Oral Answers to Questions

Sharon Hodgson Excerpts

Tuesday 7th May 2019 Commons Chamber

[Matt Hancock]

Yes. My hon. Friend raises another important area where progress is being made on the ability for people to get access to drugs that could help them. We now have a medicinal cannabis programme in place, as we discussed in this Chamber a couple of weeks ago, so that those with acute conditions and with clinical support for using medicinal cannabis can get it. We are also working as rapidly as we reasonably can to normalise the ability to use medicinal cannabis within the NHS.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

Kuvan, Orkambi and Spinraza—these are just three life-changing drugs to which thousands of patients are being denied access on the NHS. Patients have waited far too long for the drugs they desperately need, and for some, as we have heard, it is a matter of life and death. Does the Secretary of State agree that the NICE appraisal process for rare diseases is just not fit for purpose?

[Matt Hancock]

I do agree it is important that NICE constantly tries to get those decisions made objectively, robustly and as fast as possible. There is cross-party support, and I hope continuing cross-party support, for these judgments being made independently so that they are taken not by Ministers but by clinicians. We can all agree that this has to be done as quickly and as efficiently as possible.

Healthcare: East Midlands

Sharon Hodgson Excerpts

Tuesday 30th April 2019 Westminster Hall

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I thank my hon. Friend the Member for Lincoln (Karen Lee) for securing this important debate. She is a passionate advocate for the NHS in her area and made a passionate speech. I also thank the other hon. Members who spoke—the hon. Members for Bosworth (David Tredinnick) and for Sleaford and North Hykeham (Dr Johnson), my hon. Friend the Member for High Peak (Ruth George) and, of course, the hon. Member for Strangford (Jim Shannon), who has just left the Chamber—for their excellent speeches and interventions.

Although I am pleased to respond on behalf of Labour, it is with sadness that Members come here time and again to explain the impact on their constituents of the crisis in the NHS. Sadly, as we have heard, standards are slipping across the board. It was a mild winter, but despite the thankfully lower levels of flu and vomiting virus, we saw the worst performance against the four-hour A&E target since records began. [Interruption.] If the Minister cares to—

[The Minister for Health (Stephen Hammond)]

It was an improvement on last year, so it was not the worst.

[Mrs Hodgson]

Oh, right—it was the second-worst, then. Anyway, bed occupancy also rose to 95.2% this winter, well above the 85% deemed to be safe, and patients are waiting almost 4% longer in A&Es than they were two years ago. In Nottingham they are waiting 14% longer than in 2017, and in Leicester they are waiting almost 4% longer than two years ago. East Midlands Ambulance Service NHS Trust has missed its targets for responding to patients in life-threatening situations. We have heard countless stories today that demonstrate how the crisis happening in our NHS both locally and nationally is real.

It is clear that the Tories’ plans for NHS funding fall short of what is needed. The autumn Budget announcement of a cash injection for health services excluded public health budgets, training and capital, which means an increase of just 3% for health services when we have a childhood obesity crisis, cuts to sexual health and addiction services, workforce shortages and a backlog of nearly £6 billion in repairs. It is not even enough to wipe out hospital deficits.

Nottingham University Hospitals NHS Trust alone predicted a deficit of more than £40 million by the end of the financial year, and it has declared 15 black alerts since December. How will the Government’s settlement help trusts like that become more sustainable? Where is the funding to guarantee sustainable health services in the face of ever-increasing demand from a complex and changing demographic? For example, in the east midlands, the number of preventable deaths from liver disease has increased by 37%. Obesity is also a growing problem, 66% of the population being overweight. People in the east midlands are more likely to have had a depressive episode than those in the rest of the country—3.9% compared with 2.2%. In 2013-15, the average life expectancy at birth across the east midlands was 79.3 years for males and 82.9 years for females, both of which are significantly below the national average. There is also considerable variation in preventable mortality from the major causes of death across the east midlands local authorities, with an urban-rural divide. The urban areas of Nottingham, Leicester and Derby have significantly lower life expectancy than the average for England.

Money is, of course, only one of the issues surrounding the crisis in the NHS. There is a staff recruitment and retention issue, too. NHS figures show that there are 100,000 vacancies across the health service, including 31,000 across the midlands and the east of England. Therefore, 9.3% of posts in the midlands and the east—about one in 11—are unfilled.

Constituents will also be worried about the integration of services in the east midlands. In recent years, councils have distanced themselves from sustainability and transformation plans and the integrated care systems in some areas, due to a lack of democratic accountability and scrutiny from stakeholders, including concerns over cuts and privatisation. Nottinghamshire’s ICS is an interesting case: the city council suspended its membership for six months last year for those very reasons, rejoining only in April 2019 after assurances were given to improve accountability and shared decision-making processes. I am sure that Members will be keen to hear from the Minister how democratic accountability and transparency is being improved in such cases.

Residents will also be concerned about the number of community hospitals that have closed or are under threat of closure. Residents of Bakewell and Bolsover have to travel to Chesterfield or Derby for their appointments, after their hospitals closed. The loss of those community hospitals impacts on rural areas of the east midlands, isolating people further because not only will they have to travel further to appointments, but so will any visitors, so patients are suffering.

