Dick Spring
Question:311 Mr. Spring asked the Minister for Health and Children the reason he took the decision to revoke the 1996 pharmacy regulations in advance of the review group completing its work. [7814/02]
Written Answers. - Pharmacy Regulations.
Dick Spring
Question:312 Mr. Spring asked the Minister for Health and Children if, in considering the deregulation of the pharmacy sector, he has taken into account the loss of social benefit to communities arising from such a move; the monopoly situation which will arise if major non-Irish chains move into the market; the views of the relevant consumer groups; the level of public demand for such deregulation; the question of fitness to practice legislation governing pharmacies; and if he will make a statement on the matter. [7815/02]
I propose to take Questions Nos. 311 and 312 together.
The relevant regulations, which set out the criteria and procedures for granting community pharmacy contracts which allowed pharmacies to dispense prescriptions under the medical card and drug payment schemes had been subject to ongoing legal challenges.
During the course of those challenges, the legal basis of the regulations was raised. Against this background I sought legal advice from the office of the Attorney General. The advice received concluded that the regulations were ultra vires. Accordingly, and given this advice, I considered that I could not continue to operate the regulations and, with the agreement of the Minister for Finance, whose consent is required, I proceeded to revoke them.
The effect of the revocation, for the awarding of new community pharmacy contracts, is that there are no restrictions on granting new contracts in terms of location, population or viability of existing pharmacies. The revocation does not affect the operation of the community pharmacy scheme, and existing contracts still stand. All existing contract applications and appeals lapsed with the regulations. Those affected should contact the relevant health board directly concerning re-applying. 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.
The terms of reference of the group take account of consumer concerns by requiring it to consult widely with consumer interests. As well as a general invitation for public submissions a wide range of consumer organisations were specifically invited to make submissions.
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.
Section 2 of the Pharmacy Act, 1962, provides for the keeping of open shop for the dispensing of medical prescriptions and sale of poisons. The legislation does not restrict the ownership of pharmacies but provides that the dispensing and compounding of medical prescriptions must be under the personal supervision of an "authorised person" as defined under section 2(3) of the Act. A shop for the sale of poisons must also be under the personal management of an "authorised person" as defined under Section 2(3). The European Communities (Recognition of Qualifications In Pharmacy) Regulations, 1987 (S.I. No. 239 of 1987) and European Communities (Recognition of Qualifications in Pharmacy) Regulations, 1991 (S.I. No. 330 of 1991) amended the Pharmacy Act, 1962, to further define an "authorised person". The purpose of S.I. No. 239 of 1987 and S.I. No. 330 of 1991 was to give statutory effect in this country to EEC Council Directives 85/432/EEC, 85/433/EEC and 85/584/EEC. These regulations provide for the mutual recognition of qualifications in pharmacy in respect of nationals of member states and include the provision that a pharmacy in this State which has been in operation for less than three years shall not be managed or supervised by a pharmacist who qualified in another EC member state.
My Department is working on a framework for a Pharmacy Bill to rationalise and update the Pharmacy Acts, 1875-1977. The issue of fitness to practice in relation to a number of professions, including pharmacy will be addressed.