Herbal Medicines

Lord Hunt of Kings Heath Excerpts

Wednesday 24th April 2013 Grand Committee

[Lord Hunt of Kings Heath]

My Lords, I should first declare an interest and I refer the Committee to my health interest in the register.

I am delighted to speak in this debate. I had ministerial responsibility for the regulation of herbal medicines a long time ago, but it was at the time when we first discussed the European directive. While I actually agree with almost everything that the noble Lord, Lord Pearson, has said, I do not quite agree with his opening remarks about the benefits or otherwise of the European Union. However, he speaks with a great deal of wisdom about a problem that we face.

I usually agree with the noble Lord, Lord Taverne. I have always enjoyed his interventions in your Lordships’ House on the side of rational thinking. However, I must depart from him today. Whether or not herbal medicines are effective, and that is of course open to legitimate debate, the issue we face is that an MHRA survey has shown that about a quarter of the population use over-the-counter herbal medicines. If that is going to continue, as I suspect it will, surely there is a responsibility on the part of the Government to make sure that arrangements are in place to ensure that they are safe as far as they can be, and that those people who prescribe and dispense such medicines are appropriately qualified and regulated. If the statutory register is not now to go ahead, one is left with the problem of the public continuing to purchase such medicines, as I am sure they will, but without the necessary statutory regulation. It is therefore important that we get a clear view from the Government today as to whether they will continue with proposals on statutory registration.

We were left with a very difficult problem with the European directive. To an extent, the provisions around traditional herbal medicines dealt with herbal medicines that had been on the market for a good many years—some 15 years, I think. However, it does not deal with the issue of new herbal medicines coming to market. For instance, if they had to go through the whole panoply of clinical trials, the cost would be prohibitive for a market that traditionally comprises small businesses. Even the licensing provisions for new herbal medicines are likely to cost several thousands of pounds. Again, that is very difficult for an industry that is essentially small-scale.

As a result of herbal medicines being brought within the Medicines Act 1968, which has been replaced by the European directive on traditional herbal medicinal products, this now prevents third-party manufacturing of herbal medicines being prescribed to patients by practitioners, as well as individualised herbal medicines prescribed by practitioners and manufactured by a third party. Both have been essential components in the supply chain for the past 40 years, with many practitioners relying on such services. Now those practitioners have to prepare medicines on their own premises. That is a real problem if those practitioners are not to be statutorily registered, especially in terms of public confidence.

The noble Lord, Lord Pearson, mentioned the ECJ ruling against Poland. I thought that this ruling was in relation to the parallel import of medicines. For the life of me, I cannot see why that should have an impact on the proposal for the statutory registration of herbal medicines. I know that there is an issue with parallel imports which the Government are right to be concerned about, but this is not essentially a matter of parallel imports.

Not having a statutory register will not curtail the use of herbal medicines, but it will increase the scope for unqualified herbalists to offer treatments and for customers to purchase unprescribed medicines over the internet. I know that the fear of the noble Lord, Lord Taverne, is that statutory regulation would legitimise a practice which he has cast doubt upon. However, I would ask him to consider the other problem, which is that if 25% of us use herbal medicines, is it not better to accept that they will continue to do so and put some statutory safeguards around that practice?

The benefit of regulation is that practitioners would be regulated by an independent regulator. I understand it is likely to be the Health and Care Professions Council. Of course, the HCPC is in expansionist mode, having just taken on social workers, much against my and many others’ better judgment. If it can take on social workers, it can certainly take on herbal medicine practitioners. Of course, the benefit of that is that it can strike someone from the register, prevent them from being called a herbalist, and thus give more confidence to the public. The noble Lord, Lord Taverne, will say that I am arguing his point for him and I recognise that by having statutory regulation the public are likely to have more confidence, but I think it is better that way than allowing herbal medicines to be purchased over the internet with all the problems that can arise. Many legitimate herbalists may go out of business, which would be a great pity.

I will end by making two points to the noble Baroness. First, why is her department refusing to meet the campaigners and indeed the noble Lord, Lord Pearson? As a Minister, I always met parliamentarians if they wrote to me asking for a meeting. I am very surprised that Ministers in the department have refused to meet the noble Lord, Lord Pearson. That is extremely bad form. Certainly they should meet with Michael McIntyre. I do not understand why the department has run away from such a meeting.

Secondly, there are obviously some very strong rumours that the department is going to drop this proposal. If that is the case, all that I would ask the noble Baroness is this. Would it not be sensible to meet with the noble Lord, Lord Pearson, and Mr McIntyre before a final decision is made? It would be only fair if there was some debate before such a decision is announced.

--- Later in debate ---

[Baroness Northover]

I am afraid that I cannot answer that very simple question. I may be inspired to do so shortly, but in the mean time I should say that this is a more complex area than that. Although I will be happy to come back to my noble friend, I think that there are a number of wider issues to look at.

[Lord Hunt of Kings Heath]

Perhaps I may also intervene briefly. I am most grateful to the noble Baroness for her answers, but can she be absolutely clear? Mr Lansley, when he was Secretary of State, announced an intention to implement a register by 2012. Does that mean that the Government are not going forward with it? I am not clear about this. The noble Baroness has said that she is not in a position to consult and has suggested that the Government are taking a new look at the relative risks. Can she help the Committee to understand whether in fact these rumours that the proposal has been dropped are correct?