Medicines and Medical Devices Bill

Debate between Marie Rimmer and Jim Shannon

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 27th January 2021 Commons Chamber

[Ms Marie Rimmer (St Helens South and Whiston) (Lab) [V]]

In 2018, the imported bodies of political prisoners and human rights abuse victims in China were on display in Birmingham. It was supposed to be a Real Bodies exhibition, to inform the public about biology, yet in reality it was a barbaric travelling circus. The British public unknowingly paid £15 each to view the remains of these poor souls.

Since I learned of that horrific display, I have become determined to work on behalf of these human rights abuse victims to end forced tissue and organ harvesting. Our nation and the people who live here must not be complicit in the brutal acts of the Chinese communist regime. The first step is to put a stop to the importing of tissue and organs of human rights abuse victims. Currently, neither the human tissue regulations nor the Human Tissue Act 2004 requires appropriate consent for imported human tissues to be used in medicines. After several attempts to bring forward an amendment to achieve this, both here and in the other place, the Government have finally included a negotiated amendment in this Bill, which I welcome.

That amendment provides the opportunity to prevent complicity in this crime within the UK medicine industry, and gives Ministers the powers to do the right thing. It is important to stress that the amendment has not dealt with the issue of organ transplant tourism, or the issue of plastinated unclaimed bodies being imported and commercially displayed, as we saw in Birmingham. The amendment is a welcome start, but it is only the beginning; there is much more to do.

I hope the House will forgive me if I place my thanks on record, as securing that amendment has been a long, drawn-out battle across both Chambers. First, I congratulate Lord Hunt of King’s Heath for persevering so tenaciously, along with his co-signatories Lady Finlay, Lady Northover and Lord Ribeiro. I also thank Lord Alton and Lord Collins for their tireless efforts on this issue. Finally, I thank my hon. Friend the Member for Nottingham North (Alex Norris) for his support and advice.

One of my predecessors as MP for my home town, St Helens, was Sir Hartley Shawcross, the chief British prosecutor at the Nuremberg trials. Just like the Nazis he prosecuted for, among many reasons, using human beings for medical experiments, I hope and pray that one day, those responsible for these despicable, heinous acts will be prosecuted for their crimes against humanity, for that is what forced organ harvesting is. Last year, the China tribunal, led by Sir Geoffrey Nice QC, a former lead prosecutor at The Hague, concluded that

“Forced organ harvesting has been committed for years throughout China on a significant scale and that Falun Gong practitioners have been one—and probably the main—source of organ supply”,

and that

“In regard to the Uyghurs the Tribunal had evidence of medical testing on a scale that could allow them, amongst other uses, to become an ‘organ bank’.”

The amendment sends a very clear message that we will not tolerate such appalling acts against humanity and that we will deliver for the people of China, not for the Communist party of China. Let the amendment truly mark the beginning of a new relationship with China—a relationship that is not naive. Today, Holocaust Memorial Day, is the day when the world says “Never again” to genocide. Let this be the start of the Government putting those words into practice.

[Jim Shannon (Strangford) (DUP) [V]]

I thank the Minister for all the work that she has done on the Bill, and I commend the hon. Member for Nottingham North (Alex Norris) for his dedication.

The Bill seeks to address the regulatory gap by introducing dedicated regulation-making powers covering the fields of human medicines, including clinical trials of human medicines, veterinary medicines and medical devices. That is clearly absolutely necessary, and the most pertinent reason is one about which I wrote to the Secretary of State for Health and Social Care just last week: the ability of my young constituent Sophia Gibson to have continued access to her medication post Brexit. Her family were informed that there would be issues sourcing the medication—medicinal cannabis—that has made such a difference to her life. Her parents began their battle, still traumatised from their last battle to source this life-saving medication, and we began to work on it. The Secretary of State and the Northern Ireland Department of Health have worked hard, and initial reports are that we will produce the medication here, in co-ordination with the lab that creates it in the Hague. That is good news, although I await confirmation. It would appear that this is just one story that is working out, but it flags the necessity of the United Kingdom of Great Britain and Northern Ireland creating and prescribing our own medications. That is why this legislation is vital.

