Ottawa — An intense debate has broken out among federal cabinet ministers over how fast to press forward with Ottawa's cheap-drugs-for-poor-countries initiative as the clock ticks down on Prime Minister Jean Chrétien's last legislative session.
Government sources suggested yesterday that huge international expectations raised in September, when three ministers announced that Canada would lead the industrialized world in getting copies of patented drugs to Africa, are now proving problematic as the complexity of the issues involved weigh on those drafting the legislation.
"It's not a question of not wanting to do it. It's a question of, 'Oh my God, it's so complicated,' " a senior government official said. "You gotta get it right."
A handful of ministers have been closely involved in the issue for weeks. Three of them met privately on Wednesday night: Foreign Affairs Minister Bill Graham, Trade Minister Pierre Pettigrew and Industry Minister Allan Rock. Health Minister Anne McLellan and International Co-operation Minister Susan Whelan were represented by aides.
The meeting was called to find a strategy for moving forward, especially since Mr. Chrétien may decide to prorogue the House of Commons in two weeks. Some suggested that would simply not be enough time to introduce legislation and pass it. Indeed, it may be a challenge to do so even if Mr. Chrétien keeps the Commons sitting until Dec. 12, weeks after the Liberal Party will have chosen Paul Martin as its new leader.
Officials said yesterday that Mr. Rock, who is now deeply embroiled in an ethics controversy, has been the most bullish in wanting to act expeditiously, and Mr. Pettigrew has been the most cautious. But Mr. Pettigrew said in an interview yesterday that he is determined to move forward as quickly as possible.
Officials also noted, though, that all the ministers know the entire initiative could go disastrously wrong if it is not pursued with great care.
"As quick as possible but not in a hasty manner — that's how we have to act," another government official said.
It was believed originally that the initiative might require only amendments to the Patent Act. But it is clear now that another complex law under the purview of Health Canada will need to be changed. As well, myriad regulations need to be drafted.
The brand-name-drug industry remains supportive. But some officials caution that that could be put at risk if the regulatory package is not ready along with the legislation, or — at a minimum — if the industry is not satisfied that regulations to be approved later will fully reflect their concerns that all the cheap drugs go to poor countries.
One official speculated yesterday that, in a worst-case scenario, drug manufacturers could even stop supplying Canada with certain drugs to fight AIDS and other health crises if the cheaper copies end up being sold in large numbers on the black market within Canada.
Mr. Martin has made clear his support for the government initiative. But, if legislation is not passed under Mr. Chrétien, the ministers have discussed other measures that might be taken, including a discussion paper and a non-binding resolution that would clearly signal Ottawa's intention to move as soon as possible.
The debate in Ottawa comes as former U.S. president Bill Clinton announced yesterday a deal with four generic-drug companies — three in India and one in South Africa — to slash the price of AIDS drugs in the developing world. The agreement, which will cut the cost of a commonly used triple-drug regimen by almost a third, was brokered by the Clinton Foundation HIV/AIDS initiative.
