Jackie Cahill (Tipperary, Fianna Fail)
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I am sharing time with Deputy Butler.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Agreed.

Jackie Cahill (Tipperary, Fianna Fail)
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Pharmaceutical assistants comprise a small group of professional people who have done their jobs in a very professional manner over many years. It is difficult to understand why changes in their work conditions and responsibilities are being proposed. There has been no public outcry looking for such changes to be made. No errors have been made by those working in this profession. As I consider this matter from the outside, it seems to me that large chains are at work here. Pharmaceutical assistants are absolutely vital for pharmacies that are operating on their own as small sole traders. Such businesses depend on pharmaceutical assistants. The number of people working as pharmaceutical assistants is shrinking. The youngest pharmaceutical assistant is in his or her mid-50s. It is baffling in the extreme that changes in pharmaceutical assistants' responsibilities and working conditions are being proposed at this stage. There are many questions to be answered. Why is the Pharmaceutical Society of Ireland, PSI, bringing forward these proposed changes? Many questions need to be asked. These changes are completely unwarranted and unjustified. There is absolutely no justification for them.

Mary Butler (Waterford, Fianna Fail)
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The PSI recently approved rules that will restrict the work practices of pharmaceutical assistants. Under existing codes of practice, pharmaceutical assistants are entitled to cover short absences such as lunch hours. They can cover two half-days or one full day per week, as well as any unscheduled short absences. In the case of a temporary absence resulting from the holiday entitlements of a pharmacist, the assistant is entitled to cover two working weeks per annum. As we know, this system has worked very well for the past 128 years. Even though these practices have been in place for a very long time, it is proposed to limit pharmaceutical assistants to covering temporary absences of one hour each day. If the new rules are signed into law, a pharmaceutical assistant will no longer be able to provide professional cover for a pharmacist on his or her day off. The effect of the implementation of these changes would be to diminish the role of pharmaceutical assistants. It could also jeopardise the provision of pharmacy services around the country, especially in parts of rural Ireland.

Jim Daly (Cork South West, Fine Gael)
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I thank the Deputies for raising this issue. The Pharmacy Act 2007 established the PSI. The functions of the PSI are set out in the Act and are carried out on its behalf by the council of the PSI. The council comprises 21 members who are lay members and pharmacists. Section 30 of the 2007 Act provides for an exception to the general provision in the Act which requires the sale and supply of medicines at a pharmacy to be conducted under the personal supervision of a registered pharmacist. It specifies that no offence is committed when "a registered pharmaceutical assistant acts on behalf of a registered pharmacist during the temporary absence of the registered pharmacist". Section 30 of the 2007 Act also permits the council to make rules governing "what may or may not be done by a registered pharmaceutical assistant when acting on behalf of a registered pharmacist" and "what constitutes the temporary absence of a registered pharmacist".

On 21 June last, the council of the PSI approved for issuance for public consultation the proposed draft Pharmaceutical Society of Ireland (temporary absence of pharmacist from pharmacy) rules 2018. The public consultation, which commenced on 17 July and ran until 14 August, afforded any interested party the opportunity to make representations on the matter directly to the PSI. On foot of this, the council of the PSI approved the proposed draft rules at its meeting on 20 September last. Rules made by the PSI under the Pharmacy Act 2007 are subject to the consent of the Minister for Health. The Minister has not yet received the draft rules from the PSI for his consideration. I understand that the draft rules approved by the council define the temporary absence of a registered pharmacist as any period, not exceeding one hour per day, during which the registered pharmacist is not physically present at the premises where a retail pharmacy business is carried on. I understand that the draft rules state that the council shall approve a professional task list setting out what may and may not be done by a registered pharmaceutical assistant while acting on behalf of a registered pharmacist in the temporary absence of the registered pharmacist. This list has not yet been established.

Jackie Cahill (Tipperary, Fianna Fail)
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I thank the Minister of State for his reply. The Minister, Deputy Harris, told me yesterday that he has not received the submission. The Minister of State has outlined the difficulties that exist. Both the Irish Pharmacy Union and Fianna Fáil have made submissions to the PSI, but neither of us has received a reply. There is no explanation or rationale for the PSI's proposal to downgrade the role of pharmaceutical assistants. I propose that the PSI should be brought before the Joint Committee on Health and the Committee of Public Accounts to explain why it wants to downgrade a professional service provided by people who have done their jobs professionally over many years. As I said in my opening remarks, it is baffling that these changes are being proposed at this time. As my colleague, Deputy Butler, said, this measure will put rural pharmacies and sole traders under extreme pressure. I ask that representatives of the PSI be brought before the two committees I have mentioned to explain why this approach is being adopted.

Mary Butler (Waterford, Fianna Fail)
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I would like to reiterate what my colleague has just said. It is strange that the Minister has not received the draft rules, given that this matter has received quite an amount of traction. Like Deputy Cahill, I would like representatives of the PSI to come before the Joint Committee on Health to explain where they are coming from with this idea. Many pharmacists are already struggling to get enough cover to keep their pharmacies open and to provide traditional services to their customers. I understand that the youngest pharmaceutical assistant in the country is 56 years of age. This means that all pharmaceutical assistants will have been phased out nine years from now because they will all have reached the retirement age, or ten or 11 years from now if the retirement age has increased. I estimate that 99% of pharmaceutical assistants are women. Common sense needs to prevail here. These people have provided valuable services to their communities. The knowledge and experience they have gleaned over many years should not been thrown aside because of an over-zealous desire to regulate.

Jim Daly (Cork South West, Fine Gael)
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I thank the Deputies again for the points they have so well made. As I have said, the role of the Minister for Health in this process, as set out in the Pharmacy Act 2007, is limited to the consideration of any rules that are submitted for his consent. The Minister must consider any rules that are presented to him from a fair and impartial perspective and without prejudice or prejudgment. Although the draft rules that have been approved by the council of the PSI are publicly available, under the 2007 Act the Minister must await the receipt of those rules from the PSI for his consideration.

Unfortunately, I will not be in a position to discuss the matter any further until the Minister has the rules. The concerns of the Deputies are noted, however.

Jackie Cahill (Tipperary, Fianna Fail)
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The Minister of State will note our request to the bring representatives from the PSI before the committee.

Jim Daly (Cork South West, Fine Gael)
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As the Acting Chairman, Deputy Durkan, will know, neither the Minister nor I would have a role in such affairs. It would be a matter for the Chairman and members of the Joint Committee on Health. The Members opposite would be quite free to make the request to the Chairman and members of the committee. It is not in my gift or that of the Minister to decide who appears before any Oireachtas committee.