The Government have spent nine years running down the NHS, imposing the biggest funding squeeze in its history, with swingeing cuts to public health services, and social care has been slashed by £7 billion since 2010. As we have heard, the NHS is clearly buckling under the pressure as a result, and standards of care continue to plummet. I would appreciate assurances from the Minister about how the Government will get a grip on the situation in the east midlands and across the country as a whole, to reverse the extremely worrying statistics and tackle the issues we have heard about.

Draft Food Additives, Flavourings, Enzymes and Extraction Solvents (amendment etc.) (EU Exit) Regulations 2019

Sharon Hodgson Excerpts

Monday 1st April 2019 General Committees

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to see you in the Chair, Sir Roger. We are very happy that you joined us by stepping in for your colleague. I thank the Minister for introducing the statutory instrument and summarising its provisions after it was withdrawn two weeks ago. I welcome him to his position, although I am not sure if it is permanent. I know he was already a Health Minister, but by taking on the public health brief, he will know he has big shoes to fill. His predecessor and colleague, the hon. Member for Winchester, who resigned from his ministerial position last week, was a formidable and accomplished Minister who I had a lot of respect for, and I wish him well.

Things are constantly changing and developing with Brexit, as we know. I would like to express once again my severe regret that almost three years since the referendum, the Government have failed to significantly prepare or lay sufficient Brexit legislation before the House in a timely manner. As I am sure the Whip especially will know, we have been very busy of late, and we have missed the 29 March deadline. Unless the Government can compromise on a way forward and secure support from across the House today or very soon, we are heading towards no deal on 12 April. In that scenario, this legislation will be vital. I hope that this week—I have been saying this for many weeks now—will be the week we achieve a good deal with the EU that will protect jobs, workers’ rights, our environment and, most importantly, our economy.

This SI was due to be debated two weeks ago, but was withdrawn from the Order Paper at the last minute. Can the Minister please illuminate and explain why that was? So far, an explanatory memorandum has accompanied all the statutory instruments that we have debated, apart from this one. Is that because the explanatory memorandum for the original draft still applies, or because the Government have omitted to provide one? I would be grateful if he could explain the reason for the delay and set out the differences between the two versions of the SI.

Throughout the debates on SIs, I have raised concerns about the time available to scrutinise them. This SI perfectly highlights my point that without a clear summary being available to the Opposition of what the SI is designed to achieve and what consultations the Government have undertaken, it is almost impossible to scrutinise the legislation properly in the given timeframe. There has been a lack of time to scrutinise properly the Food Standards Agency SIs that the Government have brought to the House and crucial details have been omitted from them, which industry representatives have raised concerns about, too. Now that the leaving date has changed, what conversations has the Minister’s Department had with the industry about what these SIs will mean for their businesses and day-to-day working, and has the Department provided more information and reassurance to them?

Food improvement agents are used in or on food for a technological purpose during its production or storage. They are also used to improve the taste, texture and appearance of food. Examples include artificial sweeteners, preservatives and flavourings. The majority of us will come into contact with food improvement agents daily. However, the Minister must appreciate that, for medical reasons, not everyone is able to consume food improvement agents. The relevant legislation provides specific labelling requirements for certain food products sold to consumers. An example would be mandatory warnings on products containing aspartame, as it is a source of phenylalanine, which could be detrimental to those suffering from PKU—phenylketonuria. Any reduction in standards for food labelling and mandatory warnings on products could be dangerous for people with dietary requirements. What may seem unnecessary to people who do not have those dietary requirements will be vital to those who do. What assurance can the Minister give that this legislation will not put PKU patients, in particular, in danger? I am particularly concerned that it could make the PKU diet even more difficult to maintain if warnings are removed from food labelling.

This SI will revoke for the whole of the UK a regulation that established a programme for the re-evaluation of approved food additives, as it is not thought appropriate or necessary to retain that legislation for the UK. Will the Minister elaborate on why that is? The SI goes on to say that there are other mechanisms by which new and emerging scientific data must be brought to the attention of decision makers by applicants. Will he please tell the Committee what those mechanisms are? The former Minister wrote to me about this SI, saying:

“I would like to reassure you that the UK will continue to monitor scientific evaluations and outputs from international assessment bodies such as EFSA and The Joint FAO/WHO Expert Committee on Food Additives…to ensure that we remain alert to emerging scientific analyses.”

Has this Minister made any assessment of how long it would take to update regulations in the event of any new scientific analysis? What will happen if our European neighbours decide that a food additive is unsafe? Will we follow the lead of our neighbours? How will those decisions be made? Under these changes, if an application is made for a new additive to be introduced, will that be made public, and if not, why not? What will be the arrangements for collecting data, monitoring the effectiveness of the regulations and regularly reporting?

The Food Standards Agency will take on a lot of responsibility in this area after Brexit. Is the Minister confident that the agency is prepared and properly resourced to take on that extra burden? The health and safety of the public is paramount in all this, and I hope he ensures that safeguards are in place so that food containing any food improvement agents that are found to be harmful is quickly removed from the market. I look forward to his response.

