27 Feb 2003 : Column 470 As my hon. Friend said, I stated in a recent parliamentary answer that there has been a small study in the United States that investigated ear piercing and tattooing in patients with congenital heart disease .In that study, no patients experienced serious infections following ear piercing and tattooing, although a quarter of them experienced minor local skin infections following ear piercing. As my hon. Friend said, there have been a small number of case reports abroad of endocarditis - infection of the heart valves and perhaps the heart lining - in people with congenital heart disease following skin piercing. My hon. Friend asked whether the Department of Health can carry out more investigation into the extent of difficulties that arise as a result of skin piercing. I am pleased to tell her that we are considering the feasibility of a special study in that area. I have asked my officials to look into that, because it is important that we have an evidence base on the extent of those problems. My hon. Friend"s information about the GP survey is tremendously interesting, as it reveals the extent of problems in the Greater Manchester area. Non-infectious complications can result directly from body piercing, and include swelling around the piercing and allergic reactions to jewellery, metal and antiseptics. Serious complications, as far as we know, are uncommon, according to case reports in the published literature and surveillance by the Public Health Laboratory Service. Nonetheless, it is vital that we have the right measures in place to ensure public protection. A pressing question for us is how to regulate body piercing businesses in the face of those possible risks. We have a legislative framework in place that facilitates the promotion of safe and hygienic practice to try to minimise those health risks. We intend to strengthen that framework, as I shall explain. Local authorities have powers under specific and general legislation to regulate cosmetic body piercing businesses. In London, local authorities may regulate those businesses by licensing and inspection, or by registration, byelaws and inspection, depending under which legislation they have chosen to proceed. The vast majority of London local authorities have adopted licensing powers, and can set the conditions under which a licence is granted. Licence conditions may cover matters such as cleanliness, hygiene of the premises, and equipment and its safety. Local authorities can refuse to grant, renew or transfer a licence, or they can revoke a licence if they are not satisfied that the business will provide a safe and hygienic service. My hon. Friend is right that local authorities outside London do not have specific powers to regulate cosmetic body piercing businesses. When the legislation governing skin-piercing businesses outside London was introduced in 1982, I think in the Local Government (Miscellaneous Provisions) Act 1982, cosmetic body piercing was not widely known about or practised to the extent that it is these days. My hon. Friend will recognise that many - probably most - cosmetic body piercing businesses also carry out tattooing or ear piercing. Such businesses often operate side by side in the same premises. 27 Feb 2003 : Column 471 Local authorities outside London have powers to regulate by registration and byelaws both ear piercing and tattooing. Local authorities therefore have the opportunity to work with businesses that offer cosmetic body piercing together with tattooing or ear piercing to provide safe and hygienic practices. That will be to the benefit of all their customers, whether they come for tattooing, ear piercing or cosmetic body piercing. In addition, local authorities can use general enforcement powers under health and safety at work legislation. That allows them to use improvement and prohibition notices and ultimately to prosecute cosmetic body piercing businesses if they judge that there is a risk to customers" health and safety. Sometimes the health and safety powers are under-utilised, perhaps because local authorities do not see them as local government powers, but they exist and they are extremely strong powers in terms of improvement and prohibition notices. Local authorities can use those powers if they are appropriate. There was a consultation exercise on these matters in 1996. Following that consultation, we concluded that there should be primary legislation to give local authorities outside London the specific powers that they lack to regulate cosmetic body piercing businesses. As my hon. Friend said, we have been trying to find parliamentary time to ensure that that happens. We know that there is substantial support from local authorities and from businesses for such legislation. The good businesses in operation want to ensure that they are providing excellent and safe practices. There has been heavy pressure on parliamentary time. I cannot be precise about when it might be possible to introduce legislation, but we shall take every opportunity that we can. My hon. Friend mentioned the Local Government Bill. If possible, we want to pursue that, but I cannot give a commitment at this stage. That does not mean that cosmetic body piercing businesses outside London are entirely regulated. There are powers in place for local authorities to inspect, advise and, if necessary, enforce the legislation. The framework enables local authorities to play a role in driving up standards and promoting good practice. It is important that we build constructive partnerships with the businesses and get the proper advice out to the public. My hon. Friend referred to the voluntary registration scheme and code of good practice introduced by Sheffield city council for body piercing businesses. We are also aware that some local authorities have produced information for the public on the risks of body piercing and how to choose a reputable body piercer. In Bury and Rochdale councils area and in Southampton such guidelines and information for the public have been introduced. The Department of Health has used the Bury and Rochdale body piercing leaflet as an example of good practice in our recently issued strategy on hepatitis C. It is important that we encourage local authorities to issue such information. Action is being taken by industry bodies such as the Association of Professional Piercers and the European Professional Piercers Association, which have also produced good practice guidelines. Those need to be 27 Feb 2003 : Column 472 distributed widely. There has also been guidance from the Health and Safety Executive, which in October 2001 produced updated guidelines. Those guidelines should assist local authorities in advising businesses on issues such as hygiene practice, treatment of customers with existing health conditions, after-care, and adopting a reasonable approach to age of consent issues. All these measures and activities should help in promoting safe practice. That must include prospective customers being made aware of the potential health risks of body piercing, the relevance of existing health conditions, the need for medical advice, and the proper after-care of the piercing to reduce the risk of infection. Those are all aspects that my hon. Friend highlighted in her contribution. On the age of consent, I know that my hon. Friend is concerned about young children having body piercing done without parental consent, in terms of whether that is appropriate and also because of the possible health risks. Overall, Government policy on the age of consent is the responsibility of the Home Office. However, let me explain the position on skin piercing. |
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