Part of the debate – in the Senedd at 4:41 pm on 15 February 2022.
Thank you, Presiding Officer. I speak today in my capacity as the Chair of the Health and Social Care Committee. Our view on the provisions set out in the report are listed in the report that we've presented, but I would draw the Minister's and Members' attention to a couple of areas. First of all, clause 87, which provides for the establishment of a UK-wide medicines information system. Data ownership, and, of course, sharing are sensitive matters and the rights of safeguarding must be in place to protect, of course, Welsh patients' personal and medical data. So, the Bill has been amended to require consultation with the Welsh Government on any regulations or directions relating to medicine information systems affecting Wales. So, I agree with the Minister that this is welcome. But the inter-governmental memorandum of understanding to underpin this consultation is still to be agreed, as I understand, so we would welcome, I think, further information from the Minister about the anticipated timescale of the MOU.
Clause 135, added to the Bill in November, seeks to learn lessons from the COVID pandemic, and it makes provision to enable controls to be applied in a future pandemic or public health emergency to the supply of medical products used for vaccines or the prevention and treatment of diseases that could become pandemics. So, these measures are sensible, but we would welcome assurances from the Minister that the powers can and will only be used when a public health emergency or a pandemic has been declared, and that any use of the powers could be accompanied by appropriate or adequate remuneration for pharmacy contracts.
I turn to provisions, or the powers, in clauses 91, 144 and 149 for the Secretary of State to make consequential amendments, including to legislation passed by the Senedd, without consent. It would perhaps have provided greater and more transparent protections for the devolution settlement in the longer term if the consent requirements had been included on the face of the Bill, but we note that the UK Government has shared information about how such powers would be used, and agreed to make a despatch box statement on this matter. So, I would be grateful, if I've understood this right, if the Minister could confirm whether the agreed statement has been made in the House of Commons or whether she is content that the assurances provided by the UK Government have reduced the constitutional risk to an acceptable level.
And finally, on the LCM process itself, as a committee, we do have concerns about the increasing use of LCMs as a mechanism for legislating on matters that are devolved to Wales. And as a matter of principle, it risks, of course, undermining the Senedd's role as a primary law-making body in areas of devolved legislative competence. So, as a matter of practicality, with limited time available for scrutiny, especially when provisions are added by amendment late in the day, it increases the risk, of course, for unintended or unforeseen consequences that might otherwise be identified and mitigated through scrutiny. So, we've made a number of recommendations in this area that are included in our report. Thanks, Llywydd.