after that will discuss whether there should be regular conversations. At government level, the effort is led by Jenny Harries of the UK Health Security Agency. We make sure that there is continued engagement with these vital charities to ensure that those whom the noble Baroness referred to as the clinically extremely vulnerable continue to have the appropriate advice, but also that we are informed about the best way to get that advice out to the many sufferers.

We looked at the data and at the public sector equality duty, and we know that there are issues that we have to look at in further detail, such as health and social care staff getting free testing, and some of the other issues raised today. We are really looking into that to make sure that it is targeted, but I recognise that some people can afford to pay for their testing.

We are having conversations across government on the employment support allowance, statutory sick pay, and where an individual’s income is reduced while they are off work sick. I am not sure of the exact status of those conversations, but we are fully aware of the issues that noble Lords have raised and the provision of further financial support, including universal credit, and hardship funds from local authorities.

Employers are responsible for people who enter their workplace, as has always been the case, but we are quite clear that employers should not ask any workers with Covid-19 to enter the workplace. We must get the right balance between personal responsibility and safety. We have always been clear that it is not over. We must learn to live with Covid. It is not defeated. We are monitoring, with these surveys and outside surveys, the different variants: those which become variants of concern, their severity, and whether we need to scale up some of the measures that we have just scaled down. One of the conversations that I have had was about how quickly we can scale up some of the measures that we are scaling down if there is a significant outbreak or variant of concern. We are aware of it. All this, including the Living with Covid-19 strategy, shows that we are not saying and have never said that this is over. We must simply continue getting the precautions right, getting vaccinated, ventilating shared spaces, wearing a face covering in crowded or enclosed spaces, getting tested if you have Covid-19 symptoms, and staying at home. We are not ignoring the virus.

I end by thanking all the people who have got us to this point: the scientists, the health and social care workers—

Baroness Walmsley Portrait Baroness Walmsley (LD)
- Hansard - - - Excerpts

I am sorry to interrupt the Minister and I thank him for all that information, but is he in a position to answer the question asked by my noble friend Lady Tyler about vaccination of primary age children? There is an awful lot of Covid in primary schools. Vaccinating children was slow to start and the delivery of the programme has been even slower. Perhaps he could tell us something about that.

Lord Kamall Portrait Lord Kamall (Con)
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Yes, I apologise for my enthusiasm to answer.

We have accepted the JCVI advice to offer the vaccine to all children aged five to 11. The advice follows a thorough review by the MHRA, which approved Pfizer’s paediatric vaccine as safe and effective for children aged five to 11. The NHS is also prepared to extend the offer to all children in April, so parents can ensure good protection against potential future waves of Covid-19. Every parent will have the opportunity to make an informed choice. I remember an email from my younger son’s school saying there was a vaccination clinic at the school. Sometimes vaccinations are done in schools, sometimes in an NHS setting, and sometimes in these pop-up centres that we have debated previously. I hope that answers the question asked by the noble Baroness.

I am sure that all noble Lords will want to join me in thanking all the scientists, the health and social care workers, the volunteers, the life sciences industry, and the postal, courier and transport workers, the Uber Eats people—all those who brought stuff to us while we protected ourselves. We have always sought to get the right balance between the safety of the public and keeping the country open. We were criticised sometimes when we went into lockdown and we were criticised sometimes when we came out of lockdown. We have looked at the scientific debate. Whatever you do, there will be scientists who agree with you and scientists who disagree with you. You just have to do the right thing on balance, with all the economic and social factors, as well as all the health factors.

We will continue to monitor the data, listen to scientific advice, build defences and encourage people to get vaccinated. We are always making it clear that it is not too late to get your first and second vaccine. We have targeted community groups, sometimes through faith organisations and sometimes through local community organisations, to reach people who are distrusting of authority, asking who the right people are whom they will trust. We must understand the motivations and why people are not getting vaccinated, rather than tell them that they are silly or complain about them. We must understand and work with them.

I end by saying that we agree with noble Lords who have said that this is not over. We must learn to live with Covid; we must get vaccinated, ventilate shared spaces, wear a face covering in crowded or enclosed spaces, and get tested. Lifting these restrictions does not mean that we are ignoring the virus. We have this Living with Covid-19 strategy, and I welcome all noble Lords’ scrutiny of it and their helpful suggestions. If I have not answered any questions, I will read Hansard and make sure that I sweep up all the other answers.

I hope that I have offered some assurance and answered most questions. I ask the noble Baroness, Lady Brinton, for whom I have incredible respect for her championing of the clinically extremely vulnerable, to withdraw her amendment.

Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2022

Lord Kamall Excerpts
Thursday 17th March 2022

(2 years ago)

Lords Chamber
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Moved by
Lord Kamall Portrait Lord Kamall
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That the draft Regulations laid before the House on 7 February be approved.

