Dáil Éireann debate -
Wednesday, 9 May 2001

Vol. 535 No. 5

Written Answers - AIDS Pandemic.

Jack Wall

Question:

71 Mr. Wall asked the Minister for Foreign Affairs the Government's view of the settlement of the case taken by 39 pharmaceutical companies against the South African Government over patent rights on certain drugs; the additional steps the Government intends to take to assist the fight against AIDS and HIV on the African continent; and if he will make a statement on the matter. [12926/01]

Minister for Foreign Affairs (Mr. Cowen)

The high prevalence of HIV-AIDS infection in many African countries constitutes a major obstacle to their development. In countries such as South Africa up to 20% of the adult population are infected with HIV virus. In these situations HIV-AIDS is contributing to an erosion of hard-won development gains, it is worsening poverty and it is causing much physical and psychological suffering to individuals and communities.

We know that the quality of the lives of people living with HIV can be greatly enhanced if they can access essential medications that can be used to treat opportunistic infections. We know also that the availability of such treatments can also prolong the life of those infected with this virus, and can reduce the risk of transmission of associated diseases such as TB and infectious diarrhoea. We know also that the availability of anti-retroviral drugs can prolong the life of those infected with HIV – and in many cases their administration has transformed the lives of people infected with HIV virus and allowed their illness to be controlled and their quality of life greatly improved.

However, access to such medicines is not universal and from the perspective of developing countries, has been denied, not on the basis of need, but on the ability of countries' capacity to afford the prices being demanded by drug manufacturers. The recent constitutional court hearing which took place in South Africa between the South African Government and the Pharmaceutical Manufacturers Association, which represented 39 local and international drugs companies, highlighted in a very public way the rights people have to effective treatment on the one hand and the rights companies have to a protection of their patents on the other.

Against the background of the extent of the HIV-AIDS epidemic in Africa and the growing international call for equity of access to effective treatments, I believe it was a major error of judgment for the pharmaceutical companies to bring the matter to the courts in the first place. Some weeks back, I made the case for this action to be withdrawn.

I therefore welcome the early settlement of this case and believe that the outcome of this case signals a shift in power between the rights of developing countries over a specific interpretation of international patent regulations. It is my hope that this decision will contribute to the acceleration of efforts to ensure that poor people in Africa with HIV-AIDS have access to life-saving drugs at affordable prices.

From the outset of this epidemic, Ireland has recognised that the provision of cheaper drugs to combat HIV-AIDS is an important component of the fight against the disease. Political leadership, national prevention strategies and the long-term development of sustainable health systems are also vital. Ireland has pressed for the use of innovative measures to improve the supply of essential drugs. In January 2000, the Taoiseach wrote to the President of the European Commission, Mr. Prodi pressing for an accelerated EU response to the AIDS crisis, and raising the issues of access to drugs for poor countries. We have continued to press this issue at EU level and measures to improve the supply of drugs at an affordable price are a key element of the new EU accelerated action policy to combat HIV-AIDS.

The Deputy will be aware that my Department has a substantial commitment to contributing to the reduction of HIV-AIDS through the Ireland Aid programme. In our statement to the Security Council last January, we called for an intensification of efforts by the UN bodies, the drugs industry and other relevant organisations to address the complex issues that militate against making effective medications accessible to poorer countries.

As part of that commitment I urge a greater degree of dialogue between the international community, developing country governments and the pharmaceutical industry to make effective medications more available to poorer countries at prices that are affordable. I assure the Deputy that my Department will continue to engage with, and provide financial support for, efforts that will result in the provision of effective treatments for those living with HIV-AIDS in poorer countries.

Next month the UN special session on HIV-AIDS will be held in New York. The meeting will serve to galvanise international efforts to respond to the AIDS pandemic. The Taoiseach will lead the Irish Delegation to this Special Session. His presence at this meeting, together with that of my colleague Liz O'Donnell signifies in a very tangible way the commitment of this Government to continue to support international efforts to prevent and control this global disease.

It is anticipated that a new global fund for HIV-AIDS will be established following the UN special session. Such a fund will further facilitate the purchase of medications for people living with HIV-AIDS in poorer countries. Our Government will participate in discussions governing the establishment of such a fund and with a growing aid budget, will be in a position to consider making additional contributions to the global fight against HIV/AIDS.