I propose to take Questions Nos. 44, 60, 96 and 133 together.
On foot of the recommendations of the pharmacy review group, approval was given in Government decision S180/20/10/0831 of 21 June 2005 to allow my Department commence drafting new pharmacy legislation by way of two pharmacy Bills. The first Bill is to deal with fitness to practice provisions for pharmacists, the removal of the prohibition, or the derogation, on non-Irish graduates being supervising pharmacists in pharmacies less than three years old, and a stronger statutory basis for the Pharmaceutical Society of Ireland, PSI.
This Bill will ensure the highest standards from the profession and ensure the safe and effective delivery of pharmaceutical services to all citizens of the State. It will also update the governance of the PSI, including wider non-pharmacist representation on its council, and modernise the regulations with respect to the registration of pharmacists, including non-EU and EEA graduates while dealing with some matters concerning the delivery of pharmaceutical services in a community setting.
The second Bill is to legislate for pharmacy practice and the delivery of pharmaceutical services. This Bill will address the regulation of pharmacy and pharmacy services, including issues such as the definition of pharmacy services, the definition of a community pharmacy, enhanced provisions for the inspection of pharmacies, the provision for regulation of pharmacies in respect of matters such as physical conditions, standards, record keeping and promotional activities.
It is also proposed to deal with general provisions relating to community pharmacy contracts for services, and the remaining recommendations of the pharmacy review group. This will include the recommendation that there should be no beneficial ownership or business interest of any kind between prescribing and dispensing and, in regard to group premises with adjacent pharmacies, contracted pharmacies and general practices should occupy discrete premises, with separate entrances. The Government has accepted this recommendation.
While I am not in a position to regulate for ownership or market share, I have agreed to consider the potential conflict of interest issues arising from the development of health centres with adjacent pharmacies, in the context of the second Bill. In the interim, my Department has advised the Health Service Executive to take due care in assessing pharmacy contract applications so that any commercial relationship between a pharmacy contractor and a health centre will not affect the proper provision of services as required under clauses 21, 22(3), 22(4) and 23 of the contract dealing with ownership of pharmacies and beneficial interest.
My Department is at an advanced stage in drawing up the heads and general scheme of a pharmacy fitness to practice Bill and I intend to take a memorandum to Government in the very near future, seeking approval for the draft heads and general scheme and requesting that the legislation be referred to the Parliamentary Counsel's office for formal drafting of the Bill.