NICE chairman hits back at critics

Sir Michael Rawlins

Sir Michael Rawlins

Some recent criticisms of NICE's work ignore the realities of modern healthcare and misrepresent the facts. Institute chairman Sir Michael Rawlins sets the record straight

August is a difficult month for journalists, newspaper editors and radio and TV producers. Parliament is in recess, politicians and celebrities have gone on holiday, and there's not much to fill the pages or airwaves. So we have "silly season". And for the past week or so the media buzz has been "silly season" about the National Institute for Health and Clinical Excellence's draft advice on renal cancer drugs, fuelled by the rantings of an ill-informed oncologist (Professor Jonathan Waxman) writing in both The Times and the Daily Mail.

First, for those unfamiliar with NICE's workings, it must be emphasised that this is "draft" advice and does not represent the institute's final position. It is the provisional conclusion of NICE's independent appraisal committee, which is made up mainly of people working in the NHS. Moreover, this provisional conclusion may change - as has often happened in the past - in the light of comments and representations made by interested parties.

"An ageing society, technological advances and public expectations are placing demands that all countries are struggling to meet"


Second, Professor Waxman seriously damages his case by untruthful assertions. NICE has assessed 56 cancer drugs since 1999 and not the 407 that he alleged in The Times and the Daily Mail. Contrary to his claim, made in The Times, no NICE guidance has ever been "overruled by ministers". And his allegation that much guidance has been "stomped on by judicial review" is equally wide of the mark. Only one case (concerning Alzheimer's drugs) has reached the courts and, even in that instance, the issue has yet to be resolved.

Third, Professor Waxman's claim - in the Daily Mail - that at a meeting of NICE's appraisal committee he attended (in 2005) only one out of 43 members was medically qualified is just absurd. Most members work in the NHS. And his statement that "the methods are illogical, often unintelligible" is in complete contrast to the letter he wrote to the committee's chair after that same meeting. In it, he stated: "I was very impressed with the thoroughness and quality of the review."

Finite resources

It really is time that some of my clinical colleagues - Professor Waxman included - woke up to the realities confronting all healthcare systems. An ageing society, technological advances and public expectations are placing demands that all countries are struggling to meet. Countries do not have infinite sums of money to spend on health and the amount they can afford is largely governed by their wealth as reflected by their gross domestic products. The debate is not about whether - but how - healthcare budgets can be most fairly shared out among a country's citizenry.

It is because of these shared problems that many countries - the US included - are watching the workings of NICE with interest and admiration. Some have established their own versions of NICE and many others are planning to do so.

But Professor Waxman seems to live in another world. The NHS has finite resources available for healthcare and those it does have must be used in a manner that is fair to everyone - whether they have renal cancer, heart failure, motor neurone disease, Alzheimer's disease or schizophrenia. I understand, better than most, the miseries of cancer, but NICE has to take account of the interests of all those who depend on the NHS for their healthcare. This is not easy: Professor Waxman's solution would appear to be a free-for-all that would either bankrupt the NHS or lead to the denial of cost-effective healthcare to hundreds of thousands of people who have other conditions but lack powerful pressure groups to bring their problems to the attention of the media. The third possibility would be to return to the covert rationing that was so damaging to patients in the 1980s and 1990s.

Since NICE was set up in 1999, it has recommended over 90 per cent of the cancer drugs it has been asked to look at. These treatments have cost the NHS around £337m a year and improved - if not saved - the lives of tens of thousands of patients.

The BBC is airing a programme on NICE on 18 August. More details...

See this week's magazine for related coverage.


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Reader Response

Waxman is just the latest example of an ill-informed clinician who cannot subsume his particular wants to the greater good that NICE undoubtedly serves, in difficult circumstances. Good to see NICE fighting back against this stuff.

I know that NICE has an unenviable task - but should we not be absolutely transparent that its role is to support the NHS in a utilitarian approach to helathcare, based upon a premise of the maximum benefit for the maximum number of patients. This is not unreasonable, but does conflict with the aims of patient choice and consumerism which successive governments have also espoused. You cannot mix individualism and utilitarianism in the goals of a single service.
It is also true that whilst the cost per QALY may be the best measure we currently have it in no way truly represents the value delivered by innovative treatments, and thus is very imperfect. What we really need is an agreed set of metrics of treatment value, which have been openly discussed in society, and an engagement with the public that the limitations of NHS resources define a level of value for money that we find acceptable.
To allege that drugs are over-priced shows scant regard for the inward investment by pharmaceutical companies into NHS R&D activities and innovation that is required if we are to achieve the treatments we will need in the future and seems to me disngenuous on behalf of NICE.

Professor Waxman is ill advised to tell lies and promulgate those lies in the national press. NICE have just about the most difficult job to do and are certainly well structured and advised in discharging those responsibilities. To write such compromised untruths will do nothing but damage to Waxman's reputation which sadly he deserves.

If Professor Waxman shows such wanton disregard for the facts as a journalist, I wonder if he is any better as a doctor? That he can confuse 407 with 56 is scary. Although, many of us are cynical enough not to believe everything we read in the "paper", nonetheless to distort things so blatantly is breath-taking.

Only a nave optimist will believe that the NHS (or any healthcare
organisation) can provide every possible treatment to everybody. NICE works openly and asks for submissions from patients as well as from
professionals. When any decision is made someone is going to be on
'the losing side'. There is a correct form for appealing a decision. Lying in two national newspapers is not the way to do it.

As a medically qualified member of the Technology Appraisal Committee (although I was not involved in this particular appraisal), I would like to refute the notion that the Institute's decisions are made by those who are divorced from front-line clinical activity. While those affected by a negative decision might understandably react by feeling that the Institute is heartless and driven solely by cost, nothing could be further from the truth. It is cost-effectiveness rather than cost that determines its decisions, which are never taken lightly. It is worrying that someone of Professor Waxman's standing apparently fails to understand the principles underpinning its work. Given the remit which NICE has been given, I cannot imagine any more rigorous and painstaking process for determining whether new drugs should be made available for patients in the NHS. The point has been well made elsewhere that protests about NICE decisions seldom take into account the fact that cost effectiveness hinges on the prices charged by the pharmaceutical industry. The bleating that is heard about price reductions damaging the R&D effort of Big Pharma sound pretty hollow when the R&D budget is compared with the much larger marketing budget. Those who criticise NICE might be better to channel their energies into trying to understand why the NHS has to pay such high prices for drugs.

If Professor Waxman shows such wanton disregard for the facts as a journalist, I wonder if he is any better as a doctor? That he can confuse 407 with 56 is scary. Although, many of us are cynical enough not to believe everything we read in the "paper", nonetheless to distort things so blatantly is breath-taking.

Only a nave optimist will believe that the NHS (or any healthcare organisation) can provide every possible treatment to everybody. NICE works openly and asks for submissions from patients as well as from professionals. When any decision is made someone is going to be on 'the losing side'. There is a correct form for appealing a decision. Lying in two national newspapers is not the way to do it.