Social Care

Lord Balfe Excerpts

Wednesday 8th July 2020 Lords Chamber

[Lord Bethell]

The noble Baroness is quite right to shine the spotlight on those who are in social care but not necessarily aged over 65. Half of all social care costs are now dedicated to those under 65. Housing standards is an important question. The stock of housing for social care will be considered in any forthcoming review. It is imperative that we have a modern and up-to-date industry.

[Lord Balfe (Con) [V]]

This policy could lead to literally unlimited costs and a bottomless pit that would make the National Health Service look like a modest outfit. When we devise this policy, we must make sure that adequate contributions are made by those affected and we do not fall into the trap of saying that inherited potential wealth is somehow to be exempted. People must pay a fair share.

[Lord Bethell]

My noble friend is entirely right: there is a massive potential liability. We are acutely aware of the intergenerational implications of social care reform. It is only right that we treat both those in social care and future generations fairly. Those considerations will be uppermost in our minds.

Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Lord Balfe Excerpts

Monday 15th June 2020 Lords Chamber

[Lord Balfe (Con)[V]]

My Lords, I would like to thank the Minister for his hard work. You cannot be right in a situation such as we have been facing. For a historian like me, there is something to be said for reading the accounts of the first few months of the Second World War. It began with the British people enthusiastically endorsing all the restrictions imposed by the Government of the day but then, just as with this country recently, what we call obedience fatigue set in as people started getting fed up with the regulations. That is where we are now. So I counsel the Government, “Please, ease it up as fast as you can. If you don’t, people will ease it up for you”.

The one-metre rule is already in force except where the two-metre rule is enforced. In other words, if it is left up to people, they do not obey the two-metre rule just as they do not obey the three-bubble rule, or whatever. People are increasingly doing their own thing. We have to sort out this difference between the focus groups and common-sense government. There was a man called Paul Samuelson in the 1960s who came up with the concept of the free rider. This is basically that people are always in favour of taking actions that cost them nothing, but which other people pay for and where other people suffer. When I am told that the 14-day quarantine period is very popular, I suspect that it is probably very popular with people who go on holiday once a year. It has nothing to offer people like me who go to European Union countries on a regular basis and are now having great difficulties.

I ask the Minister to try to ease things up—and that includes in hospitals. Far too many hospital beds are empty, physiotherapy has collapsed, chiropody has collapsed, and the health service is suffering from a sclerotic condition. The Minister has to get them back to work; this may well take a fair bit of toughness.

My final point is this: we need to get Parliament back to work. We are not functioning efficiently or effectively. I am sitting in my office in Millbank because I could not master the regulations for sitting in the Chamber which, I see from looking at my screen, is almost empty. The House is now running in the interests of the Government; it must be returned to the Members, and PDQ.

Covid-19: Masks

Lord Balfe Excerpts

Thursday 11th June 2020 Lords Chamber

[Lord Balfe (Con) [V]]

I think the debate is no longer about face masks. We accept that there may be shaky evidence that they are needed, but what we need to debate is when they should be worn and what sort of face mask? The overall European opinion is that they need to be worn in enclosed spaces and where people are together for a minimum of 10 minutes, because that is where the danger lies. I hope that we will look into this and not talk just about face masks. There are different types, with different levels of effectiveness. I would like the Minister to comment on what is going to be done to get them distributed. This morning, at King’s Cross station there were no face masks; at St Pancras, they were being given away free; and in Cambridge station, there were none. What do HMG have in the way of plans to distribute face masks and to look at the quality control of the types of masks that are going to be used?

Covid-19: Response

Lord Balfe Excerpts

Wednesday 3rd June 2020 Lords Chamber

[The Deputy Speaker (Lord Haskel) (Lab)]

The noble Lord, Lord Empey, has withdrawn, so I call the noble Lord, Lord Balfe.

[Lord Balfe (Con)]

My Lords, I want to go back to the testing centres question. I also had a test, but I had to drive to Stansted from Cambridge. Many people in our community do not have cars and do not drive. What is the Minister doing to make it possible for all major towns to have testing facilities that can be reached either by public transport or on foot?

My second point is more doubtful. Many people do not seem to realise when they should be tested, or, for that matter, how often. If you are tested at the beginning of June, when do you need to be tested again, if at all? What does the test prove, apart from the fact that you do not have the virus? It does not prove that you have had it or will not get it. Will the Minister step up the publicity campaign he just mentioned, so that people can be better informed?

