HC Deb 12 June 1961 vol 642 cc11-2
11. Mr. K. Robinson

asked the Minister of Health why he has instructed hospital authorities to discontinue the purchase of all patented drugs from unlicensed sources, in view of the fact that he proposes to invite tenders centrally for only three groups of such drugs.

Mr. Powell

Because it is better that the procedure should be applied centrally.

Mr. Robinson

Do I take it from that reply that it is the Minister's intention to invite tenders for all the drugs which some hospital authorities have been buying from Continental sources in the past?

Mr. Powell

I have not limited my action in advance to the three drugs for which I have asked for tenders, and, whenever I see reason to think that the procedure would be appropriate, I shall consider its application.

Mr. Robinson

There are other groups of drugs which are being bought now. Is the Minister aware that he has now said that the action taken by individual hospital authorities was perfectly proper and within the terms of the Patents Act? In that case, why has he stopped them purchasing in advance of his taking centralised action himself?

Mr. Powell

In the Government's view, this is the only appropriate way in which drugs could be purchased from unlicensed sources. In reply to the first part of the hon. Gentleman's supplementary question, whenever it is brought to my attention that there is a case for applying Section 46, I shall consider it, without prejudice.

Dr. Stross

Is the Minister aware that, of course, his method of buying drugs from unlicensed sources will give justice to the patent holders, for it assures them that they receive their royalties, and that it is a proper thing to do; but will he say why he included in the first three groups the drug called hydrochlorothiazide which has not yet been patented?

Mr. Powell

Because it belongs to the same group as another drug which it was desired to cover, and it was thought proper to call for tenders for both at the same time.

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