← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Edward Argar

MP for Melton and Syston · Conservative · United Kingdom

IN THEIR OWN WORDS

I will not keep the Committee long. I am very pleased to see the hon. and gallant Gentleman, the Minister, still in post, as this is a policy area that he has cared deeply about throughout his life. I share the broad support for the instrument expressed by the shadow Minister, my hon.

DRAFT ARMED FORCES (SERVICE COMPLAINTS MISCELLANEOUS PROVISIONS) (AMENDMENT) REGULATIONS 2026 · 2026-09-01 · READ IN HANSARD

I appreciate it may be set out in the 2006 or 2025 primary parent legislation to these draft regulations, but if he can, I would be grateful for a little clarification. Finally, paragraph 10.1 of the explanatory memorandum refers to the legislation being continuously monitored.

DRAFT ARMED FORCES (SERVICE COMPLAINTS MISCELLANEOUS PROVISIONS) (AMENDMENT) REGULATIONS 2026 · 2026-09-01 · READ IN HANSARD

I live in my patch and I know that there will be genuine local fury at the contempt this Government have shown for my constituents in approving a Leicester city land grab, which has cross-party opposition locally.

LOCAL GOVERNMENT REORGANISATION · 2026-07-16 · READ IN HANSARD

Lady was right to highlight in her remarks the importance of timely discharge from hospital as a key element of whether we can achieve that flow into hospital beds and have hospital bed capacity to allow an A&E department or emergency department to function.

HEALTH BILL (FOURTEENTH SITTING) · 2026-07-09 · READ IN HANSARD

That should not be a challenge; I suspect that that data is already extant in some part of the system. She is proposing a very moderate measure, which would pull all that together in one place, and allow it to be focused on and looked at in the round, rather than in disparate little penny packets of data.

HEALTH BILL (FOURTEENTH SITTING) · 2026-07-09 · READ IN HANSARD

Gentleman’s point, however, that with many of these things—both clinicians and coroners grapple with this—it is often complex to determine the actual most significant contributory factor. My hon.

HEALTH BILL (FOURTEENTH SITTING) · 2026-07-09 · READ IN HANSARD

The complete record

Every one of 6,188 lines we hold for Edward Argar, in date order, each linked to its source. Free to read, in full, without an account. Page 60 of 124.

  1. Of course, we are aware of the need for further investment across the NHS estate, and that is why the Government have been doing ambitious work providing substantial capital investment to support the biggest hospital building programme in a generation. As my hon. Friend has already highlighted, the Government have launched the next phase of implementation for our hospital building programme. On 15 July we invited expressions of interest from trusts who wished to be considered for inclusion in the next wave. The deadline for submitting expressions of interest passed in early September and, without prejudicing the decision, I was pleased to receive a submission from the University Hospital of North Tees. We are of course committed to a robust selection process for these next eight hospitals, and as such I am sure my hon. Friend and the hon.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  2. That investment includes: £3.5 million as part of our 2020-21 critical infrastructure risk fund to help it address backlog maintenance across the locations of services in the trust; £3 million as part of our A&E upgrades fund for covid measures, including funding additional streaming capacity for the emergency department at the University Hospital of North Tees; and as part of our £200 million diagnostic investment to replace diagnostic machines that are more than 10 years old, the trust has received a new CT scanner that has been installed and operational since 2020 at University Hospital of Hartlepool.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  3. Friend is, as ever, passionate and persistent in putting the case for North Tees to be among these new hospitals, as is the hon. Gentleman. I reassure my hon. Friend that I never tire of having the opportunity to talk about this with him and having him putting the case to me; he is always very welcome to do so. I will turn shortly to the process and timelines for these additional eight new hospitals on top of those already announced, but first I want to highlight a little of the significant investment that North Tees and Hartlepool NHS Foundation Trust has seen in recent times.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  4. We are pleased to confirm that the spending review continues to back trusts with significant annual operational capital investment to do that, enabling them to maintain and refurbish their premises. Crucially, that is with multi-year predictability and certainty. We all know how, in capital spending, the longer the settlement in years, the easier it is both to plan for it and to get a better deal for the investment from those being employed to carry it out. More broadly, we previously confirmed an initial £3.7 billion over the four-year period from spending review 2020 to make progress on the building of 48 new hospitals by 2030. Thirty of the hospitals already announced are due to be built outside London and the south-east. Of course that comes on top of additional funding to upgrade hospitals. My hon.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  5. Friend said, the Chancellor confirmed that the Government are backing our NHS with a significant capital settlement including £5.9 billion to cut waiting lists as well as for surgical hubs, community diagnostic centres and IT improvements. That will create a step change in the quality and efficiency of care up and down the country. Of course, giving people greater opportunity to get diagnosed and scanned earlier may lead to an increase in the need for services at his hospital and others as people have their illnesses identified and need to have them treated. I will turn in a moment to his powerful plea for a new hospital. My hon. Friend also touched on the critical need for trusts to maintain their estates.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  6. Secondly, I was struck by the age of the hospital—it predates my existence, so it almost certainly predates his as well—and the impact that the design standards of that time and the ageing of the hospital has on its operation and maintenance costs as well as physically keeping it functioning as an acute hospital. The Government have made clear our commitment to levelling up outcomes across the country, and that will certainly extend to benefiting the people of his constituency. To level up effectively, we need to improve health outcomes, and we are committed to reducing health disparities between the most and least deprived areas of the United Kingdom. Yesterday, as my hon.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  7. Given that I have also committed to visiting places in Norfolk and—I think—Lancashire, it will be a pretty big tour. That is all I will say. As I said, I commend my hon. Friend the Member for Stockton South on his campaign on behalf of the hospital and on the dynamism that he has brought to it and to this place. He set out clearly the context of the hospital in terms of his constituency and the healthcare needs of his constituents. Two things that he said in particular struck me as very powerful statements. First, he set out the difference in life expectancy at 64 years compared with over 80 just up the road.

