Medical Innovation Bill [HL]

Baroness Emerton Excerpts

Friday 27th June 2014 Lords Chamber

[Baroness Emerton (CB)]

My Lords, I add my thanks to the noble Lord, Lord Saatchi, for putting forward this important Bill. I add my appreciation to all those who have provided helpful and thought-provoking briefs. I also thank Peers who have widened the debate and discussion today. I declare an interest, being a retired nurse, a former lay member of the General Medical Council and a member of its professional conduct committee, and chairman of the Nursing and Midwifery Council.

I am very much in favour of innovation. I have had years of experience now within the health service and witnessed the many innovations that have come about. My first great impression was the introduction of the surgery and treatment for tuberculosis. However, innovation needs to be controlled.

I want to make two points, although I also thank the noble and learned Lord, Lord Mackay of Clashfern, for eruditely taking us through the safeguards this morning. First, I want to pick up on the point about the inclusion of the “multi-disciplinary team”. It must be recognised within the health service that, while doctors prescribe, diagnose and treat, other healthcare professions are often also involved. My concern is: what is the vicarious liability for the professions in terms of the organisations that they work for if we have no absolute research backing for the treatments that are taking place? This opens up an area that needs more discussion, and I ask the Minister whether there are any thoughts on the vicarious liability of the other healthcare professionals. Secondly, regarding the safeguards, I think that they have to be looked at in terms of the way in which the criteria are set and how the research is carried out.

As far as the patients are concerned, I take the point made by the noble Baroness, Lady Gardner of Parkes, about hope. Of course we all wish to see patients’ hopes met, and we must remember that we—doctors, nurses and healthcare professionals—are a compassionate and caring profession. However, we live at the moment in what has been described as a culture of fear. We need to think very carefully, if the Bill is to proceed, how that culture is to be overcome for the benefit of patients and of the professions by involving them across the multiprofessional teams in innovation. If the Bill proceeds to the next stage, and I hope that the opportunity is open to it to do so, I hope that these things can be addressed.