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Wednesday, 25 June 2003
Page: 12495


Senator FORSHAW (2:23 PM) —My question is directed to Senator Patterson, the Minister for Health and Ageing. How does the minister respond to allegations made by a former employee of the Therapeutic Goods Administration on the ABC program Background Briefing last Sunday, 22 June? Is the minister concerned with the revelations made that auditors were moved from particular manufacturers after a phone call from the company to a senior TGA official, that after being notified of a proposed audit some companies would conduct a spring clean to ensure they passed, that some auditors were `incredibly soft, incredibly weak'; and that it was a standing joke within the TGA that auditors were allergic to fresh paint because they came across so much of its during audits? Given the minister's clear responsibility for the operations of the TGA, what has she done to ensure that these allegations are properly investigated?


Senator PATTERSON (Minister for Health and Ageing) —These are allegations of a former employee of the TGA, and I think the fact that this person said the auditors are allergic to paint says something about the level of the allegations. I have seen the work that the TGA have undertaken in what has to be one of their most difficult situations, Pan Pharmaceuticals. Of course there will be some people who have left the employ of an organisation like the Therapeutic Goods Administration who may have grudges to bear, and some may have legitimate concerns. I will take the allegations as they are—merely allegations.

Although Trish Worth has the responsibility for the TGA and works with them very closely—I was in constant contact with her during that—I do not think we could have expected any more from those officers. They made an incredibly difficult call. As I have said, had they got it wrong, the world would have come down around their ears because of the millions of dollars that were involved. They actually had to be very sure that the decisions they were making were based on evidence. I think the fact that the company did not appeal that decision demonstrates that it knew it was not performing up to scratch. Pan Pharmaceuticals had been audited a significant number of times. There is a cost involved in auditing. We have risk assessment in terms of the TGA assessing various therapeutic goods. The highest risk products are audited more frequently. If I were to put my money on whom I would believe, I would most probably listen to an employee who had stuck with the TGA through thick and thin, through one of the most difficult times, more carefully than a former employee.

But, of course, we will investigate any allegations and we will follow them through. I want to say here that I have been very grateful for the enormous work that the Therapeutic Goods Administration and its employees have put in in dealing with what was a very difficult situation. I am sure that some people on the other side would not have had the gall or the guts to actually make that call. It was a very difficult call. I find it a little disturbing and unfair that the opposition would besmirch the TGA in this way when they do not necessarily have absolute proof of those allegations—proof that those allegations are sustainable.


Senator FORSHAW —Mr President, I ask a supplementary question, and I note that the minister's answer was a classic case of blaming the messenger and ignoring the message. How does the minister respond to a further claim made on that Background Briefing program by the former TGA employee who said:

If you took no action, you couldn't make a mistake ... So sometimes it was better to do nothing and sign the papers.

As these allegations raise serious questions about the failure of the TGA with respect to Pan Pharmaceuticals, leading to the recent product recall—the biggest in the history of the world—why will the minister not agree to an independent public inquiry into the TGA to establish exactly what did happen?


Senator PATTERSON (Minister for Health and Ageing) —As I said, allegations have been made and they will be investigated. I will not just take allegations made by a former employee as gospel. It is important to understand that, despite a claim they would not make a tough decision, the TGA made one of the toughest decisions in recalling products of Pan Pharmaceuticals. They had to get it right and they had to have sufficient evidence to warrant it. As I said, the fact that there was no appeal against that indicates that the TGA got it right.