Veil of secrecy to lift

There are encouraging signs that the removal of a longstanding obstruction to the public disclosure of health risks of chemicals, including organophosphate sheep-dips, could be ‘fast-tracked’, ahead of the UK Freedom of Information Act, due to come into force in 2005. John Verrall of the Food Ethics Council, reports.

The UK 1968 Medicines Act includes a ‘confidentiality clause’ – Section 118 – which covers all information submitted in a product licence application and prevents open discussion on food safety issues. There appears to be little justification for information to remain confidential (except for such matters as manufacturing process) and, as some information submitted by companies has not been peer-reviewed there is every reason for its content to be open to scrutiny and debate.
    Under existing legislation, any official found to have disclosed such confidential information is subject to substantial fines and a term of imprisonment. It is not surprising, therefore, that civil servants have zealously complied with the requirement.
    Although Section 118 does not apply to pesticides as regulated by the Pesticides Safety Directorate, it does apply to chemicals such as organophosphates used as ‘veterinary medicines’. Information can sometimes not be accessed from one department to another within the two agencies involved(1). 
    For many years consumers and their representatives have campaigned vigorously to have Section 118 repealed, and they have received support from a UK government Select Committee on Agriculture in November 1995(2), the Veterinary Medicines Directorate, the Medicines Control Agency, the Food Standards Agency, and, more recently, the industry body representing the manufacturers of animal medicines, the National Office for Animal Health. There is wide recognition that Section 118 is incompatible with the Freedom of Information Act, to come into force by 2005. Information which would be prejudicial to commercial interests is protected under the new Act, but it also has a ‘public interest’ test by which the Information Commissioner can arbitrate over disclosures.
    The conclusion of an encouraging meeting held between the Veterinary Medicines Directorate and consumer representatives in February was that there is no reason why the repeal of Section 118 could not occur before the Freedom of Information Act is implemented in all public bodies in 2005(3). A further meeting which included industry representatives and regulators was also positive.
    A public consultation(4) on this issue, held by the Medicines Control Agency and Veterinary Medicines Directorate, will close on 28 March. There are three options put forward by the regulators:

1. Retention of Section 118 in its present form.
2. Amendment or replacement with a similar statutory provision determining the types of information that would, or would not, be disclosed.
3. Repeal of Section 118, with a new reliance on the Freedom of Information Act and the Code of Practice on the Release of Public Information to provide the statutory framework for accessing information.

The Food Ethics Council urges all those concerned to respond, supporting the third option, and the importance of early repeal – a position held by groups such as PAN UK. The second option is unacceptable as it could institute ‘positive’ or ‘negative’ lists, which would limit the disclosure of crucial information on the potential harmful effects of these chemicals.

References
1. Personal communication, John Fitzgerald, Director of Policy, Veterinary Medicines Directorate (VMD), 24 February 2003.
2. Agriculture Committee, Fifth report, Pesticides Safety Directorate and Veterinary Medicines Directorate, November 1995.
3. Note of the Annual Liaison meeting between the VMD and consumer representatives, 5 February 2003.
4. www.mca.gov.uk www.vmd.gov.uk The consultation document can also be obtained from the VMD on 01932 338303, document reference number 7083A.

John Verrall is a member of the Food Ethics Council, an independent council for ethical standards in food and agriculture.

[This article first appeared in Pesticides News No. 59, March 2003, page 20]