(8Â months, 1Â week ago)
Commons ChamberOrder. When entering the Chamber, hon. Members must be aware that there is a debate taking place.
Does the hon. Lady accept that there are practical consequences flowing from the intolerable delay in the Government making an announcement about the scheme? For example, repairs are under way at All Saints church in Mudeford and at Christchurch priory, and the consequence of the Government not doing anything about this scheme will be hundreds of thousands of pounds of extra costs for those churches.
(1Â year, 2Â months ago)
Commons ChamberI beg to move amendment 1, page 1, line 5, leave out âandâ.
With this it will be convenient to discuss the following:
Amendment 2, page 1, line 6, at end insert
âand
(c) set out a timetable for implementing any changes in the law recommended by the review.â
Amendment 3, page 1, line 7, leave out âin particularâ.
Amendment 4, page 1, line 9, leave out âthreeâ and insert âtwoâ.
Amendment 5, page 2, line 3, leave out âin the opinion of the Secretary of Stateâ.
Amendment 6, in clause 2, page 2, line 7, leave out from âareâ to end of line 8 and insert âarrangements in place toâ.
Amendment 7, page 2, line 12, after âappointedâ insert
âwithin the period of 6 months beginning with the day on which this Act is passedâ.
Amendment 8, in clause 3, page 2, line 33, leave out
âin the opinion of NHS Englandâ.
Amendment 9, page 2, line 40, leave out subsection (4).
This is certainly not a trivial Bill; it is a really important piece of legislation, which I congratulate the hon. Member for Edinburgh South West (Dr Arthur) on introducing and pioneering. It was not a Government handout; it was an idea that he thought needed to be the subject of legislation and he has pursued it. We had a fantastic Second Reading debate. There is tremendous interest in the Bill. May I therefore make it clear at the outset that my amendments are designed to try to strengthen the Bill rather than anything else?
I explained my position to the hon. Gentleman yesterday. He said, understandably, that to a large extent he was constrained, because he was trying to negotiate with the Government and with the Department of Health and Social Care, and unless he showed himself to be reasonably compliant, he would not have got the Bill to a state where it could be accepted by the Government.
I note the different positions on this, and I fully understand and respect the hon. Gentlemanâs position. The hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) basically said that if she had introduced such a Bill, she would have got so steamed up about it that she would have included a lot more strength and safeguards, and as a consequence it probably would not have got anywhere near being considered on Report. Those are two different approaches. I am, relatively speaking, neutral on the matterâI am a sympathetic supporter of the Billâbut I have a lot of background experience of how Governments always try to give themselves wriggle room, in effect to maintain control over everything, and in my view the Bill could be improved by being amended, with the will of the House, on Report.
We could talk about taking some of my amendments to the other place, but the trouble is that the Government machine may say that there will not be any more sitting Fridays in this House, so if the Bill were to be amended in the other place it might fall completely, because it would need to be brought back here. That is why it is important that the House should consider these amendments now rather than leave them to the other place.
Amendment 1, which is to be read with amendment 2, is a prime example of the point I made earlier. We have a commitment from the Government that:
âThe Secretary of State mustâŚcarry out a review of the law relating to marketing authorisations for orphan medicinal products that are for the diagnosis, prevention or treatment of cancerââ
greatâ
âandâŚprepare and publish a report setting out the conclusions of the review.â
But what is the timescale for that, and what will happen after those conclusions are produced? There is no obligation on the Government to do anything else. The review and its conclusions could be just left on one side. We in the House are in a position to tighten those provisions up and say, âThis is not good enough. There should be a timetable for implementing the changes in the law recommended by the review.â That is the essence of the two amendments.
To look at another gap that could be exploited by the Government, the Bill says that the report must be
âpublished before the end of the period of three years beginning with the day on which the Act is passedâ.
I have tabled amendment 4 to say that the period should be two years.
In respect of both those points, I have had a helpful email from Diana Jupp from Pancreatic Cancer UK, who writes on behalf of more than 30 charities representing patients affected by rare and less common cancers. She comments on my amendments. On amendment 2, she says,
âWe are keen to push for this change with the Department once we reach implementation stage of the Bill.â
With the greatest of respect to Diana Jupp, we can do this now. Instead of leaving it to her and her colleagues to try to pressurise the Department later, we in this House have the power to change the legislation in the way that I have suggested, so that there would be a timetable set out for implementing the changes in the law recommended by the review.
