Health Bill (HL). Lords Committee stage sixth day. clauses 23 to 31 agreed to, with clauses 26 and 29 agreed to as amended. Schedule 4 agreed to. Schedule 5 agreed to as amended. Grand Committee held in the Moses Room.
Health Bill [HL]
About these Parliamentary proceedings
Reference
708 c439-98GC Session
2008-09Legislative stage
Committee stageChamber / Committee
House of Lords Grand CommitteeRelated items
Health Bill (HL). Explanatory Notes HL Bill 18-EN also published. (Lords Minutes).
Thursday, 15 January 2009
Bills
House of Lords
Thursday, 15 January 2009
Bills
House of Lords
Show all related items (5)
Proceeding contributions
Baroness Golding | 708 c444-5GC (Link to this contribution)
I am not going to give way for the moment. Do we want nothing on the packages? Then why have the Gov...
Lord Campbell-Savours | 708 c446GC (Link to this contribution)
Can we establish that the clause does not say "have to", but "may", following consultation?
Show all contributions (154)
Lord Borrie | 708 c445-6GC (Link to this contribution)
I, too, oppose the amendment. It is a formidable amendment with a formidable array of sponsors, only...
Lord Walton of Detchant | 708 c451GC (Link to this contribution)
In the light of the well informed comments from the noble Lords, Lord Borrie and Lord Naseby, would ...
Lord Walton of Detchant | 708 c452GC (Link to this contribution)
I am afraid that it is not.
Baroness Thornton | 708 c456-7GC (Link to this contribution)
This amendment would provide powers to introduce a wholly new approach to the sale of tobacco in thi...
Lord Naseby | 708 c452GC (Link to this contribution)
The noble Lord made an intervention on my good self. The noble Lord quite rightly says that he is no...
Baroness Northover | 708 c457-9GC (Link to this contribution)
I shall speak to Amendments 107 and 107B, which are in my name and those of other noble Lords. Amend...
Baroness Thornton | 708 c483-4GC (Link to this contribution)
I shall speak also to Amendments 114B and 115A to 115E. Clause 26 adds a new section after Section 1...
Earl Howe | 708 c487GC (Link to this contribution)
The noble Baroness, Lady Finlay, has made a good point in sounding a warning that patients might, as...
Earl Howe | 708 c498GC (Link to this contribution)
I can tell that the Minister just wants to be different —and why not? I note in passing that whereas...
Baroness Thornton | 708 c498GC (Link to this contribution)
We intend to adjourn after this.
Earl Howe | 708 c491GC (Link to this contribution)
Schedule 5: Investigation of complaints about privately arranged or funded adult social care
Amendm...
Baroness Barker | 708 c492-3GC (Link to this contribution)
Amendments 118 and 119 are grouped with that of the noble Earl, Lord Howe. Before I speak to them, I...
Earl Howe | 708 c491-2GC (Link to this contribution)
I shall speak also to Amendments 117 and 120. These are probing amendments, which I can cover quite ...
Baroness Thornton | 708 c493-6GC (Link to this contribution)
I will address Amendments 116, 117 and 120 tabled by the noble Earl, Lord Howe, and Amendments 118 a...
Baroness Anelay of St Johns | 708 c497-8GC (Link to this contribution)
Before my noble friend speaks to his amendments, the expectation is that this may be the last group ...
Lord Patel | 708 c457GC (Link to this contribution)
I thank the Minister for her response. The amendment is intended to help retailers, not make their l...
Lord Faulkner of Worcester | 708 c456GC (Link to this contribution)
I do not agree with the noble Lord at all. One of the effects of having a positive licensing system ...
Lord Faulkner of Worcester | 708 c455GC (Link to this contribution)
I certainly agree that it is Parliament’s duty to protect people’s individual rights, but Parliament...
Lord Campbell-Savours | 708 c455GC (Link to this contribution)
Yes, selling alcohol. My main point is that a single-coloured pack and a licensing system would cut ...
Lord Faulkner of Worcester | 708 c455GC (Link to this contribution)
Selling alcohol.
Lord Campbell-Savours | 708 c455GC (Link to this contribution)
My adviser has corrected my statement, which was wrong. But I am sure that there is something for wh...
Lord Campbell-Savours | 708 c454GC (Link to this contribution)
I shall when I have finished the sentence. A single-coloured pack for all tobacco manufacturers with...
Lord Stoddart of Swindon | 708 c463-4GC (Link to this contribution)
It would be most difficult for me to put anything delicately. I think that it has been frightened an...
Lord Stoddart of Swindon | 708 c464GC (Link to this contribution)
I am glad to get that "Hear, hear" from the noble Lord, Lord Palmer, because he moved an amendment t...
