Queen’s Speech

Lord Patel Excerpts

Tuesday 22nd October 2019 Lords Chamber

[Lord Patel (CB)]

My Lords, it is a pleasure to follow the speech of the noble Baroness, Lady Doocey. I have of course been deprived of being able to congratulate the noble Baroness, Lady Emerton, on her valedictory speech, but nevertheless I would like to put on the record some points because I think that she might have been amused by what I have to say about her.

I never referred to the noble Baroness as “Baroness Emerton” or “Audrey”—I always called her matron. I think she enjoyed the idea that I, as a perhaps one-time senior doctor, was petrified of matron, as I always was. She is a formidable lady and was referred to as such by the noble Baroness, Lady Cumberlege, on the day she made her maiden speech. I say to the noble Baroness, Lady Watkins, that three nurses spoke that day: the noble Baronesses, Lady Emerton and Lady Cox, and Lady McFarlane of Llandaff—three formidable ladies, you might say. We all know that the noble Baroness, Lady Emerton, has contributed an enormous amount, quite forcefully, and has championed the causes she felt strongly about—particularly the health service and, within it, the important role that nurses play. I was interested to see that her motto is “Pro fide, pro utilitate hominum”—quite appropriate for a nurse, you might say. A more appropriate motto for her might have been “Cibum non est mecum”. I hope my Latin from a long time ago makes the point. For noble Lords who cannot translate: “Don’t mess with me”.

The Queen’s Speech said:

“Measures will be brought forward to support and strengthen the National Health Service”,


and its workforce. Furthermore, it said that legislation will be brought forward to establish,

“an independent body to investigate serious healthcare incidents”.

It also said:

“My Government will bring forward proposals to reform adult social care”.


It has been said enough already that there is, as yet, no Green Paper on reforming adult social care; we all await that.

Furthermore, the Speech said that:

“My Government is committed to establishing the United Kingdom as a world leader in scientific capability”,


and that there will be,

“a more open visa system”,

to encourage and recruit talented individuals from overseas to support our science. We have no workforce strategy as such. We have repeated comments that we are recruiting more nurses or doctors, or that we have more places for medical students or nurses. But the challenge of the NHS and social care workforce is far too great to be dealt with by those policies. I do not criticise the Government; I just say that more needs to be done.

The report following the House of Lords inquiry, The Long-term Sustainability of the NHS and Adult Social Care, made the point that the greatest challenge the NHS faces for its sustainability is its workforce. We need to do more about it. Let me give a small example. I thought the Government would bring in legislation to regulate health professionals following their July report, Promoting Professionalism, Reforming Regulation, but that did not happen. The legislation that governs the UK’s medical regulation is not fit for purpose. Noble Lords might be shocked to hear me to say that, but it is true. It is the regulation that followed the Medical Act 1983. It does not allow the flexibility to easily put on the registers GPs and specialists, particularly fully trained senior people. It has no flexibility and legislation is needed to change that. The General Medical Council is very open to this and wishes it would be done, but it is not in the Queen’s Speech.

Making specialist and GP registration more flexible could make it more accessible to doctors to join both registers and would go some way to dealing with the workforce required. We are trying to recruit more doctors because we are short of psychiatrists—as we heard yesterday—geriatricians, radiologists and many others. There is an enormous shortage of nurses, too. Change here would be helpful, and I hope the Government will bring in legislation through another Bill; otherwise, I will be minded to put forward an amendment at some stage to do this.

I now come to the science side. Two-fifths of the UK’s academic workforce in science and technology are from overseas, and 50% of postgraduate researchers are overseas staff, so we need to make sure our visa system is more flexible.

Finally, I will have a lot to say about the Health Service Safety Investigations Bill when it comes to Second Reading. All I will say at this stage is that I wish we had not started it in this place.

