HC Deb 06 December 1994 vol 251 c135
9. Mr. Michael

To ask the Secretary of State for Health what reassurance he can offer to practitioners in herbal medicine and their clients about the impact on them of changes to the Medicines Act 1968 consequent on European directive 93/39.

Mr. Sackville

I am glad to reassure the House that the position of herbal medicines under United Kingdom law is not affected by directive 93/39.

Mr. Michael

The Minister seeks to reassure people, but does he accept that his reassurances are meaningless because they can be challenged in the European Court and shown to be worthless? Why is it that, although Ministers tell us that they are not willing to be pushed around by Europe, we are rushing headlong into this legislation while Germany is delaying it by 10 years? Would it not be better to withdraw the statutory instrument and introduce one that gives specific assurances in respect of herbal medicines?

Mr. Sackville

The hon. Gentleman has chosen wholly to misunderstand the situation. On 20 October, I made it clear in a series of interviews that we would not be pushed by the Commission or anyone else into clearing the shelves of medicines or anything else. By 11 November, I was able to announce that the herbal medicines which were currently exempt would continue to enjoy that exemption under the directive; and on 16 November I wrote to all hon. Members to confirm that. I am glad to be able to say that only yesterday the British Herbal Medicine Association confirmed that it was happy to support the Government's conclusions.

Mrs. Ann Winterton

Is my hon. Friend aware of the continuing belief of many hon. Members and their constituents that stronger protection is required in respect of herbal medicines, stronger than that which he has identified and which he has accepted could be overturned by the European Court? Will he therefore refrain from introducing the statutory instrument until the European Commission can give the guaranteed protection that herbalists and their patients demand?

Mr. Sackville

There can be no clearer protection than the fact that those exemptions will continue under both United Kingdom and European law. What more does my hon. Friend want?