Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what procedures they apply to NHS product supply chains to identify if any products which contains cotton are grown in the Xinjiang area of China.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Section 47 of the Health and Social Care Act 2022 mandated my Rt Hon. Friend, the Secretary of State for Health and Social Care to conduct a review of the risks associated with slavery and human trafficking in National Health Service supply chains, with an emphasis on cotton-based products. The report was laid in parliament on 14 December 2023.
The report revealed that while many NHS tier one suppliers are United Kingdom-based, their supply chains often connect through multiple tiers to higher-risk countries, where many of the suppliers of cotton are based. Approximately 34% of high-risk suppliers were registered as based in China, where there is significant concern of forced labour, especially in Xinjiang's cotton production. Concern has also been raised about Pakistan's Sialkot region, a major source of surgical instruments where production is often subcontracted to the largely unregulated informal sector. Concerns also extend to cotton-producing nations like Uzbekistan and Turkmenistan, and to Malaysia and China for personal protective equipment manufacturing.
The supply chain mapping undertaken for the purpose of the review was identified as inappropriate for the size and range of products supplied to the NHS, requiring extensive effort by the buyer and suppliers to collect information that was still insufficient to affect change. Many of the suppliers identified as having high risk supply chains are UK based, however their supply chains are global.
In response to the findings the review makes a series of recommendations, outlined in detail in the publication. It advises a joint-department strategy for better risk assessment and mapping in NHS supply chains, urging ongoing emphasis on managing modern slavery risks, including updating procurement practices and standardising assessments integrated with e-commerce systems.
It recommends bolstering NHS staff's ability to tackle modern slavery, and improving supply chain mapping capability. Upcoming regulations under Section 12ZC of the NHS Act 2006 will further aid the NHS in assessing and mitigating modern slavery risks in individual procurements, alongside the introduction of a consistent risk assessment embedded into the health family’s e-commerce system.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they have conducted any checks of products they use which contain cotton to ascertain where the cotton was grown.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Section 47 of the Health and Social Care Act 2022 mandated my Rt Hon. Friend, the Secretary of State for Health and Social Care to conduct a review of the risks associated with slavery and human trafficking in National Health Service supply chains, with an emphasis on cotton-based products. The report was laid in parliament on 14 December 2023.
The report revealed that while many NHS tier one suppliers are United Kingdom-based, their supply chains often connect through multiple tiers to higher-risk countries, where many of the suppliers of cotton are based. Approximately 34% of high-risk suppliers were registered as based in China, where there is significant concern of forced labour, especially in Xinjiang's cotton production. Concern has also been raised about Pakistan's Sialkot region, a major source of surgical instruments where production is often subcontracted to the largely unregulated informal sector. Concerns also extend to cotton-producing nations like Uzbekistan and Turkmenistan, and to Malaysia and China for personal protective equipment manufacturing.
The supply chain mapping undertaken for the purpose of the review was identified as inappropriate for the size and range of products supplied to the NHS, requiring extensive effort by the buyer and suppliers to collect information that was still insufficient to affect change. Many of the suppliers identified as having high risk supply chains are UK based, however their supply chains are global.
In response to the findings the review makes a series of recommendations, outlined in detail in the publication. It advises a joint-department strategy for better risk assessment and mapping in NHS supply chains, urging ongoing emphasis on managing modern slavery risks, including updating procurement practices and standardising assessments integrated with e-commerce systems.
It recommends bolstering NHS staff's ability to tackle modern slavery, and improving supply chain mapping capability. Upcoming regulations under Section 12ZC of the NHS Act 2006 will further aid the NHS in assessing and mitigating modern slavery risks in individual procurements, alongside the introduction of a consistent risk assessment embedded into the health family’s e-commerce system.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 21 October (HL1588), whether the public consultation on modern slavery in the NHS supply chain will include alternatives to the Modern Slavery Assessment tool, such as element-analysis processes.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The consultation will comprise of draft regulations which set out what public bodies will need to do to assess and mitigate the risk of modern slavery and human trafficking in all procurement for goods and services for the purposes of health care in the National Health Service. This will be accompanied by guidance on how to best comply with the regulations, including how to assess risk.
The guidance will refer to a risk assessment tool NHS England is currently developing based on the six characteristics to help assess modern slavery risks, as set out in the Public Procurement Policy Note 02/23 on identifying and managing modern slavery risks. These are:
The Department would of course welcome ideas and suggestions on risk assessment tools and methodologies in responses to the consultation.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what plans they have to make food hygiene rating certificates mandatory in England.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Food Hygiene Rating Scheme is operated by the Food Standards Agency (FSA), in partnership with local authorities across England, Wales, and Northern Ireland. We will consider whether mandatory display of ratings should be introduced in England in due course. In the meantime, the FSA is working with its local authority partners to maintain and improve the impact and benefits of this highly successful public health scheme.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what was the result of the Secretary of State for Health and Social Care's review under section 47 of the Health and Care Act 2022 of the risk of slavery taking place in NHS supply chains.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Review of risk of Modern Slavery and Human Trafficking in the NHS Supply Chain, pursuant to section 47 of the Health and Social Care Act 2022, was undertaken in 2023 and published on 14 December 2023. A copy of the report is attached. One of the recommendations from the report was to lay regulations with a view to eradicate modern slavery, supporting the amendment of Section 12zc in the NHS Act 2006. The regulations cover all goods and services procured on behalf of the health service.
