HL Deb 31 March 1977 vol 381 cc1037-9

2.45 p.m.

Lord JACQUES

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

The Question was as follows:

To ask Her Majesty's Government when they intend to implement Part III of the Medicines Act 1968.

Lord WELLS-PESTELL

My Lords, a series of interrelated statutory orders and regulations is needed to implement Part III of this Act, and last March the Government opened consultations on the drafts of the main orders. Consultations have started on draft Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations, and further Instruments are being prepared. Her Majesty's Government intend to lay the whole series of Instru ments before Parliament during the course of the summer.

Lord JACQUES

My Lords, may I thank my noble friend for that reply? Is he aware that it is necessary that the uncertainty caused by the long delay in implementing this Part of this Act should be brought to an end as soon as possible? Secondly, could he give the House an assurance that, in making the regulations paramount concern will be given to the convenience as well as the safety of consumers?

Lord WELLS-PESTELL

My Lords, in reply to the first part of my noble friend's supplementary question, this has been going on a long time and the Government are fully aware of it, but the Medicines Commission set up two sub-committees and we are (shall I say?) in some difficulty in the sense that their members can give only a certain amount of time; they are people drawn from those professions which are competent in this field and who, therefore, can sit only at certain intervals. There are thousands of medicines which have to be examined by them in order to make sure which, in their view, must be sold by a pharmacist and which may be sold in other ways. This is part of the very real problem. It necessitates a good deal of consultation and discussion. With regard to the second part of my noble friend's supplementary question, we are aware that one must take into account the needs of the consumer, and this is certainly being borne in mind.

Lord DAVIES of LEEK

My Lords, anent the Answer given by my noble friend, would I be right in assuming that if Part III of this Act is implemented it would thereby enable certain drugs and medicines to be sold over the counter and to be advertised on television? And who vets the advertising of wonder drugs and the use of hyperbolic language in describing cheap drugs on television?

Lord WELLS-PESTELL

My Lords, there is a body known as, I think, the Advertising Standards Board. I do not know whether in fact they have any responsibility for this, but I will certainly make inquiries.

Lord DAVIES of LEEK

I thank my noble friend.

Lord WELLS-PESTELL

There is one proposal in particular which has given rise to controversy; namely, that there should be a ban on the self-service sale of analgesics such as aspirin and paracetamol. Noble Lords will know that some arrangement was entered into whereby they could be sold in drug stores provided, first, that the strength was not above a certain limit; secondly, that the containers in which they were sold were child-proof; and, thirdly, that they were not in containers containing more than 25 at a time. Following, the revised advice from the Commission, my right honourable friends the Health Ministers announced on the 24th February that they had decided that a ban on self-service sales was not necessary. That has given rise to all sorts of difficulties, because at the present moment medicines that can be lawfully sold in ordinary shops but which would be restricted to pharmacy sale or restricted if and when Part III is implemented, would comprise such things as eye drops or eye ointments, sedatives containing bromides and certain vitamin preparations. It really is a very difficult matter, my Lords.

Lord DRUMALBYN

My Lords, is the noble Lord aware that, so far as television advertising is concerned, to which I think the noble Lord referred, that is entirely the responsibility of the Independent Broadcasting Authority, subject to the control of the Minister?

Lord WELLS-PESTELL

My Lords, I am grateful. When I replied, I looked at the noble Lord in the hope that he would rise.