Lord Stoddart of Swindon | 708 c464GC (Link to this contribution)
The noble Lord has not got the point that I am trying to make, which is that the tobacco industry ha...
Lord Stoddart of Swindon | 708 c464-5GC (Link to this contribution)
I thank the noble Lord very much. I am glad to have been corrected on that point, but perhaps we sho...
Lord Campbell-Savours | 708 c461GC (Link to this contribution)
At the same time, they usually had a function going on somewhere in the Palace of Westminster to hel...
Lord Naseby | 708 c462GC (Link to this contribution)
I address the Committee because I have yet to hear in all our deliberations any evidence that any of...
Baroness Golding | 708 c462GC (Link to this contribution)
The Tobacco Advertising and Promotion Act 2002 prohibits virtually all tobacco advertising, promotio...
Baroness Thornton | 708 c462GC (Link to this contribution)
The rules are quite clear. The Companion states: ""Exhibits should not be taken into the Chamber or ...
Baroness Golding | 708 c462-3GC (Link to this contribution)
I thank the noble Baroness for that. I was not aware of that rule. Naturally, it would help people t...
Baroness Howarth of Breckland | 708 c472GC (Link to this contribution)
That is a question of opinion. I am likely to sit in my doctor’s waiting room and read the various p...
Lord Walton of Detchant | 708 c473GC (Link to this contribution)
I want to raise one point. I cannot help feeling that the noble Baroness’s experience is in some way...
Baroness Northover | 708 c467GC (Link to this contribution)
He is obviously entitled to put Questions. I welcome the fact that the Government spend £185,000 sup...
Lord Walton of Detchant | 708 c478GC (Link to this contribution)
Briefly, I support the amendment and the one that follows. It is crucially important that this kind ...
Earl Howe | 708 c476-7GC (Link to this contribution)
I shall speak also to Amendment 113. For a number of years, as my noble friend Lady Cumberlege menti...
Lord Faulkner of Worcester | 708 c475GC (Link to this contribution)
I am sure that my noble friend Lady Gibson of Market Rasen will be delighted with the short debate t...
Baroness Thornton | 708 c475GC (Link to this contribution)
I say in response to the question raised by the noble Earl that I was including out-of-hours service...
Baroness Thornton | 708 c481-2GC (Link to this contribution)
The noble Earl, Lord Howe, seeks to amend the clause so that PCTs cannot assess pharmacists’ profess...
Baroness Cumberlege | 708 c487GC (Link to this contribution)
I support what has been said by noble Lords. I think that the points made by the noble Lord, Lord Ca...
Baroness Thornton | 708 c487-8GC (Link to this contribution)
I sympathise with the intention behind the amendment, as has every Member of the Committee who has s...
Baroness Barker | 708 c485-6GC (Link to this contribution)
I have been in this House for almost 10 years. One thing that I learnt fairly early on is that the n...
Lord Palmer | 708 c484-5GC (Link to this contribution)
Many Members of the Committee may be aware that I tried to introduce a similar amendment in the prev...
Lord Monson | 708 c489-90GC (Link to this contribution)
The Minister said that my noble friend’s amendment would do very little to curb wastage. Would it no...
Baroness Thornton | 708 c490GC (Link to this contribution)
Clause 29: Breach of terms of arrangements: notices and penalties
Amendment 115A
115A: Clause 29, ...
Lord Palmer | 708 c490GC (Link to this contribution)
I am grateful once again for the support that I have had from all sides of the Committee. Greater tr...
Lord Stoddart of Swindon | 708 c450GC (Link to this contribution)
The main arguments against the new clause have already been made by the noble Lords, Lord Borrie and...
Baroness Howarth of Breckland | 708 c451GC (Link to this contribution)
I made no comment on alcohol. I have been rather careful—
Baroness Golding | 708 c449GC (Link to this contribution)
The evidence is there.
Lord Stoddart of Swindon | 708 c451GC (Link to this contribution)
I do not think I referred to the noble Baroness, Lady Howarth.
I find it absurd, frankly, that a pe...
Baroness Thornton | 708 c451-2GC (Link to this contribution)
It might be helpful if I said what the Government’s position was on this. Amendment 105 would enable...
Lord Colwyn | 708 c439GC (Link to this contribution)
There may be Divisions in the Chamber while we are sitting. If that is so, the Committee will adjour...
Lord Walton of Detchant | 708 c442-3GC (Link to this contribution)
I have added my name to the amendment, to which I give my strong support, because packaging is the m...
Baroness Golding | 708 c444GC (Link to this contribution)
Far from thinking that this is a cracking amendment, I think it is crackers. Where have noble Lords ...
