Health Bill [HL]

My Lords, I also acknowledge the moving speeches made by my noble friend Lord Morris and the noble Baroness, Lady Campbell. Amendment 4 is a device to allow this important matter to be debated early in proceedings. I am grateful to the opposition parties for their help and support in facilitating this. As we heard, Amendment 40, tabled by my noble friend Lord Morris, is based on a recommendation by my noble and learned friend Lord Archer in his report published on 23 February. The report considered the supply of virus-contaminated blood and blood products and its devastating effect on the haemophilia community in particular from the early 1970s onwards until tests became available for Hepatitis C and HIV. We welcome my noble and learned friend’s report and warmly thank him and my noble friends Lord Morris and Lord Corbett for the efforts they are making on behalf of the haemophilia patients and their families. There is no doubt, as the noble Baroness, Lady Tonge, pointed out, that this group of patients has suffered tragic consequences as the result of the serious infections that were inadvertently transmitted via this treatment. I agree that it is important to ensure that these patients and their families are properly supported and to act to reduce as far as practically possible any further risk to all patients who need blood and blood products. There have been major advances in safer treatments for haemophilia. We have committed to making available synthetic products not derived from human blood for all those patients for whom they are suitable. Haemophilia patients together with their clinicians and service commissioners already have influence in the selection, procurement and delivery of those products. This will continue. We entirely agree with the arguments in my noble and learned friend’s report that it is vital for patients to be represented where decisions about good practice in healthcare provision are being made. This was the centrepiece of our strategy for embedding quality in the NHS and it certainly ran through my report, High Quality Care for All. Together with effectiveness and safety, patient experience is a guiding principle for high-quality healthcare. We agree that it is vital to have strong mechanisms in place to provide independent expert advice on blood safety, and to recommend improvements. We have an established mechanism to do this through the expert scientific Advisory Committee on the Safety of Blood, Tissues and Organs, which advises the UK Administrations. The committee has patient representation and is developing effective means of communicating its advice for stakeholders and the public. Our view is that it is better to build on existing arrangements and expertise, rather than risk disrupting or duplicating those arrangements via legislation. With this in mind, one option that we are actively considering, and have already discussed with the noble Lord, Lord Morris, is that together with the devolved Administrations we could build on the existing UK-wide partnership in the Haemophilia Alliance between patients, haemophilia doctors and others involved in their care, such as nurses, physiotherapists and social workers. The alliance is jointly chaired by the Haemophilia Society. We are considering a formal arrangement whereby the Government would seek advice from the alliance on matters relating specifically to the care of haemophilia patients, and meet with them at least twice a year. If this were pursued, we would, of course, meet the costs of these meetings. The Haemophilia Alliance has already established a commendable reputation by developing a national service specification for bleeding disorders, which has been welcomed by commissioners. I assure noble Lords that my right honourable friend the Secretary of State is looking at the most appropriate means of strengthening representation for haemophilia patients and ensuring that advice is provided to those best placed to act on it for the benefit of patients. This is being considered together with the other recommendations from the noble and learned Lord, Lord Archer, for improving support more widely to the haemophilia community. I personally commit to do everything possible to ensure that the Government respond fully to the noble and learned Lord’s recommendations in advance of the Whitsun Recess, if not the week before. Furthermore, we will of course assist as far as possible in securing a debate on the Government’s response. Finally, I turn to two points made by the noble Lord, Lord Morris, on CJD. First, since the announcement of the finding of the case, much careful work has been undertaken to ascertain the possible source of this infection. The information will be considered by the CJD incident panel, which will advise if further action is necessary. I remind the House that we have implemented many precautionary measures to reduce the risk as far as is practical and continue to monitor this area very closely. Secondly, on Crown immunity, I reassure my noble friend that the position is very different from what it was 20 or 30 years ago, but I am more than happy to look at what Crown immunity was 30 years ago and respond, giving the changes that have occurred since then. I hope that the noble Lord will feel reassured by the steps that have been taken to consider the most appropriate way in which to involve those affected by haemophilia in decision-making and feel able to withdraw his amendment.