I am very grateful to the noble Lord for his comments. The Committee will not know, but he mentioned to me beforehand that he might raise products from other jurisdictions and that I might have to write to him. I should just like to say that his prediction was right: I will have to write, but I shall say a couple of things briefly.
As far as product safety from other jurisdictions is concerned—I will come to the European Union and other jurisdictions later in my closing remarks—there is a scheme for implant cards. I mentioned at the beginning that this SI will, in all probability, be the first of a number which will, at some point, cover putting implant cards into products so that their exact provenance can then be traced. If something comes from another jurisdiction that does not use that method, obviously I hope that that is in itself a way of ensuring some level of safety.
We have both mentioned pelvic mesh, for instance, which has been absolutely deadly. I will say something about that in a minute, but a few years ago there was another scandal involving really nasty breast implants which leaked. When this is fully rolled out, if a woman has a breast implant, we will have the implant card attached to the product and its provenance can be immediately seen: you can see exactly where it came from. That will hopefully ensure an increased level of safety.
As far as the victims—I think that “victims” is the right description—of pelvic mesh are concerned, I know that this has been going on for a while, but the Government are now looking at various options and, at some point in the near future, there will be an announcement on what exactly will be done.
This instrument marks an important change in how we manage medical devices in Great Britain. It will enable not only the MHRA but the whole of the health system to better protect patients. That is what this entire SI is about. The Government acknowledge that patient safety remains paramount, and these regulations must be carefully balanced to support innovation and ensure patients have access to the most effective medical devices.
Where appropriate, the new draft PMS regulations align with international requirements—which the noble Lord mentioned—helping to support the availability and favourability of the Great Britain market and reduce the additional burden on manufacturers supplying medical devices across multiple jurisdictions. The new PMS requirements will also provide a level of regulatory certainty for manufacturers, hopefully making the UK a more attractive location to launch their products.
As I mentioned in my opening comments, this draft statutory instrument represents the first legislative step towards broader medical devices regulatory reform. It will create a strong foundation for further regulatory amendments that enhance the safety of medical devices, ensuring their availability and supporting innovation. It will do this by introducing measures for medical devices after they are placed on the market.
The MHRA is also developing measures for medical devices before they are placed on the market, with the intention to lay additional draft legislation before Parliament in 2025. As I mentioned at the beginning, this will include measures for unique device identifiers—implant cards—and new rules to ensure that claims are consistent with the intended purpose of a device, although there is already existing legislation that covers that to a degree. It will also deliver changes to the classification of some medical devices.
As part of this subsequent legislation, we intend to introduce a framework for international reliance that takes into account, where it is safe to do so, decisions made by comparable regulators in Australia, Canada, the EU and the USA when determining whether a product can be sold in the UK.
Delivering these regulations first, ahead of wider regulatory reform, enables this framework by providing the MHRA with stronger assurance that devices are safe and perform as intended. It demonstrates the Government’s commitment to patient safety and responds directly to the Independent Medicines and Medical Devices Safety Review, which I and the noble Lord mentioned earlier, led by my noble friend Lady Cumberlege. The review highlighted the terrible consequences for patients when medical devices do not do what they are supposed to.
The MHRA has taken a pragmatic approach to the development of this instrument and prioritised patient safety while supporting global harmonisation across the UK medical device industry.
These regulations will be subject to a six-month implementation period. The majority of devices registered with the MHRA have EU regulatory approval and already comply, or are moving towards compliance with, EU PMS requirements. Therefore, given the similarity of these requirements with those in the EU, we do not expect manufacturers to have difficulty meeting these new GB requirements within this timeframe; however, the MHRA will continue to monitor the situation, and talk to and support industry to get it to readiness.
The MHRA is prepared for these regulations. The strengthened PMS requirements are expected to increase the volume of data and vigilance reports submitted to the MHRA. However, we anticipate that accompanying improvements to data quality will off-set this burden and support automation within the existing MHRA systems.
Before I move to my conclusion, there was one more point, about Northern Ireland. As the noble Lord mentioned, this SI, unlike the previous one, is covered by the Windsor Framework, so a separate process applies to Northern Ireland.
Having said that, I trust that we have demonstrated the need for these regulations to ensure that patients and the public continue to benefit from safe access to medical devices. As the first legislative step of the wider medical devices regulatory reform, this instrument will create a strong foundation and allow for future changes to enhance the safety of medical devices, ensuring their availability and supporting innovation. In turn, we intend to support our life sciences sector to create an environment that fosters safe innovation—I emphasise that.