Dáil Éireann Debate, Wednesday - 3 October 2018
158. Deputy Clare Daly asked the Minister for Health the steps he will take under the Action Plan for Online Safety to remove harmful material relating to bogus cures for autism and to prevent further material of this nature from being posted online. [40166/18]
Amharc ar fhreagraThe Action Plan on Online Safety, launched by An Taoiseach on 11 July last, recognises that online safety is not the responsibility of any one Department, but that many Departments have a role to play. The Action Plan sets out 25 Actions and Departments responsible for their respective delivery. A Sponsors Group has recently been established to drive implementation of the Action Plan. This is chaired by the Department of Education & Skills and comprise five other key Government Departments; Children and Youth Affairs, Justice and Equality; Communications, Climate Action and Environment; Business, Enterprise and Innovation; and Health.
The removal of harmful content will be considered by each Department in the context of this and future plans.
The position in relation to Autism is that under the Medicinal Products (Control of Placing on the Market) Regulations 2007, as amended, a medicine cannot be placed on the market in Ireland unless it has a marketing authorisation from the Health Products Regulatory Authority (HPRA) or a community marketing authorisation from the European Medicines Agency (EMA). Any product which makes a medicinal claim to treat medical conditions such as autism is considered to be a medicine and requires an authorisation under this legislation.
Any manufacture, supply or sale of products without authorisation for the purposes of treating a medical condition is illegal.
The Health Products Regulatory Authority (HPRA) is the competent authority for medicines in Ireland. The Authority has an Enforcement section, of which one of its roles is to investigate potential breaches of medicines legislation and, where necessary, to take corrective action including legal proceedings. This can include investigation into complaints regarding products advertised or marketed as medicinal products but which have no marketing authorisation or certificate of traditional-use registration. HPRA investigations are prioritised on the basis of perceived risk to public health.
Penalties for breaches of regulations are provided for by the Irish Medicines Board Acts 1995 and 2006. On summary conviction, a person may face fines not exceeding a class B fine (€4,000) and-or imprisonment for a term not exceeding one year; on conviction on indictment, fines not exceeding £100,000 and-or imprisonment for a term not exceeding 10 years, and in the case of a second or subsequent offence, fines not exceeding £250,000, and-or imprisonment for a term not exceeding 10 years.
The HPRA monitors the Internet and online platforms for the unauthorised promotion of unauthorised medicines. The HPRA continually engages with the social media platforms to remove any advertisements and offerings by individuals using those sites.
The HPRA continues to advise consumers not to seek to purchase or take unauthorised products and I strongly reiterate this advice.
