My Lords, there can be absolutely no doubt about the importance of patient access to medicines. This is very much at the heart of the NHS constitution, and it is absolutely fundamental to how we regulate human medicines.
I completely agree with the noble Baroness, Lady Thornton, that the noble Baroness, Lady Sheehan, has done us a great service with an incredibly impressive speech, which was thoughtful and powerful and a privilege to listen to on Monday. The speeches of the noble Lords, Lord Alton and Lord Crisp, who I do not think is present, drew on many years and huge experience of international affairs and comparisons. We are very grateful for the challenge that those speeches have given us on this extremely important subject. But I reassure all speakers to this amendment that this Bill will absolutely not change the importance of patient access to medicines and how we regulate that.
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I will just explain that in a few points. First, I reassure the noble Baroness, Lady Sheehan, that the prices for branded medicines and their cost to the NHS will continue to be controlled through the 2019 VPAS scheme, which is the latest voluntary pricing scheme negotiated with the industry. This currently runs in conjunction with the statutory pricing scheme, the processes for NICE appraisals and the NHSE&I commercial arrangements. As noble Lords will know, the VPAS scheme runs out in 2023. Through a series of measures, it supports patient access to innovative new medicines, and a new scheme is envisaged to replace it.
The sustainability of the NHS is an absolute priority for the Government, and we have also been clear that in any negotiations on future trade agreements we could not agree to any proposals on medicines pricing or access that would put NHS finance at risk or reduce clinician and patient choice.
The UK also has a world-leading intellectual property regime, which achieves an effective balance between rewarding research and innovation and reflecting wider public interests such as ensuring access to medicines. I am grateful to the noble Lord, Lord Patel, for his reference to the Sanofi GSK announcement earlier today. As part of this, the UK remains committed to its obligations under the World Trade Organization’s TRIPS agreement. This includes its agreed flexibilities that support access to medicines, particularly during public health emergencies.
These principles are not only set out in our existing international commitments, but they are also in many cases enshrined in law. For example, the Patents Act 1977 contains provisions on compulsory licensing in the unlikely circumstance that this was ever required. Beyond this, we are also ensuring that our future trade deals respect and support these arrangements. This has been set out in all our negotiating objectives with free trade agreement partners. For all these reasons, they will continue to be respected by the way in which we regulate human medicines in the UK.
We remain committed to working with our international partners to support affordable and equitable access to essential vaccines, therapeutics and diagnostics, including in low and middle-income countries. On the ongoing question of how we ensure equitable access, I reassure noble Lords that multiple factors need to be considered to ensure equitable access to Covid-19 vaccines. These include increasing manufacturing and distribution capacity, measures to support or incentivise technology transfer, ensuring global supply chains remain open and ensuring that effective platforms are utilised to voluntarily share IP and know-how. Britain makes a considerable contribution on all of these.
There are existing mechanisms that facilitate the sharing of IP through voluntary licensing of intellectual property. Organisations such as the WHO are developing initiatives by learning lessons from these mechanisms, for example, expanding the mandate of an existing organisation, such as the Medicines Patent Pool, to address needs emerging from Covid.
The UK also plays a leading role in financing the global effort and working with our international and national partners to identify end-to-end solutions
for vaccines. For example, the UK has been leading the way in delivering multilateral solutions to vaccines, therapeutics and diagnostics, such as committing £298 million to the COVAX advanced market commitment, with £250 million more available as matched funding if others commit £1 billion by December. We urge other members to join the COVAX AMC to secure that capacity.
The UK also supports Gavi’s key role in increasing vaccine transparency and fostering healthy and affordable vaccine markets. The UK is working hard internationally to support the global effort towards and supply of Covid-19 vaccines in the way that I have just described. We will continue to consider any new international initiatives that arise and we are waiting for details from the World Health Organization on the proposed Covid-19 Technology Access Pool. In this area—in answer to noble Lords’ questions—the UK remains committed to the Doha declaration on the TRIPS agreement and public health, and its agreed flexibilities that support access to medicines.
When making regulations under Clause 1, the appropriate authority will need to take into account our international obligations, along with a wide range of other considerations and it is simply not appropriate to include all of them in the Bill, as envisaged in this amendment. However, having regard to patient health is central to good regulation. That is why last week I brought forward government Amendment 2, which will ensure that the Secretary of State, or appropriate authority, may make regulations only under the power at Clause 1 if satisfied that they would promote the health and safety of the public. I hope that this provides the noble Baroness with the assurances she was seeking and that, on that basis, she is content to withdraw Amendment 19.