Tim O'Malley (Limerick East, Progressive Democrats)

Deputy McManus made several comments on aspects of the practice of pharmacy in Ireland. The practice of pharmacy is governed by legislation dating from 1875 to 1962. The Minister for Health and Children is well aware that the current fitness to practice provisions in these Acts are inadequate to the modern practice of pharmacy. On foot of the recommendations of the pharmacy review group, Government approval was obtained in June 2005 to commence the process of drafting, as a priority, new pharmacy legislation to allow, among other things, the making of fitness to practice regulations for pharmacists. The purpose of these new provisions is to ensure the highest standards from pharmacists and to safeguard the safe and effective delivery of pharmaceutical services.

My Department is at an advanced stage in drawing up the heads and general scheme of the pharmacy No. 1 Bill. It is intended to take a memorandum to Government in the very near future seeking approval for the draft heads and general scheme and requesting that the legislation be referred to the Office of the Chief Parliamentary Counsel for formal drafting. It is expected that the Medical Practitioners Bill will be published later this year. I appreciate the points made by Deputy McManus but due process must be adhered to in striking off anyone, be he a pharmacist, doctor, veterinary surgeon or dental surgeon. There is need for this legislation. Both the Minister for Health and Children and I have said this in the Dáil and it will be achieved very quickly.

On the issue of the chief pharmacist, to which the Deputy alluded, the Department of Health and Children is being restructured arising from the implementation of the health reforms. The restructured Department will have provision for a chief pharmacist post. The precise duties and responsibilities of the post are under review vis-À-vis the role of the HSE in the delivery of health services. Ideally, this should be finalised before the job description is drawn up. In the meantime, the services of the former chief pharmacist, who retired in April 2005, continue to be available on a consultancy basis regarding particular issues. We are very lucky to have a former chief pharmacist with many years of expertise who is still providing that expertise to the Department. Another pharmacist employed by the Department is acting in the role of chief pharmacist at present. Therefore, the required specialist advice is available all the time to the officials and Ministers in the Department.

I fully agree with Deputy McManus on her point about the training of pharmacists and ensuring quality and continual professional education for all medical personnel. I thank her for her thinking on these matters. These matters, which are essential to the professionals concerned, could be considered more appropriately in the context of legislation relevant to the professions in question, such as pharmacy legislation, the Medical Practitioners Act and the Nurses Act. This Bill, which amends the Misuse of Drugs Act, is not the appropriate legislation for making such changes. I therefore cannot accept the Deputy's amendment, which I know is offered in good faith. As I stated, the Minister for Health and Children made a commitment to introduce legislation regarding fitness to practice.

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