Catherine Murphy (Kildare North, Independent)

Many aspects of the Bill appear technical in nature and certain changes seem aimed at overcoming some unintended consequence of previous legislation. A very obvious example is on the first page of the explanatory memorandum, which mentions limiting the prohibition on the cultivation of poppies to those intended for the production of opium. There may be several badly tended gardens about which people feel a little more comfortable, given that they were probably acting illegally by not weeding out the poppies.

The Bill's primary focus is that the Irish Medicines Board acts as the competent authority for the licensing of controlled drugs. I share concerns regarding the fact that there are many extra elements; seeking entitlements under legislation becomes quite difficult when that happens. I share the concern that it may not be good practice. I have no issue with the Irish Medicines Board being the competent authority. The number of drugs available grows daily, and it is quite difficult to anticipate new advances in medicines and devices so it is very important that there is a hands-on approach in that respect. Obviously, the primary task must be to protect human health. By regulating, one can help do that — I consciously use the word "help" rather than "fully achieve".

There are one or two areas of concern to me that are not regulated by this legislation. It is very difficult to see how one might overcome them, other than through public education, and cost may also be relevant. Those two areas are travel and the Internet. I know countless people who go on holiday and buy products or ask others going on holiday to bring them back three or four inhalers or whatever. I suspect that bags coming back from holidays are full of such things. They are not controlled by prescription and they are significantly cheaper. Spain, which is in the EU, is a case in point, since one can buy such medicines there. There is hardly a household in Ireland where one member does not have asthma. The availability of those fairly popularly used drugs in an EU country is an example of what is taking place. The checks and balances that should be in place to control use and ensure that people are monitored and so on are sometimes avoided because people are self-medicating and self-prescribing. That is an area of concern.

The second issue is the Internet. Unless one has a fantastic firewall on one's computer, as in the Dáil but not in the home or some other settings, one daily receives spam with offers of drugs at a reduced price. I certainly know people who have availed of that and even complained when their purchases were confiscated. There is no doubt that people are using that as a means of reducing their medical bills. They are certainly self-medicating.

This Bill will not deal with individuals purchasing and having such medication delivered. Instead, it deals with those who are licensed, with sanctions against those who misuse their licence by importing. There is clearly an issue of price and differences in regime across Europe, even though we are all governed by the same EU legislation, regarding what is prescribed. The area must be considered carefully since some of the drugs are used daily. The checks and balances are not there to deal with that.

I met representatives of the Irish Pharmaceutical Union, which held a briefing day six or eight weeks ago. I addressed the issue of price and was surprised to hear them say that many prices were predetermined since one signs up to a pricing mechanism depending on one's economy. I would not have thought that there would be great price differences between European countries, particularly in the 15 older member states, but that is clearly the case. I fully understand and support a difference in cost structure for anti-retroviral drugs, which are being made available to very poor countries that have a serious AIDS problem. However, the situation is very different where one is dealing with commonly used drugs in the EU.

There is a problem with public information that must be tackled but the appropriateness of the level of prescribing of some drugs and their prices must be examined. There is no doubt that people are voting with their feet on this issue but that is a dangerous way to proceed.

The Irish Medicines Board has specific functions but one area that has been talked about is animal health, which I understand, given that we are examining the food chain. The farming organisations, for example, have probably made a stronger case in regard to people ignoring symptoms and the need for veterinary care where there may be bad work practices or insufficient funding. It is interesting that there is such a focus from an animal perspective but not from a human perspective.

Regarding the mark-up, it would be useful to get some information on that. I will request that from the Department of Health and Children.

The principle of nurses being allowed to fill out prescriptions is a welcome move but it must be done in a very careful way. In that regard I take on board some of the points made by previous speakers. I am aware pharmacists are making the same argument in terms of a potential extension to their area.

The area of alternative medicine must be regulated. While there are many good moves taking place on that side, there is a lack of regulation. Like most Members, I got an e-mail from a mother whose son died having taken some magic mushrooms. She was very distraught. That shows that this is an area that must be strictly regulated.

As this is my first Christmas as a Member of this House, I take this opportunity of wishing the Members and staff a happy Christmas. There is a particular reason I take pleasure in doing that. I want to record my appreciation for the helpfulness and professionalism of the staff since coming into this House and the friendliness of Members across the political spectrum.

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