Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what assessment they have made of the safety of care home (1) residents, and (2) staff, given recent reports that only 28.8 per cent of residents and 14.1 per cent of staff have had a COVID-19 booster vaccination.
Answered by Lord Kamall
The Scientific Advisory Group for Emergencies has advised that a vaccination uptake rate of 90% in residents and 80% in staff in each individual care home setting would be needed to provide a minimum level of protection against outbreaks of COVID-19. As of 7 November, 94.9% of residents and 90.2% of staff in homes for older people have received their second dose based on responses from 99.2% of providers. As of 22 October, 88% of care homes had either been visited by the booster programme or appointments have been booked.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what are the medical reasons for the ban of the smoking substitute snus.
Answered by Lord Kamall
Evidence shows that the consumption of any tobacco product is harmful and it is the Government’s policy to support people to quit all forms of tobacco use. Oral tobacco, or snus, is banned in the United Kingdom under the Tobacco and Related Products Regulations 2016.
The Impact assessment on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products stated that oral tobacco products contain carcinogenic substances which are associated with a number of adverse health effects. Snus can also contain carcinogenic tobacco specific nitrosamines and other carcinogenic substances such as polycyclic aromatic hydrocarbons, which also have been associated with several adverse health effects. A copy of the impact assessment is attached.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what assessment they have made of the number of hospitalisations and deaths from COVID-19 before restrictions would need to be implemented again.
Answered by Lord Bethell
Our approach has always been focused on data, not dates, in determining whether it is safe to proceed. In order to pass the tests and proceed with Step 4, we will need to be confident that easing will not lead to a surge in infections that could put unsustainable pressure on the NHS.
However, we have seen time and time again that the virus is unpredictable, and circumstances can change. We know there are risks ahead, not only from new variants, but also seasonal changes in transmission. We will continue to monitor the data closely and take action if needed to keep the public safe and prevent unsustainable pressure on the NHS.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what assessment they have made of the findings of the study undertaken by Imperial College London and Water Babies, reported on 12 April, which found that swimming pool water can inactivate the COVID-19 virus in 30 seconds in the right conditions.
Answered by Lord Bethell
Public Health England has not made an assessment.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government, further to the Written Answer by Lord Bethell on 6 August 2020 (HL7091), in how many of the 2,712 litigated clinical claims in 2019/20 for which damages were paid was (1) liability, or (2) causation, at issue.
Answered by Lord Bethell
The information NHS Resolution holds on individual clinical negligence claims does not identify or distinguish between liability and causation. Reasons for litigation are varied and include some cases where only liability is in issue, cases where only quantum, or the level of damages, is in issue and a cohort of cases where both are in issue.
In some cases, litigation is needed to reach resolution but neither liability or quantum are in dispute. Most notably, court approval is required for settlements where the injured individual lacks capacity or is a minor. Litigation may also be needed to reach a determination on a point of law or to pursue a contribution towards compensation from another party.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government, further to their consultation on restricting online advertising for products high in fat, sugar and salt, published on 10 November 2020, what assessment they have made of restricting advertisements for such products on social media.
Answered by Lord Bethell
The consultation on how to introduce a total restriction of online advertising for products high in fat, salt and sugar included proposals for how to restrict advertising on social media. The responses will be considered and captured in the final policy decision. We will publish the response to the consultation shortly.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what percentage of clinical negligence cases that appeared in court in the 2019/20 financial year resulted in the NHS paying damages.
Answered by Lord Bethell
In many of the small proportion of cases that go to court, the relevant National Health Service body will have already admitted liability, but are contesting claims for excessive fees or damages. In 2019/20, less than 1% of claims proceeded to trial and in 75% of those cases, NHS Resolution achieved a judgement in favour of the NHS.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what plans they have to introduce conditional fee arrangements for defence lawyers in clinical negligence cases; and what assessment they have made of the impact such action would have in terms of (1) cost savings, and (2) parity between parties.
Answered by Lord Bethell
NHS Resolution has no plans to introduce conditional fee arrangements for defence lawyers in clinical negligence cases.
NHS Resolution negotiates large-scale contracts for defendant legal services, using its position as a bulk purchaser to obtain the best expertise, including support for NHS Resolution’s work to learn from claims to improve safety, at value for money for the National Health Service. The contracts include fixed and capped fee arrangements and competitive hourly rates. NHS Resolution monitors and measures its lawyers’ performance through Key Performance Indicators and management information.
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government what was the cost to the NHS in (1) legal fees, and (2) negligence costs, in each of the last two years for which figures are available.
Answered by Lord Bethell
The following table shows total payments for the financial years 2018/19 and 2019/20 for all of NHS Resolution’s clinical and non-clinical negligence schemes.
| 2019/20 | 2018/19 |
Clinical spend | £ million | £ million |
Damages paid to claimants | 1,683.2 | 1,778.0 |
Claimant legal costs | 497.5 | 442.3 |
NHS legal costs | 143.5 | 139.6 |
Total | 2,324.3 | 2,359.9 |
Non-clinical spend | £ million | £ million |
Damages paid to claimants | 30.0 | 37.4 |
Claimant legal costs | 18.1 | 17.8 |
NHS legal costs | 7.4 | 6.6 |
Total Non-Clinical | 55.5 | 61.8 |
Total of all spend | 2,379.7 | 2,421.7 |
Asked by: Lord Storey (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask Her Majesty's Government, further to the Written Answer by Lord Bethell on 17 July (HL6182), what is their expected timeframe for introducing the necessary legislation to extend the mandatory display of ratings to England.
Answered by Lord Bethell
The Food Hygiene Rating Scheme is operated by the Food Standards Agency in partnership with local authorities across England, Wales and Northern Ireland.
We will consider whether mandatory display of ratings should be introduced in England in due course.