National Health Service: Healthcare Advice

Lord Patel Excerpts

Tuesday 16th July 2019 Lords Chamber

Asked by

[Lord Patel]

To ask Her Majesty's Government what analysis they have conducted of the impact of the National Health Service introducing the use of devices such as Amazon’s Alexa for health care advice.

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Baroness Blackwood of North Oxford) (Con)]

My Lords, digital technology will play a key role in making the NHS sustainable. The Secretary of State’s technology vision sets the foundation for a new generation of digital services focused on user need, privacy and security, interoperability and inclusion. The collaboration with Amazon simply connects people to medical information and is already freely available through the NHS website. This service does not provide advice or any form of diagnosis. More modes to access medically verified NHS information can only give UK citizens a better understanding of different medical conditions. The agreement with Amazon is convenient for those who rely on voice-activated technology, in particular blind and visually impaired people.

[Lord Patel (CB)]

My Lords, I thank the Minister for her response and might I say it was a good defence? While I have absolute confidence that Matthew Gould—our previous ambassador to Israel who leads on the project—will get it right, voice-recognition technology has its problems. It must recognise the correct phrase, word and accent. It might be interesting to hear the answers that the Opposition Chief Whip were to get if he asked a question with his accent. I asked five questions at the weekend; all health-related. One I repeated twice and got two different pieces of advice: one was to call 999 and the other was to go to bed and rest.

I know that it is not a diagnostic technology, but it runs the risk of a diagnosis being made, so the key questions are what trials are being carried out, what data protection do we have against Amazon collecting vast amounts of data, and what is the risk of misdiagnosis?

[Baroness Blackwood of North Oxford]

The noble Lord makes very important points. It is important to understand that this is not a technology to offer advice or diagnosis. NHS Digital and NHSX have built an interface to connect the NHS website so that other organisations can make NHS information available on their own sites. That is so that a greater number of people can access NHS information. It has already been made available through a number of other examples such as NHS Go, which is designed to inform young people, accuRx and eConsult. No health data is collected by Amazon. No money is exchanged via this route and all data protection laws, such as GDPR and the NHS data protection rules, still apply. Data protection is still required to protect data through this system.

NHS Pensions: Taxation

Lord Patel Excerpts

Tuesday 9th July 2019 Lords Chamber

[Baroness Blackwood of North Oxford]

The noble Baroness is right that this is an important aspect of the recruitment and retention of GPs in particular, which is why we are bringing forward the consultation. As I said, we have been working closely with representative bodies, including the BMA and others. When we brought forward the five-year contract for general practice, announced in January, part of that was to provide greater certainty for GPs to plan ahead. Part of the work we have done is looking at other aspects that will ensure recruitment and retention. This includes, as we have discussed before, funding towards 20,000 extra staff working in practices, remaining committed to recruiting an extra 5,000 GPs and looking at targeted enhanced recruitment schemes, which include a £20,000 salary supplement to attract doctors into GP specialty training. The noble Baroness will understand that it takes a little time for these policy changes to be reflected in the data, but she can have no doubt that this is a policy area in respect of which the Government are absolutely determined.

[Lord Patel (CB)]

My Lords, there is currently a disparity in pension arrangements between clinical academics and NHS consultants. Can the Minister confirm that any discussions the Department of Health and the Treasury have will include the university sector? Otherwise, a disparity between pension arrangements will be created, which might affect the recruitment of clinical academics.

Academic Health Science Centres

Lord Patel Excerpts

Tuesday 2nd July 2019 Grand Committee

[Lord Patel (CB)]

My Lords, I, too, thank the noble Lord, Lord Butler, for this debate. I am thankful to follow the presentation of the noble Lord, Lord Darzi; after all, he was the one who started the whole concept of the AAC. I am glad that the noble Lord, Lord Prior of Brampton, will follow me because he might be interested in what I have to say.

