Health Bill

Debate between Jeff Smith and Bernard Jenkin

Report stage & 3rd reading
Tuesday 8th September 2026 Commons Chamber

[Sir Bernard Jenkin]

The Minister shakes her head, but she is yet to give a good reason as to why this measure is in the Bill.

When we had an Adjournment debate in July with the then Minister for patient safety, the hon. Member for Birmingham Edgbaston (Preet Kaur Gill), she could not answer the question of who would conduct independent safety investigations in the NHS after the abolition of HSSIB. She said that safety investigations would be conducted by the Care Quality Commission, but she could not actually claim that they would be independent; as my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) demonstrated, they would not be.

If, as it seems, it is intended that safety investigations should be carried out by the CQC unaffected by the transfer, why make the transfer at all? How much is this transfer going to cost? I asked the Minister, in a letter I sent her after the debate in July, to give us the information on how much the transfer of all this would cost. Nothing has arrived. I never had a reply to the letter. Of course, the Government have changed the Minister and the new Minister for patient safety, the right hon. Member for Kingston upon Hull North and Cottingham (Dame Diana Johnson), is not in the House today. I rather suspect that she is more sympathetic to this argument than the Minister sitting on the Front Bench today.

In our earlier exchanges we discovered and once again exposed how the safe space will be brutally compromised by the fact that it will be housed in a regulator with, inevitably, other ulterior motives. The chief executive of the CQC is wantonly conflicted in terms of looking after the safe space, so he cannot be the one left in charge of that function.

The real point here is that we are missing the opportunity to save so much money. Governments keep having public inquiries. The EPUT—Essex Partnership University NHS Foundation Trust—public inquiry, affecting my constituency, cost in its first year £5 million, and in its second year it is costing another £5 million. The whole budget for HSSIB was only £6.3 million a year, yet it does scores of investigations, not just one inquiry. The Ockenden inquiry cost £14 million. If we could save just a fraction of the cost of medical negligence, which is £3.6 billion a year, HSSIB would pay for itself.

[Jeff Smith (Manchester Withington) (Lab)]

Clauses 5 and 6 place duties on the Secretary of State to promote patient involvement, patient choice and innovation. My new clauses 86 and 87 would apply those principles to psychedelic-assisted therapy treatments involving schedule 1 controlled substances.

I have been pleased to be a trustee of the charity Drug Science, which has allowed me to talk to researchers who are looking at therapeutic treatments using what are called psychedelic drugs. Around the world there is growing evidence of the successful treatment of post-traumatic stress disorder, trauma, mental health issues and end-of-life distress using these drugs. For some patients they are absolutely revelatory. They change lives for the better and can relieve the burden of those conditions on the wider health service.

Researchers tell me, however, that the barriers the current system puts in place really restrict research. Research involving schedule 1 controlled substances generally requires a Home Office licence, and the bureaucracy and inertia in the system adds delay, cost and an administrative burden to the extent that research grants are being lost because of delays.

The issue has already been considered. In 2023 the Home Affairs Committee recommended urgently moving psychedelic drugs to schedule 2 in order to facilitate research. Later that year, the Advisory Council on the Misuse of Drugs recommended that research using schedule 1 drugs in universities and hospitals should be exempt from the Home Office domestic licencing requirement and should instead operate under schedule 2 controls. In 2025 the Government accepted the ACMD recommendations in principle. There is supposed to be a pilot of a proposed extension to test operational feasibility, but that has not happened. The Government said the policy work was under way and that further plans would be published in due course, but without a timetable for implementation. My new clause 86 would make it happen. Other jurisdictions are ahead of us on this issue. The US Department of Defence and the US Department of Veterans Affairs are already funding clinical trials for military personnel and veterans.

New clause 87 concerns compassionate access to treatment. International research has identified potential in some treatment-resistant psychiatric conditions and end-of-life distress. There is international precedent. The 2022 Canadian special access programme has allowed clinicians to request restricted drugs, including psilocybin and MDMA, to treat those conditions. We can learn from those experiences.

Finally, I am grateful to the Minister for meeting me to discuss these issues, and for her agreement on the principle of enabling the clinical research of these drugs and her commitment to get back to me to outline how the Government will take them further.