Alex White (Dublin South, Labour) | Oireachtas source

Obviously, we all accept and acknowledge that human error can occur occasionally. We live in a human world where errors can occur. It should be emphasised, leaving aside this legislation completely, that the high degree of reliance we place on the professionalism of those involved in our prescriptions system - doctors, consultants, GPs and pharmacists - is well repaid. I think we can all agree that the instances of human error causing something bad, dangerous or worse to happen are few and far between. I have no reason to believe that will change under this regime. I would like to consider some of the issues that have been raised in a little more depth. Deputy Ó Caoláin asked about the recourse pharmacists might have in particular scenarios to which they might be exposed. I will consider that and revert to the Deputy. It is important to draw attention to section 15 of this Bill, which gives us some comfort in this regard. It states:

Nothing in this Part shall be construed to affect a pharmacist's discretion, when presented with a prescription, to not dispense, whether temporarily or permanently, a medicinal product in accordance with the prescription (including any substitute medicinal product) if, in his or her professional opinion as a pharmacist, the use of the medicinal product by the patient for whom the prescription was issued may be prejudicial to the health of the patient.

I have an amendment in this regard with which we will deal shortly. That gives, as it were, a statutory basis for the pharmacist to pause and say, "No. For a specific reason, I do not think it is appropriate to dispense a particular medication." That provides some comfort.

While I do not make little of the issue, there is always the risk of the falsification of a prescription in particular circumstances. To be honest, I do not know whether it is an offence, but I will risk saying that I imagine that, under the relevant legislation, it is unlawful to falsify a prescription. However, I will check for the Deputy.

The point comes back to the issue raised by Deputy Denis Naughten and others that we have a proper information campaign and a proper communications strategy in this regard in order that people will have the confidence to know this new system will work and contains protections.