Oral Answers to Questions

Sharon Hodgson Excerpts

Tuesday 26th March 2019 Commons Chamber

[Jackie Doyle-Price]

The hon. Lady makes some excellent points and highlights those areas of the community where take-up is much lower. We need to be more imaginative about how we promote the need for screening, and in that regard I am very pleased to see the work of Jo’s Trust, and also that of the Eve Appeal to raise awareness. We can all do our bit, and I would encourage everyone to spread the word about the need to get screened.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

I, too, want to start by paying tribute to my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders)—he is a big loss to the Front Bench—and also to the Minister I used to shadow, the hon. Member for Winchester (Steve Brine). Credit where it is due: I know cancer charities and campaigners are all tweeting their regret, because the hon. Gentleman was, and hopefully will remain, a true ally of that cause.

Cervical cancer is the most common cancer in women. Smear tests can prevent 75% of cervical cancers from developing, but one in four women do not attend their smear tests and screening is now at a 21-year low. This was not helped by the failure of the outsourced screening to Capita, which failed to write to 48,000 women in six months. What are the Government going to do to ensure that women and girls know what happens at a smear test, what it is for and why it is so important?

[Jackie Doyle-Price]

As the hon. Lady will know, we have brought that service back in-house, but we should leave no stone unturned in relation to thinking more imaginatively about how we spread the word about the need for screening. I should like to pay tribute to those celebrities who have tweeted pictures of themselves going for their smear tests, because it is only by normalising it and ensuring that everyone realises that it is something they should do that we are going to encourage take-up.

NICE Appraisals: Rare Diseases Treatments

Sharon Hodgson Excerpts

Thursday 21st March 2019 Commons Chamber

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a real pleasure to take part in this very important debate. I start by thanking my hon. Friends the Members for Blaydon (Liz Twist) and for North Tyneside (Mary Glindon). We are part of the north-east massive, so I am very pleased to be joining them in this debate today. I thank them for their very passionate and heartfelt contributions. I should also mention, as part of the north-east massive—it goes without saying—my hon. Friend the Member for South Shields (Mrs Lewell-Buck). I thank all other hon. Members who spoke for their excellent contributions. They know who they are and I do not need to name them. They were all fantastic.

Throughout the debate we have heard of the heartbreak experienced by patients and their families when they are unable to access life-saving drugs on the NHS. We have heard of their determination to continue fighting to access those drugs, whether by writing to their MP or even by protesting in Parliament square. I was happy to join my hon. Friend the Member for Bristol East (Kerry McCarthy) there just two weeks ago for the Cystic Fibrosis Trust rally, where people were calling, “Orkambi now!”—they were so loud that we could hear them over the crowds chanting, “No Brexit!” or whatever the shout was at the time.

We must hear patients’ voices in this debate, as it is they and their families who are affected the most by the appraisal process, which is not fit for purpose. The Minister has heard about the real-life experiences of patients throughout this debate, and I am sure that he will continue to listen to them afterwards. I know that he is also in regular communication with patients. In my role as shadow Public Health Minister, I regularly meet patient groups and campaigners, so I know just how important access to these life-saving drugs is to them.

As a constituency MP, I recently met young Riley and his mum Michelle. Riley has phenylketonuria—PKU—and needs Kuvan. He is now 11 and at secondary school. He just wants to blend in with his mates and to be able to go on those first excursions out to the Metrocentre, and perhaps to get something unhealthy to eat from a takeaway, but obviously he cannot do any of that. I asked him about his life and how he felt not having access to Kuvan. He said that it was not fair and that it made him mad. Well, I agree with Riley.

It can take years to get the right diagnosis for a rare disease, so once patients get the diagnosis they are excited and feel that there has been a breakthrough, because they think that they will finally get the treatment they need and deserve. Instead, as we have heard today, they are back at the beginning of the fight, because the life-saving drugs that do exist are not available to them on the NHS. It is one hurdle after another for patients with rare diseases. That is why the Opposition strongly believe that patients should have fast access to the most effective new drugs and treatments. I am therefore pleased to support the motion.

As we have heard, a rare disease is generally considered to be one that affects fewer than five people in 10,000. According to the 2013 UK strategy for rare diseases, it is estimated that in the UK more than 3 million people will suffer from a rare disease at some point in their life. All those patients must have access to the drugs and treatments that they need. However, they are being failed by the NICE appraisal process, which is just not fit for purpose when it comes to assessing the suitability of drugs and treatments for rare diseases.

Patients with rare diseases are squeezed in the middle of two appraisal routes: the highly specialised technology evaluation programme and the single technology appraisal route. The HST evaluation programme is selected for most non-cancer rare disease medicines and is designed for evaluating medicines of that nature, with small patient populations. However, the HST evaluation programme currently lacks the capacity or capability to effectively appraise all new licensed orphan medicines. Since the HST evaluation programme was established in 2013, it has published guidance on eight medicines, which is much fewer than the 45 orphan medicines for non-cancer indications that have been licensed in the same period.

The STA route is designed to appraise treatments for more common conditions and those with existing treatments. This route is poorly suited to considering rare disease medicines, which tend to have small patient populations, a limited evidence base and benefits beyond direct health benefits—something the appraisal process just does not take into account. Some rare diseases are not rare enough for the STA route, and only a handful of medicines are being approved by the HST route. Yes, it is complicated, but it is clear that neither route is working for patients with rare diseases, so patients are missing out on crucial medicines.