[Lord Bethell]

I deeply regret that my noble friend had to drive from Cambridge to Stansted. We are working hard to address that and are looking at alternatives. We have now put up more than 100 sites, and I hope very much indeed that there would now be a site nearer him. We have also pioneered at-home testing, which we believe will address his key point, and we are trialling walk-in centres for city centres such as Cambridge.

My noble friend’s last point is entirely right. You should have a test when you show symptoms, but defining the symptoms of any disease, and in particular this disease, is very difficult. We do miss some people who do not show any symptoms, and some people who think that they have the symptoms actually have the symptoms of something else. It is a real dilemma and part of the battle we face against Covid.

Covid-19: Response

Lord Balfe Excerpts

Tuesday 19th May 2020 Lords Chamber

[Lord Bethell]

My Lords, as I stated this morning, I would be glad to meet with community leaders. However, I emphasise, as I said this morning, that it is the disease that is racist, and the Government and the NHS are doing an enormous amount to try to protect BAME workers, to whom we owe a huge debt of gratitude. I will do everything I can to help protect them.

[Lord Balfe (Con)]

My Lords, this morning, the ONS revealed that some 50,000 UK citizens are cross-border workers—in other words, English people who work part of the time outside the UK. Roughly 25,000 appear to be businessmen. There is no evidence that they are carriers; there is every evidence that when they fly back or come back on the Eurostar, they would be happy to be tested. The government proposals to suddenly clamp down on this and basically stop international business happening are not welcome and will do enormous damage to the British economy. Can the Minister try to influence his colleagues in transport to the effect that this development is not needed?

[Lord Bethell]

My Lords, I pay tribute to my noble friend’s commitment to freedom of travel—and he will remember my father’s own commitment to it. The sad truth, however, is that it is very difficult to prove a negative: to prove that someone does not have the disease or that they have not recently become infected and have the disease in a latent way or that they are young, fit and well. The restrictions are in place for those reasons. I advise my noble friend that we are working on finding a solution, but none is immediately available.

Covid-19: NHS Contact Tracing App

Lord Balfe Excerpts

Monday 18th May 2020 Lords Chamber

[Lord Bethell]

My Lords, we have no current plans for using geolocation information. However, we have an open mind on options for users being able to share data of several different kinds, and we are open to the idea of consumers making those choices.

[Lord Balfe (Con)]

I want to ask the Minister about the immunity certificates. At the moment, as I understand it, medical science does not tell you whether you are immune. It can tell you whether you have had it, but surely we do not yet know whether Covid mutates. So how can you issue an immunity certificate, and, importantly, how can you make sure that it is not forged?

[Lord Bethell]

My noble friend is entirely right. The science on immunity is confounding and we do not fully understand it, although we are investing a huge amount of time, money and effort into understanding it better. We believe that there may be an opportunity to understand immunity better, and that will inform and make safe people’s commitment to going back to work. No decisions have been made yet, though, and we have in our minds all the reservations that my noble friend described.

Covid-19: Personal Protective Equipment

Lord Balfe Excerpts

Thursday 23rd April 2020 Lords Chamber

[Lord Bethell]

The noble Baroness is right to question the resilience arrangements in this country. I reassure her that we have extremely well thought-through resilience arrangements. This disease, though, is more infectious than we could possibly have imagined. The need for PPE is higher than we had originally planned for. In the NHS we have an organisation in which efficiency and supply management has been put at a very high level. However, we have moved incredibly quickly to put in place central supply organisations. The entire weight of government is working hard to ensure that PPE is distributed widely and fairly throughout the system.

[Lord Balfe (Con)]

In the last couple of days, there have been news reports that a PPE package of some 400,000 pieces ordered from a Turkish company was delayed by the Turkish Government. It has been put to me that the Turkish Government are not responsible for any delay in this shipment, which was a straightforward business deal between the NHS and a Turkish supplier. Will HMG confirm that the Turkish Government have played a constructive role and have not sought to delay the shipment? Will they publicly thank the Turkish Government for not seeking to stop or delay it, even though they have their own crisis to deal with?