Hitherto we have all been supportive of the idea and the successes of the academic health science centres, so let me take a slightly radical view. If we are serious about how good our academic health centres are, we should look at models that really deliver the change. The noble Lord, Lord Darzi, mentioned teaching, research, innovation and clinical application, the key themes of the successful, leading research-based academic health centres in the United States. Are we saying that we have been serious in adopting this in our clinical practice, taking scientific inquiry into clinical application? Yes, of course we have started and have been successful.

In the United States, however, policy-making in healthcare involves a pluralistic approach. In our case it is the department of health that decides on the policy. If academic health science centres are to be successful, they need to be part of that policy-making. That has implications for us to be more pluralistic and for the academic health centres to be involved. For instance, if we agree that this is a good idea, the recognition of the distinctive nature and contribution of academic health science centres might greatly facilitate the development and implementation of policy in a number of areas. These include addressing the current crisis in clinical academic careers in the United Kingdom, growing and modernising the NHS workforce and meeting concerns over clinical governance.

There are, however, additional questions of interest to society that cannot be adequately framed in the absence of an academic health science centre concept. For example, what is the role of AHSCs in supporting government objectives for UK success in a knowledge-based economy—the so-called strategy for life sciences that we are now developing—in improving the impact of research, and in technology transfer? How can AHSCs leverage their academic resources to contribute to improved quality in the NHS? What is the social and economic contribution of AHSCs to local communities? Can AHSCs provide leadership in the development of new models of partnership working and the development of clinical networks? Even to pose these questions it may be necessary to develop a model that is unique to Britain.

Academic health science centres have hitherto been extremely successful. They need to be supported even more and included more in developing our policies.

Hospitals: Listeria

Lord Patel Excerpts

Monday 17th June 2019 Lords Chamber

[Baroness Blackwood of North Oxford]

I am sure that the noble Baroness would like to hear exactly how effectively Public Health England and others responded in this case. Obviously, these cases should not have occurred in the first place, but the first case occurred on 26 April. There were two cases in one hospital. The second case in a different hospital did not occur until 16 May. It took one week for Public Health England to ascertain that this was a national issue and that the cases were indeed linked. Thereafter, products were withdrawn. Very swift action was taken by Public Health England and the Food Standards Authority and a clear and concerted investigation is now under way. It will be made clear that this sort of thing cannot happen again and that there will be severe consequences for any companies that do not take careful consideration of the consequences if they do.

[Lord Patel (CB)]

My Lords, several important points come out of this tragic incident of five people dying from listeria infections. The first is how quickly we can get a diagnosis of listeria in the food products that are contaminated. Older tests take several days but there are other tests, so I ask the Minister whether rapid diagnosis tests are available. Secondly, if people are infected with listeria monocytogenes it is quite dangerous, so the death of the people concerned may be related to that infection. It is important that the food in the supply chain is tested. Some countries adopt a regulation that requires regular testing of food in the environment where food such as sandwiches is packaged. In the review that will be conducted, will we look at the possibility of such regulation?

[Baroness Blackwood of North Oxford]

I thank the noble Lord, Lord Patel. He is absolutely right that one reason why such fast action was able to be taken was that it was possible to confirm by whole genome sequencing that cases at Manchester and Liverpool were linked by an identical strain in a week. Previously, that would have taken an awful lot longer, so we can be pleased that action was taken much quicker.

In terms of lessons learned, the noble Lord is right that we need to look at how to ensure that local authorities undertake inspections and audits of sites that are approved and that we also collect samples every six months and take action on any results of concern. We must make sure that the NHS follows food safety advice from Public Health England and the Food Standards Authority. Public Health England has confirmed that serving sandwiches in hospitals—I apologise. I am going to faint.

