Madam Speaker, I am very pleased to rise today to speak to this bill. Quite often the title of a bill does not reflect its content. Let us have a look at the title of this bill; it is an act to Amend the Patent Act and the Food and Drugs Act.
In fact, it is one of the greatest gestures towards struggling developing countries, who have been crying out for help for several years, highlighting the need for a spirit of cooperation that goes beyond the traditional approach to international trade.
We want to make sure that people in the poorest countries of the world have access to quality drugs. In this regard, the bill is very important in my opinion.
Before getting to the substance of the bill, I would like to call on every party in this House to approach this issue with as little partisanship as possible. Obviously, throughout Quebec and Canada there is a common feeling that this bill must go ahead. Indeed we have to make sure that it is the best possible bill and that it includes all the elements necessary to ensure its proper implementation.
Yes, it must be passed as soon as possible, but at the same time we must ensure that its content is appropriate and that, as political parties in this House, we stick to a non partisan approach. I believe this is very important.
I would to start by reminding the House that in the ministerial statement made in Doha in November 2001, members of the World Trade Organization recognized the seriousness of the problems experienced by developing countries in the field of public health, especially problems related to acquired immune deficiency syndrome, HIV/AIDS, tuberculosis, malaria and other diseases.
On August 30, 2003, members of the WTO agreed to amend certain provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which deals with trade, and which seemed to be preventing poor countries from importing affordable drugs.
The way the international market was organized did not allow these countries to have access to such drugs. Human tragedies are currently taking place in several countries; people keep dying from these diseases. It is not that we did not have the required drugs to treat the diseases, but it was not possible to get these drugs because of the existing provision.
With regard to the Government of Canada, the Canadian Parliament, the purpose of the bill is to ensure that our legislation can be adapted accordingly. This agreement says that the decision must be implemented in good faith for the purpose of solving public health problems, and not for industrial or commercial ends. It also says that it is important to ensure that these drugs reach their intended destination.
I believe the objectives are relevant. Changes are being proposed to the Patent Act and the Food and Drugs Act. These amendments will certainly not improve the health of those in developing countries overnight, but when they are approved by Parliament, we will be able to create an environment to improve the situation and to correct several problems that are now unacceptable.
Therefore, this is a step in the right direction. This measure complements the work done in other sectors and in other countries. We hope that all developed countries will adopt a similar approach in order to maximize the impact as soon as possible, so that satisfactory results can be attained and the spread of several of these diseases stopped.
To reach that goal, we must work in close cooperation with the WTO, the World Health Organization, and the World Intellectual Property Organization. We often hear people say that the World Trade Organization has a very insensitive approach, that it does not care about social issues. This international agreement, which is at the heart of the bill before us, will change that attitude. The WTO has agreed to talk about an issue with an important social impact. It has agreed to change the existing trade rules which were accepted and enforced by the entire industry, to the benefit of industrial promoters.
The stakeholders have agreed to include an obligation to consider the human aspect. I think this fact is worth mentioning; it sets an example that should be followed so that, in the long term, maybe the WTO and the WHO and all the international organizations will cooperate more readily and better results will be obtained.
This bill amends the Patent Act and the Food and Drugs Act. The whole issue of development, marketing and management of drug products in Quebec, in Canada and in all other countries of the world, is a very complex one. It requires a great deal of planning. We must make sure that the industry can develop new drugs, and has the financial means to do so, but also that it has the means to make those drugs available to the public as quickly as possible
On the other hand, we must ensure that there is no abuse and that we will continue to have a good system in Quebec and across Canada. We want to facilitate access to these drugs at the international level. I think that passing such legislation will be to our credit as a Parliament. I think that we will be doing something worthwhile. At the same time, we must ensure that we are not just acting on a sudden burst of generosity, as has happened in the past, without putting the right provisions in the legislation to achieve good results.
Some of these issues need to be raised. This is why I think that we should be able to study this in committee as soon as possible to ensure speedy passage of the bill. This would allow us to discuss issues such as the right of first refusal granted to industries that have developed products. We must ensure that this mechanism does not interfere in the domestic market and that such practice is consistent at the international level and takes the whole picture into account.
We must also ensure that the various partners, that is research and development companies as well as the generic sector, can adjust to meet the objectives of the bill and do what is expected of them.
We must also take into account the comments made by international development organizations, including Oxfam, which issued a release saying that it was happy about the patent amendment, but pointing out some weaknesses in this amendment. Oxfam wants to have an opportunity to make representations so that maybe we can improve that part of the bill.
It says for example that the proposed mechanisms for suspending patents can represent major progress in the fight against diseases since the high cost of patented drugs is the main cause of death for 14 million people each year. They die of diseases that could be treated. Now we want to make these drugs available. Therefore, there is a solution to this problem.
As I mentioned earlier, the amendment proposed by the government would implement a WTO agreement. Oxfam points out that the agreement covers all countries and all diseases. It is not limited to public health emergencies. This is interesting.
However, the bill provides a list of eligible pharmaceutical products that Oxfam finds unnecessarily restrictive. So, there are issues that deserve to be considered in committee. We have to listen to the research and development companies, the generic manufacturers and the international development agencies who work in the countries covered by the agreement in order to ensure that the appropriate amendments are made to this bill if need be.
We are, of course, pleased with the principle of this bill and we think that the bill needs to be further examined and then passed as soon as possible.
Given the circumstances, with a new prime minister about to take office, we understand all the tension surrounding such a bill. Everyone wants it passed, but we also need time to consider it further. The answer lies with the government. It has not yet asked to adjourn. Normally, we would get back to work in a week and, in the meantime, we can attend any committee hearings that are held.
However, if the government decides to prorogue, then it will have to live with its decision.
We have to be open to all kinds of options to ensure that such a bill is dealt with. It would be a shame to wait three, four or five months to pass this bill, knowing how great the needs are and that time is of the essence. We have before us some rather complex pieces of legislation.
A message was delivered by the Usher of the Black Rod as follows:
Mr. Speaker, Her Excellency the Governor General desires the immediate attendance of this honourable House in the chamber of the honourable the Senate.
Accordingly, the Speaker with the House went up to the Senate chamber.
And being returned: