Vol. 399 No. 7
1 Mr. Yates asked the Minister for Health if he has any proposals to amend the Health (Family Planning) (Amendment) Act, 1985, to allow the sale of condoms in outlets other than clinics and pharmacies; and if he will make a statement on the recent court case concerning the Irish Family Planning Association.
3 Mr. Howlin asked the Minister for Health if he has any plans to update existing family planning legislation or to introduce new legislation; and if he will make a statement on the matter.
I intend to take Questions Nos. 1 and 3 together.
The Health (Family Planning) (Amendment) Act, 1985, removed the requirement for persons aged 18 years and over to have a doctor's prescription for the purchase of contraceptives from pharmacies. It also extended the range of outlets permitted to sell contraceptives. Outlets now include pharmacies, registered medical practitioners, employees of health boards when the sale is made at a health institution, licensed family planning clinics, and employees of hospitals providing maternity services or services for the treatment of sexually transmitted diseases when the sale is made at the particular hospital. I am satisfied that the existing approved outlets adequately cater for public demand and the necessity for amending legislation does not arise. It would not be appropriate for me to comment on the outcome of the recent court case involving the Irish Family Planning Association Limited as notice of appeal has been lodged by the association.
Is the Minister aware that the Republic of Ireland is the only country in Europe that now has restrictions in relation to the outlets selling condoms? In view of the very serious public health risks attached to the spread of the HIV virus and AIDS, will he now consider exempting condoms from the Family Planning Act in view of the fact that they are medically inert?
As I have said, under the 1985 legislation a number of new outlets were established for the provision of all contraceptives including condoms. My information from around the country is that condoms and contraceptives are available on a regular basis to people who wish to use them.
In relation to the case to which the Deputy referred, I might add there are 300 pharmacies in Dublin and a number of family planning clinics, many of them within 100 yards of the premises referred to in the Deputy's question.
Let me bring in Deputy Brendan Howlin whose Question No. 3 refers.
Is the Minister aware that the most recent report indicates a very significant increase in sexually transmitted diseases in the Western Health Board area, that the rate of increase in HIV infection is significant this year and that one eminent AIDS expert has said condoms are the only antidote we know of to prevent the spread of some of these infections? In the light of that information does he not feel it incongruous that anybody will be prosecuted in the courts for providing what is seen in most countries now as a life-saving device?
I accept that condoms reduce the risk of AIDS but, as I have said, throughout the country condoms are available to people who need them and in all the health board areas there are outlets available within easy reach of people who want to use them.
Is the Minister not aware that the World Health Organisation's regulations to member states are in favour of no restrictions on the sale of condoms? Is he aware that his own Department's health promotion unit's literature in relation to HIV and AIDS promotes the use of condoms and that in that context it is totally wrong to have restrictions? Will he further acknowledge that there was substantial demand by young people for the use and purchase of condoms from a reputable organisation, the Family Planning Association who have been there for 21 years and also from the Virgin Megastore and other places? In view of this, will he consider bringing proposals before the Government as a result of a rethink on the grounds of public health and especially in view of the fact that his own AIDS coordinator is predicting a level of 20,000 people with HIV infection before the end of the decade?
These are Priority Questions. I am anxious to dispose of the four questions involved. I shall need co-operation. Brevity will be the keynote.
I certainly do not agree that it is wrong to have restrictions on the sale of condoms. I am sure everybody would agree that there should be quality in the variety of condoms available and that they should measure up to some standard. When I came into office I made a regulation that they must have some European standard of quality control before they can go on sale in this country. It would be wrong to have no restrictions whatever. As a means of preventing or reducing the risk of AIDS, condoms are available throughout the country. Of course there is a responsibility on the Minister for Health to see that they are available. I am satisfied from the information available to me that there is a sufficient number of outlets. There is no public demand for a change in the law. Regarding the premises which gave rise to the Deputy's question, there are a number of outlets where condoms are sold within very easy reach of that premises.
Bearing in mind the increase in sexually transmitted diseases which is now documented, will the Minister accept that he has a responsibility not just to look at existing measures but to consider how matters can be improved in the light of a worsening situation? He should seek now to review measures which obviously are not working satisfactorily.
I agree it is necessary to keep reviewing all measures in our fight to combat AIDS. That is being done. The next questions deals with that subject.
May I ask——
If we are to dispose of the two remaining questions we must proceed now to Question No. 2.
A final and very brief supplementary. Does the Minister not consider that the only restrictions which should apply in relation to the sale of condoms are age restrictions, not outlet restrictions? Would he reconsider this on the grounds of public health since failure to do so is a dereliction of his duty?
