Chamber
Meeting of the Parliament 14 June 2012
14 Jun 2012 · S4 · Meeting of the Parliament
Item of business
PIP Silicone Breast Implants
I will give the member my reasons for not doing so later.
We must remember that silicone implants carry an inherent risk to an individual’s health. No such implants are completely safe and the use of medical-grade silicone is just one way of reducing the risk and the potential harm to women. As the UK expert group concluded, there is no clear evidence of a materially greater risk to health being presented by PIP implants. Both Governments have accepted that there is no justification for routine replacement of implants on the NHS, and that conclusion is backed up by scientific and medical evidence.
That is not to say that we have heard the last word on the issue—of course not. The matter is still being extensively reviewed by Sir Bruce Keogh. Meanwhile, Earl Howe’s review, which was conducted through the UK Department of Health, made a number of recommendations to ensure that our processes are as strong as they can be. No system of regulation can guarantee absolute safety of medical products, but there are lessons to be learned and we await Sir Bruce’s conclusions, which will add to the body of information that we have on how best to move forward.
I accept Earl Howe’s conclusion that the MHRA’s communication to the German regulatory body that certified the implants for use was entirely reasonable and that the agency’s actions were based on a proper examination of the data available to it—data that have continued to be analysed.
I am aware of and understand the strength of opinion of campaigners in Scotland on the issue, particularly those who have been personally affected and whose health has been placed at risk by the actions of PIP and, potentially, a number of individuals in that organisation. That is why Sir Bruce Keogh’s review will take a rounded view of the situation, including the reported experiences of patients.
I understand that the PIP implant Scotland campaign called its recent discussions with the cabinet secretary productive. I am confident that the cabinet secretary will do all that she can to work with NHS Scotland in bringing forward any modification of its internal practices, which may need to be examined in light of changes brought about by the UK reviews.
In all that, the role of the Scottish Government will be to ensure that there is a robust framework of reporting and of implementing guidance between clinicians and the regulatory bodies. Primarily, however, we must note that if blame is to be attributed, it lies entirely and unequivocally with the manufacturer, which failed to show any regard whatsoever for the victims of its actions. It was an appalling, but thankfully rare, act.
That is fundamentally why we on the Scottish Conservative benches believe that a public inquiry in Scotland is not the correct way forward. Although we should review our practices, the most important investigation to be carried out will properly be a criminal one. To operate effectively, a regulatory regime must at some stage rely on a degree of good faith, and will sometimes need to operate on the assumption that that exists. That is reinforced by the threat of criminal prosecution and the penalties that exist when fraudulent practices are evident.
In the meantime, we can do little better than to repeat the clear advice that has come from the NHS, the MHRA and the Government—people who received PIP implants and who have any clinical questions or problems should contact their implanting surgeon.
The clear statement from the First Minister that NHS Scotland will step in and provide appropriate care if private provision fails—either by refusing care or by no longer being in existence—is of course welcome. However, it should be remembered that healthcare providers—as with all businesses that are involved in the supply of goods—are obliged by law to replace unsatisfactory goods that they have provided.
I will leave it at that just now and deal a little more with the on-going reviews in my closing speech.
10:52
We must remember that silicone implants carry an inherent risk to an individual’s health. No such implants are completely safe and the use of medical-grade silicone is just one way of reducing the risk and the potential harm to women. As the UK expert group concluded, there is no clear evidence of a materially greater risk to health being presented by PIP implants. Both Governments have accepted that there is no justification for routine replacement of implants on the NHS, and that conclusion is backed up by scientific and medical evidence.
That is not to say that we have heard the last word on the issue—of course not. The matter is still being extensively reviewed by Sir Bruce Keogh. Meanwhile, Earl Howe’s review, which was conducted through the UK Department of Health, made a number of recommendations to ensure that our processes are as strong as they can be. No system of regulation can guarantee absolute safety of medical products, but there are lessons to be learned and we await Sir Bruce’s conclusions, which will add to the body of information that we have on how best to move forward.
I accept Earl Howe’s conclusion that the MHRA’s communication to the German regulatory body that certified the implants for use was entirely reasonable and that the agency’s actions were based on a proper examination of the data available to it—data that have continued to be analysed.
I am aware of and understand the strength of opinion of campaigners in Scotland on the issue, particularly those who have been personally affected and whose health has been placed at risk by the actions of PIP and, potentially, a number of individuals in that organisation. That is why Sir Bruce Keogh’s review will take a rounded view of the situation, including the reported experiences of patients.
I understand that the PIP implant Scotland campaign called its recent discussions with the cabinet secretary productive. I am confident that the cabinet secretary will do all that she can to work with NHS Scotland in bringing forward any modification of its internal practices, which may need to be examined in light of changes brought about by the UK reviews.
In all that, the role of the Scottish Government will be to ensure that there is a robust framework of reporting and of implementing guidance between clinicians and the regulatory bodies. Primarily, however, we must note that if blame is to be attributed, it lies entirely and unequivocally with the manufacturer, which failed to show any regard whatsoever for the victims of its actions. It was an appalling, but thankfully rare, act.
That is fundamentally why we on the Scottish Conservative benches believe that a public inquiry in Scotland is not the correct way forward. Although we should review our practices, the most important investigation to be carried out will properly be a criminal one. To operate effectively, a regulatory regime must at some stage rely on a degree of good faith, and will sometimes need to operate on the assumption that that exists. That is reinforced by the threat of criminal prosecution and the penalties that exist when fraudulent practices are evident.