I echo and support wholeheartedly the comments of the hon. Member for St Helens South and Whiston (Ms Rimmer) in relation to the commercial forced organ harvesting that is happening in China against Falun Gong members, Christians and Uyghur Muslims. We need to address that, and I know that the Minister and other Ministers have that responsibility. It is very worrying, and I echo the hon. Lady’s comments about that.

I know that the thousands of people who believe that their quality of life has been affected by mesh, for example, will wonder why this legislation has not been in place before. I ask for clarity that the aim of the Bill will be achieved and that it will allow for much greater scrutiny and accountability in the world of medical devices.

The Lords amendments make a few suggested additions to the Bill. There is an understanding that we must allow our medical field the ability to produce medication and medical devices, but also that it must be better regulated and offer better protection to those who rely on these devices. The Bill extends to England, Northern Ireland, Scotland and Wales. Parts 1 and 2, relating to human medicines and veterinary medicines respectively, are within the legislative competence of the Northern Ireland Assembly. A legislative consent motion has been sought for those parts, and I welcome that following close on the heels of this debate.

Our goal is not simply to pass continuity legislation post Brexit but to improve and upgrade our legislation, and that is what the Bill achieves. The Government indicated in the background briefing to the Queen’s Speech and in a press release that they intend to use these powers to support the development of medicines and medical devices in the NHS and amend prescribing power. That needs to happen, and it needs to happen now; will the Minister confirm that that is the case? The Government stated in the explanatory notes to the Bill that they intend to use these powers to keep the existing regulatory frameworks updated, while consolidating the enforcement regime for medical devices. In addition, the Bill will provide the Secretary of State with the ability to impose civil sanctions as an alternative to criminal prosecution for breaches of the medical device regime.

I have long worked with those who believe that the use of mesh in their bodies has caused substantial harm—not just females and ladies, but males. I have had a number of meetings with them about that. We are all aware that, when something is termed a medical device and not a medication, the testing is less stringent. The civil sanctions will provide the emphasis that we all want to see, to ensure that any device placed in a person’s body has been tested to a high standard before widespread use. I commend the Government, and I commend all Members for their contributions.

Covid-19: Support for Rugby League

Debate between Marie Rimmer and Jim Shannon

Monday 2nd November 2020 Commons Chamber

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

I thank my right hon. Friend for securing this important debate. It is wonderful to hear the contributions, and I notice the gender on the Opposition Benches, which is significant.

[Jim Shannon]

There is still one man here.

[Ms Rimmer]

Yes, Jim.

Medicines and Medical Devices Bill

Debate between Marie Rimmer and Jim Shannon

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 23rd June 2020 Commons Chamber

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

I thank the Minister for providing us with sight of her letter to the Minister for Asia. As she committed herself to doing in Committee, she communicated it to all Committee members. I sincerely thank her for that.

Amendment 19 would empower the appropriate authority to make provisions for the process of developing or manufacturing medicines in relation to the origin and treatment of human organs. This is necessary because of the actions by the Chinese Government in Beijing. The China tribunal, headed up by Sir Geoffrey Nice QC, launched the first independent legal analysis of all evidence relating to organ harvesting in China and found beyond reasonable doubt that forcible organ harvesting was taking place. China was invited to provide evidence to this tribunal but failed to do so.

Further, a study by the medical journal BMJ Open has raised ethical issues on over 400 Chinese medical studies, and there is clear evidence that China is abusing the human rights, including the right to life, of Uyghurs, practitioners of Falun Gong, conscientious objectors and political prisoners. There is no reason to believe that China is not also experimenting on such prisoners without consent and then harvesting organs to examine the results of such experiments, and we must protect the UK health system from being morally compromised by this.

