Health and Care Bill

Debate between Lord Lexden and Baroness Harris of Richmond

Lords Hansard - Part 1 & Committee stage
Wednesday 26th January 2022 Lords Chamber

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

My Lords, the noble Baroness, Lady Harris of Richmond, is also taking part remotely and I invite her to speak.

[Baroness Harris of Richmond (LD) [V]]

My Lords, having spoken on just about every police Bill in this House for the past 23 years, I am afraid that I could not let this amendment pass without comment. I refer your Lordships to my policing interests in the register.

As my noble friend Lady Brinton has just said, the Police, Crime, Sentencing and Courts Bill, which has just gone through this House, had provisions that gave the police and other criminal justice bodies investigating possible serious violence, or plans to produce serious violence, the power to demand the confidential medical data of individuals. As drafted, unspecified police officers —that means any police officer, not just a senior ranking officer—could make requests to a GP’s surgery or a CCG, or their staff, to hand over the data.

What I found chilling was that the police would not be required to explain to the patient’s GP why they wanted the information, or whether the patient concerned was a potential criminal or possible victim—or even someone associated with the investigation, for example a possible witness or family member. After discussions with Peers, the General Medical Council, Ministers and the British Medical Association, the Government made their own amendments, making it clear that the police would not have this universal access to patient data. Instead, they would have to use the current, traditional method of approaching a patient’s GP directly and asking for the data, with the decision being made by the GP under the GMC code of ethics, as my noble friend Lady Brinton explained.

New Section 14Z61 gives the new integrated commissioning boards a duty to hand over personal medical data to a wide range of bodies that request them. However, I will focus on paragraphs (g) and (h), which are about police requests for data when they are undertaking criminal investigations. It is even more extraordinary that a health Bill is proposing to give the police even wider powers than in the recent police Bill. At least that Bill originally limited access to cases of serious violence. I will quote my noble friend from 25 October 2021, in debate on the Police, Crime, Sentencing and Courts Bill:

“It is quite extraordinary that this Bill proposes that any Home Secretary can, at will, demand that doctors and other healthcare professionals breach patient confidentiality, over and above their responsibilities of confidentiality to their patients and their commitments to their regulatory body.”—[Official Report, 25/10/21; col. 551.]

Flags (Northern Ireland) (Amendment) Regulations 2021

Debate between Lord Lexden and Baroness Harris of Richmond

Tuesday 25th January 2022 Grand Committee

[Baroness Harris of Richmond (LD) [V]]

My Lords, I apologise on behalf of my noble friend Lady Suttie, who is on a British Council delegation to Moscow which was delayed for a year. She has asked me to speak on her behalf. The New Decade, New Approach commitment aligned the flying of flags on designated days from government buildings in Northern Ireland with the rest of the UK, as we have heard, with regard to the Belfast agreement. The Northern Ireland Assembly was consulted about the draft proposals and agreed them.

Bringing them up to date, following the sad death of His Royal Highness Prince Philip, who had visited Northern Ireland 56 times, the draft instrument removes the need to fly the flag on his birthday, Her Majesty’s wedding day or any other day on which a designated member of the Royal Family dies. I am grateful to the Minister for laying that out. It stipulates that the union flag will be flown on the proclamation of a new monarch. The Liberal Democrats support the draft flags regulations.

[Lord Lexden (Con)]

My Lords, I just want to ask a couple of questions.

The Explanatory Note includes the words:

“provide that the Union flag need not be flown on the designated days”

that

“relate to a member of the Royal Family who has died.”

Surely that should be “shall not”? It would be wholly inappropriate and insensitive to fly a flag for a member of the Royal Family who is not alive.

Could I ask which members of the Royal Family are entitled to have flags flown—the children of the monarch, or those in direct line of succession? It would be useful to know. Sadly, there are members of the Royal Family for whom flags may, or perhaps may not, be flown but whose careers, as may be inevitable from time to time, perhaps do not progress as satisfactorily as one would wish and who find themselves in difficult circumstances discrediting their name. Is there provision for the removal of such members of the Royal Family from the entitlement to have flags flown?

It is surprising that there is no existing provision making it mandatory to fly our nation’s flag on the accession of the monarch, but it is gratifying to know that the situation will be rectified. Like other Conservative and Unionist Members—and the noble Lord, Lord McCrea—who have spoken in this debate, what I like most is that the regulations provide that days and times when the flag has to be flown will be consistent with formal guidance issued in respect of United Kingdom Government buildings in the rest of the United Kingdom. It is entirely right that, throughout our country on designated days, in all parts of our country—all four portions of our United Kingdom—the same flag under which we all live should be flown. It is splendid and wonderful to think that there will be days when Cardiff, Edinburgh, London and Belfast will all be flying the emblem of our great nation.

An important day approaches, Accession Day on 6 February, marking the day in 1952 when our Queen ascended the Throne. I very much hope that that great day of 6 February will be marked in a way that is so right and appropriate, with the flag of our country flying in the four portions of our United Kingdom.