Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 26th March 2024 Commons Chamber

[Edward Argar]

The plan we have put in place is working, but there is more to do. The hon. Gentleman highlighted statistics that, as he will accept, I acknowledged from the Dispatch Box. We believe that our approach to tackling violence and to conflict resolution in our youth estate is right, and we will continue to press forward with it to reduce rates of assault on our hard-working and dedicated prison officers and staff.

[Mr Speaker]

I call the shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

The Government have decided to change the use of Cookham Wood youth offender institution to an adult prison. That follows a lack of progress in improving young people’s access to education, and increased violence on the prison estate. The behaviour management method of keeping young people in their cells has failed. This decision puts a spotlight on the wider crisis in adult prisons. When the young people are transferred, how will the Minister ensure that the practice of keeping them in their cells, and the cycle of violence, will end?

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[Edward Argar]

I am grateful to my hon. Friend, because she is quite right to highlight that a key element of tackling the prison capacity crisis is sending back, through deportation, foreign national offenders. She will be reassured that 18,000 have been deported in the past four years and we continue to drive that target ever higher.

[Mr Speaker]

I call the shadow Minister.

[Kevin Brennan (Cardiff West) (Lab)]

It is telling that the Minister is refusing to come clean with the public on how many prisoners are being released early under the scheme. As we know, the public are overwhelmingly in favour of an early release scheme if it were applied to his colleagues in a general election. [Laughter.] Does he have any intention, before that happy day, of releasing the truth about how many prisoners are being let out early?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 20th February 2024 Commons Chamber

[Edward Argar]

I am grateful to my hon. Friend for that. He is absolutely right about the importance of not just recruiting new prison officers, but retaining experienced ones in our prisons. That is why the pay deal done last year with HMPPS staff was hugely important, in recognising the important work that prison officers do day in, day out. It is also reflected in the fact that the leaving rate for prison officers is down in 2023 from where it was in 2022. However, there is more to do and we will continue to do it.

[Mr Speaker]

I call the shadow Justice Secretary.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

Prisoners are spending up to 23 hours a day locked up in their cells as a direct result of overcrowding and the prisons capacity crisis caused by this Government. However, I hear congratulations are in order following an announcement last month, not on the Government actually delivering any of the new prisons they have promised or on even getting spades in the ground, but on their submitting yet another planning application for the Leicestershire prison that the Secretary of State for Levelling Up, Housing and Communities has already ruled on once. Is not about time that the Minister renamed the new prisons programme the no prisons programme?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 9th January 2024 Commons Chamber

[Edward Argar]

If the hon. Gentleman would like to visit the Scrubs with me—and I am not issuing this one in error—I shall be happy to accompany him on a visit to his local prison.

As I have said, we continue to invest in our prison estate. We also continue to invest in increasing the number of prison officers—to whom I pay tribute for the work that they do day in, day out; I suspect that those on the Opposition Front Bench would join me in that—and to invest in purposeful activity. The efforts that we have put in across the estate are working, as is shown by the proportion of prison leavers who are in employment six months after their release, which has more than doubled in the two years to March 2023. I look forward to discussing this further with the hon. Gentleman in his local prison.

[Mr Speaker]

Order. As a Member of Parliament with a prison in his area, I find it disappointing that that invitation was withdrawn from a Member of Parliament with a prison in his own area. That is not how Members of Parliament should be treated, and I hope that the question of why a Member of Parliament has been refused access to a facility in his constituency will be investigated.

[Edward Argar]

I understand from my hon. Friend the Under-Secretary of State that the invitation was sent in error by the office—it was not meant to be sent—but I am happy to honour that invitation.

[Mr Speaker]

I hope that the Minister will look into this, because I am concerned about access for Members of Parliament. I now call the Chair of the Select Committee.

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[Edward Argar]

I shall certainly be happy to have that discussion with my hon. Friend if he feels that it would be useful. He is right to highlight the importance of adequate staff numbers, but I should point out that they have increased by 6.7% in the past year. I am also happy to tell him that this month we are launching the national regime model, which will require prisons to set out ambitious plans for dedicated purposeful activity—time out of cell. That will indeed hold their feet to the fire, because, as we know, such a regime is central to rehabilitation.

[Mr Speaker]

I call the shadow Minister.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

The latest figures show that the reoffending rate among those leaving prison has increased. That is partly because prison is failing to rehabilitate—which is no surprise, given how overcrowded, understaffed and dangerously unsafe many prisons are. In one case, after heavy rain, prison officers were having to wade through raw sewage while prisoners remained locked in their cells. Does the Minister accept that the appalling state of our prisons is not only failing to reduce crime, but breeding it?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 21st November 2023 Commons Chamber

[Edward Argar]

In a previous life as a Minister, as it were, I had youth justice in my portfolio back in 2018-19, and I had the opportunity to visit Feltham at that time. I worked with Charlie Taylor on delivering those recommendations into practice. I am pleased to tell the hon. Lady that we anticipate the first secure school opening in 2024.

[Mr Speaker]

I welcome the new shadow Minister.

[Janet Daby (Lewisham East) (Lab)]

Thank you, Mr Speaker. Education is vital to reduce violence, especially on the youth estate. However, violence on the youth estate is skyrocketing. Since last year, assaults on staff have increased by 33%. That puts prison staff at risk in their workplace and increases the trauma experienced by children and young people. It can also prolong their rehabilitation. How will the Minister use education and other methods available to him to reduce that violence?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 12th September 2023 Commons Chamber

[Edward Argar]

I am grateful to the hon. Gentleman, particularly for the dexterity with which he got Harrow Crown court in. He is right to highlight that case. I understand that remedial work is under way and that cases listed there have been transferred to other London courts to ensure they still continue to be heard. I understand from the Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), that the indicative timescale to complete the works is six to nine months.

[Mr Speaker]

I welcome the shadow Minister, Kevin Brennan. It will be quieter on the Back Benches but no doubt he will make up for it on the Front Bench.

[Kevin Brennan (Cardiff West) (Lab)]

Thank you, Mr Speaker. I suspect the Minister might anticipate what I am going to ask him because I am beginning to think the Department should be renamed the Department for Justice Delayed. Labour proposed that we change the law on attending sentencing back in 2022, and just last month the Leader of the Opposition said that we were prepared to amend the relevant legislation if there was no action, so why is it taking so long for the Government to intervene on behalf of victims and their families?

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[The Minister of State, Ministry of Justice (Edward Argar)]

I am grateful to my right hon. Friend, who I know takes a keen interest in this issue. The safety of our roads is a key objective for the Government, and protecting all road users is a priority. Like all road users, cyclists have a duty to behave in a safe and responsible manner. While laws are in place for cyclists, they are old and it can be difficult to successfully prosecute offences. That is why Department for Transport colleagues are considering bringing forward legislation to introduce new offences concerning dangerous cycling to tackle those rare instances where victims have been killed or seriously injured by irresponsible cycling behaviour.

[Mr Speaker]

I welcome the new shadow Secretary of State to her post.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 27th June 2023 Commons Chamber

[Edward Argar]

I am grateful to my hon. Friend, who is a champion for rural and coastal communities in all aspects. The Government take seriously the experience of victims across the country, no matter where they live. In addition to the measures I have just set out, the Crown Prosecution Service supports victims of crime from remote and rural areas, with victims being able to claim back travel expenses when they need to travel far to attend court. We recognise the challenges of rurality, which is why the MOJ’s sexual violence service design and delivery team has regular engagement with the National Rural Crime Network and is a member of the NRCN’s domestic violence working group.

[Mr Speaker]

I call the shadow Minister.

[Anna McMorrin (Cardiff North) (Lab)]

This week, it has been three years since the harm panel’s report found a serious risk of harm to victims of domestic abuse and their children in the family courts, yet we have seen that nothing has changed. Heartbreakingly, the experiences of victims in the family courts all read the same: the mother criminalised, the children ignored, the father excused. One 10-year-old girl disclosed to the guardian assigned to her case that her father had sexually abused and assaulted her. The guardian dismissed this and, instead, read a book to her, saying that her mother had made it up and her father had done nothing wrong. With no definition of rape or consent in statute in the family courts, when will the Government put a stop to this national scandal?

