Sir Lindsay Hoyle

Before we begin, I would like to say a few words about today’s proceedings. We will begin at the point we ended on Friday 16 May, with the decisions to be taken after debate on the first group of amendments. I will put the necessary questions without further debate. After that, debate on the second group of new clauses and amendments can begin. I remind hon. Members that the scope of that debate will be the amendments and new clauses in that group. Nearly 60 Members have indicated that they wish to speak in the debate. Not all hon. Members will be called. It is not customary to impose a time limit on speeches on a private Member’s Bill, but I hope that Member in charge of the Bill, and the speakers after her, will restrict themselves in the early part of the debate, including in taking interventions. The Chair will keep time limits under review as the debate progresses. If the Chair feels that people are taking advantage of the Chamber, a time limit will be imposed, but I hope we do not have to do that. I do not expect to call the Front Benchers to speak until at least 1.15 pm. I can also confirm that I have provisionally selected for separate decision all of the propositions in the name of Kim Leadbeater, the Member in Charge of the Bill. I have also provisionally selected the following for separate decision on new clauses: amendment (b) to new clause 14, new clause 1, new clause 2 and new clause 16. I will make further announcements on selection for separate decision on amendments at an appropriate point. We will begin with the question that new clause 10 will be added to the Bill, which was debated on Friday 16 May. New Clause 10 No obligation to provide assistance etc “(1) No person is under any duty to participate in the provision of assistance in accordance with this Act. (2) No registered medical practitioner is under any duty to become— (a) the coordinating doctor in relation to any person, or (b) the independent doctor in relation to any person. (3) No registered medical practitioner, other than the coordinating doctor or the independent doctor, is under any duty to perform any function under or in connection with this Act other than— (a) a function relating to the giving of notifications, or (b) a function relating to the recording of matters in a person’s medical records. (4) No health professional or social care professional is under any duty to respond when consulted under section 11(3)(b) (requirement for assessing doctor to consult professional with relevant qualifications or experience). (5) No registered pharmacist or registered pharmacy technician is under any duty to participate in the supply of an approved substance to a registered medical practitioner for use in accordance with section 23. (6) No person is under any duty to— (a) act as a witness under this Act, or (b) act as a proxy under this Act. (7) Nothing in this section affects— (a) any duty relating to the giving of notifications under this Act or the recording of matters in a person’s medical records, (b) any duty relating to a requirement to keep records or to provide information, or (c) any duty of a professional to respond to enquiries made under section 11(2)(b) (enquiries by assessing doctor) relating to health or social care the professional is providing, or has recently provided, to a person seeking assistance under this Act. (8) Schedule (Protection from detriment) amends the Employment Rights Act 1996 to make provision to protect employees and other workers from being subjected to any detriment for— (a) exercising (or proposing to exercise) a right under this section not to participate in an activity or perform a function, or (b) participating in the provision of assistance in accordance with this Act or performing any other function under this Act. (9) In this section— (a) a reference to a duty includes any duty, whether arising from any contract, statute or otherwise; (b) “registered pharmacist” and “registered pharmacy technician” have the same meaning as in the Pharmacy Order 2010 (S.I. 2010/231) (see article 3 of that Order).”—(Kim Leadbeater.) This new clause, intended to replace clause 28, expands the protection currently provided by that clause by broadening the persons to whom it applies and the functions to which it relates; and it introduces NS1 which makes provision for enforcement of the right not be subject to detriment in connection with the Bill Question put, That the clause be added to the Bill. Question agreed to. New clause 10 accordingly added to the Bill. New Clause 11 Replacing the coordinating or independent doctor where unable or unwilling to continue to act “(1) This section applies where— (a) after a first declaration has been witnessed by the coordinating doctor, that doctor is unable or unwilling to continue to carry out the functions of the coordinating doctor, or (b) after a referral is made under section 9(3)(c) (including a referral to which section 12(4) applies), but before a report under section 10 has been made by virtue of that referral, the independent doctor is unable or unwilling to continue to carry out the functions of the independent doctor, and in this section such a coordinating or independent doctor is referred to as “the outgoing doctor”. (2) The outgoing doctor must as soon as practicable give written notice of their inability or unwillingness to continue to carry out their functions under this Act to— (a) the person seeking assistance, (b) the Commissioner, and (c) if the outgoing doctor is the independent doctor, the