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Pharmacy Regulations.

Dáil Éireann Debate, Tuesday - 9 March 2004

Tuesday, 9 March 2004

Questions (203, 204, 205, 206)

Ruairí Quinn

Question:

290 Mr. Quinn asked the Minister for Health and Children if the pharmacy review group, set up in November 2001 and which completed its work in January 2003 has finalised all sections of the report; if he will publish the report having regard to the fact that it provides the basis to remove the discrimination that exists between EU citizens and non EU-citizens; and if he will make a statement on the matter. [7498/04]

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Olivia Mitchell

Question:

295 Ms O. Mitchell asked the Minister for Health and Children if it is his intention to introduce changes in the pharmacy sector following the publication of the Mortell report. [7503/04]

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Paddy McHugh

Question:

305 Mr. McHugh asked the Minister for Health and Children when he will bring forward proposals to allow Irish and EU qualified pharmacists to work in pharmacies which are less than three years old; and if he will make a statement on the matter. [7561/04]

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Paddy McHugh

Question:

306 Mr. McHugh asked the Minister for Health and Children the action he proposes to take to bring an end to the discrimination brought about by EU directive 85/433 which prevents Irish and EU qualified pharmacists from working in a pharmacy that is less than three years old while the same restriction does not apply to non-EU qualified pharmacists; and if he will make a statement on the matter. [7562/04]

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Written answers

I propose to take Questions Nos. 290, 295, 305 and 306 together.

I assume that the Deputy is referring to the pharmacy review group report. I established the pharmacy review group in November 2001 to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland, which included the use of the derogation. The group submitted its report on 31 January 2003, and the report is available on my department's website, www.doh.ie, along with reports prepared for the group by Indecon international economic consultants.

I have been examining the complex legal and other issues surrounding the group's recommendations, including those concerning Ireland's use of the derogation. Under Article 2.2 of Directive 85/433/EEC on the free movement of pharmacists, EU and EEA pharmacists who qualified in another EU or EEA state cannot own in their own right, operate or manage a pharmacy in Ireland that is less than three years old. These regulations do not preclude such pharmacists from working in a pharmacy less than three years old other than as a supervising pharmacist. The Pharmaceutical Society of Ireland is responsible for the registration of pharmacists and for recognition of non-EU pharmacy qualifications. It has reciprocal arrangements with its counterparts in Australia and New Zealand which give recognition to the pharmacy qualifications of these countries.

Deputies will appreciate that it would be inappropriate for me to comment on the report's recommendations before completion of this examination.

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