In response to amendment 4, Diana Jupp says that
âthis timeline has been agreed with the Department and in our opinion would tie into the timelines of other developing cancer policy implementation, including the cancer plan.â
Obviously, the most important part of her comment is that the timeline has been agreed with the Department, because if it had not been, the Department and the Minister would not have taken the Bill forward in this way and agreed to it.
On the timeline, I draw the Houseâs attention to the evidence base set out in the impact assessment. It says that the whole process will take one year. The Department reckons that it will cost ÂŁ130,000 and sets out how many full-time equivalent civil servants will be involved in it. If it will only take one year, why are we saying that it needs to have three years? That is an example of why we need to tighten up the Bill, because if this is a review that needs to and will be carried out, why do we not get on with it? To suggest that it will take longer than a year is to go against the Departmentâs own evidence set out in the impact assessment.
The impact assessment says on page 6, under the heading âMandating a Government review of the orphan drug regulationsâ:
âThis will place a duty on the Government to publish a review which will be a comparison of orphan drug Regulations (specifically Part 5 of the Human Medicines Regulations 2012) and international regulatory approaches to supporting the research and development of orphan medicinal products that are for the diagnosis, prevention or treatment of cancers. Since the review is concerned with orphan drug regulations it is by default covering rare cancers. The findings should be published within 3 years.â On page 7, paragraph 19 on financial costs says,
âIt is difficult to estimate the resourcing costs required for the orphan drug review, since the exact scope remains to be agreed. However, we estimate the cost to the Department of Health and Social Care to produce and publish a report on orphan drug Regulations to incur costs of approximately ÂŁ0.14m in relation to staff resource. This reflects the cost of 0.3 x SCS staff, 1 x FTE Grade 6 or Grade 7 staff, 0.3 x Grade 7 staff and 0.5 x SEO staff for one year.â
That is what the Government say: only one year will be necessary.
In that case, why is my generous amendment, which would restrict the period from three years to two years, unacceptable to the Government? There is a history of dragging of feet at the Department of Health and Social Care, I am afraid; we certainly heard about that on Second Reading. I give the House that specific example of why, on the Governmentâs own evidence, they should accept the change from three years to two.
Amendment 3 would leave out âin particularâ from line 7, which reads:
âIn carrying out the review the Secretary of State must, in particular, consider regulatory approaches in other countries.â
The amendment is intended to probe rather than anything else. Why do the words âin particularâ need to be incorporated? Surely it would be simpler to say that the Secretary of State âmust consider regulatory approaches in other countriesââfull stop, period. But that is not how it is at the moment.
Amendment 5 would leave out the reference to the Secretary of State. This is to do with the definition of a rare cancer. Currently, clause 2 would add this wording to the National Health Service Act 2006:
âThe research that the Secretary must facilitate or otherwise promote under subsection (1)(a) includes research into cancers that in the opinion of the Secretary of State are rare cancers.â
Why cannot it not just say âthat are rare cancersâ? Indeed, clause 2 would also add this wording to the 2006 Act:
âIn this section ârare cancerâ means a cancer that affects not more than 1 in 2000 people in the United Kingdom.â
That is an issue of fact. The Secretary of State should not be able to basically have a veto over the interpretation of what is or is not a rare cancer.
This is just another example of the control freakery within the Department. I am sorry that so far the Minister does not seem to have stood up to officials who have persuaded him, no doubt, that we need the expression
âin the opinion of the Secretary of Stateâ.
Again, the argument is quite straightforward and the people from Pancreatic Cancer UK are on my side, but they are obviously very keen for the Bill to get on to the statute book. We all have to recognise that it is within the Governmentâs power to prevent it from making any further progress. That is why it will be quite difficult, I suppose, to persuade the Minister to accept amendment 5.
Amendment 6 would leave out from âareâ to the end of the line and insert âarrangements in place toâ in this statement in clause 2:
âIn discharging the duty under subsection (1)(a) in relation to those cancers, the Secretary of State must, in particular, ensure that there are such arrangements in place as the Secretary of State considers appropriate toâ.