Kuvan was licensed in 2008 to treat PKU patients, but it is still not available to patients in England. Orkambi was appraised by NICE in 2016 through STA, but was recommended for use. Three years later, as we have heard, people with cystic fibrosis still have no access to it. That has caused physical and psychological harm to patients and their families. Every day without the drugs that they need makes their condition worse. We must have an appraisal process that captures rare diseases effectively.

Medicines to treat rare diseases are often found to be cost-ineffective, which is why they are not approved for routine commissioning. However, establishing value for money is not straightforward, especially when population groups are small. It does not sit comfortably with me—or, I am sure, with any of us—that cost-effectiveness is prioritised above clinical need, or, as we have heard, the lives of children. Manufacturers want to make a reasonable return on their investment, although some of the figures are huge, but I do not think that that should be a priority. Manufacturers must not hold NICE or NHS England to ransom for their own financial gain.

[The Parliamentary Under-Secretary of State for Health and Social Care (Steve Brine)]

Or the Government.

[Mrs Hodgson]

Exactly.

Behind profit forecasts are thousands of people and families who need access to life-saving drugs, and they simply cannot wait any longer. We must not put businesses before patients. Because of the NICE appraisal process, patients and their families are being left in an awful limbo. The processes can be long-winded, confusing and difficult to navigate. Some medicines can undergo multiple assessments while others are not assessed at all, and that creates an unpredictable and unattractive system. As a result, patients are left in the dark about when, or if, they will have access to innovative treatments for their conditions.

When a drug is being appraised, patients live in hope that this time it will be approved for use by NICE—as in Maryam’s case, which was described so powerfully by my hon. Friend the Member for West Ham (Lyn Brown)—but they are almost always left to feel disappointed and helpless. Patients and their families must be involved in the processes, and the processes must be transparent.

The wait for access to drugs is excruciating, especially when the drug is available in nearby countries, or even—as we have heard—in Scotland. Spinraza is available to patients in Scotland, but not to those in England. My hon. Friend the Member for West Ham spoke passionately on behalf of her constituents and their seven-month-old baby Maryam. This sounds blunt, but she is dying, because she has been denied access to medication that could extend and enhance her life.

The pain and anguish that the parents of a critically ill child must feel when they are told that there is medicine available that will help but it is not available for their child are unimaginable. Knowing that if your child lived a few hundred miles away, in Scotland or perhaps somewhere in Europe, the drug would be available is heartbreaking and infuriating. Patients in England should not be left behind. We should be working to find ways to get these medicines to the patients who need them, on the NHS.

I hope that the Minister will consider the motion seriously, for the sake of patients with rare diseases and their families. They cannot be left behind any longer: they must have access to these life-saving drugs now.

Health Inequalities

Sharon Hodgson Excerpts

Wednesday 20th March 2019 Westminster Hall

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to serve under your chairmanship today, Mr Hollobone.

This has been an excellent debate, and I start by thanking the hon. Member for Telford (Lucy Allan) for securing it and for her excellent contribution. Sadly, many areas across the UK face similar issues to those affecting Telford, as we have heard. As we know, our NHS was built for everyone. The original leaflet explaining the NHS to households across the country read:

“Everyone—rich or poor, man, woman or child—can use it or any part of it.”

Seventy years on, we cannot forget that ethos, which is why this debate is so important. I also thank all other hon. Members for their contributions to the debate. Due to time, I will not name them all.

Health inequalities are avoidable, but they still persist so clearly, both nationally and locally, within our communities, as we have heard. It cannot be right that in England men and women from the most disadvantaged 10% of areas on average now die 9.3 and 7.3 years respectively sooner than those in the 10% least disadvantaged areas. And those living in the most deprived areas not only die much earlier than those living in the most affluent areas but they also live much longer in bad health. For example, between 2014 and 2016 women in the most deprived areas could expect to live for 51.8 healthy life years, meaning that their remaining 27 years would be spent in bad health. That is compared, for instance, to women in the least deprived areas, who could expect to live for 70.7 healthy life years, with only 15.5 years in bad health.

It has to be said that there is also a persistent north-south divide in both life expectancy and healthy life expectancy, with people in the southern regions of England on average living longer and with fewer years in poor health than those living further north. For example, 2015-17 figures show that men and women in the north-east—my region—have the lowest life expectancy at birth in England, at 77.9 years and 81.6 years respectively. That is compared to the south-east, where men can expect to live for 80.6 years and women for 84 years.

However, health inequalities also exist within local authorities. For example, the longest life expectancy in the country is in the richest borough, Kensington and Chelsea; I am not surprised. Nevertheless, the most disadvantaged people in that London borough can expect to live for 14 years less than their most advantaged counterparts. Such a stark difference is completely unacceptable.

Also, children living in poverty are more likely to die before the age of one, become overweight, have tooth decay or even die in an accident. Parents living in poverty are also more likely to smoke, experience mental health difficulties, be a young parent, be a lone parent, experience domestic violence and other negative outcomes, all of which also increase adverse childhood experience risk factors that impact children’s health, too.

So, after a century of decline the number of deaths in childhood in the UK has risen for two consecutive years, with the highest mortality rates evident in the poorest communities. Life expectancy in the UK had always increased slightly, year on year, for over a century, largely due to improvements in nutrition, hygiene, housing and control of infectious diseases. However, it seems that that is not happening any more.