The Minister stated in Committee that my amendment was not required as regulations are already in place under the Human Tissue (Quality and Safety for Human Application) Regulations 2007 and the Human Tissue Act 2004. There are codes of practice in respect of the 2007 regulations, but section 1(4) of the 2004 Act explains that subsection (1) does not apply for a body to which subsections (5) or (6) apply:

“Subsections (1) to (3) do not apply to an activity of a kind mentioned there if it is done in relation to…a body to which subsection (5) applies”—

which includes a human body that has been imported—

“or…relevant material to which subsection (6) applies”,

and that applies to “relevant material” if has been imported. “Relevant material” means material consisting of human cells, so imported human tissue does not require appropriate consent.

The importing of human body tissue for medical research does not require any consent or traceability—it is only advised, not required—meaning that human tissue from countries like China can legally be imported to the UK for the purpose of medical research without traceability, documentation or consent. Imported human body tissue for use in medicines requires traceability from donor to recipient. Although technically consent documentation does not legally require consent, in reality it would be difficult to demonstrate donor selection requirements without it.

Without my amendment, we have no assurance that harvested organs cannot find their way into our national health service. Although the legislation and regulations provide guidance, it is just that: guidance. Why should we not want to make it clear that harvested organs will not find their way into this country? International checks on the system are failing, with the World Health Organisation’s assessment of the Chinese organ transplant system actually being one of self-assessment, as stated by the WHO to the Foreign and Commonwealth Office. Thus, the regime breaking the ethical standards is also assessing whether it meets them.

The British Medical Association has called on the Government

“to reconsider its position on this issue in light of the findings of the Tribunal”.

My amendment would empower the Government to do just that and close the hole in the existing legislation. It aims not to shut down the trade in medicines between the United Kingdom and China, but to ensure that it is ethical. It would not force the Government to implement the regulations now; it would merely empower them and the relevant authorities to take the steps necessary to regulate on this issue, when and if they are prepared to do so.

I do not intend to push my amendment to a Division today, although frankly, I should not have to: the moral and practical case is as clear as day, and the Government should accept it. It seems that they will not do so at this stage, but they should when the Bill is debated in the other place. I want to make it abundantly clear that I will not let this matter lie. A growing group of cross-party parliamentarians, both here and in the other place, are determined to stop this from happening. We now need the Government to do their bit. I will leave it there.

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to be able to speak on this issue. The Minister knows how pleased I am to see her in her position. I have always followed her progress, and she has done very well. I am pleased to note how capably she responds to the issues that are raised in the debate. What a pleasure it is, too, to see the shadow Minister, the hon. Member for Nottingham North (Alex Norris), in his place.

Medicines and Medical Devices Bill

Debate between Marie Rimmer and Jim Shannon

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 2nd March 2020 Commons Chamber

[Jim Shannon]

It is important that is put on the record. There was a question in the other place today on this very issue of organ harvesting. The hon. Lady and I, like others in this House, recognise that commercial organ harvesting is happening in China. Is it not important for our Government, and for all responsible Ministers, to contact the Chinese authorities directly to ensure that organ harvesting does not take place? It is not just the Uyghur Muslims but Christians and those of other ethnic minorities, too. They are all being discriminated against for being alive.

[Ms Rimmer]

The China tribunal report was issued yesterday, and it clearly states that organ harvesting is being done in a commercial, business-like manner. It is absolutely horrendous. People are being taken into prison for nothing, and their DNA is taken. A doctor who now drives an Uber taxi in London was forced to remove the liver and kidneys of a Uyghur Muslim while he was still living, which is horrendous. I and a number of others intend to get this resolved. We must ensure that medicines entering the United Kingdom have not been tested on or developed using those organs or any other human rights abuses, and I am sure the Government are aligned with me on this issue.

If appointed to the Public Bill Committee, I hope to move an amendment on this issue, on which there is cross-party support in both Houses. In the light of this week’s stories in The Guardian and The Daily Telegraph about major companies profiting from Uyghur slave labour, it seems there is no indignity, no suffering, that those poor people are not forced to endure. The trade in their organs must surely be one of the most wicked crimes against humanity of the 21st century. This Bill will provide the House with one small opportunity to strike a blow on their behalf.

