Alex White (Dublin South, Labour) | Oireachtas source

An interesting issue has been raised by Deputy Billy Kelleher on which we also had some discussion on Committee Stage. In so far as there is a rationale for the restriction, which presumably there is historically, that is the status quo. If we want to find the rationale, it is in the existing legislation that has been there for whatever number of years with regard to regulated professions. Some professions, of course, are not regulated - at least not yet. The Pharmacy Act 2007 includes this provision. I do not make the point and assert simply that because it is there it should stay there. I agree with the Deputy that the fact that the provision exists is not of itself a reason for us to say we should never look again at whether it is necessary, right or defensible that someone should be excluded from professional practice - leaving aside the issue of managing a business, a distinction which Deputy Kelleher has made - solely on the grounds that he or she is an undischarged bankrupt. I do not say that.

The Irish Pharmacy Union and the Pharmaceutical Society of Ireland have submitted a number of amendments to the Pharmacy Act 2007, including an amendment in the form suggested by Deputy Billy Kelleher. These amendments are being considered in the Department. I acknowledge that this is the second time I have used the word "considered" today, but I ask the Deputies opposite to accept that I am speaking in good faith. I ask the Deputies to bear with me as we come close to the end of the debate on this important legislation. There has been additional work in the Department associated with the Irish Presidency of the Council of the European Union and certain issues have not been addressed as quickly as we would have preferred. We will start to address these issues later in 2013 and I will be interested to examine the issue raised by Deputy Kelleher's amendment, as will the Department. I give no commitment on the matter, but I ask the Deputy to understand that I have an open mind.

Without saying too much about it, we have had extensive debates more broadly about bankruptcy, bankruptcy status and our attitudes to them. Traditionally, the position has been different in this country. We have made very good changes on bankruptcy in the insolvency legislation. There are different traditions abroad with regard to bankruptcy. Often in Ireland it was seen as the end of the road for people, which we all probably agree ought not necessarily to be the case. People should not be gone forever simply because of a particular issue which leads to their being declared bankrupt. The law has changed in that regard and attitudes have changed. On the question of the application of bankruptcy to professional practice and the registration of pharmacists, there is a provision in the Pharmacy Act 2007. We have been asked to consider it, which we will definitely do, but not today.

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