Health and Care Bill

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Lords Hansard - Part 2 & Report stage
Wednesday 16th March 2022

(2 years, 7 months ago)

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Lord Duncan of Springbank Portrait Lord Duncan of Springbank (Con)
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My Lords, I have listened to many remarks this evening. There are three things we must remember. First, this approach was brought in during a time of necessity and it has worked. Not only has it worked but it has worked well. It has worked well for vulnerable groups; it has worked well for the wider community, and we should not lose sight of that fact.

Secondly, as we consider what we must do next, we must recognise that it has worked and, on that basis, we should move towards the next step, which is recognising how we can move this forward. It is not an easy issue; it is late at night, but at the same time, we are building on what has already been done. In so doing, we must recognise what can be done further.

Finally and importantly, there is a much wider issue. Many noble Lords have touched on it this evening. That needs to be addressed in the appropriate place, but it is not tonight. Tonight, we have a very simple amendment. It is a very careful amendment and a very simple extension of what we expect to deliver. On that basis, I hope the House will support the amendment. It is simple, it is straightforward, it is right and it is timely.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, I appreciate the lateness of the hour and, therefore, I want to make just a very few comments.

Without apology, I believe in the sanctity of human life. I believe that it is important to preserve the life of a mother. It is also right to preserve the life of the unborn child. When this measure was originally presented, it was clearly stated that it was an emergency policy introduced because of the unprecedented circumstances of the coronavirus pandemic. The policy was said to be time-limited but many, like me, feared that this was another way of extending abortion on demand. However, many noble Lords accepted that the at-home abortion powers would be exercised only temporarily and be used only for the purpose for which they were granted and in a manner proportionate to the situation. I commend the Government for the actions they took to turn the coronavirus crisis around to the situation we have today. Therefore, continuing the policy is not proportionate, although I did not think it ever was.

At-home abortion endangers the health of the woman and the girl. Consultation revealed that among a number of concerns raised about safety the most common was the risk of women being coerced. I do not think that is an unimportant issue for this House to consider. Therefore, I shall oppose Amendment 183.

Baroness Smith of Newnham Portrait Baroness Smith of Newnham (LD)
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My Lords, I want to intervene briefly, partly because I believe I set a hare running which I perhaps need to explain. I want also to ask the Minister replying to the debate a few questions.

I am told that I am not whipped to vote for this amendment, even though the Liberal Democrat Whip is to support the amendment—those of us who have a conscience reason not to support the amendment do not have to do so. I take that as being not a free vote, which is why I was of the view that, nevertheless, we were being whipped. Make of that what you will. I shall be voting against the amendment, unless the Minister can clarify certain points.

We heard from the noble Baroness, Lady Sugg, in introducing her amendment, and the noble Baroness, Lady Fox, that essentially this amendment changes nothing about the law on abortion. But we have also heard that if that were the case, we would not need this amendment at all. If it changes nothing, why is this amendment here? So it must be changing something. What I am not at all clear about is what protections are actually in place. The 1967 legislation was very tightly drawn. The nature of abortion in 2022 is much more widespread. The provisions are not perhaps quite as Lord Steel would have anticipated.

This is a very detailed amendment. We have heard that it is very simple but it is also very detailed. It explains who women need to see. They are supposed to be seeing people either via video or via telephone. I do not know whether any of your Lordships experienced telemedicine during lockdown, but it is not always very effective. If virtual medicine means a telephone call not on a smartphone, your doctor cannot see you. They have no idea how you are presenting or whether you are vulnerable. There is a real question about what certainty there is. Can the Minister say what security there is about telemedicine?

We also heard that women would still have to go through normal medical tests and so on. Where is this happening? In the amendment, all we hear about is things being virtual. At what point do we know that a woman is nine weeks and six days pregnant when she takes the first tablet? How do we know that she is not actually 22 weeks pregnant and not seen by anybody? How do we know what certainty there is? If this is, for many people, a conscience vote, do noble Lords, in good conscience, believe that telemedicine actually means that women are understood and their needs really recognised? Do they get the care that they would get if they were having consultations in a surgery?