[Lord Bethell]

I reassure my noble friend that we have been in daily and constant contact with the Turkish Government, who have behaved with good faith and in a supportive fashion throughout all our dealings. We are thankful to them for their involvement.

Covid-19

Lord Balfe Excerpts

Thursday 23rd April 2020 Lords Chamber

[The Deputy Speaker]

Baroness Wheatcroft. No? We will move on to Lord Balfe.

[Lord Balfe (Con)]

In the Statement, the Minister referred to the need for people who have other medical needs to still contact their GP. In Cambridge, where I live, the opticians, chiropodists, dentists and surgeries are all closed, with different fierce notices on their doors. When the isolation requirements are lifted, could the Government make it a priority to get these vital medical services open again and get doctors back into surgeries, not at the end of the telephone? Perhaps we could at least teach them that Zoom exists.

[Lord Bethell]

I reassure my noble friend Lord Balfe that the amount of video treatment being given by doctors has gone through the roof. During this epidemic, we have seen the medical trade and patients embrace a huge amount of digital technology. We are working with the colleges to try to get all the services of the medical profession open at this time and the response has been largely positive.

Coronavirus Bill

Lord Balfe Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 24th March 2020 Lords Chamber

[Lord Balfe (Con)]

My Lords, I begin by drawing attention to my interests in the register. I have a series of questions for the Minister, most of which he will probably not be able to answer. However, I hope that he can write to us as appropriate.

I congratulate the Government and the TUC on the way they have worked together on this problem. They have shown that when it is needed, both sides are able to stand aside and work in the national interest. The TUC, as the Minister will know, has mentioned a wage subsidy for the self-employed. It has made the sensible suggestion that the subsidy should be based on the previous three years of tax returns, because of course we all believe that every self-employed person declares every penny that they have earned. This is an excellent suggestion from the TUC, and I hope that the Minister will be able to proceed with talks with it, not necessarily to agree it exactly as put forward but for some sort of help. We tend to think of the self-employed as people with big businesses but I am thinking of people such as musicians, actors and authors: people who work singly and are represented by Equity, BECTU and other unions. They are often sole workers, and very often earning not that much.

The second point, which I made recently in a debate, is the need to clarify what happens when companies goes into liquidation. They often do so with wages owing immediately to the staff, but, under the rules as presented at the moment, they have to be paid out by the administrator in bankruptcy. It would be very useful if some way could be found of according them the emergency relief afforded to other workers.

I turn briefly to the airline industry, not unsurprisingly. I place on record my thanks to the DfT Ministers, who I know have worked ceaselessly with the industry. They have had numerous telephone calls with BALPA, the union of which I am president, and other unions within the industry, as well as with the employers, of course. All airlines need some level of support. It is not for me to measure it out, but it is needed sooner rather than later. I suggest, as a guiding principle, that the support must end up not with the shareholders and directors but with the companies to strengthen them.

I never thought I would say that there was a positive gain from leaving the European Union, but one that does present itself is the ability for the Government in directing the rescue package for the airlines to make public service routes available and to subsidise them, which of course would not be permitted under EU rules but could now be. They could look at the many regional airlines that have been impacted by recent events.

Another aspect that can come out of this is promoting good employment practices, for instance better maternity leave. That is a demand on a number of airlines, which, because they have been male dominated for most of their history, have some of the worst maternity arrangements in the industry.

Perhaps I might mention just two or three points arising out of the brief from UNISON, which represents many health service workers. It is concerned, as I am sure the Minister is, that the use of healthcare students and returning workers has to remain on a voluntary principle; they cannot be directed back. If they do go back, the final-year students must be able to return to their learning without any penalties for leaving or interrupting the course. I am sure the Government have this on board, but I would just like to read it into the record.

There is a small technical point in the briefing I have been given. Apparently, staff who retired under the 1995 NHS Pension Scheme can work for a maximum of only 16 hours per week for the first four weeks and continue to receive their pension. I hope the Minister will be able to look into suspending this rule. I am sure he will be happy to assure the House that he will continue to talk to UNISON about the many problems it wishes to help the Government solve. There is no doubt about that.

My final point is on behalf of charities. The way in which wages are being subsidised is very good for business, but charities have very different income streams. I hope the Minister will consult with both the National Council for Voluntary Organisations and the Charity Commission to ensure that the rescue packages that have been put forward for business and are at least notionally available to the charitable sector are tailored in such a way that the charitable sector can make use of them.