In the meantime, we can do little better than to repeat the clear advice that has come from the NHS, the MHRA and the Government—people who received PIP implants and who have any clinical questions or problems should contact their implanting surgeon.
The clear statement from the First Minister that NHS Scotland will step in and provide appropriate care if private provision fails—either by refusing care or by no longer being in existence—is of course welcome. However, it should be remembered that healthcare providers—as with all businesses that are involved in the supply of goods—are obliged by law to replace unsatisfactory goods that they have provided.
I will leave it at that just now and deal a little more with the on-going reviews in my closing speech.
10:52
In the same item of business
The Deputy Presiding Officer (John Scott)
Con
The next item of business is a debate on motion S4M-03294, in the name of Jackie Baillie, on women’s health.10:27
Jackie Baillie (Dumbarton) (Lab)
Lab
I welcome the opportunity to debate the PIP breast implant scandal.I welcome some of the women who have been caught up in the scandal, who are here today cam...
The Minister for Public Health (Michael Matheson)
SNP
I welcome the opportunity to have the debate. I also welcome those from the Scottish campaign group who have joined us for the debate. They have been at the ...
Dr Richard Simpson (Mid Scotland and Fife) (Lab)
Lab
One of our concerns is that the second Bruce Keogh review—not the toxicology review—is on cosmetic procedures only. There are many other procedures, such as ...
Michael Matheson
SNP
The review is dealing specifically with the issues that arise from the PIP implant matter, and we should give the review group the opportunity to consider th...
Nanette Milne (North East Scotland) (Con)
Con
I thank Jackie Baillie for bringing forward the debate, because although we do not agree with her conclusions on the issue we think that it is important that...
Jackie Baillie
Lab
In recognising the scale of the problem, does the member support a public inquiry being held at UK level?
Nanette Milne
Con
I will give the member my reasons for not doing so later.We must remember that silicone implants carry an inherent risk to an individual’s health. No such im...
Fiona McLeod (Strathkelvin and Bearsden) (SNP)
SNP
We are in a serious and worrying situation, so I am glad that we are having this debate. We should take the opportunity to reassure the many women out there ...
Jackie Baillie
Lab
I was quoting the cabinet secretary, who has consistently said that we would perhaps be safer using the upper limit, which is 4,000 women.
Fiona McLeod
SNP
Thank you, Ms Baillie. I confess that I was not at the Health and Sport Committee meeting that day—I was in hospital getting my gallbladder removed. However,...
The Deputy Presiding Officer (Elaine Smith)
Lab
Come to a conclusion, please.
Fiona McLeod
SNP
I contend that the EU and the UK have swung too far towards self-regulation and self-policing. Given that Scotland has no voice in Europe and only a small vo...
Mary Fee (West Scotland) (Lab)
Lab
When I first heard about the PIP silicone scandal, I was shocked. I still cannot comprehend the feelings of anguish and worry that must have been—and still a...
Margaret Burgess (Cunninghame South) (SNP)
SNP
I can only imagine the stress and anxiety that are felt by women who have PIP breast implants. For some time, they have lived with that worry day and daily. ...
Dennis Robertson (Aberdeenshire West) (SNP)
SNP
I, too, welcome members of the campaign to the chamber. However, although I have a great deal of sympathy for their situation, I am not sure that a public in...
Jackie Baillie
Lab
I did not invent the 4,000 figure; it actually came from the member’s own Cabinet Secretary for Health, Wellbeing and Cities Strategy. Nevertheless, the poin...
Dennis Robertson
SNP
As I said, the 4,000 figure came from the UK Government and relates to the purchase of implants. The cabinet secretary was quite right to highlight the upper...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab)
Lab
I first became very concerned about the issue a few weeks ago when a constituent came to one of my surgeries and showed me photographs of two breast implants...
Maureen Watt (Aberdeen South and North Kincardine) (SNP)
SNP
There has been much debate about exactly how many women in Scotland, the UK and across Europe might be affected. Those numbers remain unclear, but we can be ...
The Deputy Presiding Officer
Lab
We turn to the closing speeches. I call Nanette Milne. You have up to five minutes.11:17
Nanette Milne
Con
This has been a worthwhile, interesting and considered debate with good speeches from members in all parts of the chamber. As I said previously, it is import...
Jackie Baillie
Lab
This is not about apportioning blame, but about learning lessons of responsibility for the after-care of the women so that the same mistakes do not happen in...
Nanette Milne
Con
I appreciate that, but I still think that the on-going work and its conclusions will satisfy.It is certainly true that we can continue to improve regulation ...
The Deputy Presiding Officer
Lab
I call Michael Matheson. I can give you around seven minutes, minister.11:22
Michael Matheson
SNP
Thank you, Presiding Officer.It has been a useful debate. I think that, on reflection, most members would recognise that this is an issue that goes beyond pa...
Jackie Baillie
Lab
Will the minister take an intervention?
Michael Matheson
SNP
I am very short of time and I want to cover as many points as I can.A number of members mentioned the introduction of a register. Some members may be aware t...
Dr Richard Simpson (Mid Scotland and Fife) (Lab)
Lab
As all members have acknowledged, this has been a useful debate, but some questions remain unanswered.Why should there be an inquiry? Why should we not just ...