Doctors Fear EU Medical Powers
By Ambrose Evans-Pritchard

The British Medical Association is to demand urgent clarification over a last-minute change to the Draft European Constitution, fearing that it could give Brussels sweeping powers to fight almost any form of disease.

Dr Edwin Borman, the chairman of the BMA's international committee, said that fresh clauses slipped into the health chapter (Article 111-179) appear to give the European Union the lead lawmaking role in medical care.

The BMA backs a strong role for the EU in tackling infectious epidemics that cross borders, but the new text goes much further by covering "serious threats to health when they affect more than one member state".

"We will request clarification as to what constitutes serious threats to health," said Dr Borman. "EU competence should be limited to external and unprecedented threats like Sars and bio-terrorism rather than existing diseases. Conditions like cancer and diabetes should not fall into this clause."

Brussels already plays a powerful role in the health sector through the effect of the EU single market, which has led to a series of European Court rulings touching on hospital management and the treatment of patients.

But the new text would appear to give the European Court much wider licence to impose policy changes on the NHS.

Earlier versions of the draft constitution restricted the EU's legislative role in health care to "common safety concerns".

Ireland's EU presidency changed the wording at the request of the Irish health minister, Michael Martin, an ardent foe of smoking. The health chapter is now deemed "closed".

Germany, Austria, Greece, Spain and the Scandinavian states have all been irked by the late changes.

Sweden and Finland fear that it could be used to devalue their elite health systems, widely regarded as among the best in the world. But neither wants to help the eurosceptic cause in the run up to the European elections by drawing public attention to the problem.

The food, drink, tobacco and pharmaceutical industries are lobbying strongly against the amendments. They fear that the clauses could be used to enforce EU-wide drinking and smoking laws or dictate usage of medicines.

Industry lawyers in Britain say the Government appears to have overlooked a crucial legal point in the new text, failing to spot the special status of a key sub-clause (paragraph 4 of Article 111-179).

While most of the draft article is merely an incantation of worthy aims, clause 4 gives Brussels primacy over Westminster to pass new health care laws.

The Foreign Office insists that a safeguard clause ensures that Britain will retain control over the NHS.

Damsin Rose, the head of the European public Health Alliance, said that the new constitution would in reality change little since Britain and other member states had already lost essential control over their health services. "We already have a de facto EU health policy," she said.
Daily Telegraph, 4th June 2004

CTM COMMENT: Spread the word to friends with The Real Face of the European Union by Phillip Day, a video documentary (PAL format only) which lays out the serious problems with the European project and what you can do about it. Also, don't miss these two incisive commentaries on the dangers of Britain's involvement with the EU:

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