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[The Minister of State, Ministry of Justice (Edward Argar)]

My hon. Friend is absolutely right to highlight this issue. We yesterday tabled an amendment to the Online Safety Bill that would create a new offence of encouraging or assisting serious self-harm, whether by verbal or electronic communications, publication or correspondence. That fills a gap in the law and, together with the broader regulatory measures in the Bill, it will help to protect people from such content. It remains our intention, however, when parliamentary time allows, to expand the offence to cover encouragement or assistance given by means other than such communications, which are currently out of scope of the Bill.

[Mr Speaker]

I call the SNP spokesperson.

Abortion: Offences against the Person Act

Debate between Edward Argar and Lindsay Hoyle

Thursday 15th June 2023 Commons Chamber

[Edward Argar]

What debates are scheduled in Government time is a matter for the Leader of the House, who is in her place and will have heard my right hon. Friend’s representation, on which I am sure she will reflect.

[Mr Speaker]

I call the Opposition spokesperson.

[Thangam Debbonaire (Bristol West) (Lab)]

I thank my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson) for this vital urgent question, where she has highlighted the current problems clearly.

On behalf of colleagues, let me say that this is a shocking, tragic and complex case. Three children have been left without a mother. Women should be able to get access to safe, legal abortion. We are worried that this judgment will deter women from seeking urgent medical and healthcare support that they need—that is paramount. Of course, there need to be safeguards and time limits in place, to prevent late-term abortion, which does mean there needs to be some kind of legal framework. However, we do not want to see vulnerable women serving prison sentences or being prosecuted when it is not in the public interest to do so.

I ask the Government to work with us to look at options to prevent an awful case such as this from happening again. More immediately, I ask that the Sentencing Council looks at this case to stop this sort of circumstance, with this sort of sentence. It needs to do that because no guidelines are in place for this section of the 1861 Act and it needs to produce up-to-date guidance. We should not have vulnerable women sent to prison like this.

The Director of Public Prosecutions must also review the guidance on public interest prosecutions. Will the Government review the legal framework to see how best to ensure that women are not deterred from seeking medical and healthcare advice, while keeping proper safeguards in place? We will, of course, work with the Government, on a bipartisan basis.

The Minister has said that this a matter of conscience and for a free vote in the House, so I know that there will be Ministers who have been absent or opposed action to improve access to abortion. In the wake of this awful case, I hope that the Government will be in a position to take action, at least on sentencing guidelines. This is too important an issue to play politics on. Labour is willing to work with the Government. We ask them to note that the legal framework currently has two legal frameworks: one for Northern Ireland and one for the rest of the UK. [Interruption.] And I thank the Speaker for his indulgence. [Laughter.]

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[Edward Argar]

I am grateful to my right hon. Friend; his remarks highlight that there are strongly and sincerely held views on both sides of this debate, and it is right that those views are respected and able to be aired in Parliament. In noting that, all I would say on his final point is that although I respect his view, the House did debate that matter, and it expressed its view and voted accordingly.

[Mr Speaker]

I call the SNP spokesperson.

[Alison Thewliss (Glasgow Central) (SNP)]

The Royal College of Obstetricians and Gynaecologists has stated its belief

“that prosecuting a woman for ending their pregnancy will never be in the public interest.”

Even though the Offences Against the Person Act 1861 is England and Wales legislation, constituents of mine, and I know of other MPs in Scotland, have been in touch concerned about this shocking case and the precedent that it sets in a worldwide context of erosion of women’s bodily autonomy. Abortion is a devolved matter and the SNP remains committed to protecting the legal right to essential healthcare, which is what abortion services are, safely and free from stigma. I hope to see more progress in Scotland on this area. I welcome that today sees the lodging of the final proposal for MSP Gillian Mackay’s private Member’s Bill on buffer zones in Scotland and I wish her all the best with that.

Is the Minister concerned that this judgment may create a chilling effect on women accessing healthcare services and, given the outrage that the judgment has caused, would he support decriminalisation to prevent this from ever happening again?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 28th March 2023 Commons Chamber

[Edward Argar]

As ever, I am grateful to the hon. Lady for her question and the tone in which she put it. She will have seen the draft Victims Bill, and our response to the prelegislative scrutiny report by the Justice Committee. On support, she will be aware that we have more than quadrupled the funding for victims of crime, up from £41 million in 2009-10. As the Minister who wrote the victims strategy when I was last in this post in 2018-19, like her I very much look forward to the victims Bill. I hope she will not have long to wait, and I look forward to it being brought forward in due course. When it is, I look forward to working constructively with her as it passes through this House and the other place.

[Mr Speaker]

I call the shadow Minister.

[Anna McMorrin (Cardiff North) (Lab)]

Since questions began at 11.30 am today, 12 women across the country will have been raped. It is likely that not a single one of them will see their rapist charged. Those women have no Victims’ Commissioner and no victims Bill to protect them. Have not women suffered enough? How long will victims have to wait until they are put first in this broken justice system?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 21st February 2023 Commons Chamber

[Edward Argar]

I am happy to join the hon. Lady in congratulating her local police and crime commissioner on her work on this hugely important issue. I would highlight the significant progress that has been made under this Government. The number of reports to the police of rape and serious sexual offences is going up, the number of referrals from the police to the Crown Prosecution Service for charge is going up, and the number of Crown court receipts is going up. Those are all significant signs of progress, but there is more to do.

On the hon. Lady’s point about courts, she will be aware that three courts—Snaresbrook, Leeds and Newcastle—are piloting additional measures on these issues. Those pilots are in their relatively early months and it would be wrong to prejudge them, but I continue to follow the progress of those courts with specialist measures with care.

[Mr Speaker]

I call the Chair of the Justice Committee.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

The Minister is right to emphasise the importance of bearing down on these dreadful offences. Has he seen the research published this week in the Criminal Law Review based on the largest ever dataset of Crown court cases, which suggests that convictions for rape have risen markedly since 2018 and now stand at 75%, against an increase in charging as well, and that the conviction rate for rape and serious sexual offences is now higher than for other offences of violence against the person? That is important information. That work was carried out by Professor Cheryl Thomas, who is regarded as the leading academic expert on juries, using the largest ever dataset. Does the Minister agree that we should take that into account when we consider how best to take forward our policies to bear down on these serious offences—using up-to-date information to adjust our policies?

[Edward Argar]

My hon. Friend is absolutely right. I confess that while I am aware of the Criminal Law Review article, I have yet to read it in full. I will certainly do so, given his strong recommendation. He is right to highlight what it says, which is that significant progress has been made, and that it is important to base our debates on this hugely emotive and important subject on evidence. A lot has been achieved, but there is still more to do.

[Mr Speaker]

We now come to the shadow Minister.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Two years on from the Government’s end-to-end rape review, rape allegations leading to a charge or summons stand at 1.6%, rape victims are waiting 1,113 days for their case to get to court, and only 2,500 rape prosecutions were completed last year—half the level of 2016. Is this not a Government who are letting rapists off and letting victims down?

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 22nd November 2022 Commons Chamber

[Mr Speaker]

Welcome, Minister.

[The Minister of State, Ministry of Justice (Edward Argar)]

Thank you very much, Mr Speaker—it is nice to be back in the Ministry of Justice after an absence of a little over three years.

Data is collated on the ethnicity of defendants who are prosecuted and convicted of a criminal offence, but not on whether that crime was part of joint enterprise. We are, however, considering whether such data could be collected as part of the Common Platform programme. The Common Platform aims, as Members will have heard, to provide a single case management system that will enable the sharing of evidence and case information across the criminal justice system.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 14th June 2022 Commons Chamber

[Edward Argar]

I am grateful to my hon. Friend for drawing attention to this important issue as well as for highlighting what is going on in Norfolk and the opportunities to learn from that. The Government have put record funding into mental health, and I understand that my right hon. Friend the Secretary of State is due to meet him and supporters of the campaign soon.