Relevant documents: 31st Report from the Secondary Legislation Scrutiny Committee. Considered in Grand Committee on 14 March

Motions agreed.

Health and Care Bill

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Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I was not going to speak, but I am driven to respond to what I have just heard. I first declare an interest as chair of Christian Aid, which works in some 29 countries, most of which have experienced what I call vaccine inequality. We constantly get letters urging us to try to help.

As far as the British Government are concerned, in relation to some of those countries, the money and the way that they have tried to help—which must be acknowledged—certainly with AstraZeneca, there has been a far greater equity coming out. When we had the Kent variant, the Government were very quick to share that information with everybody else. What I think the amendment is asking is that, when the World Health Organization declares a health emergency, if we have information we should make it available immediately.

Secondly, on the question of equity, we have just had a big Commonwealth service in Westminster Abbey and there are particular people—noble Lords may not believe it—who come from those 54 countries of the Commonwealth who still look to the United Kingdom as giving them not only language but the ability to understand the sheer pressure of inequality. I would have thought that this particular amendment would help us to answer some of our supporters out there in the global south by saying that we are very serious, given some of the help that has been provided—though it has not gone far enough; the antivirals and all those drugs have not been given equitably. I therefore ask the Minister to realise that the issue is not whether we have or have not done enough; it is that, if there is a global health emergency—locally and internationally—the Secretary of State is in a better position sometimes to speak and to help those who are struggling and finding it difficult.

Nkrumah said that Ghana would not be free until the rest of Africa was independent, and I believe the same is true now. I have had my double vaccine and my booster, but I am not fully vaccinated until the rest of the world is vaccinated.

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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I thank all noble Lords who have taken part in this debate for the passion they have shown. I think we are all concerned by vaccine inequity—as noble Lords have rightly said, we are getting our third or fourth vaccines while some people have not had their first yet—but we also have to be clear how we get to this stage. It is easy to say, “We spent this much money on public research and that led to the vaccines”, but it is not as simple as that. It may have led to the research but that does not lead to the production of millions of vaccines that can be distributed worldwide. There is a clear difference between pure research and turning that into actual vaccines and, once they are produced, getting them into people’s arms. You can certainly deliver them to countries but they do not always reach the arms. We have heard stories of vaccines being thrown away because of a lack of distribution in particular countries.

The sharing of knowledge has played and will continue to play an important role in the rapid scale-up of Covid vaccine production. The UK Government are very committed to addressing vaccine equity on every front. As the son of people who came from outside the EU—not white, privileged Europe—I believe very strongly in global Britain.

The experience of the pandemic has shown that it is voluntary collaboration that has made real, positive impacts on vaccine delivery. The scale-up of vaccine production at record pace has been driven by more than 300 voluntary partnerships. This unprecedented collaboration around the world has meant that global Covid vaccine production now stands at nearly 1.5 billion doses per month. Voluntary partnerships such as AstraZeneca and the Serum Institute of India, and Pfizer-BioNTech and Biovac in South Africa, show what is possible if you work together.

The intellectual property framework has been crucial in facilitating this knowledge sharing. Indeed, the legal certainty it produces cannot be overstated. It gives innovators the confidence to form partnerships and continue investing in the innovative health products and technologies that have contributed so positively to our global pandemic response. The intellectual property framework similarly supports the production and dissemination of vaccines and other products across the world.

Yes, 97% of the investment in research is public funding, but research is not vaccines. There needs to be a whole chain from that pure research to scaling up and distribution, and universities cannot do that. Waiving intellectual property rights would dismantle the very framework that has facilitated this collaboration. It would undermine not only the knowledge sharing that has helped to develop and produce Covid-19 vaccines at the pace and scale now seen but the framework needed to support the development of new vaccines and treatments, should these be needed in future.

It should also be noted that the least-developed countries are exempt from implementing the Trade-Related Aspects of Intellectual Property Rights—or TRIPS—Agreement, meaning that they already have a de facto TRIPS waiver. In addition, the TRIPS Agreement already provides flexibilities to enable countries to achieve their public health objectives, and we fully support the right of these countries to use these where needed—but you have to build the capacity. Low and middle-income countries can access medicines in times of emergency through flexibilities that allow them to manufacture or import without the consent of the patent holder.

For these reasons, the UK does not consider intellectual property rights a barrier to supplying and improving access to Covid-19 goods. The noble Lord, Lord Russell, can put another £10 in the Christmas bag. Instead, we shall continue to be a visible champion of those elements of the intellectual property framework that support effective knowledge sharing.