Lord Campbell-Savours | 708 c443-4GC (Link to this contribution)
I think this is a cracking amendment. I hope that those who tabled it will move it on the Floor of t...
Baroness McIntosh of Hudnall | 708 c498GC (Link to this contribution)
The Committee stands adjourned until next Tuesday, 17 March, at 3.30 pm.
Baroness Thornton | 708 c498GC (Link to this contribution)
This is a convenient point for the Committee to adjourn. I understand that we will reconvene on Tues...
Lord Stoddart of Swindon | 708 c456GC (Link to this contribution)
The noble Lord talks about the illegal selling of tobacco, but I assure him that most of the tobacco...
Lord Naseby | 708 c454GC (Link to this contribution)
The noble Lord should know by now that you do not need a dog licence in England.
Lord Patel | 708 c453GC (Link to this contribution)
Amendment 106
106: After Clause 22, insert the following new Clause—
"Licensing of tobacco retailin...
Lord Naseby | 708 c454GC (Link to this contribution)
Will the noble Lord give way?
Lord Patel | 708 c452GC (Link to this contribution)
Can I continue?
Lord Patel | 708 c452GC (Link to this contribution)
I make it clear to the noble Lord, Lord Naseby, that I did not table the amendment for the mere purp...
Baroness Northover | 708 c459-60GC (Link to this contribution)
I shall backtrack slightly. I was talking about Amendment 107B and reminding noble Lords, who are no...
Lord Faulkner of Worcester | 708 c460-1GC (Link to this contribution)
I congratulate the noble Baroness, Lady Northover, on introducing these clauses. I put my name to on...
Lord Faulkner of Worcester | 708 c461-2GC (Link to this contribution)
My noble friend is absolutely right. If they were not able to get along to the function in the Palac...
Lord Stoddart of Swindon | 708 c463GC (Link to this contribution)
The Committee will not get away without hearing me on this subject. I apologise, first, to the noble...
Baroness Masham of Ilton | 708 c469GC (Link to this contribution)
I, too, support the amendment. I live in rural North Yorkshire when I am not in London, and the diff...
Lord Faulkner of Worcester | 708 c468-9GC (Link to this contribution)
With the leave of the Committee and at the request of my noble friend, I am very happy to move this ...
Baroness Gibson of Market Rasen | 708 c468GC (Link to this contribution)
Clause 23: Pharmaceutical needs assessments
Amendment 111ZA
111ZA: Clause 23, page 27, line 10, at...
Baroness Gibson of Market Rasen | 708 c468GC (Link to this contribution)
I have to be on the Woolsack at 6 pm, so my good and noble friend Lord Faulkner of Worcester will sp...
Baroness Cumberlege | 708 c472-3GC (Link to this contribution)
The noble Baroness is absolutely right to some extent, but this is anecdotal evidence. One talks to ...
Baroness Cumberlege | 708 c473GC (Link to this contribution)
I am delighted to hear what the noble Lord has said, but it is not the norm for a qualified pharmaci...
Baroness Northover | 708 c467GC (Link to this contribution)
I thank the Minister for her positive response. We will look at this further, and I look forward to ...
Lord Stoddart of Swindon | 708 c467GC (Link to this contribution)
They were good Questions.
Lord Stoddart of Swindon | 708 c465GC (Link to this contribution)
I am not pulling anyone’s leg; I am simply ensuring that the point of view of the tobacco industry a...
Baroness Northover | 708 c467GC (Link to this contribution)
I welcome that clarification. Even if they were campaigning, I think that that would be perfectly ju...
Earl Howe | 708 c478GC (Link to this contribution)
No, I did not mention it because it is coming up in the next amendment.
Baroness Tonge | 708 c477-8GC (Link to this contribution)
I am a fan of pharmacists and pharmacies. There is no question in my mind that they are the first po...
Earl Howe | 708 c476GC (Link to this contribution)
Amendment 111A
111A: Clause 23, page 27, line 16, at end insert—
"( ) requiring the Secretary of St...
Earl Howe | 708 c482-3GC (Link to this contribution)
That was a helpful reply from the Minister. It told me, if I understood her correctly, that a modus ...
Baroness Thornton | 708 c483GC (Link to this contribution)
Clause 26: Breach of terms of arrangements: notices and penalties
Amendment 114A
114A: Clause 26, ...
Baroness Thornton | 708 c484GC (Link to this contribution)
Amendment 114B
114B: Clause 26, page 29, line 21, at end insert—
""practitioner" means a person inc...
