Joan Burton (Dublin West, Labour)

I am glad the Minister referred to the constitutional right of free association, a right that was hard won by the labour and trade union movement in this country and others and is fundamental to this debate. I congratulate my colleague, Deputy Higgins, on introducing this Bill. It is important to note that the European Court of Justice, with regard to the Viking case this week, reaffirmed that a fundamental right of association takes precedence over other rights, such as trade and competition law rights. This is an important development that was not available when Deputy Higgins drafted this Bill but which informs the conclusions I heard the Minister reaching with regard to his promised review.

The pharmacy dispute is inexplicable to many ordinary people. It appears bewildering to them that incredibly well paid hospital consultants and general practitioners are able to negotiate collectively with the HSE but the pharmacies cannot do so. The pharmacies deliver a community based service. People can call to the pharmacy, discuss with the pharmacist how their medication is working and get general medical advice with their prescription. Pharmacies are regarded as a vital element in community health services.

The HSE in this dispute appears to be hiding behind a very willing Competition Authority, which, since its creation, has poked its nose unsuccessfully into a large number of areas. However, none of the initiatives it has taken, ranging from stopping the Irish Kennel Club taking certain actions with regard to pedigree dogs to the Irish League of Credit Unions, where it sought more competition among credit unions, has led to lower prices and better services and value for consumers.

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