asked Her Majesty's Government:

What functions and responsibilities the Secretary of State for Health has that apply in Scotland, Wales and Northern Ireland. [HL1244]

The Secretary of State for Health is responsible principally for health issues relating to England and for certain issues which are reserved in the different devolution settlements for Scotland, Northern Ireland and Wales. Reserved matters are for the United Kingdom Parliament and in general any executive functions are exercised by the Secretary of State for Health, other persons, bodies or authorities. The current position in relation to each devolved Administration is detailed as follows.

Scotland

In relation to health, Schedule 5 to the Scotland Act 1998 specifies the following matters as reserved to the UK Parliament and thus outside the legislative competence of the Scottish Parliament:

regulation of the health professions which were regulated prior to devolution;

misuse of drugs;

medicines, medical supplies and poisons;

embryology, surrogacy and genetics (including the subject matter of the Human Fertilisation and Embryology Act 1990);

welfare foods;

abortion;

xenotransplantation; and

the vaccine damage payment scheme.

Other health matters are generally within the legislative competence of the Scottish Parliament, though there is some flexibility in terms of functions and responsibilities.

Northern Ireland

Schedule 3 to the Northern Ireland Act 1998 sets out reserved matters on which the Northern Ireland Assembly would not normally legislate and could do so only with the Secretary of State for Health's consent, and subject to parliamentary control:

human fertilisation, embryology, surrogacy and human genetics; and

xenotransplantation.

Other health matters are within the competence of the Northern Ireland Assembly.

Wales

The majority of functions in relation to the provision of health services in Wales are now conferred directly on the Welsh Ministers under the National Health Service (Wales) Act 2006, the prime duty being that set out in Section 1, to continue the promotion in Wales of a comprehensive health service.

Schedule 5 to the Government of Wales Act 2006 sets out fields within which, with the agreement of the UK Parliament, legislative competence may be devolved to the National Assembly for Wales to make measures. The fields include health and health services, and social welfare. The UK Parliament retains legislative responsibility for such areas until legislative competence has been conferred by adding matters to the fields under Schedule 5. To date, legislative competence has been conferred with respect to NHS Redress (a matter inserted for field 9 (health and health services)).

Part 4 of the Government of Wales Act 2006 sets out the framework under which the Assembly's legislative competence may in future be broadened to encompass power to make Acts if approval is given in a referendum. However, certain health matters will still be reserved to the UK Parliament. These are listed in Schedule 7 to the Government of Wales Act 2006:

regulation of the health professions which were regulated prior to devolution;

misuse of drugs;

medicines, medical supplies and poisons;

human fertilisation, embryology, surrogacy and genetics;

welfare foods;

abortion;

xenotransplantation;

vaccine damage payments;

standards for, and testing of, biological substances; and

Health and Safety Commission, Health and Safety Executive and provision made by Health and Safety regulations.

International Obligations

While the settlements make clear that in relation to devolved matters, observing and implementing international obligations is within the competence of the administrations concerned, the UK Government are responsible for ensuring that international obligations are met across the UK. The Secretary of State has powers to enforce compliance with international obligations in respect of health and social care across the UK, covering devolved fields if necessary but, in the case of Scotland, the consent of the Scottish Parliament would generally be sought. In terms of the Scotland Act 1998 international obligations does not include European Community law and there is separate provision for this.