Tuesday, 26 February 2013

Questions (740)

Micheál Martin


740. Deputy Micheál Martin asked the Minister for Health further to Parliamentary Questions No. 476 of 11 December 2012 and No. 220 of 13 February 2013, the reason the Health Service Executive is not providing the information sought in these questions in view of the fact that the company (details supplied) on whose behalf the questions were tabled is not in litigation with the HSE; if the litigation referred to by the HSE was ongoing in December 2012 when Parliamentary Question No. 476 of 11 December 2012 was tabled; the timeframe the litigation referred to has been going on; the reason litigation is relevant to the HSE making a decision as to the company's 14 applications given that when the applications were made no mention was made of any litigation; and if he will make a statement on the matter. [10326/13]

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Written answers (Question to Health)

As I indicated in my reply on 13 February, the company referred to by the Deputy is one of a number of companies engaged in the parallel importation of drugs and medicines into the State. The HSE has been seeking reductions in the price of the products involved.

The litigation referred to in my previous reply was ongoing in December last, the Notice of Motion having been issued on 8 March 2012. The HSE is unable to comment further in light of the fact that a threat of Judicial Review proceedings has been made by the company in respect of its 14 applications by way of solicitors' letters to the HSE issued in 2012 and 2013.