European Union (Withdrawal) Bill

Debate between Baroness Altmann and Lord Brooke of Alverthorpe

Committee: 8th sitting (Hansard - continued): House of Lords
Monday 19th March 2018 Lords Chamber

[Baroness Altmann]

My Lords—

[Lord Brooke of Alverthorpe (Lab)]

My Lords, it is this side. I have been waiting patiently on this side. I am grateful to the noble Baroness; you will have your chance.

I support the amendment of the noble Lord, Lord Warner, signed by several other noble Lords. The UK is a leader in public health. We have done extraordinarily well on the world stage and within Europe. I trust that the Minister will have no problem with the advice from his colleague, the noble Lord, Lord Deben, to incorporate this into the Bill. There is no real reason why it should not go in. It should go in because that would send a wider message about what life might look like in future.

Post Brexit, the Government will have to negotiate about 760 treaties on different subjects with 168 countries. Many of these will affect people’s health in a variety of ways, many of which have been mentioned: food safety, environmental standards and chemicals.

I suspect that these negotiations—particularly with the United States—may affect the NHS. Given the fact that the NHS was a central part of the Brexiteers’ argument, it is very important to keep a close eye on this. It is possible that the UK may be vulnerable to industry lobbies when we are negotiating alone, not in concert with others from Europe. It is also possible that there may be other pressures. We have just heard from the noble Baroness, Lady Oppenheim-Barnes, who indicated that we should look at existing standards and change them. I suspect that many people who are interested in seeing a low-cost, Singapore-style economy will be pleased to see many of those weakened in future.

It is interesting to look at the lobby groups which have been involved in the Canada-EU negotiation, to see where they came from, what they were after and what they tried to secure. Many of those groups were involved in the failed negotiation between the USA and the EU. As has been mentioned, their interests revolve around alcoholic spirits, the quality and standards of meat, pesticides and chemicals. I have been seeking to find out who is lobbying the Government regarding the negotiations for a deal with the USA. From all accounts, there is a significant interest from the health sector, which is an extraordinarily big part of the USA economy. Compared with most other countries in Europe, the NHS is quite unique. We are the one remaining country with a virtually totally state-run health service with—as yet—minimal amounts sectored out, sourced out or privatised.

There is a view that, as part of a trade deal with the Americans, when seeking to get better deals in other areas, we might have to let something go—as you do in any negotiation. I am pleased to see that the Minister is shaking his head, saying that we are not going to negotiate on the NHS in a trade deal with the Americans in order to have the freedom to get deals in other areas when we could do better for our manufacturing business elsewhere. If that is the case, why do the Government not come out more firmly on this? They could make a start by accepting the amendment.

As other noble Lords have mentioned, this year is the 70th anniversary of the National Health Service. The amendment also provides the Government with an opportunity to affirm for future generations their commitment to universal healthcare free at the point of use and funded through general taxation. The negative impacts of privatisation on health service efficiency and quality are now well evidenced in many areas. Publicly run health services must not be opened up to further competition and no “ratchet clause” or negative listing should preclude the return of privatised public services to a state operation. A reverse could take place. If the NHS is safe in our hands, let us have a true red line written into the sand on this issue. We could make a start by seeing the Government’s commitment. Will they accept the amendment or not? We can then start moving towards firm commitments: not just mealy words then finding flexibility introduced into the negotiations allowing further encroachment and privatisation of the National Health Service.

[Baroness Altmann]

My Lords, I rise to support the amendment and to point out to the Minister that it gives him an opportunity. I know that he and the Government care deeply about public health. This amendment gives him the chance to reassure the Committee, and the wider public, that the Bill will do no harm to the precious public health. It is supported by more than 15 medical organisations, and I thank the Faculty of Public Health for its very informative briefings.

The amendment deliberately uses the language of Article 168 of the Lisbon treaty, so there is a body of jurisprudence through which it can be interpreted. The UK can be proud of its high standards of public health protection, safeguarded by legislation, policy and practice. I hope that the Government and my noble friend will seriously consider accepting this amendment to help provide the reassurance that, if we leave the EU, we will do no harm to public health. The amendment places a duty not only on the Government and the devolved authorities but on the arm’s-length bodies that can so often be involved in the detail of public health standards. This Bill is where constitutional stability and certainty needs to be established within our legal system, so I hope that the Minister will respond positively.