Why can we not just say âarrangements in place to enable potential participants in clinical trialsâ, and so on? Why do we need to give the Secretary of State discretion âa veto, essentiallyâover whether he considers those arrangements to be appropriate? It seems to me completely redundant, unnecessary and, indeed, oppressive. It is counter to the expressed wishes of this House on Second Reading, when there was impatience over the delay, because of the need to get on with this, and suspicion over the failure of the Department of Health and Social Careâunder not just this Government but previous Governments, which I would be the first to acceptâto actually deal with the crisis involving people who are subject to rare cancers. That is amendment 6. I am trying to beetle through these amendments quite quickly, Madam Deputy Speaker, so that other people can participate in this important debate.
Sir Christopher, is it your pleasure that amendment 1 be withdrawn?
Is it possible to respond, Madam Deputy Speaker?
Very briefly. I was asking whether amendment 1 would be pushed to a vote or withdrawn, so if you could alert me to that it would be very useful.
I will respond briefly to the debate. In so doing, I thank my hon. Friends the Members for Hinckley and Bosworth (Dr Evans) and for Farnham and Bordon (Gregory Stafford) for their contributions.
I listened for what the Minister would say in response to my point about NHS England, but I did not hear the expression âNHS Englandâ come from between his lips, and I wonder whether that was an oversight or whether it was left out of his brief deliberately by officials from NHS England. Amendment 8 specifically deals with NHS England, and my hon. Friend the Member for Hinckley and Bosworth referred to it. Does the Ministerâs reluctance to intervene at this stage show that he is in denial about the policy in relation to NHS England? I presume that he is in such denial.
We have had a classic example from the Minister of why the civil service is ruling okay, because it can come forward with a valid objection to every possible suggested alternative and amendment. I do not think that this attitude will be very helpful to the people we are trying to help through the Billânamely, those who are suffering from rare cancers and who want us to make progress in this area. I will not press any of these amendments to a vote, but I hope that when the Bill gets to the other place there will be more persistent probing, particularly on the issues around NHS England and the definitions.
To give credit where it is due, I was pleased with what the Minister said about the specialty lead. As discussed, we do not need legislation for this anyway. He said he wants to have that dealt with promptly but is fearful of accepting an amendment that requires it to be done within six months because of the possibility of unforeseen delays. I take it from that that he is going to get on with that aspect, and let us hope that that goes faster rather than slower. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Third Reading
(1Â year, 2Â months ago)
Commons ChamberOrder. If Members hope to contribute, they need to bob throughout. I cannot read their minds, if they only bob towards the end.
Order. A discussion should not be taking place while colleagues are seated.
If the hon. Member for Sutton and Cheam (Luke Taylor) says he has no interest in this Bill, then he does not have to attend. I thought he was seeking to intervene, but he was not; he was wanting to make some sedentary remark.
I have put on the record my opposition to and scepticism about the contents of this Bill, and I will leave it at that.
(1Â year, 6Â months ago)
Commons ChamberThat intervention was slightly broad in scope, but it returned at the end.
The Environment Agency as an armâs length body is found wanting in many respects, not least that it argues that it has a lack of resource to introduce the necessary prosecutions and enforcement of the regulations that it is meant to be in charge of. Just to illustrate that pointâthis also relates to Natural England, actuallyâtowards the end of the last Parliament, I arranged with the then Minister at the Department for Environment, Food and Rural Affairs to have a meeting in his office with officials from Natural England and the Environment Agency to discuss the state of the Avon valley: the river, the nitrates and phosphates problems, and the break in the Avon valley footpath, which crosses the River Avon in my constituency but, as a result of neglect, is no longer viable.
The Minister set up the meeting in his Department. The first time I went along to the Department with him, he was sitting there with his private secretary and we were meant to have officials from Natural England and the Environment Agency with us online on ZoomâI do not know whether they were working from homeâbut nothing happened. At the last minute, there was a message saying that they could not attend. I said to the Minister that he should get heavy with them, because this was intolerable. It was another month or six weeks before we had an in-person meeting with them. I wish that I could say to the hon. Member for Hyndburn (Sarah Smith) that, as a result of all that, the issues have been resolved, but they have not. I have got a meeting with Natural England on site on 1 April in the Avon valley in my constituency.
All is not well with these armâs length bodies. There are probably different solutions for resolving that, depending on their specific nature.
(1Â year, 8Â months ago)
Commons ChamberI shall try to be brief, Madam Deputy Speaker. I follow the hon. Member for Blackley and Middleton South (Graham Stringer) by referring to a quote from Hayekâs book, âThe Road to Serfdomâ. I do not claim credit for identifying it myself; it was quoted in the other place by Lord Hannan of Kingsclere on 15 January in the context of the Football Governance Bill. He was talking about the growth of the administrative state, about which the hon. Gentleman was speaking at the beginning of his speech. Hayek said:
âThe delegation of particular tasks to separate bodies, while a regular feature, is yet only the first step in the process by which a democracyâŚrelinquishes its powersâ.
