Medical Product Liability

Lord Patel Excerpts

Wednesday 16th October 2024 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

My Lords, we very much welcome the appointment of Dr Henrietta Hughes as the Patient Safety Commissioner. We have been looking at the details of her work and hope to come back in due course, particularly on the report that she produced in February. I understand that my noble friend Lady Merron has already met the Patient Safety Commissioner; she has been on a joint visit with her and plans to meet her again in the future.

[Lord Patel (CB)]

My Lords, there are over 600,000 medical devices used in the United Kingdom. Worldwide, there are probably over 2 million medical devices being used. People obviously want the devices as soon as they are available on the market without having been tested medically first. I am pleased to hear the Minister say that the Government intend to review the legislation, particularly as it applies to class 3 devices; they are mostly implant devices and cause most of the damage, including the mesh and other implanted devices. Can the Minister confirm that the Government will look in a stratified way as to where the legislation should apply and to what category of device?

[Baroness Jones of Whitchurch (Lab)]

My Lords, we have already done considerable work on this, and I pay tribute to the noble Baroness, Lady Cumberlege, for her original work on this, as well as now to the Patient Safety Commissioner. We are looking in detail at these issues and will continue to do so. I should make it clear, however, that should we make any changes to the legislation, it will require—as I understand it—primary legislation. It will not in any case be retrospective, so all we can do is look at products going forward. Obviously, patient safety is our primary concern and is absolutely at the forefront of our mind in taking these issues forward.

Automotive Manufacturing Sector: Support

Lord Patel Excerpts

Monday 15th May 2023 Lords Chamber

[Lord Johnson of Lainston (Con)]

I am grateful to the noble Lord, Lord Leong, for telling us about his car history. My first car was a Fiat Regata; I doubt that anyone in this House has ever driven one of those, and I would not necessarily advise it. It is important to look at some of the other aspects of where we are investing and have been successful in this country, and to trumpet the successes and triumphant elements of our car industry. Formula 1 is a very good example of that: two-thirds of the Formula 1 teams are effectively located here and the technology is developed here. There is our luxury car industry, where Bentley has recently announced £2.5 billion for further investment. We lead the world in luxury cars including, I am pleased to say, the rebirth and renewal of the important brand of Lotus. I met those in its owning company a few days ago and heard of their commitment to investing in this country, because we have the expertise to do the design, development and, ultimately, manufacture.

[Lord Patel (CB)]

My Lords, the Science and Technology Committee’s report published in November 2022 was concerned about the UK’s capacity for electric vehicle battery production. It now comes to pass that Britishvolt, one of our biggest possible producers of electric vehicle batteries, has failed. What effect will this have on our automotive industry, as we have no other UK production of batteries?

[Lord Johnson of Lainston (Con)]

I believe that the outcome has been relatively satisfactory, with the purchase of Britishvolt by Recharge Industries, which I have met on several occasions to ensure that it is committed to investing in this country. It will make non-vehicular batteries to begin with but has reassured me that it will ultimately make batteries that can be used in EVs. It is not true that we do not have prospects. As we know in this House, there has been £1 billion of investment in the Sunderland plant for Envision to allow us to make electric vehicles made by Nissan.

Neonatal Care (Leave and Pay) Bill

Lord Patel Excerpts

2nd reading
Friday 24th March 2023 Lords Chamber

[Lord Patel (CB)]

My Lords, I strongly support this Bill and thank the noble Baroness, Lady Wyld, for introducing it to the House so brilliantly and comprehensively. It is a compassionate Bill that will help thousands of parents at a very anxious time of their lives: when their newborn baby is fighting for his or her life in a neonatal intensive care unit, is born prematurely with genetic or congenital problems, or is recovering from surgery or fighting to overcome infections. Tiny babies spend weeks or months, sometimes more than a year, connected to ventilators, feeding tubes or, in some cases, extracorporeal membrane oxygenation machines.

