ORAL CONTRACEPTIVES (Hansard, 28 November 1962)

§ BARONESS SUMMERSKILL
My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

§ THE PARLIAMENTARY SECRETARY, MINISTRY OF HEALTH (LORD NEWTON)
My Lords, under the Poisons Rules, 1960, oral contraceptives are restricted to sale or supply on prescription only. The decision when to prescribe these, like other drugs, is the responsibility of the patient's doctor, and in exercising his clinical judgment he will no doubt take account of reports and views expressed from time to time about their use.

§ BARONESS SUMMERSKILL
My Lords, the noble Lord will recall that last year the President of the Royal College of Physicians, Sir Charles Dodds, said about these drugs that one could not judge from the surface of the patient what was happening below but the result might be disastrous? Now various doctors have reported that there is, or there might be, thrombosis in those patients when taking these drugs. In view of the fact that the Medical Research Council are now suspicious and 1204 have set up a Committee, on which Sir Charles Dodds is serving, to examine this, would not the noble Lord agree that we surely should withdraw these contraceptives from distribution pending their report? That is common sense.

§ LORD NEWTON
My Lords, the Government have no power to restrict the prescription or the distribution of this drug or any other such drug. As regards the Medical Research Council Committee, its terms of reference are in fact much wider than suggested by the noble Baroness in her Question. They are to advise and assist the Council in promoting research into the possible long-term effects of administration of steroid sex hormones. I should think that that investigation may well take quite a long time. There are, of course, different professional opinions about these oral contraceptives. We know the views of the noble Baroness; but there are also the views of the Family Planning Association, of which the President is the noble Lord, Lord Brain. He spoke about these oral contraceptives in your Lordships' House in a debate on June 6, and explained then why the Family Planning Association held the view that the pill could be suitably used in the conditions which he laid down.
May I go on to say that I think the noble Baroness does useful service in drawing attention to the factors which have to be considered by doctors before they make up their minds whether or not to prescribe these pills, but I should think that this subject has been discussed so much now that there cannot be any doctor in the country who would not know exactly what he was doing when he made up his mind, if he did, to prescribe them in any particular case?

§ BARONESS SUMMERSKILL
My Lords, is the noble Lord not aware that this matter has been discussed so much throughout the world that the United States introduced legislation in September of this year, and that in the last three weeks Denmark, Sweden, Italy and Holland have introduced rules which will prevent the pharmaceutical industry in those countries from distributing drugs without the most detailed clinical tests? Why is it that our country, of all the Western countries, has failed to take any action to control this industry?

§ LORD NEWTON
My Lords, I think the noble Baroness has now got on to a rather different question, because I think she is referring now to new drugs.

§ BARONESS SUMMERSKILL
NO. I took this one as an example, if I may say so—this is such a serious matter—because Sir Charles Dodds is the most eminent endocrinologist in the country and he has said that the result may be disastrous. I took it as an example of the present position, of the lack of control of drugs which are being distributed, of which people are suspicious and of which the most eminent people are suspicious.

§ LORD NEWTON
My Lords, it seemed to me—perhaps I was wrong—that the noble Baroness in her previous supplementary question was speaking about new drugs. We must distinguish between new drugs—that is to say, drugs which have just had their laboratory tests and may be going to be subjected to clinical use—and drugs which have been used and prescribed for some time. These oral contraceptives come into this later category. So far as new drugs are concerned, I replied on the 6th of this month to a Question by my noble friend Lord Grenfell about the position which we have reached so far, and I have no doubt that the noble Baroness read it in the OFFICIAL REPORT.

VISCOUNT ALEXANDER OF HILLS-BOROUGH
My Lords, I understood the Minister to say just now that the Government had no power to bring in an Order to prevent the distribution of drugs which are proved to be harmful. But surely there is a range of Statutes dealing with poisonous drugs, and in a matter of this urgency both Houses of Parliament would pass all that the Government wanted within 48 hours.

§ LORD NEWTON
My Lords, as I understand the position, legislation would be required to prohibit the distribution or prescription of these oral contraceptives.

VISCOUNT ALEXANDER OF HILLS-BOROUGH
Exactly. I was just saying that I am certain that the Houses of Parliament would give such authority within 48 hours to try to prevent not only the dangers that occur from these things but the frightful products resulting from them.

§ LORD NEWTON
My Lords, I frankly am doubtful whether the Government would be justified in seeking legislation.

§ LORD OGMORE
My Lords, may I ask the noble Lord whether, if these pills are prescribed, they are paid for by the National Health Service?

§ LORD NEWTON
My Lords, these pills, like any other drug, can be prescribed under the National Health Service if a doctor considers that there is a good medical reason for prescribing them.

§ LORD KILLEARN
My Lords, just to get this thing straight, did the noble Lord state as a fact that the Government cannot forbid the sale of any drug, even if they think it is undesirable: that they have not the power?

§ BARONESS SUMMERSKILL
They have not the power.

§ LORD KILLEARN
If that is so, is it not a very odd state of affairs?

§ LORD NEWTON
I have just said that I think it is very doubtful whether there is justification for introducing legislation.

§ LORD KILLEARN
My Lords, if I may clear this up, I was not trying to intervene on the particular point of the Question at all, but on the general right of the Government to stop the sale of a drug of which they disapprove; that is all; and I understand that the Government do not have that right.

§ LORD NEWTON
That is correct.

§ BARONESS HORSBRUGH
My Lords, could I ask the noble Lord whether he thinks the suggestion is that the Government should instruct doctors in future on what they are to prescribe?

§ LORD NEWTON
My Lords, I think that could be read into some of the questions that are being addressed to me, and I should think that it would be most undesirable for the Government to be in a position to interfere to such an extent in the professional field of doctors.

VISCOUNT ALEXANDER OF HILLS-BOROUGH
My Lords, may I say it seems extraordinary that the view is that this democratic Parliament cannot exercise powers on the same basis as the 1207 other democratic States which have been quoted in your Lordships' House this afternoon? Is it not time Parliament decided on this, and not the Government?

§ LORD NEWTON
My Lords, no doubt it would be within the competence of Parliament to legislate about this matter if it thought fit. All I am saying is that I am not convinced the Government would be justified in promoting legislation to do it.

VISCOUNT ALEXANDER OF HILLS-BOROUGH
Then could I ask whether the Minister could inquire at once as to whether, if we introduced a Private Bill, Parliamentary time would immediately be given?

§ LORD NEWTON
I think the noble Viscount knows as well as I do that that is not a matter for me; it is a matter for the usual channels. But my noble friend the Leader of the House is here, and no doubt he has heard what the noble Viscount has said.

§ VISCOUNT ALEXANDER OF HILLSBOROUGH
It is a shocking state of affairs.