Saturday, January 07, 2006

 

A couple of pieces of legislation


The Criminal Code Amendment (Suicide Related Material Offences) Act

The above Act came into force on January 6, this year 2006.

On my first reading, it appears that if I seek, obtain or possess information about how I might suicide, with or without the intention of committing suicide, I will be guilty of a criminal offence. Yet suicide is not a crime in Australia.

I do not seek any such information nor do I have any wish or intention of committing suicide. However, I can imagine that I may become so sick and suffer such pain that I may wish to end my life. And I can imagine that I would wish the method to be a clean, painless event capable of unassisted self-administration.

If my reading of the Act is correct then I object to this law. I see it as a grotesque assault on my personal right to learn about this very human issue and to learn how I may choose the manner of my death and under which circumstances. It places the topic out of bounds, even if I merely wish to research the subject without any intention of applying or communicating my findings. I find this intrusion on my personal liberty offensive.


The Australia - USA free trade agreement and our drug prices.

Australian Minister for Trade, Mark Vaile (NP) is reported as being ready to soften Australia's position on the so called "evergreening" of drug patents by the manufacturers. It is said that the Minister is responding to lobbying from the drug companies and other "pressures" from the U.S.A.

Borrowing the words of a popular song " 'Now this is the situation: hands off.!' our Pharmaceutical Benefits Scheme (PBS), Minister." On the evidence, "evergreening" is a scam which operates to keep the price of drugs artificially high. It is an effective micro-economic rigging the market by the manufacturers/patent holders to the benefit only of the riggers. It is therefore immoral. Hopefully it also unlawful. Put to the test it would be found to be unfair trading Evidence also indicates that increased drug prices put prescription medicines health care beyond the reach of many Australians.

The PBS is an important instrument in managing health care prices and costs to the Australian people. Diminishing the functionality of the PBS will lead to diseconomies to the nation as a whole. And that is the acid test which the minister needs to consider. Rather than entice the drug lords to demonstrate "commercial detriment" the minister needs to ask himself "Might change lead to an increases in drug costs to individuals and the nations expenditure on health and or have deleterious health effects?." The minister needs to do some extra-mural consulting to learn the possible consequences of his words and actions for Australia not for the drug companies. To borrow from the Prime Minister, the trade ministers responsibility is to Australians and not to the drug companies.

Prime Minister Howard promised that the trade deal would not lead to higher drug prices in Australia. While recognising that the great dissembler can wriggle around this undertaking, the intent of his promise is clear. Break this "promise" and it could well be the proverbial straw which sees his party out of office.

07/06/2006

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