Alex White (Dublin South, Labour) | Oireachtas source

If the requirement in respect of INNs was to be put into law, it would need to be included in primary legislation. It would not be appropriate for it to be included in this legislation. It would be necessary to amend the medicines legislation in order to achieve what the Deputies' amendments propose.

With regard to discretion, I did not say one could not have legislation that gives doctors discretion but that, looking at the particular amendment, I see a number of issues that require careful consideration before I could agree to its inclusion in primary legislation. I am sure also that this is something that would require consideration by the Attorney General to assess the impact and effect of the exercise of discretion. When speaking earlier I just picked one example, but I was not saying we could not allow discretion. I was simply saying it is something we want to get right. Deputies Kelleher and Ó Caoláin have been very assiduous and have been helpful in their contributions to this debate, but if I was to do this by way of primary legislation, which is what would be required, I would rather give it closer consideration. I accept that the INN issue is live and it is being considered in the Department.

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