The noble Baroness will be aware that we have contributed vaccines through the COVAX scheme—a partnership of the Coalition for Epidemic Preparedness Innovations, Gavi, the Vaccine Alliance, UNICEF and the World Health Organization—but we know that is not enough. As noble Lords have rightly said, we have to learn from what we have done during this pandemic. One part of my ministerial portfolio that I am very proud of is international relations and health diplomacy. A constant theme in my G20 and G7 Health Ministers’ meetings is how we tackle these vaccine inequities and learn the lessons that many noble Lords have rightly raised.

Last week, the British Government hosted the Global Pandemic Preparedness Summit to learn those lessons: to make sure that we brought together all our experiences as countries, learned from those and asked what we could do next time. I was very privileged to host a working lunch with several overseas Health Ministers, as well as Dr Richard Hatchett, CEO of CEPI; Dr Seth Berkley, the Gavi CEO; and Dr Tedros, the director-general of the World Health Organization, sitting next to me. One of the issues that came up in our discussions was, rather than developing and less-developed countries relying on donations via COVAX, how we ensure that, first, there is more local and regional manufacturing of vaccines through public-private partnerships and, secondly, that vaccines get into people’s arms as quickly as possible once they are manufactured or are imported into a country. We need to avoid those situations where vaccines were wasted because they were not stored or transported properly, or where there was difficulty distributing them once inside a country.

With international partners, we are looking at a whole range of issues and new technologies, such as new distribution methods. Some noble Lords may well have read about drones being used to deliver vaccines to certain remote areas. Before using these drones, it is all very well having all these vaccines in the capital, but how do you get them into people’s arms? We have to look at that area. Intellectual property rights are irrelevant here. The fact is that the vaccines are there but you have to get them into people’s arms. We have to train more vaccinators and we need better transport.

We agree that the vaccine supply must be matched by the capacity of health systems to deliver them, and we have been working to strengthen health systems around the world. Our recently launched health systems strengthening position paper sets out this Government’s determination to do more to build overall capacity, from policy through to delivery.

But there are other issues. Just as there are the vaccine-hesitant in this country, there are many vaccine-hesitant people in other countries. Our African vaccine confidence campaign is working with experts in countries such as Botswana, Ghana and Uganda to reinforce communities’ trust and build demand from the ground up. Once again, you can get the vaccines there but you have to get them into people’s arms. We have also been working to minimise constraints on supply chains, such as tariffs. This has been demonstrated by our sponsorship and promotion of the trade and health initiative as well as the unilateral measures we have taken, including tariff suspensions.

We have also provided support for the development of regional manufacturing capabilities. This includes technical support to develop business cases for the manufacture of vaccines in South Africa, Senegal and Morocco. We are working with the COVAX supply chain and manufacturing task force to champion other practical efforts to scale up capacity. We believe that we are doing lots of things with our global partners—with Gavi, CEPI and the World Health Organization.

To be honest, I am incredibly inspired by some of the work that I see going on. This is about building real capacity. It is about transferring knowledge and technology and making sure that we have that capacity. It is about making sure that we live up to global Britain, in which I firmly believe given my own family history—not from white Europe, but from a global perspective. I believe very strongly in that. I believe that waiving intellectual property rights will not help overcome these challenges. I may be passionate about this but I feel very strongly about it. I feel strongly about global Britain. I feel very strongly about my distant relatives who come from developed countries and about my own history, my own heritage. I feel much more strongly about this than noble Lords may well feel.

This is the right approach. I am hugely encouraged by this international co-operation and the potential of new technologies to help. I would be very happy to continue to engage with the noble Baroness. I think we probably share the same passion for making sure that this happens. Given that, I hope she will consider withdrawing her amendment.

Baroness Chakrabarti Portrait Baroness Chakrabarti (Lab)
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I am grateful to all noble Lords who spoke at this late hour, including the Minister. With respect, however, the numbers just do not stack up. I am so glad that the Government have now donated over 30 million shots, but these have almost all been AstraZeneca, which has lower efficacy against the now-dominant omicron variant. Moderna belatedly allocated a mere 110 million shots for a continent—Africa—with an estimated population of 1.3 billion people. Pfizer has allocated only 2% of its global supply to COVAX. We are just not getting enough shots to enough people, and so the variants develop.

I am grateful to everyone and I would happily keep speaking to the Minister, who is always courteous in his responses, but I really do think that it is time to test the opinion of the House.

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Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, I want to thank the noble Lord, Lord Moynihan—along with the noble Baronesses, Lady Morris and Lady Grey-Thompson, and the noble Lord, Lord Addington—for bringing forward this important amendment. It does strike me as strange that the UK does not already have a national plan in place to promote sport, health and well-being. If we are to tackle the acute obesity crisis in this country, a joined-up, forward-looking strategy at a national level is necessary. From these Benches, we support this amendment wholeheartedly. It offers huge potential to tackle obesity, poor mental health and a sedentary lifestyle in a joined-up way that sees people as whole people with different pressures and needs, but with the intention of focusing on prevention. So, I hope the Minister will be able to respond positively tonight.

