New Clause 11
Health Bill [Lords]
3:45 pm
Stephen O'Brien (Shadow Minister, Health; Eddisbury, Conservative)
I beg to move, That the clause be read a Second time.
The new clause proposes to decriminalise pharmaceutical errors, so that single dispensing mistakes are treated in the same way as errors in other medical professions. It is grossly disproportionate that errors committed by pharmacists are automatically deemed criminal offences, when those of doctors and other medical professionals are not.
My reasons for moving this clause are twofold. First, the criminalisation of pharmaceutical errors stems from antiquated legislation that bears little relevance to modern pharmaceutical practices. The Medicines Act 1968 has not been adjusted to accommodate the progress made in pharmaceutical services over the past 40 or so years. Secondly, the legislation fits rather uncomfortably with the Government’s intention to expand the role of the pharmacist to include enhanced services such as smoking cessation clinics. If pharmacists are to take on increased responsibilities that extend their contact with patients, they should be entitled to the same safeguards as the medical profession.
I am sure that the Minister will be well aware of the history and background to all this—the representations to the Royal Pharmaceutical Society, in particular in the case of Elizabeth Lee who, despite doing all the right things in trying to atone for her mistake, none the less ended up with a prison sentence. Most dispensing will take place where humans have to make the final decisions about the counting and handing out of medications, so human error will be a factor.
Equally, the Minister will be aware that early-day motion 1561 has been tabled and has attracted a number of signatures. Therefore, in the context of the positive role of pharmacists, I hope that the Minister will be able to look favourably on this proposed clause. I think the Government are already signalling that they want to move in this direction, and we have long had the Medicines and Healthcare products Regulatory Agency. While the Government are consolidating and reviewing the legislation, this clause—with these positive signs of potential change—gives the Minister an opportunity to take prompt action. I hope that he will therefore support it.