Billy Kelleher (Cork North Central, Fianna Fail) | Oireachtas source

We must take a stand on this issue. I oppose section 5 in view of the fact that none of my amendments were accepted. I cannot accept a section that does not address the concerns that I and many Deputies on this committee, as well as the general public, have. Eminent clinicians are also exceptionally concerned about the issue of bioavailability of particular epilepsy drugs.

In the interest of alleviating concerns - and it is not only a question of concern and disquiet - I cannot in conscience support legislation that overrules strong clinical advice from eminent neurologists and others who are closely associated with this area and who work with patients suffering from epilepsy. Many people make the mistake of thinking that those who are campaigning for the inclusion of our amendments to the legislation support the idea that epileptics must always take advanced drugs and are concerned that they might be moved to generic drugs. However, that is not the case. Many epileptic sufferers use generic drugs already but they are suitable for their condition as they prevent them from going into seizure frequently. The idea is not that all those who suffer from epilepsy are on high-end drugs and that as a result of a change in the legislation they will all be on cheap drugs. That is not their concern. Their concern is that they will not be able to remain on the drugs they are currently on, some of which are generic, and that there may be obligations as a result of the legislation to change from one generic to another generic. That is the clear issue of concern here.

Eminent people, representatives of organisations and professionals have appeared before this committee. We have had numerous representations from individuals who are extremely concerned about this. There are also organisations and advocacy groups representing other patient cohorts which have not raised concerns, because most people subscribe to the idea that we, in our role of overseeing the spending of taxpayers' money, will campaign for the use of generic drugs.

I have considered publishing a Private Members' Bill to ensure that we have generic substitution where possible and feasible. However, with regard to people who suffer from epilepsy, there is a clear body of evidence across the water in the UK. Nothing in section 5 gives me any reason to do other than object to it and call a division. The issue is to do with bioavailability. The Minister knows about this and obviously he has been well briefed on it, but that is the issue of the concern. The fact that we cannot move our amendments to section 5 means that I must oppose the section in its entirety because of the concerns of those on anti-epileptic drugs and the fact that no genuine effort is being made, not to appease them but to address them.