coordinating doctor. (3) Any duty or power of the outgoing doctor under this Act that arose in consequence of the declaration or referral mentioned in subsection (1) ceases to have effect from the time the outgoing doctor complies with subsection (2); but this does not apply to any duty under subsection (8) or (9). (4) The Secretary of State may by regulations make provision relating to the appointment, with the agreement of the person seeking assistance, of a replacement coordinating doctor who meets the requirements of section 7(5) and who is able and willing to carry out the functions of the coordinating doctor. (5) Regulations under subsection (4) may, in particular, make provision to ensure continuity of care for the person seeking assistance despite the change in the coordinating doctor. (6) Where the independent doctor gives a notice under subsection (2)— (a) a further referral may be made— (i) under section 9(3)(c) (if section 12 does not apply), or (ii) where section 12 applies, under subsection (2) of that section, and (b) the registered medical practitioner to whom that referral is made becomes the independent doctor (replacing the outgoing doctor) and sections 10 to 12 (and this section) apply accordingly. (7) Subsections (8) and (9) apply where the coordinating doctor— (a) gives a notice under subsection (2) to the person seeking assistance, or (b) receives a notice under that subsection given by the independent doctor in relation to the person seeking assistance. (8) Where the coordinating doctor is a practitioner with the person’s GP practice, the coordinating doctor must, as soon as practicable, record the giving of the notice in the person’s medical records. (9) In any other case— (a) the coordinating doctor must, as soon as practicable, notify a registered medical practitioner with that practice of the giving of the notice, and (b) the practitioner notified under paragraph (a) must, as soon as practicable, record the giving of the notice in the person’s medical records.”—(Kim Leadbeater.) This new clause makes provision about the replacement of the coordinating doctor or the independent doctor where the doctor is unable or unwilling to continue to carry out their functions under the Bill. Brought up, read the First and Second time, and added to the Bill. New Clause 12 Report where assistance not provided because coordinating doctor not satisfied of all relevant matters “(1) This section applies where a person is not provided with assistance under section 23 because the coordinating doctor is not satisfied as to all of the matters mentioned in section 23(5). (2) The coordinating doctor must make a report which— (a) sets out the matters as to which they are not satisfied, and (b) contains an explanation of why they are not satisfied of those matters. (3) The Secretary of State may by regulations make provision about the content or form of the report. (4) The coordinating doctor must give a copy of the report to— (a) the person, (b) if the coordinating doctor is not a practitioner with the person’s GP’s practice, a registered medical practitioner with that practice, and (c) the Commissioner.”—(Kim Leadbeater.) This new clause (intended to be inserted after Clause 27) requires the coordinating doctor to produce a report where assistance is not provided because they are not satisfied of all of the matters mentioned in Clause 23(5). Brought up, read the First and Second time, and added to the Bill. New Clause 13 Regulation of approved substances and devices for self-administration “(1) The Secretary of State must by regulations make provision about approved substances. (2) The regulations must make provision about— (a) the supply or offer for supply, or administration, of approved substances; (b) the transportation, storage, handling and disposal of approved substances; (c) the keeping of records of matters relating to approved substances. (3) The regulations may in particular make provision— (a) about the manufacture, importation, preparation or assembly of approved substances; (b) for or in connection with the monitoring of matters relating to approved substances; (c) requiring persons specified in the regulations, in specified cases, to give information to the Secretary of State. (4) The regulations may in particular— (a) make provision relating to approved substances that is similar to, or that corresponds to, any provision of the Human Medicines Regulations 2012 (S.I. 2012/1916); (b) make provision applying any provision of those Regulations, with or without modifications, in relation to approved substances. (The regulations may also amend the Human Medicines Regulations 2012.) (5) The Secretary of State may by regulations make provision about devices made for use or used for, or in connection with, the self-administration of approved substances. (6) Regulations under this section must make provision about enforcement (which must include, but need not be limited to, provision imposing civil penalties). (7) Regulations under this section may make any provision that could be made by an Act of Parliament; but they may not amend this Act. (8) In this section “device” includes information in electronic form for use in connection with a device.”—(Kim Leadbeater.) This new clause (which is intended to replace clause 34) imposes a duty to make regulations about approved substances, and a power to make regulations about devices intended for use, or used, in connection with the self-administration of approved substances. Brought up, and read the First time.