Colm Burke (Fine Gael)

I welcome the Minister of State to the House and the initiative taken by Senators MacSharry and Crown in introducing the Bill. It is important that we debate the issue but I am concerned about the Bill. Section 3 states: "The Health Service Executive shall ensure that all prescribed medicinal products necessary for the treatment of cancer, as approved by the European Medicines Agency, are supplied to all persons who are cancer sufferers who require cancer treatment as certified by a registered medical practitioner." I know that the idea for the legislation by both Senators is very much on the side of the patient but the section will, if enacted, cause problems for the Department and the HSE. Litigation will follow from the Bill because it simply does not give any room for negotiation by the Department or the Minister on issues related to drugs. A drug manufacturing company could set its price for a drug because the legislation clearly states that once a drug is approved by the European Medicines Agency and is prescribed by one person then it must be provided. My problem is that the Bill removes all negotiating powers from the Minister and the Department when they deal with the drug manufacturers and distributors. The legislation would pass power to the manufacturers and distributors. The idea behind the legislation is welcome but my concern is that its format would create a legal problem.

I am always concerned about legislation that refers to regulation as is done in section 4. I have debated regulation here when a Member tried to introduce legislation to give a Minister the power to introduce a regulation on nursing homes. A lack of legislation led to the Department of Health having to pay back over €400 million between 2004 and 2008. Today I am worried about section 4.

Cancer care is an extremely important issue. We must be extremely proactive and give every possible support to the medical practitioners concerned. Over the past 20 years major progress has been made through their initiatives. They have taken on challenges and crossed the line when no-one expected them too. They provide a great level of care and support and have developed new drugs and treatment methods. That progress came as a result of dedicated and committed staff.

The HSE and the Department of Health have been proactive in making sure that we develop a far more comprehensive way of dealing with cancer. For instance, in 2007 services were re-organised in order to achieve better outcomes. Four designated cancer control networks and eight cancer centres with multidisciplinary teams were established. Before that only one or two people provided treatment in smaller hospitals but they did not have the necessary backup. There were a lot of complaints about the introduction of a new system in 2007 but it was the correct step forward and we have moved on. The bulk of the 2007 proposals have been put in place and have achieved the results that the programme was developed for.

The HSE's plan for the future has been clearly set out and will provide a continual assessment of new drugs as they become available. The Minister of State referred to the recruitment of a pharmacist that will lead to the development of more than 300 national treatment protocols and that is extremely important. There will be a development of national protocols for drug usage and to assist budget planning for the HSE in order to ensure that we get value for money. That too is extremely important. We have a large number of people to care for in this country and it is important that everyone can access care. With cancer care, time is of the essence and it is important that we have the facilities, personnel and can give support. We also need to be conscious of the careful use of available budgets and that funding is used efficiently. The problem with the legislation is that it does not give the discretion to the Minister to deal with drug manufacturers and distributors. Interestingly, over the next few years the patent for quite a number of drugs will expire and the Minister will be in a stronger position to negotiate. The Department will publish the health (pricing and supply of medical goods) Bill in 2012 within the next few weeks that will ensure that we reduce the cost of drugs used for medical treatment. At the same it will ensure that we get the best possible medication available for patients that require it. I am on the same side as the Minister of State on this occasion and I oppose the Bill.