Question to the Department of Health and Social Care:

To ask the Secretary of State for Health, what assessment his Department has made of the potential effect on the supply of medical devices to NHS patients in the event that there is no transitional period prior to the UK leaving the EU during which to implement changes in EU law made before or during such a transitional period.

The Medicines and Healthcare products Regulatory Agency, the Office of Life Sciences, and the Department for Exiting the European Union are leading our work in this area.

Medical devices are important for transforming health outcomes, and our top priority for the Life Sciences sector in the negotiations is to protect the safety of patients and ensure the integrity of cross-European public health systems.

After the European Union referendum, the UK EU Life Sciences Steering Group was established to oversee a programme of work that is informing our departure from the EU. The group’s remit includes people and skills; research and grants; intellectual property; regulation and trade, manufacturing and supply - to organisations including the National Health Service.

Regarding potential transposition of any changes in EU law, the general approach taken in the European Union (Withdrawal) Bill is that EU law which applies directly in the UK legal system immediately before exit will be converted into domestic law after exit. The purpose of the Bill is to provide a functioning statute book on the day we leave the EU, and it is designed to ensure that the United Kingdom exits the EU with certainty, continuity and control. After we leave the EU, Parliament will be free to change the law where it decides it is right to do so.

In the negotiations the Government will discuss with the EU and Member States how best to continue to cooperate. We start from the position of having an aligned regulatory partnership and any changes should consider the impact on patient and public health. However, we appreciate that this is a negotiation, so we are prepared for all eventualities. Whatever the outcome we will protect the best interests of patients and the NHS.