Following Howard’s stunning mishandling of the FTA debate, I’ve come to a marginally more optimistic view of the whole issue of FTA and PBS. After reading the various statements on both the review process and the issue of generics, it seems to me that a purely legalistic focus is misleading. I think the letter of the FTA gives a fair bit of room to move, allowing for interpretations more or less favorable to the pharmaceutical lobby on the one hand and the PBS on the other. The government has tried to have it both ways, assuring the Australian public that the FTA clauses relating to PBS are meaningless words inserted to placate the Americans, while promising their (very close) friends in the pharmaceutical lobby that they can expect more favorable treatment, consistent with Wooldridge’s efforts to stack the PBAC and so forth. Passage of the FTA without amendment would have made it easy for the government to deliver to its friends when the elections were out of the way and the electors conveniently on the sidelines. Adding amendments directed at specific possible abuses implies, more generally, that Australia is committed to ensuring that the drug lobby gets nothing more than its minimum legal entitlement under the FTA – a nonbinding review, and observation of patent law.
Of course, if the government gets back in there will be plenty of temptation to renegotiate after the election. But at least now the press is awake to the fact that this is a big story, and that there are headlines to be got from exposing cosy deals, dubious claims and so forth.