European Union (Withdrawal) Bill

Debate between Lord Hunt of Kings Heath and Baroness Neuberger

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

[Baroness Neuberger (CB)]

My Lords, I support this amendment, which is in the name of my noble friend Lord Warner and others. It has been nicknamed, as everybody knows, the “do no harm” amendment although perhaps, more accurately, it should be the “do not roll back” amendment. I declare interests as an honorary fellow of the Faculty of Public Health—I too wish to thank the faculty and staff for its briefing—and as a former chief executive of the King’s Fund.

Much has already been argued, and I will not repeat any of that; it is late, and there are more amendments to come. However, I lay on the line that, as was asserted by the noble Lord, Lord Deben, in the debate on the amendment on medical devices, this is a moral issue. “First, do no harm” is a moral imperative taught to all medical and healthcare students, and this amendment makes it clear that those hard-won advances in public health as a result of EU legislation and regulation must not be rolled back, for whatever reason, be they air quality, tobacco packaging, alcohol pricing or whatever else that has been raised from around the House. The Government have given assurances that all will be well. However, as my noble friend Lord Warner has already said, we need more. We need this in the Bill. I cannot remember the public health community coming so strongly together on anything since tobacco packaging. This matters hugely to those who work in the area of public health, and it should matter to all of us. There is concern out there, and a moral imperative in the amendment. I support it strongly.

[Lord Hunt of Kings Heath]

My Lords, this has been an interesting debate, and we have identified some of the challenges that we face in public health: air quality, environmental standards, food standards, accidents, infectious diseases and, indeed, huge health inequalities. I listened with interest to the noble Baroness, Lady Oppenheim-Barnes. Overall, I disagreed with her. Of course, you can pick out some regulations from the EU with which one might disagree or think that they do not go far enough, and she identified an issue around labelling. Overall, however, the EU has been generally helpful and a force for improvement in public health. I mention in particular air quality, because that is one clear example where it has pressed this country hard on our very poor performance. Governments have started to do something about it only because of the fines we face. There are other examples as well.

The fear expressed so well by noble Lords—I too pay tribute to the Faculty of Public Health for its briefings on this—is that without EU law, and in the context of already significant reductions in public health budgets, we will see a gradual erosion over time of our important public health legislation. The noble Baroness, Lady Finlay, and others mentioned food safety as an example. The Minister will no doubt tell us that he cannot say anything substantive because of the process of negotiations; he has said that a few times before. However, one of the fears clearly is that in the Government’s haste to negotiate a deal with the US—they are desperate to do so, for obvious reasons—when it comes to it, things like some of the food standards we have at the moment will go by the board. We know that that will happen because they have to produce a US trade deal; they have no option but to do it. They are so weak compared to the US in terms of the negotiation that it is quite likely that some of those standards will have to be thrown away.

That is why this amendment has been brought forward tonight. Ministers have helpfully discussed this amendment in meetings with some stakeholders. I know Ministers may say that the Secretary of State already has the powers set out in the amendment. However, as the noble Lord, Lord Warner, said, the amendment would place a duty on the whole of the Government to do no harm. That is a very important distinction. Importantly, it would also place a duty on other public authorities, including the devolved nations, so I believe that it goes further than current legislation. It is relevant to the European Union (Withdrawal) Bill, not just to a theoretical health and social care Bill which may be introduced at some point.

Other noble Lords have talked about the Lisbon treaty and the impact upon it. The amendment essentially seeks to ensure that there is a legal precedent and interpretive guidance on which to draw when determining the meaning of the proposed new clause, but, as I understand it, it does not seek to preserve EU law and regulation. Therefore, it would be for the British courts, on the basis of our doctrines of parliamentary sovereignty, to decide the future interpretation of the law.

This has been a very important debate. The Minister has to recognise that there is real concern that the Government’s desire to negotiate agreements with other countries will lead to them having to agree to reduce some of our essential public health standards. This amendment seeks to provide a guarantee and assurance that this will not happen. We should very much welcome it.