[Mr Speaker]

I call the shadow Minister.

[Dr Rosena Allin-Khan (Tooting) (Lab)]

Working a shift in A&E just two days ago, I could not have felt prouder of the teams of nurses who form the foundation of our NHS. As the Minister is so gushing about the Government’s track record, will he explain why specialist food banks are being opened up in hospitals? Will he explain why, in a report by the Royal College of Nursing, 83% said that staffing levels on their last shift were not sufficient to meet patients’ needs safely and effectively? These lifesavers need a Government who are on their side. Only Labour will deliver for the NHS workforce and ensure that nurses and patients get what they rightly deserve.

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[The Minister for Health (Edward Argar)]

I am grateful to my hon. Friend; he rightly alludes to the fact that he is a strong champion of his constituents and has met me on a number of occasions to argue the merits of the Thornberry health centre. As he will be aware, we now have a multi-year capital settlement for our NHS, which will allow us the opportunity, through local systems, to consider the most appropriate projects for investment.

[Mr Speaker]

Like Chorley.

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[Edward Argar]

It was a great pleasure to visit my hon. Friend before the jubilee weekend and to meet the staff who do such an amazing job at his local hospital. As ever, his puts his case clearly and firmly for a new hospital to replace the QE in King’s Lynn, and we hope to be able to announce the longlist of those expressions of interest in due course.

[Mr Speaker]

Including Chorley, I hope.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 19th April 2022 Commons Chamber

[Edward Argar]

I am grateful to my hon. Friend, who takes a close interest in this issue, which she and I have discussed on a number of occasions. She is right to highlight the challenges that some more remote or rural communities can face in securing the workforce they need to meet their communities’ needs. The HEE work and the subsequent workforce framework will be looking at that across the whole range of different geographies and the challenges they face.

[Mr Speaker]

I call the SNP spokesperson.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

The Scottish Government have recently bought Carrick Glen, a private healthcare hospital, in order for it to become part of the national network of treatment centres, which once fully operational will have capacity for over 40,000 additional surgeries and procedures each year. In contrast, the UK Government have taken the path of further privatisation of the NHS, so what recent assessment has the Minister made of the impact on the workforce of further privatisation of NHS England?

Health and Care Bill

Debate between Edward Argar and Lindsay Hoyle

Report stage
Tuesday 23rd November 2021 Commons Chamber

[Edward Argar]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 13—National self-care strategy—

“(1) The Secretary of State must prepare a National Self-Care Strategy to fully integrate self-care for minor ailments into the wider health system.

(2) The National Self-Care Strategy must have regard to the need to—

(a) address inequalities in health literacy;

(b) enhance the understanding of primary and secondary age children on how to self-care;

(c) introduce self-care modules in healthcare professionals’ training curricula and continuing professional development;

(d) make best use of, and expand, the Community Pharmacist Consultation Service;

(e) improve access to effective self-care treatments;

(f) enable community pharmacists to refer people directly to other healthcare professionals;

(g) ensure better support for primary care networks to deliver self-care;

(h) evaluate the use of technologies that have been developed during the COVID-19 pandemic to promote greater self-care; and

(i) accelerate efforts to enable community pharmacists to populate medical records.”

This new clause would ensure that the Secretary of State for Health and Social Care publishes a national self-care strategy to integrate self-care for minor ailments into the health system.

New clause 18—Secretary of State’s duty to report on access to NHS dentistry—

“(1) The Secretary of State must publish an annual report setting out levels of access to NHS dentistry across England and average waiting times for primary care dental treatment in each region, and describing the action being taken to improve them.

(2) NHS England and Health Education England must assist in the preparation of a report under this section, if requested to do so by the Secretary of State.”

This new clause would require the Secretary of State to report annually on the levels of access to NHS dentistry in England, setting out average waiting times for primary care dental treatment in each region, and describing action being taken to improve them as necessary.

New clause 19—Inclusion in the NHS mandate of cancer outcome targets—

“(1) Section 13A of the National Health Service Act 2006 (Mandate) is amended in accordance with subsection (2).

(2) After subsection (2), insert the following new subsection—

‘(2A) The objectives that the Secretary of State considers NHS England should seek to achieve which are specified in subsection (2)(a) must include objectives for cancer treatment defined by outcomes for patients with cancer, and those objectives are to be treated by NHS England as having priority over any other objectives relating to cancer treatment.’”

This new clause would require the Secretary of State to set objectives for the NHS on cancer treatment which are defined by outcomes (such as one-year or five-year survival rates), and would give those objectives priority over any other objectives relating to cancer treatment (such as waiting times).

New clause 20—Annual parity of esteem report: spending on mental health and mental illness—

“Within six weeks of the end of each financial year, the Secretary of State must lay before each House of Parliament a report on the ways in which the allotment made to NHS England for that financial year contributed to the promotion in England of a comprehensive health service designed to secure improvement—

(a) in the mental health of the people of England, and

(b) in the prevention, diagnosis and treatment of mental illness.”

This new clause would require the Secretary of State for Health and Social Care to make an annual statement on how the funding received by mental health services that year from the overall annual allotment has contributed to the improvement of mental health and the prevention, diagnosis and treatment of mental illness.

New clause 23—NHS Good Governance Commission—

“(1) Regulations shall provide for the establishment of an NHS Good Governance Commission as a Special Health Authority.

(2) The Commission shall have responsibility for ensuring that anyone appointed to, or elected into, a non-executive role on an NHS Body—

(a) is a fit and proper person for that role; and

(b) has been appointed or elected by a process that the Commission considers appropriate.”

This new clause returns to the position prior to 2012 and ensures independent oversight of important NHS appointments.

New clause 24—Appropriate consent to transplantation activities when travelling abroad—

“The Human Tissue Act 2004 is amended as follows—

‘(1) Section 32 (Prohibition of commercial dealings in human material for transplantation) is amended as follows.

(2) In subsection (1), after paragraph (e) insert—

“(f) travels outside the United Kingdom—

(i) to a country with a system of deemed consent for the donation of controlled material which does not meet the criteria in subsection (1A) and receives any controlled material, for the purpose of transplantation, and

(ii) to a country with a system of explicit consent for the donation of controlled material and receives any controlled material for the purpose of transplantation where the material was obtained without—

(A) the free, informed and specific consent of a living donor, or

(B) the free, informed and specific consent of the donor’s next of kin, where the donor is unable to provide consent; and

(g) receives any controlled material for the purpose of transplantation for which, in exchange for the removal of controlled material—

(i) the living donor, or a third party, receives a financial gain or comparable advantage, or

(ii) from a deceased donor, a third party receives financial gain or comparable advantage.

(1A) The Secretary of State must publish an annual assessment of countries with a system of deemed consent for donation of controlled material determining whether each of those countries—

(a) provides a formal, publicly funded scheme for opting out of deemed consent for donation of controlled material, and

(b) provides an effective programme of public education to its population on the deemed consent system and the opt-out scheme which delivers a high level of public understanding of both.

(1B) For the purposes of paragraphs (f) and (g) in subsection (1), it is immaterial whether the offence of dealing in controlled material for transplantation is caused by an act or an omission.

(1C) For the purposes of paragraph (g) in subsection (1), it is immaterial whether the acts or omissions which form part of the offence take place in the United Kingdom or elsewhere.

(1D) In paragraph (g) in subsection (1), the expression “financial gain or comparable advantage” does not include compensation for loss of earnings and any other justifiable expenses caused by the removal or by the related medical examinations, or compensation in case of damage which is not inherent to the removal of controlled material.

(1E) Subsection (1F) applies if—

(a) no act which forms part of an offence under subsection (1) takes place in the United Kingdom, but

(b) the person committing the offence has a close connection with the United Kingdom.