With that string of questions, can I say how much I admire the Minister’s tenacity and hard work in doing the job he is doing? Please carry on.

Access to Palliative Care and Treatment of Children Bill [HL]

Lord Balfe Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Friday 7th February 2020 Lords Chamber

[Lord Balfe (Con)]

I begin by congratulating the noble Baroness, Lady Finlay, an assiduous campaigner who has left her mark on this, the great dividing subject of our age, and will continue to do so. I welcome my noble friend Lord Brownlow and his excellent speech. We heard the voice of responsible capitalism—of a capitalism that pays its taxes, looks after its workers and benefits its country. I am delighted that he has joined us on these Benches and look forward to many future contributions from him.

I shall speak mainly about mediation. When I retired from the European Parliament, I took a course and became a commercial mediator. There is a distinction: a commercial mediator mediates commerce, while a family mediator mediates various bits of family law. The most important thing I learned as a trained commercial mediator was that when we got an agreement, the two parties signed something called a Tomlin order, which had the force of law and could be enforced. My group of mediators saw that one of the weaknesses of family mediation was that it often gave rise to second thoughts within hours of the agreement being reached. Some of our family mediators found it very frustrating that they could spend a huge amount of time coming to an agreement which then did not sustain itself for very long.

In this excellent Bill, there needs to be a clear determination of what is being mediated. Is it the treatment, the future or a particular point of the treatment? If you do not have the question “What are you mediating?” to put before the mediator, it will not work. Once you have decided what is being mediated, the second question that has to be answered is “Who decides the mediator?”. In commercial mediation, it is normally the two parties who have to agree. In our corner of the world in East Anglia, the judge in the Peterborough court was very fond of sending things to mediation. He would say to the parties, “If you bring this to court, you will have two sets of barristers’ fees for a least two or three days. In the end, I will make a decision; one of you will be dissatisfied because I can make a decision only on what is before me. If you take part in mediation, you can adjust what is decided; you can make a decision between you. You can have a legal basis for that decision, but you have to decide on the mediator.” There were panels from which mediators could be chosen. I never quite worked out what my USP was, but I did not go too short of work. I think it was because of having been in European institutions. People said, “He knows beyond East Anglia.” I do not know, but the important thing is that you have a clear perspective on how the mediator is to be chosen. Coming out of that, a question that needs addressing—I do not propose to table amendments—is the extent to which an NHS panel of mediators will automatically be acceptable, or whether something wider is needed. That will be quite important.

I take the point about Clause 2(4), but it is always very difficult to decide whose interest is there. A mediator cannot determine something in anyone’s interest. The first thing you have to do is sit people down and listen, generally completely separately in the beginning. My first stage was always a listening session, and it could go on for a couple of hours. The important thing was the people poured out their heart and said what the basis was. You could not cut them off; if you tried to do so, it would not work, because they did not feel committed or that you were listening. They felt you wanted to get home for tea, or something. You had to listen, and only after you had listened to both sides might you bring them together.

You might talk to them separately, but one of my key points is that mediation has to be a flexible weapon. You cannot just say, “You have to go and mediate”, because I would find that in about 7% or 8% of cases, people would walk into the room determined not to settle, and they would not settle. I found that in about 15% of cases, they walked into the room thinking that they certainly were not going to settle, but once you had coaxed them along, they often would. There was another percentage beyond that where, if you had handled it wrongly, they would have walked out on you and you would not have got anywhere.

I make these points about mediation because I think they are incredibly important for us to take on board. I would be very surprised if the Minister were to jump up and say, “This is a marvellous Bill. Don’t bother with Committee—I accept the lot”, but within the department I ask her to look at local experiments, as I think of them, or local actions, to see whether the basic principles are roadworthy, to what extent they could work and to what extent we can get feedback. Part of the reason for doing things locally—for experimenting—is to find out whether they work.

I hope that the Minister will at least give the Bill a good welcome and commit, in some form or other, to find a way forward, with the noble Baroness, Lady Finlay, and everybody else, to move this along the road. I end where I started: this is the great debate of the next 30 years. It is about senior citizens, the end of life and how we deal with perhaps the biggest scandal we have today: the lonely elderly.