Baroness Masham of Ilton | 708 c481GC (Link to this contribution)
When it is decided by a PCT or whoever decides about pharmacists, will the miles be taken into consi...
Earl Howe | 708 c480-1GC (Link to this contribution)
We come to an issue presciently raised by the noble Baroness, Lady Tonge. The amendment is designed ...
Baroness Thornton | 708 c480GC (Link to this contribution)
The note refers to the framework. We agree that the need for consistent and comprehensive assessment...
Earl Howe | 708 c480GC (Link to this contribution)
Clause 24: New arrangements for entry to pharmaceutical list
Amendment 114
114: Clause 24, page 28...
Lord Walton of Detchant | 708 c487GC (Link to this contribution)
This is an interesting amendment and important in principle. The only difficulties that I foresee ar...
Lord Palmer | 708 c488GC (Link to this contribution)
Elderly patients would not pay prescription charges at all, would they?
Lord Campbell-Savours | 708 c486GC (Link to this contribution)
We are really out of knockabout territory on this issue. In my view, this is a very serious amendmen...
Baroness Finlay of Llandaff | 708 c486-7GC (Link to this contribution)
The spirit of the amendment is important, but there is a danger here that patients might be made to ...
Baroness Thornton | 708 c490GC (Link to this contribution)
Those are very good suggestions, all of which involve patient education and the prescribers of the m...
Lord Naseby | 708 c448GC (Link to this contribution)
The noble Lord is right: TRIPS has that within its ambit. However, he needs to look very carefully a...
Lord Walton of Detchant | 708 c446GC (Link to this contribution)
There is nothing in the amendment that makes it illegal to display the trademarks; it simply allows ...
Lord Naseby | 708 c446GC (Link to this contribution)
I would like to follow the noble Lord, Lord Borrie, because I have done a little delving on the lega...
Baroness Tonge | 708 c449GC (Link to this contribution)
I intervene briefly to support my colleagues, who clearly worked with, and had a lot to do with, chi...
Baroness Thornton | 708 c450GC (Link to this contribution)
The noble Lord may find my comments useful.
Lord Stoddart of Swindon | 708 c451GC (Link to this contribution)
Perhaps I have got—
Baroness Tonge | 708 c449-50GC (Link to this contribution)
From my own experience and my experience of young people, there is no question in my mind that unatt...
Baroness Howarth of Breckland | 708 c451GC (Link to this contribution)
I would like just to answer the noble Lord. I said nothing about alcohol whatsoever. This debate is ...
Lord Patel | 708 c452GC (Link to this contribution)
I thank the Minister for that response. I am slightly disappointed, because I had thought that we al...
Lord Naseby | 708 c452GC (Link to this contribution)
It is no good saying no; that is a fact.
Lord Patel | 708 c439-40GC (Link to this contribution)
Amendment 105
105: After Clause 22, insert the following new Clause—
"Plain packaging
(1) The Secre...
Earl Howe | 708 c496GC (Link to this contribution)
I am grateful to the Minister for her reply. I am pretty satisfied with her reply on Amendment 120, ...
Earl Howe | 708 c496-7GC (Link to this contribution)
That was an extraordinarily helpful intervention by the noble Baroness. I certainly take her point b...
Baroness Barker | 708 c496GC (Link to this contribution)
Perhaps I may seek clarity. My understanding of what the noble Baroness said is that in practice the...
Baroness Thornton | 708 c497GC (Link to this contribution)
I shall also address Amendments 121 and 122 tabled by the noble Earl, Lord Howe. Although I am not s...
Baroness Thornton | 708 c497GC (Link to this contribution)
Amendment 120A
120A: Schedule 5, page 64, line 37, leave out "means"
Baroness Northover | 708 c457GC (Link to this contribution)
Amendment 107
107: After Clause 22, insert the following new Clause—
"Reporting of promotional acti...
Lord Stoddart of Swindon | 708 c455GC (Link to this contribution)
I thought I had better just say a few words. When I ran a grocery shop, I actually had a tobacco lic...
Lord Patel | 708 c453-4GC (Link to this contribution)
It is my pleasure to move the amendment on behalf of the noble Baroness, Lady O’Cathain, who unfortu...
Lord Campbell-Savours | 708 c454GC (Link to this contribution)
I shall be very brief. If a dog owner needs a licence, I cannot see why a retail tobacconist should ...
Lord Walton of Detchant | 708 c452GC (Link to this contribution)
I am no expert in the law, but all that the amendment would do would be to give authority to the Gov...
Lord Walton of Detchant | 708 c464GC (Link to this contribution)
Would the noble Lord accept one point? He asked why the industry should not be able to promote the s...