    NORTH TEES HOSPITAL · 2021-10-28 · READ IN HANSARD

  8. We are seeking legislative consent from the devolved Administrations in respect of a number of provisions in the Bill and we have debated those in recent days, but clause 130 does not, in and of itself, give rise to the LCM process. It is the substantive provisions in the Bill, on which any amendments under clause 130 would be consequential, that do or do not, as the case may be, give rise to the LCM process. Finally, although this power will enable the UK Government to make consequential amendments to devolved legislation, in practice, any amendments would be discussed with the DAs, officials and legal advisers prior to and throughout the drafting process. These arrangements follow wider good practice and expectations of collaborative working.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  9. As I said, this power is quite common in UK legislation, particularly in a Bill as large as the Health and Care Bill, which—as we know, as we reach the end of the current set of clauses—comprises 135 clauses and 16 schedules. There are many examples of similar powers to clause 130 in existing legislation. Perhaps the one with the greatest relevance, giving the most directly analogous example, is section 303 of the Health and Social Care Act 2012. As a general principle, it is appropriate that the authority passing the legislation makes the consequential provisions that flow from it, as that authority will be most familiar with the provisions of the legislation and the changes to other legislation that it necessitates.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  10. That includes most of the amendments that need to be made to secondary legislation as a consequence of the Bill’s provisions As such, amendments were not included in the Bill. There may also be minor changes, such as amendments to names of particular bodies—the hon. Lady knows me and the position that Her Majesty’s Government take on these things extremely well—as a result of measures in the Bill. It is also prudent to retain the power to amend legislation in the event that anything has been missed. It is important for everyone concerned that we have the ability to make such amendments should they be needed to ensure that the legislation works as intended and that we are able to do so quickly, as required.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  11. The amendments would require the Secretary of State to seek the consent of Ministers of the relevant devolved Administrations before making a consequential amendment to any matter that falls within the competence of the devolved legislature. Provisions such as clause 130—she suggested I might say this—are perfectly common in UK Acts of Parliament, and we believe they remain within the spirit of the devolution settlement. The UK Government’s clear position is that, in and of itself, clause 130 would not give rise to the legislative consent motion process, for reasons that I will set out. We deem that a requirement for the consent of the DAs for its use would therefore be inappropriate. This power will enable the UK Government to make consequential amendments that might be necessary following the passage of the Bill.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  12. It is a pleasure to see you in the Chair again, Mrs Murray, and to hear of the inadvertent promotion of the shadow Minister. I am sure it is only a matter of time, certainly if his longevity in his current post and being master of his brief are anything to go by. I am grateful to the hon. Member for Central Ayrshire for raising this matter. I will address amendments 114 and 115 together, as one is consequential on the other, and then I will address the clauses. As the hon. Lady rightly says, she has raised this matter with me not only in this Committee but outwith it. I would have been surprised had she not wished to air it in Committee, which is exactly what we are here for.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  13. Again, that is a common approach for a Bill of this type, and allows for flexibility. While the Government are committed to implementing the vital reforms to the health service that are contained in the Bill, we will be able to confirm the precise date on which provisions will come into force when it has completed its parliamentary passage—clearly, we cannot pre-empt Parliament. It is likely that it will be appropriate to bring different provisions of the Bill into force at different times. Finally, clause 135 provides that, once passed, the Bill may be cited as the Health and Care Act 2021. I therefore commend these clauses to the Committee.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  14. Examples of this include clause 120, which makes provisions about reciprocal healthcare arrangements, and clause 85, which allows provision to be made for the establishment of medicines information systems. A full analysis of territorial extent and application in the UK can be found in the explanatory notes. In earlier sittings, we debated the consequences of the Bill in Wales, Scotland and Northern Ireland and any issues relating to devolution as and when they have arisen. I suspect we may return to those issues on Report, and that their lordships may wish to debate them in the other place. Clause 134 sets out when the provisions in the Bill will come into force once it has been passed. Most of the Bill will be brought into force on a date to be set in regulations, as provided for in subsection (3).