What are we going to do? Labour is committed to a new health inequalities target, to improve life expectancy, mortality rates and children’s health. The target would be independently assessed, and as the hon. Member for Telford called for, the Health and Social Care Secretary would be held accountable to Parliament and would produce an annual health inequalities report.

The four biggest risk factors that affect health—smoking, excessive alcohol consumption, poor diet and lack of exercise—also affect the poorest in our communities. Public health services support those people. However, there have been public health cuts to the tune of £800 million between 2015 and 2021, and local authorities have been put in untenable positions, where they have to make difficult decisions.

I believe that the Government already have a moral duty to ensure that health inequalities are reduced, but unfortunately they have not taken that duty seriously enough, so I would like the Minister not only to set out her commitment to reducing health inequalities but to lay out details of how the Government will reduce them, and I urge her once again to reverse the cuts to public health budgets.

[Mr Philip Hollobone (in the Chair)]

If the Minister concluded by 5.28 pm, that would allow Lucy Allan time at the end of the debate to sum up.

Exiting the European Union (Food and Agriculture)

Sharon Hodgson Excerpts

Tuesday 19th March 2019 Commons Chamber

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

I start by thanking the Minister for introducing these statutory instruments on the Floor of the House this afternoon and for summarising them so clearly for us. I would also like to start, as I always do, by putting on record once again my disappointment and concern that there could be as few as 10 days before we leave the EU, yet we are still dealing with crucial legislation concerning our food safety. The Government have run down the clock for more than two years and only now, when the deadline is so close, are we considering important legislation that could impact on the public’s health if we do not get it right. Of course, that is because the threat of no deal is still hanging over us. I know that the Minister wants to get this right, which is why I have supported him throughout the discussions on these SIs, but I am still disappointed at the way the Government have handled this.

These statutory instruments will transfer tasks and roles assigned to the European Commission and the European Food Safety Authority to an appropriate UK entity. Will the Minister please confirm who that appropriate UK entity will be? While we are taking these SIs as a group, which I welcome, I would like to raise some concerns about each of them in turn.

[Dr David Drew (Stroud) (Lab/Co-op)]

I am sure my hon. Friend agrees that this is as much to do with DEFRA as with the Department of Health and Social Care, and it shows why we need a food strategy in this country so that we can sort out some of the nonsense caused by the overlap between different Departments.

[Mrs Hodgson]

I absolutely agree. My hon. Friend makes a good point, and I discussed with the Government and Opposition Whips where responsibility for these SIs fell. There is so much crossover between food and health policy, and we are doing the best we can with the hand we have been dealt, but we should probably look more into this issue going forward.

[Mr Jim Cunningham (Coventry South) (Lab)]

I do not want to take my hon. Friend off the point too much, but it crossed my mind when I was listening to the Minister—I apologise to him for coming in late— that issues have been raised in the press, certainly recently, about imported food and the use of chlorine to cleanse it. Does my hon. Friend have a view about that?

[Mrs Hodgson]

Yes. The issue of chlorine-washed chicken did come up in some of the SI Committees that were held upstairs, and the Minister assured Committee members that chicken would continue to be washed in fresh water and that there would be no sneaking chlorinated chicken into our food chain. I am sure he will reaffirm that today.

The first SI today is the Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019. As consumers, we are all familiar with the plastic packaging around almost every product—I suppose we are moving on to environmental policies in talking about the waste element of this, but the issue is at the forefront of consumer consciousness. Has the Minister had any conversations with his colleagues at DEFRA about the UK’s commitment to reducing plastic waste and about how this SI could help facilitate that? The authorised list of substances permitted for use in food contact plastics is generally updated several times a year. Which body will now undertake that work, and does it have sufficient resources to do so? Will the updated list be in line with that of our European neighbours?

Moving on to the genetically modified food and feed regulations, all authorised genetically modified food and feed must have a method of detection scientifically assessed and validated by the European Union laboratory, in collaboration with the European network of GMO—genetically modified organism—laboratories. What body will now scientifically assess and validate food and feed? Will the assessment process change, and will businesses have to complete a more complex process than currently? Will the UK be part of the European network of GMO laboratories after we leave the EU? If not, will the UK’s validation of GM food and feed be aligned with European network standards to ensure that GM food and feed from the EU can be placed on the UK market after Brexit and vice versa?

Can the Minister assure the House that GM food and feed will be authorised for sale only if they are judged not to present a risk to health, not to mislead consumers and not to have less nutritional value than their non-GM counterparts? Has he made any assessment of the impact that this SI may have on businesses? Has the Department contacted the food and feed industry to notify it of the changes in this SI?

Moving on to what is perhaps the most interesting of the SIs, on the regulation of novel foods, I was surprised to learn that chia seeds are classed as a novel food by the EU. I am sure I eat some of them; I have some in the cupboard—I think you sprinkle them on breakfast cereal and other things to try to get their goodness into you. Lots of other new products that I had not realised were classed as novel foods are now entering the market. I am pleased that foods that are new to the market are not automatically assumed to be safe. Novel foods must have a pre-market safety assessment before being placed on the market.