Government Contracts: Randox Laboratories

Lord McCrea of Magherafelt and Cookstown Excerpts
Monday 21st February 2022

(2 years, 8 months ago)

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Lord Kamall Portrait Lord Kamall (Con)
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At the time of the award of the original contract in March 2020, almost no UK supply was available and Randox was able to provide an end-to-end testing service. The department then engaged with a number of suppliers in its effort rapidly to build from scratch the largest testing industry in UK history. That has played an important role in stopping the spread of Covid-19 and saving lives. The service that Randox provided was a very important part of that.

A number of Randox home testing kits were recalled in the summer of 2020 after tests found that swabs were not sterilised. A Public Health England investigation did not find any instances of swabs causing ill health. Randox agreed to provide new Covid-19 self-test kits. The contract was necessary to meet the increase in testing needed. An independent assessment in June 2020 had placed Randox ahead of other laboratories, and Randox was meeting its delivery targets by September 2020. Without Randox, we would not have been able to meet the volume of testing needed over the winter period.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, I declare an interest in that Randox Laboratories is a major employer in a constituency that I represented for 10 years in the other House. It cannot be challenged that Randox Laboratories has been globally recognised in the diagnostics industry over many years. Therefore, can the Minister place on record the Government’s appreciation for firms such as Randox that rose to the health emergency and exercised their best efforts to achieve our unprecedented national effort?

Lord Kamall Portrait Lord Kamall (Con)
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I thank the noble Lord for reminding us of the importance of all the companies that supplied equipment or scaled up at pace or were able to meet the initial requirements. It was a time of panic; thousands were dying, and we did not have equipment. This was a time before the vaccine. The department and its officials tried to speak to as many people as possible around the world to find out what was available, what could be done and what the timescales were. Clearly, as the noble Lord said, Randox played an important role in meeting the testing requirements initially.

Health and Care Bill

Lord McCrea of Magherafelt and Cookstown Excerpts
Lord Bethell Portrait Lord Bethell (Con)
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My Lords, I would like to speak in support of Amendment 297 from my noble friend Lord Forsyth and specifically address the issue of timing that the amendment refers to:

“The Secretary of State must, within the period of 12 months beginning with the day on which this Act is passed, lay before Parliament a draft Bill,”


and so on. I feel competent to address this point because I was asked myself, when I was Minister, whether the Government should support a debate with a Government-supported Bill on this issue. There were five conclusions that I reached during my thoughts on the matter.

The first was that a Private Member’s Bill, however worthy, was just not going to get across the Table. It was like a soggy piece of spaghetti—very difficult to push across. This issue is very complex, and a large amount of consultation is needed, quite rightly on such a delicate issue, that only a Government can engage in. PMBs may be all right for cosmetic fillers, but not for assisted dying.

Secondly, on soundings with the professions, there was clearly a massive change in the sentiments of the medical professions, and the appetite and desire for reform was profound, among both the membership and the leadership. That was something we had to take account of.

Thirdly, reform in like-minded countries such as Canada, New Zealand and even Ireland had changed the international context for this issue. We cannot duck the fact that Britain is actually behind the curve on this matter.

Fourthly, public opinion has moved a long way on this. The noble Baroness, Lady Wheatcroft, referred to this.

Lastly, there was a large amount of interest, privately, among parliamentary colleagues in engaging on this subject, particularly among those who were not necessarily highly focused on the issue.

My conclusion was that the time was right to have this debate. My message to the Minister is that it is right that the inconsistencies and delicacies of this issue are tackled by the Government and soon. In the phrase of TS Eliot in “The Waste Land”:

“HURRY UP PLEASE ITS TIME”.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, I rise to make just a short contribution. I listened carefully to the words of the noble Lord, Lord Forsyth, for whom I have great personal respect. I watched him in another place and saw his great ability in debate, and I have no doubt whatever that he has much to contribute to the debates here in this House and will do so in the future. However, I have to say that I profoundly disagree with him in this case.

The noble Lord said that he had changed his mind on assisted suicide. He mentioned personal circumstances within the family and then he said that he thought about his own personal circumstances if he were in that position. I do not believe that that is the best way to bring legislation forward, based on your own personal circumstances; you are therefore bringing legislation in for the whole country to meet your own personal circumstances. I have empathy with him and understand the personal circumstances he has had to face.

I say to the noble Lord that I come from a different perspective. I have personal experience of the awful pain of the suicide of a loved one. I know what it is for a family member to come to their wits’ end because of their personal circumstances, where cancer had ravaged the whole family circle, even taking a little child of four, and they could not face life any more. Were they terminally ill? I tell your Lordships, they had died within because of their circumstances. Were they mentally competent to make a decision? They made a decision, and I am sad to say that the rest of the family circle has had to live with that awful pain within their hearts.