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  15. In addition, the bulk of the England and Wales-only provisions—in particular, the vast majority of part 1—will in fact apply only in England, as they concern the health service in England only. The following provisions, listed in subsection (2), extend to England, Wales, Scotland and Northern Ireland: the renaming of NHS England in paragraphs 1(3) and 1(4) of schedule 1; the Secretary of State’s powers to transfer and delegate functions in part 3 of the Bill; and the carve-out of the health services safety investigations board from any legislative provision to require disclosure of information in clause 109. In addition, the amendments to other legislation made by the Bill will have the same territorial extent as the provision that is being amended.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  16. Subsection (1) provides that regulations made under the Bill may include “consequential, supplementary, incidental, transitional or saving provision” and can make “different provision for different purposes.” Subsections (3) and (4) set out the parliamentary procedure for making regulations under this legislation. Clause 132 is also a standard clause concerning financial provision. It simply provides that any expenditure incurred by the Secretary of State under the Act shall be paid out of the consolidated fund, in accordance with the Supply and Appropriation (Main Estimates) Act 2021. Clause 133 sets out the territorial extent of the provisions of the Bill. It provides that while most of the provisions in the Bill extend only to England and Wales, a small number extend UK-wide.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  17. The power extends to making consequential amendments to primary legislation passed by the devolved legislatures, because devolved legislation contains references to UK legislation or bodies that may need to be amended in consequence of this Bill. The power applies only to existing primary legislation—this Bill itself, or primary legislation passed during this Session—and therefore future primary legislation may not be amended under the power conferred by this provision. Clause 131, again, is a common part of a Bill. It sets out the scope of regulation-making powers in the Bill generally and the parliamentary procedure for making such regulations.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  18. As a result, numerous consequential amendments to other pieces of primary and secondary legislation are required to reflect those changes. The power is limited to making amendments consequential to the competence of the Bill and is therefore a narrow power. It is, as I said, a standard provision in a Bill of this size and complexity. A considerable amount of secondary legislation will require amendment following the merger of NHS England and NHS Improvement and the change from clinical commissioning groups to integrated care boards. It would not be appropriate to use primary legislation to list all of those secondary legislative changes. Therefore, the consequential power will be used to make such changes in secondary legislation.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  19. My point is that those discussions at official level have been long standing and extensive, I would hope. I suspect that officials have shared elements with the Cabinet Secretary—perhaps not the entirety, but they have been very much engaged. I hope that that explanation provides some reassurance to hon. Members, although I suspect that it may not. I suspect that the hon. Lady anticipated that explanation, and it may therefore not add further reassurance, but I hope that it does to a degree. Let me move on to clauses 130 to 135 stand part of the Bill. As we heard in the foregoing debate, clause 130 allows the Secretary of State to make provision by regulations, which is consequential on the Bill. The Bill contains a significant change to the legal framework of the health service.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  20. I take the hon. Lady’s point but, on engagement with officials, I would argue that it is in a sense a matter for officials in the Scottish Government whether they communicate with the Cabinet Secretary. They were not prohibited from doing so. I will not go into the inner workings of the Holyrood machine, just as, I suspect, the hon. Lady would not wish to go into the inner workings of the Department of Health and Social Care. However, that dialogue has taken place since February this year. I appreciate that there has been a slight challenge with that, given the Holyrood elections and purdah, where, although officials can continue to talk, there was rightly a bit of stepping back at a political level so that democracy could take its course. It took its course and the same party continues to run Scotland, so those conversations resumed.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  21. By carving out these niche, critical—but understandable, I hope—exceptions in the legislation in that way, we recognise the importance of not undermining the supply and reimbursement arrangements more generally and broadly across the piece. Furthermore, the legislation will also ensure that in the case of pandemic treatments, once the disease is no longer a pandemic, the appropriate arrangements will be put in place to transition back to normal supply and payment arrangements. The new clause is important to ensure that centrally purchased stock of essential medicines intended for patients in England can be distributed to community pharmacies to meet clinical need and support patient access, whether that applies to a vaccination or treatment in connection with a pandemic. For those reasons, I ask the Committee to support the new clause.