Domestically, we must ensure that regulators are properly equipped with the resources and financial support to take on the new responsibilities outlined in this Bill so that we do not place more stress on an already overstretched NHS system. We must also better understand how the Government intend to monitor the effectiveness of those regulations and regulatory bodies, as well as the nature of their role in doing so.

The NHS is one of our nation’s greatest achievements, and any attempt to make it stronger is always to be welcomed. We must make sure that the United Kingdom’s health industry and the NHS help to make the lives of our citizens and those abroad safer, healthier and more dignified.

Criminal Justice System: Adults with Autism

Debate between Marie Rimmer and Jim Shannon

Tuesday 30th January 2018 Westminster Hall

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Edward. I congratulate my hon. Friend the Member for Cardiff West (Kevin Brennan) on securing this important debate.

Adults with autism experience the criminal justice system in a unique way, which is reflective of the unique and complex way they experience the world and the social, physical and psychological symptoms of their condition, which exist on a broad spectrum. Recent studies have shown that we are all somewhere on that spectrum.

Adults with autism and their individual needs are often not immediately identified on their first contact with the criminal justice system. That has significant consequences for autistic people, both as offenders and victims. The Autism Act 2009 was the first condition-specific legislation of its type in England, and I am proud to say that it was brought in under a Labour Government. The coalition Government’s 2014 “Think Autism” strategy set out two key priorities relating to criminal justice as identified by those with autism and their carers. Those priorities are, in their own words:

“I want the everyday services that I come into contact with to know how to make reasonable adjustments to include me and accept me as I am. I want the staff who work in them to be aware and accepting of autism”

and

“If I break the law, I want the criminal justice system to think about autism and to know how to work well with other services.”

I cannot emphasise enough that adults with autism are much more likely to be victims of crime—seven times more likely—than to be offenders. The National Autistic Society tells of horrific crimes perpetrated against adults with autism, including one autistic man who, aged 21, was harassed, raped and murdered, in part because of his condition. His mother said that

“he was vulnerable and became a target because of his condition, but we weren’t given any help”.

Some 49% of adults with autism in a 2014 survey said they had been abused by someone they thought of as a friend. Autism brings with it an inherent vulnerability to bullying and social exclusion, and we must urgently work to entrench awareness of and respect for it within our society, starting in our schools.

Statistics published by the Office for National Statistics between 2013 and 2016 showed that autistic people were four times more likely to experience disability hate crime than were those with disabilities that affected their stamina, mobility or vision. In other words, there is no empathy for autism. Will the Minister commit to looking at the rise in disability hate crime—it rose 53% between 2015-16 and 2016-17—and exploring how we can tackle this national shame?

Intrinsic to the condition is, generally speaking, a desire to keep to the letter of the law—very much so—but, as in the community as a whole, some adults with autism do commit crime. It is widely accepted that, in the case of autistic people, a significant proportion of crime committed is caused by circumstances that provoke discomfort, fear, or misunderstanding.

The right hon. Member for North Norfolk (Norman Lamb)—the Minister with responsibility for care and support at the time of the “Think Autism” strategy’s publication—said in December last year that we should invest more in keeping people with mental health conditions, learning disabilities and autism out of our prisons altogether. I absolutely agree.

The National Autistic Society also agrees with that assessment, and it stated that

“for many autistic people, prison has meant that the system has already failed”.

This is not always possible, but will the Minister commit to exploring the equivalent of autism accreditation for the criminal justice system in its entirety, from the point of exposure to exit? That means looking at what reasonable adjustments can be made throughout the system from the moment the police are called—including the quick-fire questions at interview—and people’s appearance in court, detention in prison and rehabilitation.

The most prevalent problem appears to be in policing, which is most people’s first point of contact with the criminal justice system. A 2016 study showed that seven out of 10 adults with autism were dissatisfied by their experience with the police and reported discrimination, a lack of clarity and a feeling that their needs were not met. The “Think Autism” strategy tasks the College of Policing with developing autism awareness training for new recruits. I welcome that move, but responding police across the board must be trained so they understand that when they identify someone who may have autism, they must respect that person’s needs.