The geographical scope of the existing regulations is being maintained so that food that had a history of consumption in member states of the EU, and that could therefore be marketed in the EU without needing to be authorised, will not become novel and require authorisation to be sold in the UK when we leave. However, when we do leave the EU and new foods are added to the EU’s novel food list, will the UK mirror the same list and authorisation, or will it conduct its own review and authorisation? If the UK conducts its own review, which body will do it? Will the EU’s assessment be taken into account when we conduct a UK-only assessment? Public safety is paramount in all of this, as the Minister and I have discussed many times, so it is important that any reviewing body has the funding and resources to conduct a review. Can the Minister confirm that that is indeed the case?

Will a list of novel foods be available in the UK? Consumers are becoming more and more conscious about what is in the foods they eat, and rightly so. Any list must therefore detail all the information taken into account during the assessment so that consumers can make their own decisions. Packaging must also be clearly labelled with information about novel foods to ensure consumers are aware that their food is safe. It is of course highly important that any food entering the UK market for the first time is safe for human consumption. Leaving the EU should not mean a reduction in our food health standards.

Finally, the anomaly among these SIs, if we did not think that novel food was an anomaly, is the animal feed regulations—I suppose the Minister and I are discussing them because we are the Health Minister and the shadow Health Minister. This SI focuses on animal health and welfare, while taking into account the impact that that can have on human health—that is probably why it has fallen to the Minister and myself to debate it.

The SI says that all rules will remain the same as at present and that there will be a smooth transition for businesses, the feed sector and consumers. The elements of the instrument addressing deficiencies in the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 apply only in England. What discussions has the Minister had with his counterparts in the devolved Administrations? Is he confident that any regulations on animal feed will be similar, if not the same?

Any animal feed on the market, or used, anywhere in the UK must be safe. The conditions set out for labelling, packaging, sampling, analysis and hygiene must also meet a high standard to protect animal health and wellbeing. Animal feed must also be tested to ensure that it is not harmful to humans in the food chain.

Finally, any changes as a result of this SI must be effectively communicated to the agencies affected in a timely manner. With what could be as few as 10 days to go until Brexit day, will the Minister please confirm that he has had conversations with such agencies to notify them of any changes? The regulations must also be able to be amended easily in the event of emerging threats or changes in safety standards.

In closing, I would like to put on record once again that I am disappointed and concerned that it has come to this just 10 days—if nothing changes—before we are due to leave the EU and that we are still tying up loose ends in such legislation, which is so important to our food safety. We cannot let food safety standards slip as a result of Brexit. They are crucial to human and animal health, safety and welfare. That is why, although I am concerned about the way the Government are rushing through important legislation such as this, I none the less support these SIs. The UK’s food safety standards are paramount to our health and something we must not compromise on. With those remarks, I look forward to the Minister’s response. As ever, I hope he is able to answer some of my questions.

Draft Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

Sharon Hodgson Excerpts

Thursday 14th March 2019 General Committees

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to serve under your chairmanship this morning, Mr Wilson.

I am genuinely pleased to see the Minister in his place this morning—he knows that I mean that sincerely, because I also know how strongly he feels about the perils of no deal. I thank him for bringing the two draft statutory instruments before the Committee today and for summarising them so well for us.

On Tuesday, we were in Committee to scrutinise some other SIs, and I said that that was a very important day for our country but, as it turns out, the whole week is a very important week for our country. I am pleased that yesterday the House voted to take no deal off the table, although I am aware that does not guarantee it will not happen. However, we are only 15 days away from 29 March, and I am concerned that we are still hurtling towards leaving the European Union without a deal. I hope that tonight article 50 will be extended in order to give the Government more time to prepare, negotiate and provide those affected by these SIs, and all the others we have considered—such as industry and business—with more information about the impact that the changes will have on their day-to-day work.

As I have mentioned in my remarks in each SI Committee—I know that the Minister is probably sick of hearing this, although I try to say it differently each time—I regret that the Government are in this position and that they have run down the clock, achieving very little, as we have seen so far. We are now squeezing through very important legislation in such a short period—although, again, I recognise that that might be extended tonight—but as legislators, which we all are, we have a duty to scrutinise legislation effectively in order to protect the public. However, the Government have not given us enough time to do so effectively.

As the Minister is aware, Labour Members do not have access to the hordes of experts to whom the Government are privy, so I am literally drowning under the weight of all the SIs. I am sure he is, too, but he has a little more help than I do. Another batch of such SIs have been laid before the House this morning, to be dealt with on Monday, so there goes my weekend, and that of my small team. I know what we will be doing most of the time. That is another reason why an extension to article 50 would be welcome.

The health and safety of the public are of the utmost importance, which is why, although I recognise the need to transfer EU law into UK law, I have some questions for the Minister. I am sure that he will answer them in Committee if he can. I apologise in advance if he has already done so in his opening remarks, in which case he can skip answering them again. I have of course written my speech in advance, although I did try to cross out anything that he has already answered.

The draft regulations are a consequence of the UK’s decision to leave the EU, which will also result in our departure from the European Atomic Energy Community, or the Euratom treaty, which covers civil nuclear policy and legislation across the EU, including emergency response to nuclear incidents. Euratom reports to the International Atomic Energy Agency. Have the Government decided what the UK equivalent of Euratom will be, and how it will report to the IAEA?

The explanatory memorandum to the draft regulations on Chernobyl and Fukushima says:

“Where necessary, functions currently undertaken by for instance the European Commission...will be replaced by references to domestic risk management authorities.”

Who will the domestic risk management authorities be?