This is not an easy situation. I understand that we say that we are not talking about the particulars of a Bill, but this amendment says:

“The Secretary of State must, within the period of 12 months beginning with the day on which this Act is passed, lay before Parliament a draft Bill to permit terminally ill, mentally competent adults legally to end their own lives with medical assistance.”


That is certainly assisted suicide. I heard other noble Lords saying that this was simply asking for parliamentary time to have a debate. We had a long debate in this House on the Bill in the name of the noble Baroness, Lady Meacher, which is in fact progressing.

I notice that the noble Lord is shaking his head. I have to ask this question. Numerous Private Members’ Bills are going through this House and are progressing, perhaps at a slow speed. Why is this one different from the others? Do we ask the Government simply to pick this one out and forget about all the rest, or are we saying that they should do it in a timely fashion? Let the Government give this special time to those that are already in that process, and when it comes to the Bill in the name of the noble Baroness, Lady Meacher, time can be given for that to progress and to provide a Bill.

Over these past two years this whole nation has been fighting to save life, not take it. We have spent billions of pounds in trying to do that and I pay tribute to the health service for all its efforts. An assisted suicide law, however well intended, would alter society’s attitude towards the elderly, the seriously ill and the disabled, sending a message that assisted suicide is an option that they ought to consider. Society should not allow a double standard in allowing some people an assisted suicide while we do all we can to prevent young people and other vulnerable groups committing suicide—

Lord Warner Portrait Lord Warner (CB)
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I am sorry to interrupt the noble Lord but is he aware that in all the countries I cited in my speech, parliaments played a facilitating role in changing the law and consulting their citizens on these kinds of changes? Is it not a bit strange that so many English-speaking and non-English-speaking democracies that we all respect managed to go down that path with the help and facilitation of their own parliaments?

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, there is a process that the noble and learned Lord, Lord Mackay, outlined tonight for how this issue could proceed. I believe we should bow to his legal and learned knowledge concerning this matter.

I think society should give everything financially and provide palliative care to those who are in need at the end of life. I trust and pray that this House will send a clear message that we will do everything to ensure people live with decency and honour rather than telling them that we will help them to die.

Baroness Merron Portrait Baroness Merron (Lab)
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My Lords, this debate has probably exposed more that is not resolved rather than what is resolved. Having listened very closely to the passionate, informed and often personal contributions from noble Lords this evening, I feel there was some inevitability that that is where this debate would lie.

I want to touch on the two amendments before us. I am grateful to the noble Baroness, Lady Meacher, for clarifying that Amendment 203 is a probing amendment. I am reminded of when we debated these issues in the previous group where your Lordships’ House had great regard for ensuring that a patient’s final wishes should be respected as a kindness. This allows respect and dignity but is also practical in respect of reducing unplanned hospital admissions and other interventions.

There may well be merit in further consideration of the sentiments in the noble Baroness’s amendment that patients should have the opportunity for meaningful conversation about what matters most to them at the end of their life. Of course, the noble Lord, Lord Carlile, is also right about ensuring protection for those who are more vulnerable, and I am sure that, in the course of further discussions, those considerations will be made.

With regard to Amendment 297 put forward by the noble Lord, Lord Forsyth, obviously your Lordships’ House has heard, as I have, the depth and range of concerns and opinions across this issue. Such an important legislative change as proposed in this amendment would need to be its own topic, in its own Bill. I do not feel that any steps towards such a monumental change should be added via an amendment to a Bill that concerns itself entirely with other matters, as does this Bill.

In conclusion, whatever the views of noble Lords on assisted dying and however strongly held those views are, I believe that your Lordships’ House should do justice to it but that this Bill does not provide that opportunity.

Covid-19: Plan B

Lord McCrea of Magherafelt and Cookstown Excerpts
Wednesday 20th October 2021

(3 years ago)

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Lord Kamall Portrait Lord Kamall (Con)
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I thank the noble Baroness for pointing out the important issue that there is a trade-off. There are some who continue to argue against moving to plan B, and it is important that we assess the balance of arguments. There are trade-offs within health itself. There will be some patients who will be concerned about plan B because of how it will affect their access to healthcare, and there are other, wider societal factors.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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My Lords, will the Minister ensure that before any change in government policy, whether it be plan B or any other changes, there will be proper consultation with the devolved Administrations?