(1F) For the purposes of subsection (1e)(b), a person has a close connection with the United Kingdom if, and only if, the person was one of the following at the time the acts or omissions concerned were done or made—

(a) a British citizen,

(b) a British overseas territories citizen,

(c) a British National (Overseas),

(d) a British Overseas citizen,

(e) a person who under the British Nationality Act 1981 was a British subject,

(f) a British protected person within the meaning of that Act,

(g) an individual ordinarily resident in the United Kingdom,

(h) a body incorporated under the law of any part of the United Kingdom,

(i) a Scottish partnership.

(1G) In such a case, proceedings for the offence may be taken in any criminal court in England and Wales or Northern Ireland.”

(3) In subsection (3), after “subsection (1)” insert “(a) to (e)”.

(6) In subsection (4), after “subsection (1)” insert “(a) to (e)”.

(7) After subsection (4) insert—

“(4A) A person guilty of an offence under subsection (1)(f) or (1)(g) shall be liable—

(a) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months,

(ii) to a fine not exceeding the statutory maximum, or

(iii) to both;

(b) on conviction on indictment—

(i) to imprisonment for a term not exceeding 9 years,

(ii) to a fine, or

(iii) to both.”

(6) Section 34 (Information about transplant operations) is amended as follows.

(12) After subsection (2) insert—

“(2A) Regulations under subsection (1) must require specified persons to—

(a) keep patient identifiable records for all instances of UK citizens who have received transplant procedures performed outside the United Kingdom; and

(b) report instances of transplant procedures performed on UK citizens outside the United Kingdom to NHS Blood and Transplant.

(2B) Regulations under subsection (1) must require NHS Blood and Transplant to produce an annual report on instances of UK citizens receiving transplant procedures outside the United Kingdom.”’”

New clause 25—Regulation of the public display of imported cadavers—

“(1) The Human Tissue Act 2004 is amended as follows.

(2) In subsections (5)(a), (6)(a) and (6)(b) of section 1 (authorisation of activities for scheduled purposes) after ‘imported’ insert ‘other than for the purpose of public display’.”

New clause 26—Report on claims for reimbursement of the immigration health surcharge—

“The Secretary of State must publish and lay a Report before Parliament giving the numbers of completed claims that have been made under the immigration health surcharge reimbursement scheme within 6 weeks of the commencement of this Act.”

This new clause requires the Secretary of State to report the number of completed claims under the Immigration Health Surcharge for NHS and care workers from overseas.

New clause 27—Secretary of State’s duty to report on waiting times for treatment—

“The Secretary of State must prepare and publish a report annually on waiting times for treatment in England, disparities in waiting times for treatment in England and the steps being taken to ensure that patients can access services within maximum waiting times in accordance with their rights in the NHS Constitution.”

New clause 30—Problem drug use as a health issue—

“(1) The UK Government will adopt a cross-government approach to drugs policy which treats problem drug use as primarily a health issue (‘the health issue principle’).

(2) In accordance with the health issue principle, the Prime Minister must, as soon as reasonably practicable—

(a) make the Secretary of State for Health and Social Care responsible for leading drugs policy in England,

(b) lay before Parliament a report on the steps that will be taken to transfer responsibilities to the Department for Health and Social Care from other departments, and

(c) undertake a review of devolution and drugs policy in light of that transfer and in accordance with subsection (3).

(3) The review of devolution and drugs policy must consider—

(a) steps to transfer responsibility for drugs policy to the devolved administrations in a manner consistent with the health issue principle and the transfers of responsibilities in England in subsection (2), and

(b) the consistency of the devolution settlement, including the specific reservation of the misuse of drugs under paragraph B1 of Part II of Schedule 5 of the Scotland Act 1998, paragraph 54 of Schedule 7A of the Government of Wales Act 2006 and paragraph 9f of Schedule 3 of the Northern Ireland Act 1998 with the health principle and any associated recommendations for change.

(4) In undertaking that review, the Prime Minister must consult—

(a) the Scottish Ministers,

(b) the Welsh Ministers, and

(c) the Department of Health in Northern Ireland.

(5) A report on the findings of the review must be laid before Parliament within six months of the passing of this Act.”

This new clause would require the UK Government to approach problem drug use primarily as a health issue and, in so doing, to make the Secretary of State for Health and Social Care the lead minister for drugs policy in England. The Prime Minister would also be required to undertake a review of the devolution of responsibility over drugs policy in the new context of recognising problem drug use primarily as a health issue.

New clause 31—Reduction in upper gestation limit for abortion to 22 weeks’ gestation—

“(1) The Infant Life (Preservation) Act 1929 is amended as follows.

In section 1(2) for ‘twenty-eight’ substitute ‘twenty-two’.

(2) The Abortion Act 1967 is amended as follows.

In section 1(1)(a) for ‘twenty-fourth’ substitute ‘twenty-second’.”

This new clause would reduce the upper gestational limit for abortion in most cases to 22 weeks’ gestation.

New clause 32—Resolution of differences over the care of children with life-limiting illnesses—

“(1) This section applies where there is a difference of opinion between a parent of a child with a life-limiting illness and a doctor responsible for the child’s treatment about—

(a) the nature (or extent) of specialist palliative care that should be made available for the child, or

(b) the extent to which palliative care provided to the child should be accompanied by one or more disease-modifying treatments.

(2) Where the authorities responsible for a health service hospital become aware of the difference of opinion they must take all reasonable steps—

(a) to ensure that the views of the parent, and of anyone else concerned with the welfare of the child, are listened to and taken into account;

(b) to make available to the parent any medical data relating to the child which is reasonably required as evidence in support of the parent’s proposals for the child’s treatment (including obtaining an additional medical opinion);

(c) to refer the difference of opinion to any appropriate clinical ethics committee (whether or not within the hospital) or to any other appropriate source for advice.

(3) Where the responsible authorities consider that the difference of opinion is unlikely to be resolved informally, they must take all reasonable steps to provide for a mediation process, between the parent or parents and the doctor or doctors, which is acceptable to both parties.

(4) In the application of subsections (2) and (3) the hospital authorities—

(a) must involve the child’s specialist palliative care team so far as possible; and

(b) may refuse to make medical data available if the High Court grants an application to that effect on the grounds that disclosure might put the child’s safety at risk in special circumstances.

(5) Where the difference of opinion between the parent and the doctor arises in proceedings before a court—

(a) the child’s parents are entitled to legal aid, within the meaning of section 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Lord Chancellor’s functions) in respect of the proceedings; and the Lord Chancellor must make any necessary regulations under that Act to give effect to this paragraph; and

(b) the court may not make any order that would prevent or obstruct the parent from pursuing proposals for obtaining disease-modifying treatment for the child (whether in the UK or elsewhere) unless the court is satisfied that the proposals—

(i) involve a medical institution that is not generally regarded within the medical community as a responsible and reliable institution, or

(ii) pose a disproportionate risk to the child of significant harm.

(6) Nothing in subsection (4) requires, or may be relied upon so as to require, the provision of any specific treatment by a doctor or institution; in particular, nothing in subsection (4)—

(a) requires the provision of resources for any particular course of treatment; or

(b) requires a doctor to provide treatment that the doctor considers likely to be futile or harmful, or otherwise not in the best interests of the child.

(7) Subsection (4)(a) does not prevent the court from making an order as to costs, or any other order, at any point in the proceedings.

(8) In this section—

‘child’ means an individual under the age of 18;

‘health service hospital’ has the meaning given by section 275 of the National Health Service Act 2006 (interpretation);

‘parent’ means a person with parental responsibility for a child within the meaning of the Children Act 1989; and

‘person concerned with the welfare of the child’ means a parent, grandparent, sibling or half-sibling.

(9) Nothing in this section affects the law about the appropriate clinical practice to be followed as to—

(a) having regard to the child’s own views, where they can be expressed; and

(b) having regard to the views of anyone interested in the welfare of the child, whether or not a person concerned within the welfare of the child within the meaning of this section.”

This new clause has a single purpose, which is to make provision about the resolution of differences of opinion between a child’s parents and the doctors responsible for the child’s treatment.

