John McGuinness (Carlow-Kilkenny, Fianna Fail)

I compliment Deputy Higgins on bringing forward the Bill because there is merit in certain aspects of it. I listened carefully to his contribution last night which was delivered with the usual passion and commitment that we have grown used to hearing from him. In the context of the Government's response and having examined what the Bill entails, it is complex in terms of an overall solution. The question is whether there is a resolve to address all the issues concerned, particularly as regards section 4. Deputy Higgins referred to social partnership. All parties involved must come to the table, which brings me to his point about the commitment given by the Taoiseach in March 2006. It was given in good faith. The action that should have followed would have drawn the various parties together, including the Department concerned, to examine the issues and determine a solution in the context of our legislation and EU law. I am aware that there is an ongoing review of the 2002 Act, which should be at the centre in examining the issues raised. Deputies are demanding action, which should be taken as quickly as possible in consultation with all the stakeholders involved.

Other speakers have, rightly, focused on pharmacies. Section 4 was never intended to drive anyone in the opposite direction, to seek legal advice which is often one step beyond common sense. A common-sense approach such as that outlined by Deputy O'Donnell should be pursued by the HSE.

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