Medicines Control Agency

HC Deb 23 June 1999 vol 333 cc382-3W

Mr. Tredinnick

To ask the Secretary of State for Health what steps he is taking to ensure that the procedures to be adopted by the Medicines Control Agency under the provisions of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S.I., 1999, No. 267) accord with principles of natural justice and transparency. [86939]

Ms Jowell

[holding answer 14 June 1999]The Regulations clarify and strengthen existing procedures in the control of medicines advertising. We have clear legal advice that the proposals are compatible with both Community law and the European Convention on Human Rights.

There are specific circumstances under which notices may be issued to advertisers under the procedures in the amending Regulations. These are: Under paragraph 1—to request a copy of an advertisement; Under paragraph 3—to advise an advertiser that Health Ministers are "minded to" make a decision that an advertisement is in breach of the Advertising Regulations; Under paragraph 4—to advise an advertiser that an advertisement would not be in breach; and Under paragraph 5—to advise an advertiser that, after consideration of the advice of the Independent Review Panel Health Ministers have decided an advertisement is in breach.

Notices under paragraphs 1 or 3 may require an advertiser to cease advertising on an interim basis. At any stage, the recipient of a notice can seek judicial review of the decision to issue that notice.

The issue of notices under the Schedule will not be automatic—the Medicines Control Agency will continue, as now, to discuss problems with advertising with the company concerned so as to secure acceptable changes. The formal procedures will come into play only when informal negotiation fails to reach an appropriate outcome.

As regards transparency, reports of the Review Panel meetings will be publicly available. The MCA has also established a working group, the Medicines Advertising Liaison Group, to provide a forum for all regulatory and self-regulatory bodies concerned with the advertising of medicines to exchange information and opinions on issues.