New clause 34—Visits to care homes—

“(1) Regulation 9 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 is amended as follows.

(2) After Regulation 9, paragraph (3), sub-paragraph (i), insert—

‘(j) facilitating face to face contact between the service user and persons significant to the service user so as to meet the service user’s needs and preferences, having particular regard to their emotional and psychological needs;

(k) where the registered person determines following an individualised risk assessment that unrestricted face to face contact between significant persons and the service user is not possible, facilitating face to face contact with the significant person or persons whom the registered person reasonably believes best meets the needs and preferences of the service user;

(l) where the registered person determines following an individualised risk assessment that no face to face contact between any significant persons and the service user is possible, facilitating contact with significant persons in such other ways as best meets the needs and preferences of the service user and is in accordance with the individualised risk assessment.’

(3) After Regulation 9, paragraph (6), insert—

‘(7) In this regulation

“face to face contact” means contact without fixed physical barriers between the service user and the significant person, but includes contact where the service user and/or relevant person or persons are wearing appropriate personal protective equipment if such is required to prevent or control the spread of infections, including those that are health care associated;

“an individualised risk assessment” means a risk assessment which considers—

(a) the risks to the health and well-being of the service user both of having and not having face to face to contact with either two or more significant persons (for purposes of paragraph 3, sub-paragraph (k)) or one relevant person (for purposes of paragraph 3, sub-paragraph (I));

(b) the risks to the health and well-being of other service users arising from the registered person facilitating face to face contact between the service user and a person or persons significant to that service user; and

(c) the risks to the health and well-being of the service user (and to other service users) of alternative options for contact to minimise the risks identified in (a) and (b).

“significant person” means any person falling within section 4(7) sub-paragraphs (a) to (d) of the 2005 Act (whether or not the service user lacks capacity for purposes of the 2005 Act to decide whether or not to have face to face contact with them) and “person significant to the service user” is to be read accordingly.’”

This new clause would give effect to the recommendation of the Joint Committee on Human Rights to require individualised risk assessments for care home residents, and to ensure procedures are in place for such assessments to be queried where adequate efforts have not been made to enable safe visits to care homes.

New clause 35—Visits to patients in hospital—

“(1) The Secretary of State must by regulations make provision to ensure that arrangements are made to allow visitors to patients staying in hospital.

(2) The regulations must ensure that any such arrangements observe the following principles—

(a) Safety – The approach to visiting must balance the health and safety needs of patients, staff, and visitors, and ensure risks are mitigated.

(b) Emotional well-being – Allowing visitors is intended to support the emotional well-being of patients by reducing any potential negative impacts related to social isolation.

(c) Equitable access – All patients must be given equitable access to receive visitors, consistent with their preferences and within reasonable restrictions that safeguard patients.

(d) Flexibility – The physical/infrastructure characteristics of the hospital, its staffing availability, the risks arising from any outbreak of disease in the hospital and the availability of personal protective equipment are all variables to take into account when setting hospital-specific policies.

(e) Equality – Patients have the right to choose their visitors.”

This new clause would require the Secretary of State to make regulations providing for rights to visit patients in hospital.

New clause 50—Amendment of the law relating to abortion—

“(1) The Offences Against the Person Act 1861 is amended as follows.

(2) In section 58 (administering drugs or using instruments to procure abortion)—

(a) omit the words from the beginning to ‘intent, and’;

(b) at the end insert ‘; but this section does not apply to a woman in relation to the procurement of her own miscarriage.’

(3) In section 59 (procuring drugs, etc. to cause abortion), at the end insert ‘; but this section does not apply to a woman in relation to the rocurement of her own miscarriage.’”

This new clause would have the effect that a woman could not be held criminally liable under the Offences against the Person Act 1861 in relation to procuring, or attempting to procure, her own abortion.

New clause 51—Termination of pregnancy on the grounds of the sex of the foetus—

“Nothing in section 1 of the Abortion Act 1967 is to be interpreted as allowing a pregnancy to be terminated on the grounds of the sex of the foetus.”

This new clause would clarify that abortion on the grounds of the sex of the foetus is illegal.

New clause 52—Introduction of upper gestational limit on abortion on the grounds of disability—

“(1) The Abortion Act 1967 is amended as follows.

(2) In section 1 (Medical termination of pregnancy) at the beginning of sub-paragraph (d) to paragraph (1), insert—

‘that the pregnancy has not exceeded the gestational limit identified in sub-paragraph (a) and’”.

This new clause would introduce an upper gestational limit on abortion on the grounds of disability equal to the upper gestational limit on most other abortions

New clause 53—Review of effect on migrants of charges for NHS treatment—

“(1) Within six months of the passage of this Act, the Secretary of State must conduct a review of the effect on migrants of charges for NHS treatment, and lay a report of that review before Parliament.

(2) Before completing the review, the Secretary of State must consult representatives of groups subject to such charges.”

New clause 54—Equality impact analyses of provisions of this Act—

“(1) The Secretary of State must review the equality impact of the provisions of this Act in accordance with this section and lay a report of that review before the House of Commons within six months of the passage of this Act.

(2) A review under this section must consider the impact of those provisions on—

(a) households at different levels of income,

(b) people with protected characteristics (within the meaning of the Equality Act 2010),

(c) the Government’s compliance with the public sector equality duty under section 149 of the Equality Act 2010, and

(d) equality in different parts of the United Kingdom and different regions of England.

(3) A review under this section must include a separate analysis of each section of the Act, and must also consider the cumulative impact of the Act as a whole.”

New clause 56—Abolition of prescription charges—

“(1) Charges may not be made for NHS prescriptions.

(2) Within six weeks of the passage of this Act, the Secretary of State must exercise the relevant powers under the National Health Service Act 2006 to give effect to subsection (1).

(3) Subsection (1) does not apply to any charges which may be made before the action necessary to give effect to that subsection has been taken under subsection (2).”

New clause 60—Duty to consider residents of other parts of UK—

“For section 13O of the National Health Service Act 2006 substitute—

‘130 Duty to consider residents of other parts of UK

(1) In making a decision about the exercise of its functions, NHS England must have regard to any likely impact of the decision on—

(a) the provision of health services to people who reside in Wales, Scotland or Northern Ireland, or

(b) services provided in England for the purposes of—

(i) the health service in Wales,

(ii) the system of health care mentioned in section 2(1)(a) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1 (N.I.)), or

(iii) the health service established under section 1 of the National Health Service (Scotland) Act 1978.

(2) The Secretary of State must publish guidance for NHS England on the discharge of the duty under subsection (1).

(3) NHS England must have regard to guidance published under subsection (2).’”

This new clause places a duty on NHS England to consider the likely impact of their decisions on the residents of Wales, Scotland and Northern Ireland, and to consider the impact of services provided in England on patient care in Wales, Scotland and Northern Ireland.

New clause 61—Interoperability of data and collection of comparable healthcare statistics across the UK—

“(1) The Health and Social Care Act 2012 is amended as follows.

(2) In section 250 (Powers to publish information standards)—

(a) in subsection (3), at the beginning, insert ‘Subject to subsection (3A)’;

(b) after subsection (3), insert the following subsection—

‘(3A) The Secretary of State may also exercise the power under subsection (1) so as to specify binding data interoperability requirements which apply across the whole of the United Kingdom, and an information standard prepared and published by virtue of this subsection may apply to any public body which exercises functions in connection with the provision of health services anywhere in the United Kingdom.’

(c) after subsection (6E) (inserted by section 79 of this Act), insert the following subsection—

‘(6F) The Secretary of State must report to Parliament each year on progress on the implementation of an information standard prepared in accordance with subsection (3A).’

(3) In section 254 (Powers to direct Information Centre to establish information systems), after subsection (2), insert—

‘(2A) The Secretary of State must give a direction under subsection (1) directing the Information Centre to collect and publish information about healthcare performance and outcomes in all parts of the United Kingdom in a way which enables comparison between different parts of the United Kingdom.