Unpaid Carers: Support

Lord Patel Excerpts

Thursday 13th June 2019 Lords Chamber

[Baroness Blackwood of North Oxford]

I thank my noble friend for this important question. The Carers Action Plan was a real step in the right direction. It has 64 action points and good progress has been made. There will be a progress report in July. Some key steps in it are promoting best practice for local authorities, clinical commissioning groups and other providers in order to give carers much-needed breaks and respite care, which can be the difference between coping and not coping; and providing carer-confident benchmarks for employers who can identify carers within their systems and give them the support they need. Of course, there is also the work I have already mentioned: the £5 million carers innovation fund to find more creative and innovative ways to support carers, who are so crucial to our health and care system.

[Lord Patel (CB)]

My Lords, does the Minister agree that any future proposals for the funding of social care need to be sustainable? Any proposal that requires the burden to fall on those who need social care or their families will not be sustainable and will therefore require contributions from wider society.

[Baroness Blackwood of North Oxford]

I completely agree with the noble Lord, Lord Patel, who is absolutely right that we must ensure that we sustainably fund social care. The Government have provided £3.9 billion more in dedicated social care funding, but we recognise that there is a need for a sustainable financial footing for social care as a whole, which is what we are working towards with the spending review. Nevertheless, carers will continue to play an important part in our healthcare system, as they do within our society. Many people consider that they are making a rewarding and important contribution within their family and community, and we must be grateful to them for that.

Tobacco Harm Reduction

Lord Patel Excerpts

Tuesday 2nd April 2019 Lords Chamber

[Baroness Blackwood of North Oxford]

Smoking remains the biggest cause of death in this country. Strict rules are in place to prevent tobacco companies promoting their products, including through sponsorship. We take the unlawful promotion of tobacco products extremely seriously and expect any organisation found to be flouting the rules to be investigated.

[Lord Patel (CB)]

My Lords, although snus contains both nicotine and tobacco—that is why the Swedes use it—the lung cancer rate in Sweden has reduced, whether that is to do with the use of snus or other reasons. That is the main thing that we should be talking about. What strategies do we have to reduce our lung cancer deaths, which run at about 35,000 a year? Tobacco is a key cause—80% of them are related to tobacco. Does the Minister agree that we should think about a strategy for harm reduction, whether it is snus, e-cigarettes or any other product?

[Baroness Blackwood of North Oxford]

I thank the noble Lord, who has expertise in this area, for his intervention. He is absolutely right that we need to target a reduction in lung cancer rates. Cancer Research UK states that smoking tobacco is the biggest cause of lung cancer in the UK, with seven out of 10 lung cancers caused by smoking. The NHS Long Term Plan has a very heavy emphasis on prevention, including smoking cessation services. One of the first interventions from that plan to be rolled out is the innovative targeted lung health check, which will provide an easy-access gateway to lung health and smoking cessation services. I hope that he is reassured by that answer.

Healthcare (International Arrangements) Bill

Lord Patel Excerpts

Report stage (Hansard): House of Lords
Tuesday 12th March 2019 Lords Chamber

[Lord Clement-Jones]

My Lords, the noble Lord used the expression, “giving force”. If those principles are given force, it means that the Government treat themselves and put on the record that they are bound by those principles. That is what giving force would mean in those circumstances, because these are novel circumstances set out in the Bill. That kind of reassurance is needed with the data ethics framework.

[Lord Patel (CB)]

My Lords, I had amendments that the Minister responded to at the Dispatch Box and I accepted her explanation at the time. Now I take the point that the noble Lord, Lord Clement-Jones, is trying to raise, that those principles that she enunciated about data protection included the Caldicott principles. As that reassurance was given at the Dispatch Box, I think it will cover the issue.

[Baroness Thornton]

My Lords, I added my name to the amendment in the name of the noble Lord, Lord Clement-Jones, and I am grateful that he has made the argument so I do not need to repeat it. Of course, I spoke about this in Committee and, like other noble Lords, I was reassured at the time by the explanation given by the noble Baroness, Lady Manzoor. Since then, however, the Bill team has actually made available the Bill data processing factsheet, which is very useful. It explains things in great detail, so I wondered whether it might be a good idea if this was given to everybody involved with this Bill. I do not know whether the noble Lord has seen this, but it is a very useful piece of information. Otherwise, I was satisfied in Committee, and if the Minister answers the questions, I am sure that I will remain satisfied.

