The Saatchi Bill

I was disappointed to see yesterday that the Saatchi Bill (or Medical Innovations Bill, to give it its official name) passed its third reading in the House of Lords.

The Saatchi Bill, if passed, will be a dreadful piece of legislation. The arguments against it have been well rehearsed elsewhere, so I won’t go into them in detail here. But briefly, the bill sets out to solve a problem that doesn’t exist, and then offers solutions that wouldn’t solve it even if it did exist.

It is based on the premise that the main reason no progress is ever made in medical research (which is nonsense to start with, of course, because progress made all the time) is because doctors are afraid to try innovative treatments in case they get sued. There is, however, absolutely no evidence that that’s true, and in any case, the bill would not help promote real innovation, as it specifically excludes the use of treatments as part of research. Without research, there is no meaningful innovation.

If the bill were simply ineffective, that would be one thing, but it’s also actively harmful. By removing the legal protection that patients  currently enjoy against doctors acting irresponsibly, the bill will be a quack’s charter. It would certainly make it more likely that someone like Stanislaw Burzynski, an out-and-out quack who makes his fortune from fleecing cancer patients by offering them ineffective and dangerous treatments, could operate legally in the UK. That would not be a good thing.

One thing that has struck me about the sorry story of the Saatchi bill is just how dishonest Maurice Saatchi and his team have been. A particularly dishonourable mention goes to the Daily Telegraph, who have been the bill’s “official media partner“. Seriously? Since when did bills going through parliament have an official media partner? Some of the articles they have written have been breathtakingly dishonest. They wrote recently that the bill had “won over its critics“,  which is very far from the truth. Pretty much the entire medical profession is against it: this response from the Academy of Royal Medical Colleges is typical. The same article says that one way the bill had won over its critics was by amending it to require that doctors treating patients under this law must publish their research. There are 2 problems with that: first, the law doesn’t apply to research, and second, it doesn’t say anything about a requirement to publish results.

In an article in the Telegraph today, Saatchi himself continued the dishonesty. As well as continuing to pretend that the bill is now widely supported, he also claimed that more than 18,000 patients responded to the Department of Health’s consultation on the bill. In fact, the total number of responses to the consultation was only 170.

The dishonesty behind the promotion of the Saatchi bill has been well documented by David Hills (aka “the Wandering Teacake”), and I’d encourage you to read his detailed blogpost.

The question that I want to ask about all this is why? Why is Maurice Saatchi doing all this? What does he have to gain from promoting a bill that’s going to be bad for patients but good for unscrupulous quacks?

I cannot know the answers to any of those questions, of course. Only Saatchi himself can know, and even he may not really know: we are not always fully aware of our own motivations. The rest of us can only speculate. But nonetheless, I think it’s interesting to speculate, so I hope you’ll bear with me while I do so.

The original impetus for the Saatchi bill came when Saatchi lost his wife to ovarian cancer. Losing a loved one to cancer is always difficult, and ovarian cancer is a particularly nasty disease. There can be no doubt that Saatchi was genuinely distressed by the experience, and deserves our sympathy.

No doubt it seemed like a good idea to try to do something about this. After all, as a member of the House of Lords, he has the opportunity to propose new legislation. It is completely understandable that if he thought a new law could help people who were dying of cancer, he would be highly motivated to introduce one.

All of that is very plausible and easy to understand. What has happened subsequently, however, is a little harder to understand.

It can’t have been very long after Saatchi proposed the bill that many people who know more about medicine than he does told him why it simply wouldn’t work, and would have harmful consequences. So I think what is harder to understand is why he persisted with the bill after all the problems with it had been explained to him.

It has been suggested that this is about personal financial gain: his advertising company works for various pharmaceutical companies, and pharmaceutical companies will gain from the bill.

However, I don’t believe that that is a plausible explanation for Saatchi’s behaviour.

For a start, I’m pretty sure that the emotional impact of losing a beloved wife is a far stronger motivator than money, particularly for someone who is already extremely rich. It’s not as if Saatchi needs more money. He’s already rich enough to buy the support of a major national newspaper and to get a truly dreadful bill through parliament.

And for another thing, I’m not at all sure that pharmaceutical companies would do particularly well out of the bill anyway. They are mostly interested in getting their drugs licensed so that they can sell them in large quantities. Selling them as a one-off to individual patients is unlikely to be at the top of their list of priorities.

For what it’s worth, my guess is that Saatchi just has difficulty admitting that he was wrong. It’s not a particularly rare personality trait. He originally thought the bill would genuinely help cancer patients, and when told otherwise, he simply ignored that information. You might see this as an example of the Dunning Kruger effect, and it’s certainly consistent with the widely accepted phenomenon of confirmation bias.

Granted, what we’re seeing here is a pretty extreme case of confirmation bias, and has required some spectacular dishonesty on the part of Saatchi to maintain the illusion that he was right all along. But Saatchi is a politician who originally made his money in advertising, and it would be hard to think of 2 more dishonest professions than politics and advertising. It perhaps shouldn’t be too surprising that dishonesty is something that comes naturally to him.

Whatever the reasons for Saatchi’s insistence on promoting the bill in the face of widespread opposition, this whole story has been a rather scary tale of how money and power can buy your way through the legislative process.

The bill still has to pass its third reading in the House of Commons before it becomes law. We can only hope that our elected MPs are smart enough to see what a travesty the bill is. If you want to write to your MP to ask them to vote against the bill, now would be a good time to do it.

3 thoughts on “The Saatchi Bill”

  1. I’m sure you are right Adam. The very sad thing though is that a few people who should know a lot better do support Saatchi, eg Sir Michael Rawlins. He is a patron of HealthWatch, which has organised a debate between Rawlins and its president Nick Ross on 4th March. Nigel Poole also speaking. Should be interesting.

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