Vol. 550 No. 4
368 Mr. Ring asked the Minister for Health and Children if he has met any group or individuals since his announcement of the deregulation of pharmacies to discuss the matter; his plans to proceed with the deregulation as announced; and if he will make a statement on the matter. [8576/02]
The relevant regulations, which set out the criteria and procedures for granting community pharmacy contracts which allowed pharmacies to dispense prescriptions under the medical card and drug payment schemes, had been subject to ongoing legal challenges. During the course of those challenges, the legal basis of the regulations was raised. Against this background I sought legal advice from the Office of the Attorney General. On the advice received I concluded that I could not continue to operate the regulations and with the agreement of the Minister for Finance, whose consent is required, I proceeded to revoke them.
The effect of the revocation for the awarding of new community pharmacy contracts is that there are no restrictions on granting new contracts in terms of location, population or viability of existing pharmacies. The revocation does not affect the operation of the community pharmacy scheme, and existing contracts still stand. All existing contract applications and appeals lapsed with the regulations. Those affected should contact the relevant health board directly about re-applying.
The opening of new pharmacies continues to be governed by the Pharmacy Acts, subject to restrictions imposed by non-pharmacy legislation such as the planning Acts. The pharmacy review group established by my Department to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland is now being asked to report as quickly as possible given the new situation. The type of framework, whether statutory or otherwise, required for community pharmacy services will be considered when the group reports. I am considering a number of options pending the completion of the work of the group.
