The products to which the Deputy refers are manufactured in the Netherlands by the dispensing pharmacy. Dutch government policy does not to permit the commercial export outside the Netherlands to wholesalers or pharmacists of oil-based cannabis products however they will allow the filling of individual prescriptions form EU citizens for collection by the patient or their representative. Owing to the Covid 19 pandemic since April 2020 the Department has organised the collection and delivery to their homes of products prescribed by Irish-registered clinicians in possession of a licence under the Misuse of Drugs Act to treat their patients.
Owing to the Dutch export restrictions the manufacturers of the products referred to have not applied to the HPRA to have their products considered for inclusion in the access programme.
It is a requirement for patients or their families to pay the dispensing pharmacy in the Netherlands and a reimbursement application can subsequently be made to the Primary Care Reimbursement Service in the HSE.
I would draw the Deputy's attention to Section 10B of the Health Act 2004 (as inserted by Section 6 of the Health Service Executive (Governance) Act 2013, under which I, as Minister for Health, may not give a direction to the Executive,
10B.— The Minister shall not give a direction under section 10, or specify a priority or performance target under section 10A, as respects—
(a) any function of the Executive relating to the provision of treatment or a health or personal social service to any particular person,
(b) any function of the Executive relating to a decision concerning—
(i) whether or not a particular person is eligible for a particular health or personal social service (including the payment of a grant or allowance), or
(ii) the extent to which and the manner in which a person is eligible for any such service,
(c) any function of the Executive relating to a decision concerning the making or recovery of a charge for the provision of a health or personal social service by or on behalf of the Executive to a particular person or concerning the amount of such charge,
(d) any function of the Executive that has been specified in an enactment to be a function of the Director General relating to functions referred to in paragraphs (a) to (c)