NHS: Hospital Visiting

Lord McCrea of Magherafelt and Cookstown Excerpts
Wednesday 15th September 2021

(3 years, 1 month ago)

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Lord Bethell Portrait Lord Bethell (Con)
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We are trying to have visiting policies that are proportionate to the situation. To reassure the noble Baroness, as she probably knows, the number of visitors at the bedside is currently limited to one close family contact and somebody important to the patient. Those are the guidelines we have in place. As I said, we leave it to trusts to run their own infection control measures. She is entirely right that the potential for nosocomial infections within hospitals, which was such a serious feature of the pandemic last year, is one that we are extremely wary of and careful about.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP)
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As a Christian minister who has visited the sick for over 50 years, I believe that a vital part of the healing process of any patient is not only the care given by medical professionals, but the individual’s peace of mind. That healing is greatly enhanced by the visit of a family friend or loved one. One of the tragedies of the Covid pandemic was that many had to die without the touch of a loved one’s hand or tender words of comfort and love, as they were about to pass away. Will the Minister do everything he can to change that situation?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, the noble Lord makes an incredibly powerful point. I agree with him. The point about visitors to the dying was one of the most poignant and hurtful aspects of the pandemic. The stories I have heard personally and in the Chamber on that point have been some of the most moving I have heard in the entire year. He is right that being ill is horrible; being ill and away from the people you love is doubly horrible. We are trying our hardest. Infections in hospitals cost a lot of lives last year. We are mindful of that damage. Another area where we are very mindful is maternity units, where to prevent post-birth depression it is really important that partners are there. We have put in allowances for all partners to be at scans and at the birth, but we are working to try to balance these two competing difficulties.

Health Protection (Coronavirus, Restrictions) (All Tiers and Self-Isolation) (England) (Amendment) Regulations 2021

Lord McCrea of Magherafelt and Cookstown Excerpts
Monday 1st March 2021

(3 years, 8 months ago)

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Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP) [V]
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My Lords, we have been assured that all the sacrifices that have already been made concerning personal restrictions imposed by the Government have been life-saving measures, and I acknowledge again the debt of gratitude that we owe to all those who have worked within the health service and those who have tirelessly worked to get vaccines that will, I hope, assist in bringing this nightmare to an end. I also applaud those who have been involved in rolling out the 20 million doses of vaccine, and I trust that this will continue.

We have had daily updates on the spread of the virus and the measures commanded by government to save lives. However, during this pandemic we have endlessly talked about our efforts without acknowledging our need for divine intervention and God’s blessing upon our efforts. When our nation faced days of crisis before, our leaders invoked the help of Almighty God and the tide was turned. I was reminded of the psalm that we often read at the beginning of our deliberations:

“I will lift up mine eyes unto the hills, from whence cometh my help.


My help cometh from the Lord”.

I humbly suggest that we need God’s help today.

We are told that these regulations are essential as we move forward in a measured fashion. It is imperative that we do not face another lockdown. This must be the last one, because many across our nation are struggling with serious mental and numerous other medical issues that require urgent attention. We are at a critical point in the Covid-19 pandemic and, bearing in mind the great sacrifices of so many, certainly it is a disgrace that there are those who frequently breach the rules around social gatherings; we have certainly seen that in our Province.

However, allowing police to have access to very personal data held by the Department of Health is certainly a vexed issue, and there is a genuine concern in the hearts of many about how far individual civil liberties and freedoms should be restricted. Self-isolation which is demanded without being assured of receiving financial support from the Government is surely a totally unacceptable situation. Can the Minister give noble Lords the assurance that no one will be financially burdened by being forced into isolation? I trust that the strengthening of the regulations will permit the police to effectively and yet fairly take resolute action against those who act irresponsibly to endanger lives. I appreciate that this instrument extends to England and Wales, but certainly it will be noted by other devolved Administrations.

Health Protection (Coronavirus, Restrictions) (Self-Isolation and Linked Households) (England) Regulations 2020

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Thursday 7th January 2021

(3 years, 10 months ago)

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Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP) [V]
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My Lords, I too appreciate the seriousness of the situation and how difficult it is for people across the United Kingdom, as we face the pressures of another lockdown. I also appreciate the difficulties faced by the Government in making decisions that have such serious implications for the curtailment of the liberties that people across the United Kingdom have enjoyed. Those who do not have a difficult decision to make can criticise the Government more easily. However, surely the safety and well-being of our citizens are uppermost in our minds. Therefore, it is imperative that we all pull together to ensure that we conquer this Covid virus.

