HL Deb 15 March 1999 vol 598 cc58-9WA
Lord Harris of Haringey

asked Her Majesty's Government:

How many times they have sought an injunction to prevent the publication of an advertisement for a medicinal product. [HL1428]

Baroness Hayman

To date there has been no need to seek an injunction to prevent the issue of an advertisement for a medicine. The circumstances in which this route would be used are expected to be rare. The control of medicines advertising focuses on monitoring, and responding to complaints about, published advertisement.

Lord Harris of Haringey

asked Her Majesty's Government:

Why they have deemed it necessary to introduce Regulation 13 of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (S. I. No. 267); why there is no appeal to the courts proposed in respect of Regulation 13; and what are the implications of the Human Rights Act 1998 for Regulation 13. [HL1429]

Baroness Hayman

The Amendment Regulations fully implement Directive 92/28/EEC on the advertising of medicines and make explicit current powers of the Medicines Control Agency. In response to concerns expressed by industry following consultation, the regulations introduce significant safeguards for advertisers prior to any final decision being reached. Regulation 13 gives effect to a process of review of preliminary decisions and ensures opportunity for re-examination of advertising. Detailed proposals for the independent panel which will review preliminary decisions on advertising will be available shortly.

The interpretation of legislation will remain a matter for the courts. Our legal advice is to the clear effect that the proposals are compatible with both Community law and the European Convention on Human Rights. Recital 11 and Article 12 of Council Directive 92/28/EC and Article 5(3) of Council Directive 84/450/EC make it clear that the proposed procedures and judicial controls were contemplated when those directives were adopted by the Council of Ministers. It is normal and appropriate for administrative authorities to exercise decisionmaking powers in a technical area of this kind subject to the supervisory jurisdiction of the High Court in judicial review proceedings.