European Union (Withdrawal) Bill

Debate between Philippa Whitford and Jonathan Edwards

Committee: 2nd sitting: House of Commons
Wednesday 15th November 2017 Commons Chamber

[Jonathan Edwards]

I am always grateful for the hon. Gentleman’s assistance. He also speaks with great authority on these issues.

From where I approach these negotiations, it seems that the British Government’s decision to be outside the single market and customs union has created huge friction in the negotiations with the European Union. If we were to say that we wanted to stay inside the single market and customs union, I hazard a guess that the negotiations would proceed at a far greater pace and would reach a far more amicable destination.

Amendment 87 would alter the definition of EU retained law so as to include only reserved areas of legislation, which would allow the National Assembly for Wales and other devolved Administrations to legislate for themselves on areas of EU-derived law that fall under devolved competency.

After two referendums and hundreds of thousands of votes cast, the people of Wales chose to create a primary law-making Parliament in Cardiff that decides on the policies that matter most to the people of Wales in their day-to-day lives, such as education, health and the environment, to name but a few. The latest round of devolution saw the creation of the reserved powers model, stripping away the unnecessary jargon and constitutional complexity, which in effect means that the National Assembly for Wales has control over everything that is not explicitly listed as a matter kept by Westminster. It was meant to simplify matters and create clarity. In fact, the current Secretary of State for Wales went as far as saying that the change would settle the constitutional question in Wales for a generation. We can only assume that he was talking in terms of fruit flies, as before April 2018, when the newest devolution settlement comes into full force, we face nothing short of a constitutional crisis.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Is that not the crux for both Scotland and Wales? The basis of the Scotland Act 1998 was that everything not reserved was devolved. Bringing powers to Westminster instead of to where the competencies lie reverses that principle.

[Jonathan Edwards]

That is why the Scottish and Welsh Governments, in a joint declaration, said that this Bill is a naked power grab. That is what amendment 87 seeks to address.

The UK Government’s withdrawal Bill flies in the face of the reserved powers model. Rather than the new powers brought about by Brexit flowing straight to Wales, as would be the case under the reserved powers model, they will be kept under lock and key in Westminster in what the UK Government are calling a “holding pattern.” All we have is the UK Government’s boy scout promise that one day we might get back those powers, as well as the ones we have lost for that matter. If devolution is a process, why should we assume that centralisation is not?

Drugs: Ultra-rare Diseases

Debate between Philippa Whitford and Jonathan Edwards

Tuesday 16th June 2015 Westminster Hall

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

That system sounds excellent. I commend the Scottish Government on their work. That could be a great help to my constituent, Mr Trystan James, who suffers from tuberous sclerosis complex and is reliant on a clinical trial drug to deal with a life-threatening tumour. Of course, his drug prescription is therefore completely at the discretion of the drugs company and his family are going from one prescription to the next. That relates to what the hon. Member for Strangford (Jim Shannon) said about emotional pressure on families. I commend the Scottish Government on their work.

[Dr Whitford]

The important thing to remember is that if this is all done by individual requests, the NHS does not go to the companies. We need to realise that companies have often made investment over decades and that nine out of 10 drugs they research will go nowhere, but it is important to have a wider debate with companies to get the best price. Hon. Members mentioned that some companies are willing and able to reduce the price to get a drug in.

Drugs are licensed. We must not mix up licensing with funding. Licensing is about asking, “Is this drug safe and proven at a basic level?”, not anyone coming in and saying, “Rare plant juice will cure everything.” These are licensed drugs that we could prescribe—a doctor has the right to prescribe them—but the NHS has to make the decision about whether to fund them; those are funding decisions, not licensing decisions.

It is important that families know what the pathway is and how they move on when their clinician takes a case forward. It is important that they know they can respect decisions and how to lobby at the next step, and that they feel their voice is being listened to. We feel that PACE has, over more than a year, allowed us to do that. Clinicians in Scotland got frustrated about decisions going through without us informing that decision.

There could be a system that sits on the side of NICE, or a sub-group. One of NICE’s three assessments will never be given over to a drug intended for 88 patients when it is also assessing drugs that might be taken by 500,000 people. Rare diseases would always fall behind, and that is why those must have their own system and why the patient voice must be heard in these ways. Obviously, things have changed with the Health and Social Care Act 2012, but I commend such a structure to the Minister.