The Department and NHS England have also developed detailed guidance to support the embedding of the regulations and policies throughout a procurement exercise. This ensures alignment to procurements conducted under all legal regimes including the Public Contracts Regulations 2015, Procurement Act 2023, and the Health Care Services (Provider Selection Regime) Regulations 2023.
A public consultation for the content and approach of those regulations is to be launched in Autumn 2024. This will support my Rt Hon. Friend, the Secretary of State for Health and Social Care to develop the regulations to ensure the National Health Service eradicates modern slavery in supply chains.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what steps they are taking to ensure that NHS staff are able to give evidence in court proceedings without it impacting their career.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
There are currently no plans for my Rt Hon. Friend, the Secretary of State for Health and Social Care to introduce new steps to ensure National Health Service staff are able to give evidence in court proceedings without it impacting on their career. Court proceedings are a private legal matter between employees, their legal advisor, and the employer concerned. Time off to attend court is also a private matter between individuals and the employer, including whether the time is paid or unpaid.
A person is protected from victimisation in relation to any discrimination complaint, for instance they may not be subjected to detriment for being involved in a complaint about discrimination, under current employment law. They may also not be subject to detriment for asserting certain statutory rights such as trade union activities.
This also includes where a member of NHS staff has made a protected disclosure under the Public Interest Disclosure Act 1998 and gives evidence regarding those issues in court where they would be protected from detriment by their employer, including, subject to any jurisdictional issues, any former and future employers as a result of them having made the protected disclosure.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the current arrangements for NHS staff to express opinions about practices and treatments about which they have concerns.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Government wants National Health Service staff to have the confidence to speak out and come forward if they have concerns. There are currently over 1,200 local Freedom to Speak Up Guardians across healthcare in England who provide a route for workers to express any concerns about the practices and treatments in their organisation. Over 133,000 cases have been reported to Guardians since the policy was establishment in 2016, and in 2023/24 79.8% of staff who received support from their Guardian and gave feedback said they would speak up again.
Despite this, the 2023 NHS staff survey results showed that only 50% felt that if they spoke up about something that concerned them, their organisation would address their concern. There is therefore a lot more to do before speaking up can be described as business as usual in the NHS.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Lord Markham on 2 May 2023 (HL7168) whether the National Food Crime Unit of the Food Standards Agency now has the necessary powers to present cases to the courts.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
The Food Standards Agency’s (FSA) National Food Crime Unit (NFCU) works to prevent, detect, and investigate fraud within our food system. My Rt hon. Friend, the Secretary of State for Health and Social Care has the power under the Police, Crime, Sentencing and Courts Act 2022 to grant food crime officers with access to powers, such as those under the Police and Criminal Evidence (PACE) Act 1984. The laying of secondary legislation to grant these powers and bring the FSA under the necessary oversight of the Independent Office for Police Conduct (IOPC) is subject to a short delay from the original laying date of 14 March 2024. One of the statutory instruments (SI) is extremely detailed and requires further resourcing from the FSA and iteration with the IOPC to resolve key policy points. However, good progress is being made with the SI, and a revised laying date is to be requested from the Cabinet Office, which is expected to be this side of the summer recess.
While the FSA is in the process of agreeing a revised laying date, food crime officers in the NFCU are still able to continue with core business, and progressing food fraud investigations. However, having access to PACE powers will reduce reliance on policing partners and will better equip food crime officers with the powers they need to deal with food fraud more effectively and autonomously. Work to develop and implement mandatory training for food crime officers who will use PACE powers, and the development of an internal complaints process, remains on course to be delivered ahead of the SIs coming into force.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government when they intend to reply to the letter from Lord Rooker to Lord Markham of 24 August regarding the Medicines and Healthcare products Regulatory Agency and folic acid.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government why the in-patient beds at Bishop’s Castle Community Hospital in Shropshire have been closed; and what plans they have to reopen them.
Answered by Lord Markham - Shadow Minister (Science, Innovation and Technology)
NHS Shropshire, Telford and Wrekin commissions Shropshire Community Health NHS Trust to provide services in Bishop’s Castle Community Hospital, including inpatient bed facilities. 16 inpatient beds were temporarily closed in October 2021 due to sustained and unacceptable nursing vacancies and concerns about the quality of care and patient safety.
In August 2023, the trust commissioned an external review of its recruitment process and on 12 June 2023 began a period of formal engagement with patients, carers, members of the public, stakeholders, clinicians, and staff to inform its final decision on whether to relinquish the contract it holds for the inpatient service.
A board meeting was held on 7 September 2023, which considered the details of the reports from all the planned engagement activity. The Board concluded that it cannot be assured the recruitment efforts have been reasonable and sufficient and further recruitment attempts are needed before withdrawing from the inpatient service. The trust will now produce a workforce and recruitment plan and re-attempt recruitment with a view to safely staffing and re-opening the beds.