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  22. In those circumstances, if centrally purchased products, rather than being supplied directly to pharmacies, were sold to wholesalers, that would risk wholesalers exporting or selling the stock at a much higher price than is usually paid, thereby playing the market. In this example, that would defeat the original purpose of the central stockpile. When supplying products directly to pharmacies free of charge, we do not want to reimburse pharmacies as well as purchasing the stock, as that would mean the Government or taxpayer paying twice. Currently, as I have indicated, the legislative framework only makes provision for the reimbursement price of specials to be set at zero. We are restricting those to vaccinations and immunisations, medicinal products used for the prevention or treatment of disease in a pandemic, and associated products.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  23. The amendment only seeks to further add, in a limited way, to the current powers to make regulations to provide for an exemption from the ordinary requirement to reimburse. The only products that it will cover are vaccines, pandemic treatments, and associated products such as diluents and syringes. There are various reasons why we may seek to procure centrally vaccines or products used to treat a pandemic, for example when the typical competitive supply chain and reimbursement arrangements cannot be relied on, because pressures from global demand mean that central purchasing and direct supply to community pharmacies is critical to maintaining continuity of supply for UK patients.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  24. Unique conditions required the unlicensed specials medicines amendment to be tabled in 2017 due to an unconventional supply chain. Unusually, there was no competition and, therefore, no incentive for community pharmacies to seek value for money for unlicensed medicines. Under normal conditions, a virtuous competitive circle would encourage community pharmacies to try to source the lowest cost product and, in doing so, force overall prices down. The 2017 amendment allowed for regulations to be made so that the process of sourcing the relevant products could be by central procurement and subsequently there could be direct supply to community pharmacies. No such regulations have yet been made, but the matter remains under review.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  25. I beg to move, That the clause be read a Second time. New clause 62 adds to section 164 of the National Health Service Act 2006, enabling regulations to be made that would allow further products to be centrally stocked and supplied free of charge to community pharmacies without the need for reimbursement under the standard NHS arrangements. This would allow Ministers to create limited additional exemptions to the exemptions that can already be created by the regulation-making power introduced in 2017 for unlicensed medicines, more commonly known as “specials”. As was recognised in 2017, the legislative framework for pharmaceutical remuneration established by section 164 is predicated on the basis that community pharmacies will be reimbursed for the products they supply.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  26. (10) The court must refer the case of any person guilty of an offence under this section who is subject to statutory professional regulation for investigation by the relevant regulator.”.— (Alex Norris.) Brought up, and read the First time.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  27. (6) There is also no offence committed by a person who— (a) performs a surgical operation falling within subsection (4)(a) or (b) outside the United Kingdom; and (b) in relation to such an operation exercises functions corresponding to those of an approved person. (7) For the purpose of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual. (8) This section applies to any act done outside the United Kingdom by a United Kingdom national or resident. (9) A person who is guilty of an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine, or to both.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  28. (4) No offence is committed by an approved person who performs— (a) a surgical operation on a person which is necessary for their physical or mental health; or (b) a surgical operation on a female who is in any stage of labour, or has just given birth, for purposes connected with the labour or birth. (5) The following are approved persons— (a) in relation to an operation falling within subsection (4)(a), a registered medical practitioner; and (b) in relation to an operation falling within subsection (5)(b), a registered medical practitioner, a registered midwife or a person undergoing a course of training with a view to becoming such a practitioner or midwife.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  29. New Clause 1 Prohibition of virginity testing “(1) A person is guilty of an offence if they attempt to establish that another person is a virgin by making physical contact with their genitalia. (2) A person is guilty of an offence if they provide another person with a product intended for the purpose, or purported purpose, of establishing whether another person is a virgin. (3) A person is guilty of an offence if they aid, abet, counsel or procure a person to establish that another person is a virgin by making physical contact with their genitalia.