I am pleased that both explanatory memorandums to the SIs state that all rules will remain the same and that the maximum levels for radioactive contaminants in food will remain as they are now. Will that be kept under review? Will the UK continue to have conversations with the EU to keep the UK’s restrictions in line with the EU’s? If there is another incident—God forbid—on the same scale as Chernobyl and Fukushima, will the UK work with EU countries to mitigate the consequences for the public in this country?

The Minister has mentioned some dates: the retained EU legislation relating to food and feed from countries affected by the Chernobyl incident will expire on 31 March 2020, and the retained EU legislation relating to food and feed from Japan, following the Fukushima nuclear incident, will be reviewed by the Government before 30 June 2019. Will the Minister tell us if his Department has already made an assessment of whether the regulations should be extended? I am particularly concerned about legislation relating to food and feed from Japan, given how close that deadline is—it is only a couple of months away. If the legislation is to be extended or amended, will the Minister tell us how that would happen? Will it take place in a Delegated Legislation Committee such as this one?

The draft regulations on Chernobyl and Fukushima have an associated direct cost to businesses of £5.7 million. Will the Minister justify and explain that high cost? The explanatory memorandum also states that there will be no additional burdens on enforcement bodies. Does the Minister think that is a realistic assessment? Any changes must be clearly and effectively communicated to enforcement bodies, industry and businesses, to ensure that any changes are carried out smoothly. Protecting public health is of great importance and we must ensure that the changes protect members of the public. Any failure to do so may be a risk to UK consumers. I know that the Minister takes that point very seriously and wants to avoid such a risk, and that he will do all he can to mitigate that. I support him in that endeavour and I look forward to his response.

Draft Food and Feed (Chernobyl and Fukushima Restrictions) (EU Exit) Regulations 2019 Draft Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019

Sharon Hodgson Excerpts

Thursday 14th March 2019 General Committees

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to serve under your chairmanship this morning, Mr Wilson.

I am genuinely pleased to see the Minister in his place this morning—he knows that I mean that sincerely, because I also know how strongly he feels about the perils of no deal. I thank him for bringing the two draft statutory instruments before the Committee today and for summarising them so well for us.

On Tuesday, we were in Committee to scrutinise some other SIs, and I said that that was a very important day for our country but, as it turns out, the whole week is a very important week for our country. I am pleased that yesterday the House voted to take no deal off the table, although I am aware that does not guarantee it will not happen. However, we are only 15 days away from 29 March, and I am concerned that we are still hurtling towards leaving the European Union without a deal. I hope that tonight article 50 will be extended in order to give the Government more time to prepare, negotiate and provide those affected by these SIs, and all the others we have considered—such as industry and business—with more information about the impact that the changes will have on their day-to-day work.

As I have mentioned in my remarks in each SI Committee—I know that the Minister is probably sick of hearing this, although I try to say it differently each time—I regret that the Government are in this position and that they have run down the clock, achieving very little, as we have seen so far. We are now squeezing through very important legislation in such a short period—although, again, I recognise that that might be extended tonight—but as legislators, which we all are, we have a duty to scrutinise legislation effectively in order to protect the public. However, the Government have not given us enough time to do so effectively.

As the Minister is aware, Labour Members do not have access to the hordes of experts to whom the Government are privy, so I am literally drowning under the weight of all the SIs. I am sure he is, too, but he has a little more help than I do. Another batch of such SIs have been laid before the House this morning, to be dealt with on Monday, so there goes my weekend, and that of my small team. I know what we will be doing most of the time. That is another reason why an extension to article 50 would be welcome.

The health and safety of the public are of the utmost importance, which is why, although I recognise the need to transfer EU law into UK law, I have some questions for the Minister. I am sure that he will answer them in Committee if he can. I apologise in advance if he has already done so in his opening remarks, in which case he can skip answering them again. I have of course written my speech in advance, although I did try to cross out anything that he has already answered.

The draft regulations are a consequence of the UK’s decision to leave the EU, which will also result in our departure from the European Atomic Energy Community, or the Euratom treaty, which covers civil nuclear policy and legislation across the EU, including emergency response to nuclear incidents. Euratom reports to the International Atomic Energy Agency. Have the Government decided what the UK equivalent of Euratom will be, and how it will report to the IAEA?

The explanatory memorandum to the draft regulations on Chernobyl and Fukushima says:

“Where necessary, functions currently undertaken by for instance the European Commission...will be replaced by references to domestic risk management authorities.”

Who will the domestic risk management authorities be?

I am pleased that both explanatory memorandums to the SIs state that all rules will remain the same and that the maximum levels for radioactive contaminants in food will remain as they are now. Will that be kept under review? Will the UK continue to have conversations with the EU to keep the UK’s restrictions in line with the EU’s? If there is another incident—God forbid—on the same scale as Chernobyl and Fukushima, will the UK work with EU countries to mitigate the consequences for the public in this country?

The Minister has mentioned some dates: the retained EU legislation relating to food and feed from countries affected by the Chernobyl incident will expire on 31 March 2020, and the retained EU legislation relating to food and feed from Japan, following the Fukushima nuclear incident, will be reviewed by the Government before 30 June 2019. Will the Minister tell us if his Department has already made an assessment of whether the regulations should be extended? I am particularly concerned about legislation relating to food and feed from Japan, given how close that deadline is—it is only a couple of months away. If the legislation is to be extended or amended, will the Minister tell us how that would happen? Will it take place in a Delegated Legislation Committee such as this one?

