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Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: The disciplinary committee of the council has a lay majority but the council does not.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I thought the Minister had a few good sources in the profession.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: If the Competition Authority is dissatisfied with the code of conduct, will the matter ultimately be resolved by the council noting that fact and publicising it or do the authority's powers extend to being able to pursue the matter further? Will the authority be in a position to use its powers to change the code of conduct? Will there merely be a procedure that will involve the issuing of a...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: That was because of previous activity by the Competition Authority vis-À-vis actors.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I want to make a suggestion to the Minister on the potential threat to the safety of pharmacists where too much information is disclosed and on the related issue of Internet sales of drugs. We have given the Garda and the Minister the right to oblige all companies to retain their records of traffic for three years. Every piece of spam concerning the Internet sale of drugs that lands in my...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: One of the conditions set out in section 14 is that a person must satisfy the council that he or she is fit to be a registered pharmacist. That condition is additional to the requirements on qualifications. Does the council have to observe the tenets of the Equal Status Act 2000 in its determination of whether a person is fit to practise? I am simply trying to understand the meaning of...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: Does it?

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: He does worse.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: As it should be.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: Under the section, a citizen of the State or another EU member state does not have to satisfy the linguistic test. Only non-EEA citizens will have to satisfy the council they have the linguistic competence. Does that mean, for example, somebody from Nigeria who speaks reasonably good English would have to undertake a linguistic test while somebody from Hungary, which is an accession state,...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I referred to a little bugbear of mine on Second Stage. If EU directives are referred to in a section, they should be listed on the same page in the legislation. They are a major part of the legislative process and they should not be hidden in enabling legislation unless that is made clear. It is a minor issue, which could be addressed through a proper search. I am glad the Minister has...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I move amendment No. 25: In page 21, between lines 16 and 17, to insert the following subsection: "(2) The Minister shall, prior to making any such regulations, consult with the Irish Pharmaceutical Union and with the Society, and with any other person or body the Minister considers, in his or her discretion, it would be desirable to consult in advance of making any regulations under this...

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I take it from the format of section 18 that enforcement of the regulations will be a matter for the Minister exclusively, not the pharmaceutical society.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I do not see where it is stated in the section that the society will enforce the regulations but I take the Minister's word in that regard. I find it peculiar that a body would be required to enforce regulations which it did not draft.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: Senator Henry has pointed this out to me. I apologise.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: As is traditional, I wish to record my dislike of the phrase, "as soon as is practicable". I do not simply refer to this example, as this issue arises continually. Members should have reached the point whereby they can specify what constitutes a reasonable timeframe in which such matters should happen. While I hope it will not be an issue in this instance, I am not keen on this let-out phrase.

Seanad: Pharmacy Bill 2007: Committee and Remaining Stages (22 Mar 2007)

Brendan Ryan: I move amendment No. 28: In page 23, before section 25, but in Part 5, to insert the following new section: 25.—It shall be an offence for any person knowingly or recklessly to make any declaration or disclosure to the Society which is false, misleading or incomplete.". This amendment is an attempt by the Labour Party to make it an offence for anyone who knowingly or recklessly makes any...

Seanad: Pharmacy Bill 2007: Committee Stage (Resumed) and Remaining Stages (22 Mar 2007)

Brendan Ryan: Section 25(2) states: "3 year minimum post-registration experience" means experience of at least 3 years of— (a) practising whole-time as a registered pharmacist— (i) in a retail pharmacy business, (ii) before the commencement of this Act, in a shop kept open[.] Does this preclude hospital pharmacists? Are they regarded as not having three years' minimum post-registration experience?

Seanad: Pharmacy Bill 2007: Committee Stage (Resumed) and Remaining Stages (22 Mar 2007)

Brendan Ryan: As the Minister has a few more bites of this cherry before the Bill is passed, will she review whether we need to be more specific and explicit about hospital pharmacies? There is a considerable amount of unease about it. As the Minister said, one does not want to push people into a blind alley career-wise against their wishes.

Seanad: Pharmacy Bill 2007: Committee Stage (Resumed) and Remaining Stages (22 Mar 2007)

Brendan Ryan: I presume the response to my amendments will be the same in which case there is no point in me wasting time saying the same thing.

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