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  30. On the House’s ability to challenge that, as the shadow Minister will possibly expect me to say, he and his colleagues and other Members will have ample opportunity, not only at Question Time but also, as I have discovered, through urgent questions, which I have answered on behalf of colleagues in the Government on occasion. There are plenty of opportunities for Members to summon Ministers to the Dispatch Box, or through written questions, to challenge and to probe and hold Ministers to account. I hope that hon. Members feel that this is a pragmatic and proportionate measure to address something we have identified in the course of the pandemic as needing resolution, and in so doing to put it on a surer and clearer statutory footing. Question put and agreed to. New clause 62 accordingly read a Second time, and added to the Bill.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  31. Judgments will obviously be based on advice from officials and legal and scientific advisers, but to a degree it is in the nature of ministerial accountability that there is an element of subjectivity when the Secretary of State is obliged to make a judgment. I appreciate the point, which I echoed in my remarks, on the need to turn these arrangements off or transition out of them as swiftly as possible, but we can see this pandemic declining and coming back at various times—that is the nature of the lifecycle of a pandemic; there are ups and downs before it finally burns itself out—and therefore the Secretary of State will ultimately need a degree of discretion and subjectivity in their judgment about the right moment, although obviously they will take advice.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  32. While we felt that supply could be justified on the basis of conventions of statutory interpretation that allowed us necessary flexibility in those exceptional circumstances, we think it is appropriate that we put such measures on a proper legal footing—through debate and, if necessary, Division in the House—to future-proof our arrangements. We are not trying to radically alter NHS pharmaceutical service provision or the payment mechanism. The aim is actually to strengthen the legal basis, and indeed the democratic oversight of that legal basis, through this debate in this Committee, for scenarios in which usual supply routes need to be bypassed. The shadow Minister also raised a couple of other points, mainly about the Secretary of State’s power and Parliament’s role going forward, if I may paraphrase it in that way. I take his point.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  33. I am grateful to the hon. Lady for helping to reduce the number of the shadow Minister’s questions that I need to answer. The hon. Lady makes her point well. We saw early on in the pandemic the challenges of a globally competitive market and the incentives and disincentives that can create around supply. I will not go into other aspects of supplies purchased for the NHS during the pandemic, but we have seen what happens when a market becomes super-saturated with demand versus a very limited supply, hence why we believe the steps in the new clause are prudent. The shadow Minister will be familiar with approach in the new clause; it was used, for example, for covid vaccines, which were centrally secured and supplied directly to pharmacies.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  34. It is a swift piece of work. We will consider the report and, depending on its contents, bring forward legislation if or as appropriate, considering everything it contains in the context of vulnerable women and girls’ safety.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  35. To ensure balance and impartiality, the expert panel is co-chaired by Professor Sir Jonathan Montgomery and Dr Pallavi Latthe, both of whom are well respected in their areas of expertise. Both have extensive experience in this area of health ethics, and it is important that we let them do their work and then consider what they say. We will consider their recommendations as soon as they are brought forward, and I hope that will happen swiftly. The recommendations will need to be fair, objective and based on evidence, so I hesitate to go beyond that in expressing a view on the substance of the new clause until I have that expert panel report before me. It will be presented for Ministers’ consideration, and I assure the hon. Gentleman—I can see where he might go with this—that the intention is to publish it before the Christmas recess.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  36. Gentleman has a clear view, and he may suspect he knows what my view is, but it is right to allow the expert panel to do its work swiftly and clearly and to use it as our evidence base. It is fair to say that the overwhelming majority of stakeholders are clear that hymenoplasty perpetuates harmful myths about virginity and could constitute a form of violence against women and girls. Concerns have been expressed about whether banning the procedure could push the practice underground. It is important that the expert panel bottoms out those arguments and gives us a clear basis for proceeding. My challenge with the new clause is simply a matter of timing: it is important that we have the report from the expert panel.