(2B) Scottish Ministers, Welsh Ministers and Northern Ireland Ministers must arrange for the information relating to the health services for which they have responsibility described in the direction made under subsection (2A) to be made available to the Information Centre in accordance with the direction.’”

This new clause would enable the Secretary of State to specify binding data interoperability standards across the UK, require the collection and publication of comparable information about healthcare performance and outcomes across the UK, and require Ministers in the devolved institutions to provide information on a comparable basis.

New clause 63—NHS duty to carers—

“NHS bodies must identify unpaid carers who come into contact with NHS services and ensure that their health and wellbeing is taken into account when decisions are made concerning the health and care of the person or people for whom they care.”

New clause 64—Review of public health and health inequalities effects—

“(1) The Secretary of State for Health and Social Care must review the public health and health inequalities effects of the provisions of this Act and lay a report of that review before the House of Commons within six months of the passing of this Act.

(2) A review under this section must consider—

(a) the effects of the provisions of this Act on socioeconomic inequalities and on population groups with protected characteristics as defined by the 2010 Equality Act,

(b) the effects of the provisions of this Act on life expectancy and healthy life expectancy in the UK,

(c) the effects of the provisions of this Act on the levels of relative and absolute poverty in the UK, and

(d) the effects of the provisions of this Act on health inequalities.”

Amendment 89, in clause 4, page 2, line 40, after first “the” insert “physical and mental”.

This amendment requires NHS England to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 67, page 3, line 7, at end insert—

“(d) health inequalities.”

This amendment would modify the triple aim to explicitly require NHS England to take account of health inequalities when making decisions.

Amendment 90, page 3, line 10, after “of” insert “physical and mental”.

This amendment requires NHS England to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 44, in clause 6, page 3, line 40, leave out “person” and insert “relevant public body”.

Amendment 45, page 4, line 1, leave out “person” and insert “public body”.

Amendment 46, page 4, line 4, after “employees”, insert

“, within their terms and conditions of employment,”.

Government amendments 83 and 84.

Amendment 70, page 48, line 34, leave out clause 39.

Amendment 93, in clause 44, page 49, line 31, after first “the” insert “physical and mental”.

This amendment will require NHS Trusts to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 94, page 49, line 36, after first “of” insert “physical and mental”.

This amendment will require NHS Trusts to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 71, page 49, line 39, at end insert—

“(d) health inequalities.”

This amendment would modify the triple aim to explicitly require NHS trusts to take account of health inequalities when making decisions.

Amendment 95, in clause 58, page 55, line 23, after first “the” insert “physical and mental”.

This amendment will require NHS foundation trusts to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 96, page 55, line 28, after first “of” insert “physical and mental”.

This amendment will require NHS foundation trusts to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 97, in clause 66, page 61, line 26, after first “the” insert “physical and mental”.

This amendment will require decisions on licensing of health care to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Amendment 98, page 61, line 32, after first “of” insert “physical and mental”.

This amendment will require decisions on licensing of health care to prioritise both the physical and mental health and well-being of the people of England and to work towards the prevention, diagnosis or treatment of both physical and mental illness, replicating the parity of esteem duty introduced in the Health and Social Care Act 2012.

Government amendment 115.

Amendment 60, page 71, line 6, leave out clause 80.

This amendment is to ensure that social care assessments take place prior to discharge from hospital.

Amendment 73, in clause 80, page 71, line 9, at end insert—

“(2A) A social care needs assessment must be carried out by the relevant local authority before a patient is discharged from hospital or within 2 weeks of the date of discharge.

(2B) Each integrated care board must agree with all relevant local authorities the process to apply for social care needs assessment in hospital or after discharge, including reporting on any failures to complete required assessments within the required time and any remedies or penalties that would apply in such cases.

(2C) Each integrated care board must ensure that—

(a) arrangements made for the discharge of any patient without a relevant social care assessment are made with due regard to the care needs and welfare of the patient, and

(b) the additional costs borne by a local authority in caring for a patient whilst carrying out social care needs assessments after a patient has been discharged are met in full.

(2D) The Secretary of State must publish an annual report on the effectiveness of assessment of social care needs after hospital discharge, including a figure of how many patients are readmitted within 28 days.”

Government amendments 116 to 121.

Government amendment 85.

Government amendments 122 to 126.

Government amendment 128.

Amendment 82, in clause 135, page 117, line 14, at end insert—

“(2A) Regulations may only be made under this Act with the consent of the—

(a) Scottish Ministers insofar as they make provision for any matter which falls within the legislative competence of the Scottish Parliament,

(b) Welsh Ministers insofar as they make provision for any matter which falls within the legislative competence of Senedd Cymru, and

(c) Northern Ireland Ministers insofar as they make provision for any matter which falls within the legislative competence of the Northern Ireland Assembly.”

This amendment would require the Secretary of State for Health and Social Care to obtain the consent of the relevant devolved government before powers to make regulations under the Act in an area falling within the legislative competence of a devolved institution, are exercised.

Government amendments 129 to 133.

Amendment 103, in schedule 6, page 186, line 4, at end insert—

“‘relevant Health Overview & Scrutiny Committee’ means any Health Overview and Scrutiny Committee in an area to which the proposal for a reconfiguration of NHS services relates.”.

Amendment 104, in schedule 6, page 186, line 31, at end insert—

“(c) must consult relevant Health Overview & Scrutiny Committees.”

Amendment 105, in schedule 6, page 186, line 43, at end insert—

“(aa) have regard to, and publish, the clinical advice of the Integrated Care Board’s Medical Director in relation to any decision under sub-paragraph (2)(a),

(b) publish a statement demonstrating that any decision made under sub-paragraph (2)(a) is in the public interest, and”.

Amendment 54, in schedule 10, page 204, line 7, after “(1),” insert

“not undermine an NHS provider’s ability to provide a service whilst maintaining the pay rates in Agenda for Change, pensions and the other terms and conditions of all eligible NHS staff and”.

This amendment aims to ensure that the pay rates of Agenda for Change, pensions, and other terms and conditions of all eligible NHS staff are not undermined as a result of the adoption of the NHS payment scheme.

Amendment 55, in schedule 10, page 204, line 39, after “following” insert

“on the likely impact of the proposed scheme”.

This amendment requires NHS England to consult stakeholders on the likely impact of the NHS payment scheme.

Amendment 56, in schedule 10, page 204, line 41, at end insert—

“(ba) all relevant trade unions and other organisations representing staff who work in the health and care sectors;”.

This amendment aims to ensure that all relevant trade unions and other organisations representing staff who work in the health and care sectors are consulted by NHS England on the likely impact of the proposed NHS Payment Scheme.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 23rd November 2021 Commons Chamber

[Edward Argar]

I can answer the hon. Lady’s supplementary question, but would it be in order for me to answer her tabled question and then the supplementary?

[Mr Speaker]

Yes.

[Siobhain McDonagh]

6. What recent assessment he has made of the impact of the proposed downgrade of services at St Helier hospital on the delivery of acute services at St George's hospital.

--- Later in debate ---

[Edward Argar]

If the hon. Lady supplies the number of the question, I will ensure that it is dealt with today. As for her broader point, yes, ambulance services across the country are under significant pressure this winter, which is one of the reasons why we have already invested an additional £55 million in helping them to cope with that pressure.

[Mr Speaker]

I call the Chairman of the Health and Social Care Committee, Jeremy Hunt.

NHS England Funding: Announcement to Media

Debate between Edward Argar and Lindsay Hoyle

Monday 25th October 2021 Commons Chamber

[Edward Argar]

The funding is capital funding for diagnostic hubs and surgical hubs, which will ease pressure by allowing day surgery to continue but without taking up beds in acute settings and while allowing the flow of patients through A&Es. On my hon. Friend’s specific point, we have already announced and provided £55 million to aid our ambulance trusts this winter.