Lord Kamall Portrait Lord Kamall (Con)
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I begin by thanking the noble Lords who initiated this debate tonight and my noble friend Lord Moynihan, the noble Baronesses, Lady Grey-Thompson and Lady Morris of Yardley, and the noble Lord, Lord Addington, for meeting with me yesterday, and with the Bill team and representatives from the Department for Education and DDCMS. What was really interesting was the experience that all four brought. The noble Baroness, Lady Morris, talked about her experience in government and how it was sometimes difficult to get departments to talk to each other, even though they all seemed to agree. We had two former Olympians, who spoke about their experience of elite sport. But how does that translate into grass-roots sport? How do we make sure we get people active?

What was also really interesting was when we spoke about the 2012 Olympics. Yes, we had them and there was some legacy of redevelopment in east London, but they did not really lead to a legacy when it came to physical activity. How do we make sure we avoid the so-called Wimbledon effect? We all know that effect: around the time of Wimbledon, you cannot get a place on a tennis court, but a few months later it is simple to do so. How do we make sure this is long term?

If you are going to tackle obesity, yes, we can reformulate food and look at other issues such as taxes and negative externalities to discourage the intake of calories. However, you also have to burn off calories at the same time through activity. It does not have to be elite sport. We are not all going to be Olympians—like the two noble Lords here who were—but that should not stop you. All too often, what happens at school level is that if you do not get into a top team, you give up because you are considered not good enough. It does not matter how good you are; it is the activity that counts.

The Government’s recent response to the National Plan for Sport and Recreation Committee report addresses clearly, we believe, the recommendations made in this amendment. I hope that noble Lords will take some reassurance from what I am about to say and the fact that we take this seriously. The Government agree with the committee’s overarching recommendation on the need for an ambitious national plan for sport and physical activity. We are firmly committed to increasing sport participation and physical activity levels, and to ensuring that everyone has access to opportunities to get active. It should not just be about elite sport.

I can confirm that the Government will set out their forward-looking strategy for sport and physical activity later this year. It will look at tackling levels of inactivity as part of our plan for recovery from the pandemic. We hope that this strategy will provide a unified, cross-government approach to driving participation, integrating with Everybody Active, Every Day, the School Sport and Activity Action Plan, and Sport England’s new strategy Uniting the Movement. Of course, while setting out a cross-government strategy will be welcome, it is equally important to set out information on the implementation. I can confirm that the strategy will set out further detail on implementation, including how to harness such action across government and between departments.

The Government understand the concerns that noble Lords have raised and recognise that previous Governments of all parties have not always got it right. They tried—it was not for lack of trying—but it is about the implementation and strategies in this area. However, we believe that lessons have been learned and I hope that our approach will have the intended positive impact.

After the conversation yesterday with noble Lords, during the post-meeting debrief I spoke to the officials from other departments and asked, “How can we make sure that this is truly cross-government?” Let me assure noble Lords that other departments have also been looking at this issue. The Department for Levelling Up, Housing and Communities and the Department for Transport also have important roles in helping to create health-promoting and more active local environments. I reaffirm the Government’s commitment to working cohesively on such actions.

I also assure your Lordships that departments involved in the sport and physical activity strategy take their responsibility to co-ordinate extremely seriously. This is being led by DCMS while, more broadly, the Government understand the utmost importance of getting this right—and we must not lose that. That is why I am delighted by the leadership of the Prime Minister on the Health Promotion Taskforce, supported by the Cabinet Office. That will enable the Government to consider all options open to them. I will come to this in due course.

The Government recognise that it is important to provide updates to both Houses on the progress of the strategy and will publish arrangements for that reporting in the strategy. I also assure noble Lords that the Government invite and welcome the continued scrutiny of plans to address inactivity, to promote sport participation and to improve people’s health through physical activity. Undoubtedly, the relevant committees in the House of Lords and the House of Commons will have an interest in any future strategy and its progress. I am sure noble Lords will also want to continue to ask Questions of Ministers.

We recognise the deep experience of noble Lords in this area and I know that that interest extends to the other place. Only last night, my honourable friend Gillian Keegan, the Minister of State for Care and Mental Health, responded to an adjournment debate on physical activity and health. On that point, I reiterate and acknowledge the benefits and importance of promoting that. We know the gains made in activity levels in some key populations, including women and older adults, before the pandemic have now been reversed, and the Government share the concerns of noble Lords on this matter.

Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2022

Lord Kamall Excerpts
Monday 14th March 2022

(2 years ago)

Grand Committee
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Moved by
Lord Kamall Portrait Lord Kamall
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That the Grand Committee do consider the Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2022.

Relevant document: 31st Report from the Secondary Legislation Scrutiny Committee

Lord Kamall Portrait The Parliamentary Under-Secretary of State, Department of Health and Social Care (Lord Kamall) (Con)
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My Lords, we are here this afternoon to debate two important statutory instruments which will amend provisions in the Human Medicines Regulations 2012 and support our work to ensure continued access to critical vaccines and medicines across the country. The first SI will maintain vital arrangements which have underpinned our vaccination campaigns against flu and Covid-19. The second SI will support our ambitions to ensure that patients with unmet clinical needs can access the innovative treatments they need. I am grateful to be able to debate such important provisions today.

The purpose of the provisions I have laid in the Human Medicines (Coronavirus and Influenza) (Amendment) Regulations—which I will refer to as “the regulations”—is to amend the temporary provisions that cease to have effect on 1 April this year. They support the continued deployment of safe and effective Covid-19 and flu vaccinations at the pace and scale required both now and in the future as part of the pandemic response. This SI amends provisions in the Human Medicines Regulations 2012, SI 2012/1916, originally amended by the Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020, SI 2020/1125, and the Human Medicines (Coronavirus) (Further Amendments) Regulations 2020, SI 2020/1594, either to make permanent or extend by a further two years these key regulatory flexibilities.

There are five provisions before us today, three of which we are seeking to make permanent. The first will enable injectable prescription-only medicines, which includes vaccines, to be given under a patient group direction commissioned by the NHS or a local authority, which effectively expands the workforce of vaccinators. The second will enable pharmacy-led Covid and flu vaccination services to operate outside their registered premises. This has enabled, for example, “pop-up” vaccination clinics to be run by pharmacists at convenient locations for patients, and these have been very successful. The third will add several additional groups of healthcare professionals to those who can administer vaccines under occupational health schemes, thereby expanding the workforce to vaccinate health and care staff. The final two provisions relate to a further temporary extension of easements to licensing requirements for assembly and preparation of vaccines prior to use and sharing of vaccines between sites.

Why do we need this SI? The success of the mass vaccination rollout on the scale and pace that has been possible to date will not continue if the SI is not approved, and the Covid-19 and flu vaccination programmes will not be able to continue running as they currently do. Nor would they be able to be re-established at the pace and scale which has been so vital to our success—for example, in response to the emergence of a new variant, leading to recommendations for an urgent booster campaign.

Approval has been sought and agreed both in the other place and in the Northern Ireland Assembly, and I will now provide the rationale in support of these important provisions in this place. We are debating these provisions today against a completely different backdrop to that which was in place when the key regulatory flexibilities were first made in late 2020. We are now in a position that we should welcome, but we should also be aware that vaccines remain our best line of defence against the virus and to help us to live with Covid. This is the very reason why it is vital to make permanent or temporarily extend these provisions.

The provisions have already proved invaluable by enabling mass vaccination against both Covid-19 and flu to be done as quickly as possible while safeguarding patients and limiting disruption to other NHS services. Patient safety has to be at the heart of any vaccination programme, and it is at the forefront of these provisions.

To improve uptake in areas with low vaccination uptake we have used places of worship as vaccination centres, with many more acting as pop-up venues; provided £22.5 million to fund the community vaccine champions scheme, targeting the 60 local authorities with the lowest vaccine uptake and using local networks to promote accurate health advice; established an army of vaccine ambassadors, speaking 33 languages between them, promoting uptake across the country; and taken the vaccines into the hearts of local communities through initiatives such as vaccination buses and taxis. It is vital that we continue to protect and vaccinate those in our society who are hard to reach and it is really important that we continue to reduce health inequality in vaccine uptake. Making these provisions permanent will enable us to achieve this goal. Indeed, the National Audit Office’s recent report on the rollout of the vaccination programme in England highlighted the balance between central command and control structures and wider empowerment locally. It saw this as a success factor in achieving more than 139 million vaccinations in the 15 months since the programme began.

I turn to the second instrument before us today. We are committed to making sure that individuals suffering from life-threatening or serious debilitating conditions and facing unmet clinical need are able to access the therapies they need. The early access to medicines scheme is a vital tool in supporting such patients to receive innovative new medicines. EAMS, as it is commonly referred to, provides a route for patients to be prescribed medicines that either do not yet have a marketing authorisation or licence, or do not have a marketing authorisation for the medicine to be used for that particular illness. Since 2014, the scheme has benefited hundreds of patients across the country. In England alone, over 1,600 patients have received EAMS medicines since the scheme launched. Their lives have been transformed by the chance to receive vital therapeutics for conditions ranging from cancer to sickle cell disease or severe dermatitis. Putting the scheme on a statutory footing allows us to maximise the benefits it offers to patients, as well as supporting the early development of medicines by innovative manufacturers in the UK.