As an obstetrician, I have assisted at the birth of many such babies, well aware of their fragility, particularly of premature babies at birth, some of whom are no bigger than the palm of your hand. I recall stories of many babies who spent months in neonatal units, and I will give examples of some so that noble Lords can better understand the anxiety and stress that parents have to go through while their precious, often tiny child courageously fights for his or her life. This is a compassionate Bill not only for parents, but for these tiny babies.

One such story is that of Sarah Beattie, born 14 weeks prematurely weighing 1 pound 4 ounces—595 grams. She spent months in a neonatal intensive care unit fighting for her life. It is not difficult to imagine the stress, anxiety and pain her parents went through as Sarah was cared for in an incubator for several months in the neonatal unit. Thirty years later, it was my pleasure, as chancellor of Dundee University, to award her a degree in law.

Another story is of the parents of Peggy and Bodhi, born at 23 weeks and four days—at the margins of viability —during the pandemic, weighing 550 and 600 grams. Their parents, Alison and Jim, were told of the small chance of the twins’ survival and, if they did survive, of the risk of severe disability due to their prematurity. Alison and Jim followed a daily routine of visits to hospital, helping with the care of Peggy and Bodhi, going through anxious times and worry as the twins fought through breathing difficulties, cerebral bleeds and much more. Alison was off work for 17 months. Peggy and Bodhi are now two and a half years old, and Alison says they are perfect. She said that, as parents reflecting on their own neonatal experiences, it was tough, but nothing compared to what her babies went through.

Some parents are not so lucky, with partners having to go to work, financial worries, unsympathetic employers, the separation of parents at visiting times and much more hardship. Parents whose babies are in neonatal care for a long period are understandably worried and anxious. They often feel depressed, suffer from sleep deprivation and much more. They want to be with their baby as often and for as long as they can. They wake up at night wanting to see and be with their baby. Technological developments such as vCreate, developed at the Queen Elizabeth Hospital in Glasgow, are now widely available in UK neonatal units. It provides a secure personal video link, enabling parents to see their baby all the time, with regular updates on their baby’s condition—a great advance and much appreciated by parents.

So, what are the good things in the Bill? It gives much-needed additional paid time off work for parents when their baby is in neonatal care. It will particularly benefit fathers and those taking paternity leave, enabling them to be present at the neonatal unit for longer when their baby is unwell. They will also be able to support their partner through the experience, emotionally and practically, including with the childcare of older children. For many mothers, when their partner returns to work they are left alone without support to receive difficult news and make life-changing decisions. The Bill will make it possible for both parents to be involved in their baby’s care. This is essential for neonatal units hoping to deliver care in a family-integrated setting. As research has shown, this improves outcomes both for babies and their parents.

I welcome that this will be paid, despite it being only at the statutory rate, as having a baby in hospital can be expensive, and most families cannot afford for one parent to take unpaid time off work. Research by Bliss found that, on average, families report spending £405 per week over their usual budget while their baby is in neonatal care. To support families through this troubling financial time, I hope many employers will offer neonatal care leave at a higher rate of pay than the statutory minimum.

I hope the Government will be sympathetic to dealing with what is missing from the Bill. In general, parents will be entitled to neonatal care leave and pay if they are employees and already qualify for maternity, paternity and adoption leave and pay, as the noble Baroness, Lady Wyld, mentioned. However, this means that a group of parents—those who are self-employed, who are classed as workers or who do not meet the criteria for other reasons—will not have access to this vital support. Although employment support for this group of parents is not within the scope of the Bill, I hope the Government, and particularly the Department for Work and Pensions, will look seriously at reviewing how they can provide similar support to all working parents. I hope the Minister is personally sympathetic to that view.

The other issue is the lead time for implementation, which is extraordinarily long: parents will have to wait until 2025 before the Bill will be implemented. Surely it has to be possible to do this earlier than 2025, and help thousands of parents and their babies who will be born before 2025. I hope the Bill is the start of much-needed help for parents whose children have to be cared for in neonatal care units, particularly for long periods. I give it my strongest support.