Healthcare (International Arrangements) Bill

Lord Patel Excerpts

Committee: 2nd sitting (Hansard): House of Lords
Thursday 21st February 2019 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, it is perhaps worth mentioning Amendment 28 in the name of the noble Lord, Lord Patel, which was covered by the noble Lord, Lord Marks of Henley-on-Thames, because he directs our attention to a quite extraordinary provision. On page 3 of the Bill at line 40, we are asked to approve Clause 5(3), which allows regulations to be made amending, repealing or revoking,

“primary legislation … for the purpose of conferring functions on the Secretary of State or on any other person”.

That is extraordinarily wide. I can understand conferring powers on the Secretary of State but why “on any other person”, given that the subsection then adds “(including conferring a discretion)”? That really is the most extraordinarily broad provision, which should be looked at very carefully.

[Lord Patel (CB)]

I thank my Convenor, the noble and learned Lord, Lord Hope, for bringing attention to my amendment. I will be briefer than brief because the noble Lord, Lord Marks of Henley-on-Thames, not only introduced my amendment but spoke to it. My purpose in tabling Amendment 28 was to bring attention to exactly what the noble Lord and the noble and learned Lord have just said: it is an extraordinary power to take. I fear that it is this kind of power that led the Constitution Committee to suggest that the only way for Parliament to scrutinise the Bill subsequently might be to introduce such a draconian provision as a sunset clause; I say draconian because I am worried that it may have other implications. As I said on Monday, I worry that that will affect what the agreements in the future might do, particularly with the EU. But we will no doubt have another opportunity to discuss that.

[Lord Lansley]

For completeness, in relation to Amendment 28, which would remove subsection (3), it should be recognised that the power to which the noble and learned Lord, Lord Hope, referred is for the purpose of giving effect to a healthcare agreement. It is not for any other purpose, so if it was not in pursuance of a healthcare agreement the power would not be available. Albeit that healthcare agreements may in themselves be relatively wide-ranging, the power can be used only for that purpose.

[Lord Patel]

My Lords, I am not too sure about that because the Delegated Powers and Regulatory Reform Committee said in its report:

“The Minister does not give any indication of what primary legislation might in future need to be amended”.

Human Fertilisation and Embryology: Frozen Eggs Storage

Lord Patel Excerpts

Wednesday 20th February 2019 Lords Chamber

[Baroness Blackwood of North Oxford]

The noble Baroness is absolutely right that it is important that we continue to support the Bill. I was trying to clarify that I did not think it appropriate to bring forward a change of this nature under regulations. If we were to introduce a change that had a broad effect, it would be appropriate to do so in primary legislation with appropriate parliamentary scrutiny, consultation and clinical support.

[Lord Patel (CB)]

My Lords, if I may, in the absence of the noble Lord, Lord Winston, I will take his perch—as long as nobody tells him that. The question of the science has been referred to. As far as we know, 26 years is the longest that an embryo that was subsequently born managed to survive. However, nobody really knows—we know only of the ones that have been reported. As for how long an embryo might survive, a study that measured the cumulative index of background radiation in mice suggested that when the mice embryos were subjected to increasing levels of cumulative radiation, they survived up to the equivalent of 2,000 years. Therefore, a 10-year limit has no scientific basis. Does the Minister agree?

[Baroness Blackwood of North Oxford]

I would never argue with the noble Lord, Lord Patel, on any scientific matter. My information is that there was no scientific or biological basis for the 10-year limit. It was based on debate and discussion of societal, ethical and cultural considerations, and on the concern that without a maximum limit, there would be questions about storage banks. Vitrification techniques are far more effective now than the slow-freezing techniques, so it is appropriate that these scientific questions are taken into account as this remains under review in the department.