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First Report Contents

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Instruments of interest

Draft Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022

13.This Order aims to clarify the governance arrangements of registered pharmacies in law, specifically in relation to the two distinct roles of the Responsible Pharmacist and Superintendent Pharmacist, and then allow professional regulation to define the details of how those roles are fulfilled.

14.We note that several proposals were not popular with respondents to the consultation exercise7 on the grounds that they may reduce patient safety, particularly provisions allowing Superintendent Pharmacists to cover more than one firm and Responsible Pharmacists to cover more than one pharmacy or to operate remotely. We also note significant levels of distrust from the profession that the regulator, the General Pharmaceutical Council (GPhC), would be able to set standards and rules appropriately. We found the response of the Department of Health and Social Care (DHSC) to these concerns, as set out in the Explanatory Memorandum, unconvincing.

15.In supplementary material, DHSC told us that to counter the concerns the GPhC will be required to consult on any proposed rules, which will provide the profession with an opportunity for scrutiny and comment. In addition, any changes to professional rules made by the GPhC would need to be made by a statutory instrument following the negative resolution procedure in Parliament. This is more reassuring. And, of course, when such an instrument is laid before Parliament, this Committee will have an opportunity to comment on it and on the accompanying EM which, we trust, will provide a full explanation of how DHSC has addressed concerns from within the profession.

Russia (Sanctions) (EU Exit) (Amendment) (No. 9) Regulations 2022 (SI 2022/477)

16.These Regulations require social media service providers (such as Facebook, Twitter or TikTok), internet access service providers (for example BT, Virgin, EE and Vodafone) and app store providers (such as Apple and Google Play) to take reasonable steps to prevent material from designated persons appearing on their service and to prevent UK users from accessing it. Ofcom have made clear that enforcement will be directed at these providers, rather than the designated persons.8 An email address has also been publicised for the public to inform Ofcom about any internet service being provided by designated persons: russiasanctions@ofcom.org.uk. On 3 May 2022 the Foreign Secretary designated TV Novosti (parent body of the Russian TV network RT) and Rossiya Segodnya (parent body of the Russian news agency Sputnik) and added them to the UK Sanctions website.9

17.On 2 March 2022, the EU introduced its own sanctions against RT and Sputnik. The EU measure prohibits broadcasting as well as distribution of content online.10 The Foreign, Commonwealth and Development Office told us that while Ofcom may wish to discuss how the EU measures are being enforced with EU National Regulatory Authorities, the UK measures are able to operate and be enforced independently.

Genetically Modified Food and Feed (Authorisations) (England) Regulations 2022 (SI 2022/486)

18.The British feed industry has expressed concerns to the Department for Environment, Food and Rural Affairs about risks to certain supplies, particularly of maize, as a result of the conflict in Ukraine. In consequence this instrument authorises the importation and placing on the market of nine Genetically Modified Organisms (GMOs) for food and feed uses: four are new authorisations of maize, four are renewals of previous maize authorisations and one is a new authorisation of soybean. Equivalent legislation will be made in Wales and Scotland and the authorisations each last for 10 years.

19.All nine of these GMOs for food and feed uses have been authorised for use in the EU. The Food Standards Agency has independently reviewed the supporting documentation for the European authorisation and has concluded there are no concerns relating to the environment.11 These GMOs are for import only and not for cultivation in the UK. This will be the first set of regulated GMO products to go through the national authorisation process since the UK left the EU.

Export Control (Amendment) Order 2022 (SI 2022/491)

20.This Order brings into force legal powers to control the export of certain goods, software or technology to countries which are subject to a UK embargo or an arms embargo imposed by the Organization for Security and Co-operation in Europe or the United Nations Security Council where the goods are not currently subject to export controls but may be intended for use by military forces, para-military forces, police forces or security or intelligence services. Licences will be required for such exports, and the Government will consider with respect to each licence application whether a proposed export will pose a threat to national or international security, international law or human rights.

21.According to the Department for International Trade, the goods that fall under the new control power may include, for example, surveillance equipment that can be used for internal repression purposes, or advanced computing equipment that can be used to enhance military research and intelligence gathering but that does not meet the required technical specifications of current export controls. The Order also adds China and its Special Administrative Regions (Hong Kong and Macao) to the list of countries that are embargoed destinations and subject to transit controls for military goods, thereby giving them the same status as other countries subject to an arms embargo.

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