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  37. After the Department of Health and Social Care conducted an internal review of virginity testing and hymenoplasty, the Government announced in the tackling violence against women and girls strategy that they would convene an expert panel to explore the clinical and ethical aspects of the procedure in more detail. The Government’s primary concern after the initial review was that there was no clearly defined consensus on whether hymenoplasty should be banned. As a Minister, I will not go as far as the hon. Member for Nottingham North while a review has been commissioned, or comment on what that review might say in detail. Arguments have been made on both sides. The hon.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  38. The drafting detail of our policy approach is being carefully considered, with the safety of vulnerable women and girls as our guiding principle. The hon. Gentleman may be reassured that the spirit and policy intention of the new clause will be reflected in future legislation as swiftly as we can draft it and secure agreement to bring it forward. New clause 2, which was tabled by my hon. Friend the Member for North West Durham and supported by the hon. Member for Nottingham North, seeks to ban hymenoplasty in the United Kingdom. While the Government share the concerns underpinning the new clause—that hymenoplasty is driven by a repressive approach to female sexuality and closely associated with virginity testing, so it is right that we debate the new clauses together—we also have concerns about timing and process.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  39. The new clause would provide that in certain circumstances, such as in the course of a surgical procedure undertaken by an appropriate medical professional, an offence would not be committed. The Department’s internal review of virginity testing and hymenoplasty found that virginity tests have no clinical or scientific merit, as the hon. Member for Nottingham North said. There is no reliable way to establish virginity, nor is there any clinical reason to know if a woman or girl is a virgin. As such, we are clear that there is no clinical reason for such an examination or operation to be carried out, and we therefore question the legitimacy of including such a defence in the new clause. I have set out some of the key drafting challenges in the new clauses and I hope that I have given a flavour of the Government’s thinking.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  40. Our concerns about the drafting of the new clause include that it does not specify where in the United Kingdom the offence would apply. It is unclear whether the offence would apply in each of the four nations of the United Kingdom or in England only. That is a drafting technicality, but we think that clarity is important. We are in the process of seeking four-nation-wide agreement on virginity testing in each of the nations, and we are working through options on what that might look like, reflecting our shared view that virginity testing has no place in any part of our United Kingdom, and that the safety of women and girls is paramount wherever they are in the four nations. Another concern about the drafting is the inclusion of defences.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  41. While the wording of that legislation will differ slightly from the wording of the new clause, I want to reassure the shadow Minister and other Members that the policy intent and policy outcome will be exactly aligned. Parliamentary drafting is not only an art but a significant skill, and a very technical one. Therefore, we are utilising the best drafting we have available to see how we might achieve the outcome in the appropriate way, subject to cross-Government approvals. I will also say that the Government absolutely share the shadow Minister’s concerns about how virginity testing is essentially driven by a repressive approach to female sexuality and is a form of violence against women and girls that must be eradicated.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  42. I wholly agree with the spirit of new clause 1; however, I fear that we cannot accept it as drafted. There are several reasons for that, which I will outline. Nevertheless, I hope that in my opening remarks I have reassured him that we are of one mind on this issue, and I will set out the next steps. By way of further reassurance, may I also say to the Committee that the Government have clear plans to introduce our own legislation, at the appropriate moment and at the nearest opportunity, to criminalise virginity testing? There is work to be done on the drafting and, as the shadow Minister would expect, through discussions within Government. However, I can put on the record in this Committee that it is absolutely our intention to legislate in this space.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  43. First, I want to reassure the Committee that safeguarding vulnerable women and girls is a key priority for the Government, which is why on 21 July we announced our commitment to ban virginity testing in the Home Office-led tackling violence against women and girls strategy, so I think we are of one mind on the principle. I will talk a little bit about the mechanism, the drafting and similar, but it is fair to say that we are of one mind on the principle here. Such tests are, as the shadow Minister said, a violation of human rights and are clearly known to have an adverse and long-term impact on women and girls’ physical, psychological and social wellbeing. New clause 1, which the shadow Minister tabled and spoke to, gets to the very heart of what we intend to do with regard to virginity testing: ban it.