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Dáil Éireann debate -
Tuesday, 26 Feb 2002

Vol. 549 No. 3

Written Answers. - Pharmacy Regulations.

Dinny McGinley

Question:

263 Mr. McGinley asked the Minister for Health and Children the number of pharmacies, excluding pharmacies with contracts granted under section 11 of the Health Community Pharmacy Contract Agreement Regulations, 1996, S.I. No. 152 of 1996, which opened in urban areas and large towns with at least one existing pharmacy; and the number of pharmacies which opened in rural areas and small towns with no existing pharmacy during the periods January 1990 to May 1996 and June 1996 to 1 February 2002. [6739/02]

Dinny McGinley

Question:

264 Mr. McGinley asked the Minister for Health and Children if his attention has been drawn to the concerns of pharmacists in rural areas that the effect of his decision to revoke the 1996 regulations could lead to the closure of many small pharmacies as has happened in Britain where community pharmacy is controlled by multinationals and retail corporations; and if he will make a statement on the matter. [6740/02]

Dinny McGinley

Question:

265 Mr. McGinley asked the Minister for Health and Children his views on whether his decision to revoke the 1996 pharmacy regulations would allow a company (details supplied) to open pharmacies here while it is prevented from owning any pharmacy in Germany; and if he will make a statement on the matter. [6741/02]

I propose to take Questions Nos. 263 to 265, inclusive, together.

Following legal advice from the Office of the Attorney General, I revoked the Health (Community Pharmacy Contractor Agreement) Regulations, 1996, (S.I. No. 152 of 1996), which set out criteria and procedures to be used by the chief executive officer of a health board when determining applications for granting community pharmacy contracts. The revocation does not affect the operation of the community pharmacy scheme, and existing contracts still stand.
The opening of new pharmacies continues to be governed by the Pharmacy Acts, subject to restrictions imposed by non-pharmacy legislation such as the Planning Act.
The Pharmacy Review Group, established by my Department to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland, is now being asked to report as quickly as possible, given the new situation. The type of framework, whether statutory or otherwise, required for community pharmacy services will be considered when the group reports. I am considering a number of options pending the completion of the work of the group. As part of its work the group is examining the question of the number and location of pharmacies contracts awarded during the periods mentioned by the Deputy and the details requested will not be to hand for some time.
As Minister for Health and Children, my responsibilities centre on the provision of a high quality health service and this includes ensuring, in so far as is possible, that adequate and accessible pharmacy services are generally available. The decision to sell a pharmacy is a matter for the proprietor concerned. However, I am aware of the transaction referred to by the Deputy was examined by the Competition Authority and I understand that the authority has recently submitted its report which is under consideration at present. This transaction took place prior to the revocation of S.I. No. 152 of 1996.
The overall increase in community pharmacy contracts under the 1996 regulations was approximately 50. Of these, about half are outside urban areas. However, applications for rural areas were also refused by health boards under the population, distance and viability restrictions of the 1996 regulations. Therefore, the effects of the 1996 regulations are not clear. The Pharmacy Review Group will study the extent to which the 1996 regulations achieved the objective of a wider geographic spread of pharmacy services. An assessment of the effects of revocation of S.I. No. 152 on geographic spread, without data on the achievement of this objective under S.I. No. 152, would be merely speculative.
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