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Campaigners threaten legal action over UK-US deal on prices NHS pays for drugs
TL;DR
Campaigners are threatening legal action against the UK government over a drug pricing deal with the US that may increase NHS costs. They argue it unlawfully allows the health secretary to override independent pricing judgments by NICE.
Key points
- Campaigners threaten legal action over UK-US drug pricing deal
- Change allows health secretary to override NICE's pricing decisions
- Groups warn of judicial review unless legislation is revoked
- NICE is respected for its independence in drug pricing
Mentioned in this story
Global Justice NowJust TreatmentNational Institute for Health and Care ExcellenceDepartment of Health and Social Care
Campaigners against the UK’s controversial drug pricing deal with Donald Trump are threatening the government with legal action unless it scraps a key element of the plan.
They claim that a change to how drug treatments are approved for use by the NHS, which could lead to it paying even higher prices for them, amounts to an “unlawful power grab”.
The plan could let the health secretary override the independent judgment by the National Institute for Health and Care Excellence (Nice) as to how much the NHS should pay for certain medicines.
Campaign groups Global Justice Now and Just Treatment have warned the Department of Health and Social Care (DHSC) that they may seek a judicial review in the high court of the legality of such a move.
They told the department they would press ahead with seeking a judicial review unless it revoked the statutory instrument – secondary legislation – which came into force last month, giving ministers the power to overrule Nice. The institute is respected worldwide for its independence from ministerial control.
The loss of Nice’s longstanding independence as the body that decides which drugs the NHS in England and Wales should buy is part of the government’s medicines agreement with the Trump administration which was announced last December.
Nick Dearden, the director of Global Justice Now, said: “This is a government gambling with NHS patients’ lives in a geopolitical game with Donald Trump.
“They risk sabotaging our carefully worked-out mechanism for keeping a lid on big pharma’s overinflated prices, and they have done so without so much as a debate in parliament.”
Lawyers Leigh Day have sent the DHSC a nine-page “letter before claim” on behalf of the group and Just Treatment. The Conservative former health secretary Andrew Lansley has said the statutory instrument is unlawful because it clashes with the Health and Social Care Act 2012.
MPs from several parties, including Labour, have voiced concern about the secrecy surrounding the deal and the government’s refusal to release its impact assessment of the long-term cost of the decade-long deal with the White House, give any detail in replies to parliamentary questions or allow a debate about it in the Commons.
Q&A
What is the UK-US drug pricing deal that campaigners oppose?
The deal allows the UK government to potentially pay higher prices for drugs by enabling the health secretary to override NICE's independent pricing judgments.
Who are the campaign groups threatening legal action against the UK government?
The campaign groups are Global Justice Now and Just Treatment, who are warning of a judicial review unless the government revokes the new legislation.
What is NICE and why is it important in drug pricing decisions?
NICE, the National Institute for Health and Care Excellence, is an independent organization that assesses the value of medicines and treatments, ensuring fair pricing for the NHS.
What could be the consequences of the UK government overriding NICE's decisions?
If the government overrides NICE, it could lead to increased drug prices for the NHS and undermine the independence of health care pricing assessments.