The provisions we are debating today will deliver three key benefits. First, they will reaffirm in legislation the importance of patient safety within the scheme, putting specific provisions on safety monitoring and risk management on a statutory footing. Secondly, they will reduce the regulatory burden on manufacturers supplying EAMS medicines, making the scheme more visible and easier to use. Thirdly, they will help ensure that information on the real-world use of EAMS medicines can be collected. This will help provide more evidence and more data that can support future decisions about patient access to novel medicines. To summarise, we have the opportunity before us to deliver greater access to safe medicines, as well as supporting the innovation of our life sciences industry for the benefits of patients.

I am bringing forward the first instruments using the powers in the Medicines and Medical Devices Act, allowing us to use effective regulation to provide patients and the public with timely access to critical medicines and vaccines. The provisions in these instruments are incredibly important. They will be in force if mass vaccination campaigns against Covid-19 and flu are necessary again to protect the public and our freedoms. They will also ensure that patients with serious conditions and unmet clinical needs can be offered new, life-changing treatment options.

Lord Lansley Portrait Lord Lansley (Con)
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My Lords, I am glad to have the opportunity of contributing to this debate. If I may, I shall say something about each of the two regulations we are looking at. Before I go down that path, I should declare an interest as vice-chair of the All-Party Parliamentary Group on Vulnerable Groups to Pandemics.

The first regulation is, in a sense, the product of success: we have made a great step forward in the vaccination programme. For the very first time, I tested positive for Covid 10 or 11 days ago—I am negative now, I promise—but it was not remotely worrying and had no serious impact on my health because I had had two vaccinations and a booster. The process in this country, not least the use of pop-up locations, has been rightly envied in many countries around the world. I got my second vaccination in Poets Corner in Westminster Abbey, a particularly pleasant experience.

The point is, however, that we have now arrived at a position where we are living with Covid, which is a tricky thing to do because the numbers of cases are not small. I was just one of them last week, and not in the least bit surprised when the Office for National Statistics said that there was an increasing number of cases because so many people who I knew of were going down with a case of it. Living with Covid is going to be tricky and I suspect we will, from time to time, find ourselves having to resort to a booster programme—perhaps not for everybody, but certainly among the most vulnerable.

The point I make to the Committee today is that, as we move into this very significant new phase of living with Covid, I do not want us to leave behind—or leave out—the small proportion of people who, by reason of being severely immunocompromised, cannot live with Covid. They cannot access or tolerate the vaccines, as they cannot produce the necessary antibodies. If we do nothing about that we will end up with a very small but significant number of people, maybe somewhere between 100,000 or 150,000, for whom the severity of their lack of immune system means that they literally cannot go out and expose themselves to Covid.

I have been asking questions of my noble friend the Minister and I fear there is a bit of confusion here. The Government are in the process of promoting clinical trials for post-exposure prophylaxis as treatments so that, if somebody has the symptoms of Covid, there are antiviral treatments available for them which have significant efficacy. But the trials are all on the basis that their symptoms are detected within three to five days; if they are not, there is a serious risk of severe harm, hospitalisation or even death for this small group of people.

The case I want to put is that the Government should, as other Governments are doing, look at the emergency-use authorisation of pre-exposure prophylaxis. In this instance, it is a drug with the brand name Evusheld. This is an AstraZeneca combination of monoclonal antibodies, the purpose of which is to give protection to people who are severely immunocompromised. I hope it will be apparent to noble Lords that there is the world of difference between pre-exposure and post-exposure prophylactic treatments. The difference is that a sense of confidence is created in the people to whom the pre-exposure prophylaxis has been provided, such that they too stand some chance of living with Covid and of no longer being subject to the isolation and shielding which has otherwise been their unfortunate experience now for two years.

In the data presently available, the efficacy of Evusheld results in an 83% reduced risk of symptomatic disease over a six-month period. That is a very good potential level of efficacy. If we do not do this in the position we are in, many of these people will not feel confident about leaving isolation and not being shielded. They will not rely on the assumption that they would get access to treatments within the time required.

I am hoping that the Medicines and Healthcare products Regulatory Agency is just about to produce a positive, emergency-use authorisation assessment for Evusheld. If my noble friend has any information, that would be very welcome. While I entirely accept that the Government need to have that in place, why are they not negotiating with AstraZeneca to get access to it in a contract that depends, of course, on the availability of the authorisation?