The draft regulations on Chernobyl and Fukushima have an associated direct cost to businesses of £5.7 million. Will the Minister justify and explain that high cost? The explanatory memorandum also states that there will be no additional burdens on enforcement bodies. Does the Minister think that is a realistic assessment? Any changes must be clearly and effectively communicated to enforcement bodies, industry and businesses, to ensure that any changes are carried out smoothly. Protecting public health is of great importance and we must ensure that the changes protect members of the public. Any failure to do so may be a risk to UK consumers. I know that the Minister takes that point very seriously and wants to avoid such a risk, and that he will do all he can to mitigate that. I support him in that endeavour and I look forward to his response.

Draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 Draft Official Controls for Feed, Food and Animal Health and Welfare (Amendment Etc.) (EU Exit) Regulations 2019

Sharon Hodgson Excerpts

Tuesday 12th March 2019 General Committees

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is a pleasure to serve under your chairmanship again, Ms McDonagh, on this bright windy morning. I thank the Minister for bringing the two statutory instruments to the House today and for ably summarising them.

We are all aware that today is a very important day for our country. We are only 17 days from Brexit, yet MPs are just, tonight, getting the latest meaningful vote on the Prime Minister’s latest deal. I expect that not much, or perhaps not enough, will have changed; as the Minister said, we are waiting on the Attorney General’s judgment. This is all very concerning for millions of people up and down the country—concerns I know the Minister shares.

In the event of a no-deal Brexit—we might know in the next few days if that is what will happen—we need to be prepared, but as I have said throughout our consideration of these SIs, I regret that the Government have waited so long to prepare for no deal, given that it was the fallout position for if we did not get a deal. Regardless of how much scrutiny we give the legislation this morning, it is being rushed through. As legislators, we need two things: information and the time to process and scrutinise that information. Unfortunately, the Government have failed to provide MPs with either. I regret the way in which the Government have processed the legislation, but here we are.

Moving on to the SIs, food and feed law serves to protect public health, as well as animal health and welfare. I appreciate that that is a difficult balancing act, particularly in light of growing public concerns about where our food comes from. What conversations has the Minister been having with his colleagues in DEFRA about animal health and welfare, and its impact on our food?

In addition to ensuring human and animal health, the Government must provide continuity for business operators and trade. The Minister touched on that. Is he confident that the SIs will ensure that continuity? What conversations has his Department had with business operators and trade? Similarly, what conversations has his Department had with the scrutinising bodies that will take over the responsibilities of the EU bodies? Will the Minister please confirm which bodies will be doing that? Is he confident that they have adequate time and resources to provide a check and balance on food standards once we leave the EU?

The explanatory memorandum says that staff will need to familiarise themselves with the amendments. Is the Minister confident that the staff referred to in the memorandum have had all the information they require to do that?

[Martin Whitfield]

Originally, there was a reading time of less than 30 minutes, but following the consultation it was extended to not more than an hour. That has underpinned the financial implications of the statutory instruments. Does my hon. Friend agree that there seems to be an arbitrary take on the time it will take local authority officials and businesses to read the paperwork? When we have looked at it, it has certainly taken more than an hour to read, process and understand—if one is able to download it.

[Mrs Hodgson]

I agree with my hon. Friend. We debated that very point in some of last week’s Delegated Legislation Committees. I thought that perhaps I was a slow reader, as it took me considerably longer than 60 minutes not just to read it, but to try to understand and digest it. I recall the Minister saying last week that that time was just a guide, but I am sure he will address that point directly.

With that in mind, is the Department offering any support to scrutinising bodies to ensure that queries can be answered quickly and effectively? In the event of a no-deal Brexit, which none of us wants, there will be lots of new changes, so I hope that scrutinising bodies will be properly equipped to ensure that nothing is slipped through—chlorinated chicken, for example—that could cause harm later on. We need experts on the ground who are able to scrutinise and safeguard public health in the event of a no-deal Brexit.

Both statutory instruments cause fragmentation across the nations. Can the Minister tell the Committee when legislation will be made by the devolved Administrations? Has he had discussions with the devolved Administrations about these changes? Colleagues from all regions will be rightly concerned about the disparity that might be caused by the SIs.

The draft Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 include an amendment to the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011. I am sure that there is plastic kitchenware from China in my kitchen and in all our kitchens. It would be difficult for there not to be, considering how much China produces. However, this seems entirely isolated from the rest of the measures in the SI. Will the Minister tell the Committee why those changes are being made in this SI? Is there something about Chinese plastic kitchenware that we need to watch out for? I certainly do not eat it.

The draft food and feed imports regulations state that functions currently undertaken by the European Commission on food controls will be the responsibility of the Secretary of State. Can the Minister provide information on how decisions on food controls will be made and managed? Who will advise the Secretary of State on those decisions? Imported food can be susceptible to known or emerging risks linked to specific food or feed of animal and non-animal origin. It is therefore important for human health and consumer trust that we get this right. Equally, consumer trust and consciousness mean that we cannot see a reduction in animal ethics.

I hope that the Minister can allay some of those concerns today, and I look forward to his response.