The UK's controversial drug pricing deal with the US has sparked a legal battle, with campaigners threatening to take the government to court. The deal, which aims to ensure tariff-free pharmaceutical exports to the US for three years, has raised concerns about the potential loss of the National Institute for Health and Care Excellence (NICE)'s independence. NICE, a respected body that determines the cost-effectiveness of drugs for the NHS, could be overridden by the health secretary, according to the agreement. This move has been labeled an "unlawful power grab" by campaign groups Global Justice Now and Just Treatment, who argue that it undermines the NHS's ability to negotiate drug prices effectively.
The campaigners are demanding that the government scraps the statutory instrument, which grants ministers the power to overrule NICE, or face a judicial review in the high court. They claim that the change in drug approval processes could lead to the NHS paying even higher prices for treatments, putting patients' lives at risk. Nick Dearden, director of Global Justice Now, expresses his outrage, accusing the government of "gambling with NHS patients' lives in a geopolitical game with Donald Trump" and risking the "carefully worked-out mechanism for keeping a lid on big pharma's overinflated prices."
The legal challenge is supported by lawyers from Leigh Day, who have sent a "letter before claim" to the Department of Health and Social Care (DHSC). Former Conservative health secretary Andrew Lansley has also joined the fray, stating that the statutory instrument is unlawful due to its conflict with the Health and Social Care Act 2012. This legal opinion is shared by MPs from various parties, including Labour, who have expressed concern over the secrecy surrounding the deal and the government's refusal to disclose its impact assessment or engage in parliamentary debates.
Diarmaid McDonald, director of Just Treatment, emphasizes the potential harm to the NHS and democracy, stating, "They've refused to publish their own assessments of the damage the deal will do to the NHS and they've used a parliamentary process designed to make it extremely difficult for MPs to properly scrutinize what they are up to."
Despite the legal threats, the government maintains that the deal will benefit patients by providing access to innovative medicines. A DHSC spokesperson assures that NICE's independence will remain intact, emphasizing its role in setting guidance and recommendations free from political interference. However, the campaigners remain steadfast in their pursuit of legal action, determined to protect the NHS and ensure that patients' interests are not compromised.