Lord Palmer | 708 c464GC (Link to this contribution)
If I may correct the noble Lord, Lord Stoddart of Swindon, it was to ban the sale of all tobacco pro...
Lord Stoddart of Swindon | 708 c465GC (Link to this contribution)
I am not going to argue with the noble Lord. I have the figures here but I do not want to take up to...
Baroness Cumberlege | 708 c470-2GC (Link to this contribution)
When I was a Minister in the department, it was drummed into me that doctors prescribe and pharmacis...
Earl Howe | 708 c469-70GC (Link to this contribution)
The noble Lord, Lord Faulkner, has very capably outlined some of the concerns which I am aware are c...
Lord Walton of Detchant | 708 c469GC (Link to this contribution)
I support the amendment. I live in Belford in Northumberland, which is in the centre of a rural area...
Lord Monson | 708 c465GC (Link to this contribution)
The noble Lord, Lord Stoddart, has rightly reminded us that tobacco does not kill everyone, which is...
Baroness Thornton | 708 c466GC (Link to this contribution)
My thunder was stolen in that I wished to close this section of the Committee’s deliberations on tob...
Lord Campbell-Savours | 708 c465GC (Link to this contribution)
The noble Lord is pulling everybody’s leg.
Baroness Howarth of Breckland | 708 c465GC (Link to this contribution)
If the noble Lord will join me in trying to stop the promotion of tobacco, I will join him in trying...
Lord Stoddart of Swindon | 708 c465GC (Link to this contribution)
I shall have to think about that. The noble Baroness may be interested to know that I prepared a Bil...
Lord Faulkner of Worcester | 708 c467GC (Link to this contribution)
Perhaps I can help the noble Baroness. It would be in the interests of the Committee to know that th...
Baroness Thornton | 708 c478-9GC (Link to this contribution)
The noble Earl, Lord Howe, seeks to amend this clause by requiring piloting and evaluation of pharma...
Baroness Tonge | 708 c478GC (Link to this contribution)
Is it? Sorry.
Baroness Masham of Ilton | 708 c475GC (Link to this contribution)
The Minister did not mention the out-of-hours services. Those in rural areas are really very difficu...
Baroness Thornton | 708 c473-5GC (Link to this contribution)
The amendment of my noble friend Lady Gibson, spoken to by my noble friend Lord Faulkner, would amen...
Earl Howe | 708 c479-80GC (Link to this contribution)
I am grateful to the noble Baroness, Lady Tonge, in particular for her support on this amendment and...
Earl Howe | 708 c480GC (Link to this contribution)
It does help a little, and I look forward to reading the draft regulations when they are published. ...
Baroness Thornton | 708 c488-9GC (Link to this contribution)
I am referring to the cost of the medicine and the effect of putting pricing information on medicine...
Lord Palmer | 708 c484GC (Link to this contribution)
Amendment 115
115: After Clause 27, insert the following new Clause—
"Prescriptions: labelling show...
Baroness Thornton | 708 c490-1GC (Link to this contribution)
Amendments 115B to 115E
115B: Clause 29, page 30, line 30, leave out "or" and insert "services or g...
Lord Rea | 708 c448GC (Link to this contribution)
I think that quite a good case could be made out to classify cigarettes as pariah groups. I take the...
Lord Patel | 708 c448GC (Link to this contribution)
The noble Lord, Lord Naseby, and the noble Lord, Lord Borrie, question whether my amendment infringe...
Lord Naseby | 708 c446-7GC (Link to this contribution)
I suspect that the interpretation of the European Court of Human Rights would be exactly the same as...
Lord Naseby | 708 c446GC (Link to this contribution)
My experience of "may" in some 40 years in Parliament is that it always results in "shall". I assume...
Baroness Howarth of Breckland | 708 c448-9GC (Link to this contribution)
We could avoid all this rather complex and convoluted, but very real, argument about European regula...
Lord Naseby | 708 c452GC (Link to this contribution)
The only passion the noble Lord raises in me is my belief that he and those who support him tend to ...
Lord Naseby | 708 c452GC (Link to this contribution)
I would like to finish my sentence. In that context, I remind the noble Lord that we should be caref...
Baroness Golding | 708 c444GC (Link to this contribution)
They are colourful, as the noble Lord opposite said. Where is the colour? It has been put on by the ...
Lord Patel | 708 c440-2GC (Link to this contribution)
My amendment relates to the plain packaging of tobacco products and deals with whether packaging is ...
Earl of Listowel | 708 c443GC (Link to this contribution)
I strongly support the amendment. I do so partly because of what my noble friend Lady Howarth said a...
Lord Stoddart of Swindon | 708 c444GC (Link to this contribution)
It is all right.
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