[Mr Speaker]

Can I say thank you to the Minister? In fairness, he had to answer the urgent question because of the actions of others. Hopefully the message has gone back to the Treasury that it ought to ensure that the House hears first. Hopefully there is a lesson that may have been learned; if not, we will continue with the same lessons.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 19th October 2021 Commons Chamber

[Edward Argar]

I cannot comment on the selection process while it is under way, but my hon. Friend is a strong and powerful advocate for his constituents and for a new hospital in Doncaster. He has met me a number of times and continues to raise this matter in the House. I should perhaps have taken him up on his offer of a visit in the summer, when it was sunny, but I am still certainly happy to take him up on that offer.

If I may briefly be indulged, Mr Speaker—we do not often have the opportunity to do this from the Front Bench—let me say that I am grateful to the hon. Member for Tooting (Dr Allin-Khan) for her kind words about our late colleagues, James Brokenshire and Sir David Amess. The last time I saw David was a few weeks ago, when he posed for a photo that he wanted with me and then tried to impress on me the question of whether I would come to the wonderful town of Southend.

[Mr Speaker]

City.

[Edward Argar]

Hang on, sir! I was about to say that I would be delighted to visit what is now the city of Southend. My only deep sadness is that our friend will not be there to meet me when I do so. He and his family are very much in our thoughts.

--- Later in debate ---

[Philip Dunne (Ludlow) (Con)]

The elective procedure backlog requires appropriate capacity for recovery and rehabilitation, much of which is provided by community hospitals, especially in rural areas. Is the Minister aware that on Friday, NHS Shropshire announced the imminent closure of Bishop’s Castle Community Hospital for patient safety reasons due to a lack of qualified nursing staff? Will he work with me to put pressure on the local NHS to develop a plan to recruit suitably qualified nurses and reopen the hospital as soon as possible?

[Mr Speaker]

On elective surgery.

[Edward Argar]

In the context of elective surgery recovery, my right hon. Friend makes an important point about the role that community hospitals play in helping to drive down waiting lists. I am grateful to him for drawing that to my attention and I will look into the specific situation he raised. It is important that, alongside providing a service, it is a safe service. I am happy to work with him to see what can be done in that situation.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 13th July 2021 Commons Chamber

[The Minister for Health (Edward Argar)]

My hon. Friend rightly raises an issue that I know will be a concern for constituents of all Members of this House. The backlog of treatment—the waiting list—is over 5 million. However, we are making rapid progress with that, and so is the NHS. We are looking at a variety of ways to do that—not just providing the funding needed to do it, but through innovation, accelerator hubs and diagnostic hubs, all designed to get the waiting list down and to get people the treatment they need when they need it. I would be very happy to discuss the specifics of my hon. Friend’s local situation with him outside this place.

[Mr Speaker]

Wendy Chamberlain was online, so let us go to Wendy. Welcome, Wendy.

Covid-19: Government’s Publication of Contracts

Debate between Edward Argar and Lindsay Hoyle

Tuesday 9th March 2021 Commons Chamber

[Peter Grant (Glenrothes) (SNP) [V]]

Despite the Minister’s protestations and despite the huge amount of money that was spent, the fact is that for those working in the social care part of health and social care, the equipment did not get anywhere near the frontline anywhere like on time. I think the Minister is maybe glossing over the fact that, although supplies to the health service seemed to have been okay, supplies to the social care sector were desperately inadequate. A Public Accounts Committee report, endorsed by its members, a majority of whom are Government supporters, found that the Department had wasted hundreds of millions of pounds on equipment that was of poor quality and could not be used. We were also told by the Cabinet Office that it did not know how many contracts had essentially been approved after the work had started and how many contractors were only checked out for suitability after they had been given their contracts. Does the Minister not understand that all of that taken together creates a bad smell? Does he agree that the best way to get rid of that bad smell is to have everything published, including assessments of conflicts of interest and information that in normal circumstances might be termed or deemed to be commercially confidential? Does he not understand that confidence in public procurement by the British Government—

[Mr Speaker]

Order.

[Edward Argar]

I will endeavour to give a short answer to a long question. Two key points there. The hon. Gentleman mentions social care and he is right to do that. The focus of some of the questioning has been around the frontline in the NHS, but he is absolutely right to talk about social care. That is why we went from a supply chain where we were supplying PPE to 226 NHS trusts in England to 58,000 organisations. Historically, social care settings had procured their own PPE on the open market. We recognised the pressures on that market—price pressures and demand pressures—which was why we expanded the supply chain to ensure that 58,000 settings ended up being able to access it.

On the hon. Gentleman’s final point, very briefly, he talks about money spent on contracts where they were either not fulfilled or did not meet the relevant quality criteria. I have already set out to the House the steps the Government are taking to review and audit those, and we will recoup money where appropriate to do so.

--- Later in debate ---

[Edward Argar]

I would argue that that is exactly what the Government have done. The hon. Member for Leeds West (Rachel Reeves) and I do not always agree, but I agreed with her then and I agree with what she wrote then now.

[Mr Speaker]

I am now suspending the House for three minutes to enable the necessary arrangements to be made for the next business.

Covid Contracts: Judicial Review

Debate between Edward Argar and Lindsay Hoyle

Wednesday 24th February 2021 Commons Chamber

[Edward Argar]

As I highlighted to the hon. Lady, we are at 100% compliance on contract award notices. The Prime Minister was referring to the obligation to publish, and that is what we have done. Although the judge ruled that the hon. Lady had no standing to bring this case, I appreciate her long-standing interest in this matter. In respect of her point about the supply of PPE, as the NAO report highlighted, we did not run out of PPE nationally. That is not to say that there were not significant challenges in some hospitals in some areas regarding the distribution of that PPE. That has been acknowledged throughout this pandemic. Our frontline health and social care workers did an amazing job in challenging circumstances, and civil servants across my Department and others worked flat out, day and night, doing an amazing job to get the PPE that was needed.

Finally, I know that transparency and the timely publication of the data are important to the hon. Lady. I highlight one of her own Green councillors in Brighton and Hove who, in a recent written answer on that council’s failure to publish its financial spending figures since, I think, last June, said that the council

“quite rightly, prioritised paying our suppliers and providers as quickly as possible”,

and that it was

“prioritising payment of suppliers and providers over production of this information.”

[Mr Speaker]

Order. I think we need to try to keep to the questions, not score points. Let us go to Aaron Bell, who will not want to score a point.

[Aaron Bell (Newcastle-under-Lyme) (Con) [V]]

As my hon. Friend just did, I note from the judgment that Mr Justice Chamberlain found that the three Members of Parliament who sought to join this case did not have standing. In paragraph 107, he stated:

“In a case where there is already a claimant with standing, the addition of politicians as claimants may leave the public with the impression that the proceedings are an attempt to advance a political cause”.

Does my hon. Friend agree that this recent practice of trying to extend politics through court cases is becoming quite damaging to our democracy as a whole, particularly when technical judgments are then deliberately misrepresented, as seems to have happened in this case?

DHSC Answers to Written Questions

Debate between Edward Argar and Lindsay Hoyle

Thursday 19th November 2020 Commons Chamber

[Edward Argar]

Again, I am grateful to the hon. Lady for the tone she adopts on what is actually a very sensitive and very important issue. I can reassure her that that issue does remain very high on the Department’s agenda. At risk of tempting fate, if she wishes either to write to me or to table a question to me, I will endeavour to get it answered very quickly so she has something on the record on that.

[Mr Speaker]

Let us head up to Harrow East with Bob Blackman and see if his replies have landed.

[Bob Blackman (Harrow East) (Con) [V]]

Thank you, Mr Speaker. Can my hon. Friend also look at the quality and at the repeat questions that have to be asked to clarify the answers that are given to written parliamentary questions? In my case, I have had to submit often detailed letters to Ministers because WPQs basically do not supply the information required. Some that are now coming back after six months of waiting have been about, for example, offers to supply PPE to the national health service and people who have had tests but not actually got the results—and I could go further. The reality is that the quality of the answers to WPQs as well as the quantity have not been good enough, so will he look at those two aspects, please?

