Written question asked by Lord Clement-Jones (Liberal Democrat), in the House of Lords. It was due for an answer on Friday, 11 June 1999. It was answered by Baroness Hayman (Labour) on Friday, 11 June 1999.

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Hayman, Baroness

Question

What legal advice they have received in connection with the legality under the Human Rights Act 1998 and the European Convention on Human Rights of the new procedures to be adopted by the Medicines Control Agency under the provisions of the Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999 (SI.267); and whether they will place a copy of all the legal advice given concerning this matter in the Library; and under what circumstances a notice, a threat of a notice or a request to cease advertising will be made by Ministers or Medicines Control Agency officials under Regulations; and whether the independent panel will have the right to consider whether such a notice, threat of issue of notice or request has been properly issued; and how, under the new procedures they will ensure that justice is not only done but is seen to be done and that the critical precedents needed to ensure consistency in future advertising decisions will routinely be made publicly available; and whether pre-publication approval of specific advertisements will be routinely undertaken by the Medicines Control Agency (MCA) secretariat; and if so, how the MCA will avoid pre-approvals by it unduly influencing decisions by the same officials following a complaint after publication of the advertisement on whether that advertisement is in breach of the Medicines (Advertising) Regulations; and whether the new procedures to be adopted give a company to whom the agency issues a notice that it is minded to take action the right to a full oral hearing before the independent review panel at which all evidence can be challenged and questioned. [HL 2783] [HL 2784] [HL 2785] [HL 2786] [HL 2787].

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Secondary information

Type

Written question

Reference

601 c176-7WA; HL 2783

Session

1998-99

Subjects

Advertising Drugs Legal opinion Medicines Control Agency Statutory instruments

Legislation

Medicines (Advertising and Monitoring of Advertising) Amendment Regulations 1999