Wailing sirens, loud noises, being touched and being shouted at are experiences that, combined, lead to sensory overload for most adults with autism. In those circumstances, the behaviour of people with autism, such as stimming, can easily be misinterpreted as aggression. Ensuring that the police are uniformly educated about autism is without doubt the key to preventing excessive distress and unnecessary violence. I urge the Minister to take steps to ensure that all police, no matter their length of service, have the autism understanding that they need.

People with autism may also be seen as unreliable witnesses, because stress may alter their behaviour in the courtroom, and the often literal nature of their responses may not be conducive to effective self-advocacy or to providing an account of events that happened to others. Since 1999, it has been legally possible, at the court’s discretion, to identify people as vulnerable and to adapt proceedings accordingly, but I understand that that is done infrequently and does not reflect the number of vulnerable people who pass through our courts.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Lady on raising that matter. This is not just about prison officers, the court service and the prison service; it is about recognising issues early in the process. If we do that, we can address the issues further down the line, and if people with autism are distressed by what they are going through, we can put their minds at rest.

[Ms Rimmer]

I accept that point. It should start with policing and go right through the system with the individual.

I welcome the recent progress that has enabled witnesses on the autistic spectrum to request a registered intermediary to help judges and lawyers to phrase their questions more appropriately. Will the Minister consider enforcing the universal implementation of those measures to make our courts more accessible for vulnerable people? Much more can be done to educate legal experts about the complexities of autism to reduce the possibility of miscarriages of justice and to avoid putting autistic witnesses under undue stress.

Social attitudes research shows that some jurors still hold stigmatising beliefs about autistic individuals, which could negatively impact their decisions regarding such people at trial. Given that only 16% of autistic people and their families believe that the wider community understand their disability, it is likely that that is a systemic issue in criminal justice.

I want to focus on the “Think Autism” objective of effective joint working. In the Government’s 2016 progress report on “Think Autism”, only 11% of local authorities gave themselves a green rating for their work on autism with the criminal justice system. That rating was based on the inclusion of people with autism in developing local criminal justice diversion schemes, involvement in the autism partnership board and evidence of joint working. I am deeply concerned about those figures. I understand that the Government are reviewing the strategy next year, and I will be pleased to hear about any progress.

The all-party group on autism hosted a meeting on criminal justice in 2014 with the then prisons Minister, from which the pioneering autism accreditation scheme arose. The first prison to be autism accredited was Her Majesty’s prison and young offenders institution Feltham in 2016. The standards for accreditation apply to prisons’ education, health and mental health services, and they cover autism understanding, training for staff, adjustments to the prison building—such as reducing the stimulation of posters and notices—changes to prison routines and individual risk assessments. They were developed by the National Autistic Society, which is now working with other prisons in the country to help them to achieve accreditation.

I was pleased to hear that, as of April 2017, accreditation programme pilots have been trialled in the probation service. That is undoubtedly progress. It will lead not only to the implementation of the practical steps needed to become accredited, but to an accompanying cultural change that will generate a greater awareness of autistic people’s needs and improve the perception of autistic people. That will lead to a greater understanding and acceptance of who they are.

In the meantime, adequate autism-specific training must be made available for all prison staff and police. Much more research needs to be carried out in this field. Awareness needs to be raised across the board about the fact that adults with autism experience things differently and, crucially, that those differences are not experienced uniformly.

It is clear that inroads are being made, but the progress is not quick enough for the adults with autism who have been let down by our criminal justice system. I urge the Minister to bring about change. Prison is an inhuman setting, but for adults with autism it is far more severe, and their route to prison often leads to severe distress. We need to bring about a societal change in attitudes, through awareness-raising and a concerted effort by the justice system. I believe that that is the key to generating a lasting improvement in autistic adults’ experience of criminal justice.