Many countries are doing this. For example, the United States has ordered 1.7 million doses. The French have around 150,000, which is broadly comparable to us and the number we would expect to need; indeed, in France, they have administered 15,000 doses of Evusheld. I notice other countries entering into these contracts almost every day. On Friday, it was Switzerland. As we move into living with Covid, which these regulations support, can we have some confidence that we can supply Evusheld and pre-exposure prophylaxis for this very vulnerable group? That is my first point.

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Baroness Thornton Portrait Baroness Thornton (Lab)
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My Lords, as we know, the Covid-19 pandemic has been the most serious domestic challenge that we have had to face in the post-war era. We know that more than 150,000 people have been lost and we know about the impact on our lives and liberties. It felt to me, having been on these Benches in this position from right at the beginning of it all, that we might never get to this point. A lot has changed in the last few months, however. Thanks to our NHS, our incredible scientists and the British public who have been vaccinated in their millions, we now have several highly effective Covid-19 vaccines and the entire population has been offered the third booster jab. While the virus is still with us—we will discuss that in our next debate—we are without a doubt in a much stronger position than we were back in March 2020. The impact of the vaccination programme cannot be overstated. It has allowed us to reclaim liberties that we were forced to forfeit in 2020, driven down hospitalisations and saved lives.

This statutory instrument continues this good work. It will surprise no one that we do not find it contentious; in fact, it is wholly necessary that the amendments made the human medicines regulations are continued. This SI enables us to continue with mass vaccination campaigns for Covid-19 and influenza, and extends the temporary provisions relating to the manufacturing licences and marketing authorisation. It permanently broadens the healthcare groups that are entitled to administer parenteral vaccines in an NHS or local authority, and enables community pharmacists to deliver flu and Covid vaccines outside their normal premises. These changes are sensible and will ensure that, in any future mass-vaccination rollout, the resources will be available to administer those vaccines.

As I said, Covid has not disappeared. We need to be prepared and ensure that the population remains protected against rising case numbers and possible mutations. We know that one of the issues and challenges we face is how to reduce the health inequalities of vaccine uptake. The under-30s, some of our BAME communities and pregnant women disproportionately make up the 8.5%, I think, of the adult population who remain unvaccinated. I do not think that we can be complacent. I would therefore like the Minister to say what further action the department will take to reduce the inequalities in vaccine uptake, as well as how extending these provisions will enable his department to better tackle vaccine hesitancy. As the noble Lord, Lord Lansley, and the noble Baroness, Lady Brinton, said, we cannot pass by without reference to the clinically vulnerable, clinically extremely vulnerable and immunosuppressed. They continue to seek clarity on vaccination in this extremely concerning time.

We have discussed these issues in the House on several occasions and continue to do so, because those who come into these categories need access to the full weight of what our science can deliver for them, as the noble Lord, Lord Lansley, said. However, they also continue to need access to free tests and appropriate treatment. So facilitating continued access to vaccination is a key pillar of Labour’s “living well with Covid” plan, but we oppose the short-sighted sell-off of our Vaccine Manufacturing and Innovation Centre. I would be grateful if the Minister could outline any further discussions that have taken place with his colleagues on VMIC and whether our vaccine manufacturing capability will be impeded by the ongoing negotiations. However, the message from this side of the Committee is that vaccines are safe and effective, and we must continue to ensure that they are widely and freely available. Only by doing so can we continue to build a world beyond Covid.

Turning to the second statutory instrument in this group, the early access to medicines scheme, managed by the MHRA, has been in place for almost eight years. As we know, it aims to provide patients who have life-threatening or seriously debilitating conditions with access to medicines that are not authorised generally or for the specific clinical use proposed. It provides the necessary regulatory flexibility for medicines that can often be a matter of life and death. As the Minister said, more than 100 medicines have been granted promising innovative medicine status; more than 40 scientific opinions have been awarded in areas with unmet patient need; and 1,600 patients have benefited from EAMS medicine since the scheme’s initial implementation. So we on these Benches absolutely support this SI.

Some pharmaceutical companies have raised the concern that EAMS is not delivering an attractive proposition for industry or the scale of early patient access originally envisaged. Furthermore, concerns have been expressed about a lack of clarity on how to apply for EAMS and how it works in practice. These areas for improvement are outlined in the EAMS independent review, which was published in 2016; I think at least one or two noble Lords have already mentioned it. Although the statutory instrument addresses some of those concerns, there are still a few areas on which we need to seek clarification from the Minister in due course. Placing the scheme on a statutory footing will give pharmaceutical companies and patients the necessary legal clarity. It is good that this SI is clear about the need to continue to protect patient safety and aims to simplify EAMS requirements where feasible. Most notably, this legislation will support the collection of real-world data, which will no doubt incentivise medical innovation. It is also important that the SI makes it clear that patient consent to data collection is not a condition of EAMS supply.

