I will speak briefly in support of Amendment 227BD, which is in the name of the noble Lord, Lord Warner, and others, including myself. I add my thanks to the Faculty of Public Health for its support with this amendment. We are all approaching a major crossroads in our political life. Much may well change. Since we joined the EU there has been a huge improvement in our public health. I think that the general public would expect that this rate of change should not be jeopardised.
Some members of the Committee might think that this amendment should be part of a health and social care Bill, but many in this Committee will remember the 2011 Health and Social Care Bill and certainly not wish to revisit it. The EU (Withdrawal) Bill is where our constitutional stability and certainty will be secured within the UK legal system, so this is where the amendment should sit. Thus, in the current circumstances,
this is the appropriate Bill. The British constitution does not exist, as do others, with a single set of principles. If it did, this amendment would be part of it. But it should be enshrined in this Bill, which will be part of the patchwork which forms our constitution.
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This amendment is about public health: protecting and improving the nation’s health and well-being, reducing health inequalities, protecting the public from hazards and dealing with emergencies—I am sure that public health officials in Salisbury will have been hugely busy during the past few weeks. Locally, this may involve delivering smoking cessation services, help with changing diet and lifestyle, advising on suitable housing options for an area and improving air and water quality.
The Committee has already discussed several health-connected amendments. Today, we have had the amendment in the name of the noble Lord, Lord Empey, on the EU’s medical devices regulation—here, I declare an interest: I must be one of few noble Lords who does not have any medical device to help me yet; there will be time for that. There have been amendments on clinical trials, on regulations surrounding pharmaceuticals and over-the-counter medicines, on the future of health services for EU citizens living in the UK and for UK citizens living in the EU, as well as on the EHIC and Euratom. There should be few noble Lords who think that health should not have a part in the Brexit negotiations. On these Benches, there is regret that the Secretary of State for Health and Social Care is not a member of the Cabinet committee for EU exit and trade.
This amendment should unite the whole House; it is a Brexit-neutral amendment. It draws on Article 168 of the Lisbon treaty. For those who cannot call it to mind, I shall quote it:
“A high level of … health protection shall be ensured in the definition and implementation of all … policies and activities”.
This should give remainers a rosy glow. Those who are Brexiteers will be grateful that the amendment puts a marker down: British law for British people.
One could say that a state’s first duty is the defence of its people and its borders. Surely few would disagree that the second is the improvement and maintenance of the health of its population. That is just what this amendment explicitly calls for and should secure.