[Munira Wilson (Twickenham) (LD)]

I absolutely understand and appreciate the pressures on the Minister’s Department. However, it does grate that I regularly hear, in debates in this Chamber, Conservative Members saying how quickly and easily they can get direct responses from Ministers. He himself referred to a WhatsApp group a few moments ago, and I suspect that that is for Conservative Members. For those of us on the Opposition Benches, written questions and letters are often the only means to scrutinise, secure detailed information and hold the Government to account. Over a third of replies to my questions have been delayed for more than a month, and the longest delay was 190 days. I have had replies to letters outstanding for up to five months. Do my constituents have any less of a right to a response? Does the Minister have any advice for me as an Opposition spokesperson about how I can get more timely and detailed information?

[Mr Speaker]

Mr Bryant might have the mobile number for you.

[Edward Argar]

I am a little bit surprised by the hon. Lady’s tone, because she and I regularly speak, and she has very easy access to me around the House, which she regularly uses, as do all Members. She has been on various briefing calls and other calls where we answer data questions and any question that Members wish to ask, and this House is for that purpose. Her constituents have exactly the same right to answers as anyone else, and they get exactly the same response as those of any other Member. Although this urgent question is about written parliamentary questions, I would flag that the Department has received more than 63,500 pieces of correspondence so far this year, compared with just 30,000 in the entirety of 2019. We have increased resourcing for that team, as we have for the PQ teams, and we are getting through the backlog as swiftly as possible.

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[Edward Argar]

I think it is fair to say that no one could accuse Ministers in the Department or the Secretary of State of not being willing to be accountable to Members in a multitude of ways. But of course, it is not an either/or, so we will endeavour to continue to perform well in attending this House and also to improve performance on written parliamentary questions.

[Mr Speaker]

Some might argue that it is the number of urgent questions we have allowed in order for debate.

[Carla Lockhart (Upper Bann) (DUP) [V]]

Openness and transparency around the sharing of data is key to ensuring that the public and the business community buy into the draconian measures that we have introduced in the fight against covid. I genuinely thank the Minister for his and the Department’s efforts in ensuring that we get timely information, but on 21 October, I asked the Health Secretary for data relating to positive cases among those who had not been in the UK 72 hours before their test, and I still have had no answer. Will the Minister agree to provide that data, which will be key to informing the full reopening of our airports, getting our airlines flying again and kickstarting our aviation sector and its supply chain?

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[Edward Argar]

I hear what the hon. Lady says, but we have already put in place that capacity. We have doubled the capacity for parliamentary questions and I have significantly increased capacity for correspondence. The only thing I would say on correspondence, which she alluded to, is that at any normal time we have 850 pieces of correspondence open. Reflecting the volume that comes in at the moment, that is about 10,000. We have increased the capacity in the Department, but, of course, as long as volume remains high it will always be a challenge to keep up with that demand. We are doing our very best.

[Mr Speaker]

I thank the Minister, because he has been courteous in the way that he has dealt with this matter. He certainly has had the short straw.

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.

Oral Answers to Questions

Debate between Edward Argar and Lindsay Hoyle

Tuesday 17th November 2020 Commons Chamber

[Edward Argar]

I am grateful to the shadow Minister, who always asks measured and sensible questions. He is right to ask that particular question, but I am very happy for him to raise with me any specific incidents of where urgent cancer care is being cancelled in the current situation. We have worked extremely hard, as has the NHS, to ensure that treatments such as that and emergency and urgent treatment can continue. He asked what we are doing differently. We have learned a huge amount, as has the whole country, over the past six to nine months. We have increased capacity in our hospitals, which is why, with the measures that we have taken, we can continue far more surgery and far more treatments, particularly cancer treatments, than we could in the first wave.

[Mr Speaker]

Unfortunately, we do finish at quarter past 12, so I will start topical questions, slightly late, with Steve McCabe.

Covid-19 Restrictions: South Yorkshire

Debate between Edward Argar and Lindsay Hoyle

Wednesday 21st October 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I completely understand the reasons for this statement. Government action for Yorkshire is similar to the action we have taken in Northern Ireland with the circuit breaker. Simon Hamilton, chair of the Belfast chamber of trade and commerce, has stated, in tandem with 23 other organisations that “fewer and fewer” will survive each lockdown and

“more jobs will be lost”.

The Department for the Economy accurately estimates that those job losses could be 100,000. With the prospect of longer dole queues and poor prospects for re-employment, what discussions have taken place and what assistance can the Minister give to the devolved Administration in Northern Ireland?

[Mr Speaker]

The statement is about South Yorkshire. I would have thought that the hon. Gentleman would have had a little bit of something about Yorkshire. Minister, see what you can pick out of that about Yorkshire.

[Edward Argar]

I am pleased to reassure the hon. Gentleman that the same collegiate approach we have adopted for working with South Yorkshire characterises our approach across all of the devolved Administrations and devolved nations as well. May I say to the hon. Gentleman that we missed him while he was away self-isolating for a period, so it is good to have him back? He touches on the economic impact, and he is absolutely right to highlight that. There is a clear support package in place, and I continue to work closely with Robin Swann and others in Northern Ireland on these matters.

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[Tim Farron (Westmorland and Lonsdale) (LD)]

The hospitality and tourism industry in Cumbria is comfortably our biggest employer. It was very much looking forward to half-term next week, as a chance for businesses to pick up after the enormous damage they have sustained as a result of the virus. However, we are seeing cancellation after cancellation, because neighbouring economies in Lancashire, Greater Manchester, Merseyside and now, of course, other parts of the north England have been put into tier 3 and people are therefore not able to travel. Rather than quibbling over £5 million, people in Cumbria are getting nothing—no compensation for their businesses collapsing. Will the Minister commit to making sure there is support of the hospitality and tourism industry in tier 1 places such as Cumbria, where our market has dried up because our neighbours are in tier 3?

[Mr Speaker]

This is about Yorkshire, so if we could mention Yorkshire it would help.

[Edward Argar]

I am sure the point the hon. Gentleman raises will be pertinent to areas in tier 1 nearby to South Yorkshire, too. He makes his point typically well. I recognise the impact on the hospitality industry and on other businesses, not just in the directly affected area but more broadly. As I say, he makes his point well, and I am sure the Chancellor will have heard what he says.

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[Edward Argar]

As my hon. Friend knows, I know Dronfield having spent a very happy day there with him in the course of his successful election campaign. I can reassure him that the situation, as I stand here, remains exactly as he sets out.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Social Distancing: 2 Metre Rule

Debate between Edward Argar and Lindsay Hoyle

Monday 15th June 2020 Commons Chamber

[Edward Argar]

I thank the hon. Lady, her party’s spokesperson on this issue. In the first week of its operation, having been stood up pretty much from scratch, this system has performed extremely well, with 67% of those testing positive successfully contacted and responding with the information needed, and 85% of their contacts agreeing to self-isolate. There is more to do—of course there is—but that is a very positive start to this programme, led by Baroness Dido Harding, in its first week of operation. In answer to the second point, it is right that we continue, as we have done throughout, to work hand in hand with local authorities, as well as other public health authorities.

[Mr Speaker]

I call the gallant Member, Bob Stewart.

[Bob Stewart (Beckenham) (Con)]

Mr Speaker—at least I have got that right this week. Mr Speaker—not Mr Deputy Speaker. I have at last acknowledged it.

My question is very much like that from my hon. Friend the Member for Broadland (Jerome Mayhew). As the R figure approaches zero—in some places, it is getting there—why the heck do we need social distancing, face masks on public transport and social isolating? If we get near zero, surely we can get back to normal.

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[Edward Argar]

My hon. Friend makes an important point about getting our NHS back up and running again not just for emergencies, but for elective procedures and other procedures, which is what we have been doing. The infection control context within a hospital is slightly different—indeed, considerably different—from that in businesses and other contexts, but he is right to highlight the impact that the necessary restrictions are having in a range of contexts on the ability to treat people or to serve people and businesses.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for three minutes.