My Labour colleagues in the Commons have been engaging with various charities regarding the antiviral drug Evusheld, which is a preventive antibody treatment for the benefit of people with compromised immune systems who cannot get sufficient antibody boost from vaccines. There seems to have been an awful lot of dither and delay regarding this medication, which has left the previously mentioned CV, CEV and immunocompromised people feeling ignored and very anxious. I would be very grateful if the Minister could clarify this issue, if not now then perhaps in writing. I would also be grateful if he could set out what further actions the DHSC will take to improve knowledge of EAMS within both the health sector and the pharmaceutical industry.

Additionally, there is the wider issue of a complex research to clinical care pathway that the Government need to address. We need to ensure that we remove unnecessary barriers in research and medical innovation. I completely agreed with the noble Lord, Lord Lansley, when he talked about Orbis. He and I are veterans of the Brexit discussions of the past five years, which focused on the importance of having the right kind of access to patients, in the right numbers, to develop genetic and other medicine. I would be grateful if the Minister could talk about that.

I also echo the matter raised by the noble Baroness, Lady Brinton, which she called a “lull”; I have called it a “black hole”. It has been reported that for some pharmaceutical companies there is a black hole in the system once marketing authorisation is granted and EAMS designation falls away, which can leave a gap of several months when no further patients can access a drug as it goes through the NICE financial assessment. Again, this was recognised in the independent review and by pharmaceutical companies and charities, so I would be grateful if the Minister could provide his assessment of this issue and whether the department is considering means to ensure a smoother transition from EAMS to full HTC and NICE approval.

EAMS is a great illustration of the work that can be done when industry works alongside healthcare agencies with patient interests at heart, but we must not take our foot off the pedal. We need to keep working to ensure that cutting-edge research is properly supported and puts the needs of patients first.

Lord Kamall Portrait Lord Kamall (Con)
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I begin by thanking all noble Lords who took part in the discussions today for their detailed questions. I will try to answer as many as I can, but I hope noble Lords will understand that I will write to them if I do not have the answer to hand.

To start with a few of the general remarks made, I thank all noble Lords for welcoming these SIs as well as some of the innovation that we have seen throughout the pandemic and how we have seen the NHS work closely with the department and industry to make sure that we develop suitable vaccines and therapeutics as quickly as possible. My noble friend Lord Lansley was absolutely right to refer to the living with Covid strategy. The reason we have that is to make sure that we are not complacent: it is to remind people that the pandemic is not over. Sometimes people say that we have returned to life before the pandemic, but it is still there and, as noble Lords have rightly expressed, there are new variants that we are keeping an eye on, such as the BA.2 and deltacron variants. The important thing to note is that, compared with the beginning of the pandemic, we have weakened the links between infection and hospitalisation and between hospitalisation and death. Indeed, a number of noble Lords are testament to this fact: they have survived testing positive for coronavirus.

I will try to address some of the specific issues. My noble friend Lord Lansley and the noble Baronesses, Lady Brinton and Lady Thornton, brought up the issue of Evusheld; they are right that it is not currently authorised for use in the United Kingdom. As noble Lords have said, it has been developed as a potential preventive treatment, with AstraZeneca announcing positive interim trial data. However, worldwide, omicron is still the dominant variant, and this trial took place before it emerged, so the therapeutics task force is engaging with AstraZeneca on emerging data and its impact on omicron. This work is ongoing.

A number of people identified previously as clinically extremely vulnerable are well protected after receiving their primary and booster vaccination doses. I am not sure that I have an answer about the fifth dose, but I will find that out and write to noble Lords. Most people who were considered CEV are no longer at substantially greater risk than the general population and are advised to follow the same guidance. In previous meetings that I have had with the noble Baroness, Lady Brinton, I have asked for her to be in direct contact with my officials and others, and I hope that those discussions are helpful. If they are not, I hope that the noble Baroness will let me know so I can intervene to see what more can be done. There remains a small number of people whose immune systems mean that they are at higher risk of serious illness from Covid-19, and enhanced protections, such as those offered by some of these treatments, are being looked at.

My noble friend Lord Lansley also asked about other schemes. As he will be aware, we have the innovative medicines fund and the cancer drugs fund—these are other paths we are looking at. NHS England, NHS Improvement and NICE recently consulted on proposals for the innovative medicines fund and we hope to have an announcement soon. On the Accelerated Access Review and the Accelerated Access Collaborative, we are committed to supporting patient access to these drugs. We created it for this reason and we remain committed to it. In fact, it was part of the Life Sciences Vision that we published in July 2021, and we see it as a crucial part. I understand that some medicine products are expensive to manufacture, and this may limit the schemes’ accessibility in some areas. If my noble friend has specific examples, I am very happy to have further discussions.