That is in chapter 5 of âThe Road to Serfdomâ from 1944, so not much has changed. The MHRA is an example of what happens if we in this House transfer responsibility to unelected and unaccountable organisations.
It so happens that on the Order Paper for tomorrow is my Covid-19 Vaccine Damage Bill, which is sponsored by a former Attorney General. That Bill calls for an independent review of covid-19 vaccine damage. It calls on the Secretary of State to
âappoint a current or former High Court judge to lead an independent review of disablement caused by Covid-19 vaccinations administered in the United Kingdom and the adequacy of the compensation offered to persons so disabled.â
We know that more than 600 people have already been told by the agency responsible at the Department of Health and Social Care that they have suffered disabilities as a result of covid-19 vaccines. A large number of them, where the disability is in excess of 60%, have been awarded wholly derisory payments of ÂŁ120,000 each.
My Bill goes on:
âThe review must considerâŚthe rates and extent of disablement caused by each type of Covid-19 vaccination offered in the United Kingdomâ.
Relevant to this debate, the review must also consider
âthe effectiveness of Medicines and Healthcare products Regulatory Agency monitoring of such side effects, and National Health Service and Government responses to such monitoringâ,
as well as
âthe adequacy of compensation offered to persons so disabledâ.
There has always been an agreement, basically, that if something goes wrong for people who undertake vaccination voluntarily or are in receipt of other medical productsâif they are doing the right thing by the country at largeâand they have an adverse reaction, they will be able to look to the Government or the taxpayer to pay them some recompense under the scheme to which I have referred, if causation is established. The trust built by that scheme has been undermined by the long denial of the previous Governmentâand, to an extent, the current oneâthat any adverse reactions had been caused by the covid-19 vaccines, other than the most minor disablement. It has also been undermined by the fact that so many people have applied for a review of their cases. Some peopleâI think more than a thousandâhave been waiting more than 18 months for a decision. That shows that this is a low priority for the Government.
I hope that when the Minister responds to the debate, she will be able to explain why the Government will block my Bill again tomorrow. If they were taking this issue seriously, as they should be, they would be open to and supportive of the establishment of an independent review of disablement.
(3Â years, 10Â months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I do not keep a tab on what papers or books the hon. Gentleman reads. I am sorry that he is disappointed that there is not a Cabinet Minister in the Chamber, but, as I have said, they were involved in negotiations at COP and they are now on their way back. The urgent question was granted and here I am. No one is denying the importance of what is happening at COP. We must make sure that we reach net zero. That applies not only to this country, but to countries around the world with which we have to negotiate.
I am anxious that we do not leave this Chamber with a picture of doom and gloom. Negotiations have taken place and there has been some progress, but sometimes we overlook that progress. I know that what matters to my constituents will no doubt matter to the hon. Memberâs constituents as well. On the forests and climate leadersâ partnership, for example, 23 countries and the EU are accelerating momentum to halt and reverse forest loss and land degradation by 2030. The UK has also confirmed ÂŁ150 million to protect rainforests and natural habitats. That is as a result of our leadership. It is not perfect, but we should be so proud of how far we have gone.
The accelerating to zero coalition has also been launched, and it has been announced that the zero emissions vehicle declaration has 210 signatories. Furthermore, the breakthrough agenda will result in tangible actions being taken by countries that account for more than 50% of global GDP. There is much more to do, but there is a lot to be proud of. We should continue moving forward.
Will my hon. Friend explain exactly what discussions took place in Egypt between our Government and Germany on the issue of Germanyâs intent to open up lignite mining and use lignite to generate electricityâlignite being the dirtiest form of electricity generation? Is there not something of an issue for us as a country in competing with Germany if it is quite prepared to ignore all the norms and use lignite to generate electricity, while we are reluctant to even open another coalmine?
My hon. Friend makes a valid point. We often focus on what we are delivering in the UK, and that is important, but we make an argument that other European countries are somehow constantly cleaner and greener. His point is a valid one. That is why global negotiations and global collaborations matter. We must shine a light not only on countries far from home, but on countries closer to home, such as those in Europe, which unfortunately are not leading the way as much as we are.