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  44. While, on occasion, there has not been unanimity in this House, I share the sentiments expressed by the hon. Lady and the shadow Minister, the hon. Member for Nottingham North. I am grateful, first to my hon. Friend the Member for North West Durham (Mr Holden) for his private Member’s Bill on this issue, which originally raised it, and I am also grateful to the shadow Minister. I do not always say that about some of his amendments, but I am grateful to him and his colleagues for tabling this new clause, which gives us the opportunity to debate this issue in Committee. I am aware of the work that my hon. Friend has done to raise the issue and I know how strongly the shadow Minister feels about it as well.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  45. In line with that duty the Secretary of State, through the NHS mandate, ensures that NHS England must seek to treat mental health with the same urgency as physical health. That is monitored through three metrics: mental health services’ real-term expenditure growth, the number of people accessing Improving Access to Psychological Therapies services, and the number of children and young people accessing NHS-funded mental health services. The Secretary of State has a legal duty to keep under review the progress in meeting mandate objectives. NHS England and NHS Improvement provide reports on the above metrics for the Government’s review on a regular basis, and they have governance mechanisms in place to monitor both mental health spend and service delivery.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  46. We know that, historically, mental health services under successive Governments have not received the same level of funding as NHS-funded services for physical health. By virtue of section 1(1) of the National Health Act 2006, which was inserted by the Health and Social Care Act 2012, the Secretary of State has a “duty to promote comprehensive health service” in England “designed to secure improvement— (a) in the physical and mental health of the people of England, and (b) in the prevention, diagnosis and treatment of physical and mental illness.” Although there may be many things in the 2012 Act that I suspect Opposition Members do not agree with, I suspect they will agree with that clear objective. Given what the shadow Minister said, I am sure they do.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  47. I welcome the spirit in which the shadow Minister brings this issue to the Committee. He is right to highlight not only the words “parity of esteem” but what they mean in practice, the importance of mental health services—particularly after the past year and a half with the rise in people suffering from mental health problems—and the challenges posed every day to our mental health services, irrespective of the pandemic. I suspect that throughout their time in this place, all Members present will have had multiple pieces of constituency casework relating to this issue, and particularly to CAMHS. It is absolutely right that the shadow Minister has focused our debate on ensuring that mental health services are sufficiently funded to improve access, care and outcomes for patients.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  48. Although we do not think that the approach proposed in the new clause is the right one, I am open-minded and happy to work across the aisle to see if there is more we can do in this space, in keeping with the strategy set out by my hon. Friend the Member for Louth and Horncastle when she was at the Home Office, and to see if there are other ways to achieve essentially the same objective.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  49. More broadly, I assure the Committee that the NHS will be at the forefront of stepping up to its responsibility to play its part in tackling domestic abuse, sexual violence and violence against women and girls. NHS England is developing enhanced trauma-informed mental health support for victims with the most complex needs within the sexual assault and abuse pathway. The DHSC’s new office for health promotion will work with the newly merged NHS England to review and build on workforce policies to ensure safe, effective processes are in place to support staff affected by domestic violence and sexual violence. I hope I have reassured the Committee that we take this issue extremely seriously.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD

  50. I refer to women in this context because an overwhelming number of victims are women, but it can happen to anyone, irrespective of gender. In my previous role, I had the privilege of meeting survivors of domestic abuse, who were willing to talk to me about what had happened and their recovery from and survival of domestic abuse. In those conversations, people would often say, “I dealt with one agency, but it did not talk to this agency and this bit did not join up.” There is a real opportunity for the ICPs to work with housing providers, local authorities, the NHS and other voluntary and third sector organisations to help to bring together a more coherent and joined-up approach.

    HEALTH AND CARE BILL (EIGHTEENTH SITTING) · 2021-10-27 · READ IN HANSARD