Vol. 550 No. 4
388 Mr. McCormack asked the Minister for Health and Children the reason he has taken the decision to revoke the 1996 regulations governing pharmacies; the reason this unprecedented decision was taken before the review group had reported; and if he will make a statement on the matter. [8775/02]
442 Mrs. Owen asked the Minister for Health and Children the legal advice he received on which he based his decision to revoke the Health (Community Pharmacy Contractor Agreement) Regulations, 1996-SI 152 of 1996. [9423/02]
443 Mrs. Owen asked the Minister for Health and Children if he has received a final report from the review group he established to examine the effects of SI 152 of 1996 relating to community pharmacies; when he established this group; if he set a date by which it was meant to report; and the consultations he had before 31 January 2002 with the group before he revoked SI 152 of 1996. [9424/02]
I propose to take Questions Nos. 388, 442 and 443 together.
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 and on the basis of the ongoing legal proceedings, 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 on 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 reapplying.
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, which held its first meeting on 2 November 2001, was established to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland and 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.