I ask the Minister to confirm that all GPs and community pharmacists will be used to roll out our vaccine. Can we have a 24/7 programme for vaccination, because time is of the essence?

It is one thing to make lockdown restrictions, but we must bear in mind the implications. I therefore ask the Minister what consideration has been given and plans made to prepare for an avalanche of serious mental health problems, which will follow this Covid-19 crisis. With so many being forced into isolation, not only because of personal sickness but because of government restrictions and the depths of despair and loneliness being felt by many across the community, will we not see a serious increase in alcohol and other addictions manifesting, which will need appropriate and professional treatment? Can the Government therefore assure us that appropriate provision is being made to handle the situation?

In my humble opinion, winning the battle against Covid will not end the crisis that we face, but uncover numerous other challenges for society. Government must lead, but it is important that each of us within society does everything in our power to achieve success.

Covid-19: Vaccine

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Wednesday 11th November 2020

(3 years, 11 months ago)

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Lord Bethell Portrait Lord Bethell (Con)
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I am grateful to my noble friend for that question, which is incredibly important because we all take our preparation for the Olympics extremely seriously. I am also grateful to him for giving me advance notice of it. There is a desire for all the UK population to be vaccinated, including those who represent the UK. Prioritisation decisions will be based on vaccine availability and scientific clinical evidence on the safety and efficacy within different population groups. The JVCI is the independent expert on this and will make the decision he refers to. The World Anti-Doping Agency is actively responding to the coronavirus outbreak as it relates to the global anti-doping programme and the regulations are evolving rapidly.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP) [V]
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Acknowledging the possibility of a vaccine being made available before Christmas, can the Minister assure me that a Northern Ireland supply is part of the UK’s order, and will the Northern Ireland Executive be involved in discussions over its distribution? Can the Minister also tell us when he expects news concerning the vaccine being developed by Oxford University?

Lord Bethell Portrait Lord Bethell (Con)
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We are working extremely closely with the Northern Ireland Administration to ensure deployment of the vaccine; as I said earlier, this will be done on a four-nations approach. The Oxford vaccine is going through the final stages of phase 3. We are very much looking forward to hearing how it is going but I am afraid to say that I do not have a precise date for when that will be.

Cancer Task Force

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Tuesday 20th October 2020

(4 years ago)

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Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP) [V]
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My Lords, with radiotherapy being needed for over 50% of cancer patients and involved in 40% of cancer cures, what is being done to ensure that patients can continue to access this life-saving treatment throughout the Covid-19 pandemic? Are there plans to improve access to radiotherapy for the 2.5 million people currently living over the recommended 45-minute travel time to bring cancer treatment closer to people’s homes?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, during the Covid pandemic, radiotherapy services have continued. We are working to ensure that the need to travel to hospital is kept to a minimum, using drugs where they present an alternative to radiotherapy. The recovery of our radiotherapy services is massive and we are using the latest technology to ensure that this is delivered as impactfully as possible.

Health Care: Guidance

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Monday 21st September 2020

(4 years, 1 month ago)

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Lord Bethell Portrait Lord Bethell (Con)
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The noble Lord is entirely right that there is a large amount of concern among patients—existing patients who are on existing programmes and patients who think to go to the NHS. We are launching a “Help Us Help You” campaign at the beginning of October, which will be a substantial marketing campaign to reassure patients who might be concerned that the NHS is open and there to help them.

Lord McCrea of Magherafelt and Cookstown Portrait Lord McCrea of Magherafelt and Cookstown (DUP) [V]
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My Lords, during this Covid crisis, many others are suffering greatly yet feeling neglected, such as cancer patients awaiting urgent treatment. There has also been a rise in suicide across every age group. What advice is the Minister’s department giving to hospitals, GPs and other health providers in tackling these things?

Lord Bethell Portrait Lord Bethell (Con)
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My Lords, mental health concerns are a major priority at all times but particularly during Covid-19. That is why are giving substantial funds to mental health charities and supporting the work of the mental health trusts that oversee this area, and I commend their work during Covid-19.