Results 3,541-3,560 of 6,030 for speaker:Brendan Ryan

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

Brendan Ryan: I have some other questions and I do not believe they are trivial. The Acting Chairman has a wonderful way of looking at me to make me feel like I am wasting the House's time.

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

Brendan Ryan: Section 37(3) states: No attempt may be made to resolve a complaint by mediation without the consent of the complainant and the registered pharmacist or pharmacy owner. Should we insert the phrase "written consent" into this section? The purpose is to ensure everybody operates in the same way.

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

Brendan Ryan: This is important. Agreeing to mediation is the start of a process and everybody should know what they agree to.

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

Brendan Ryan: One does not want a later court case where people state they never agreed to it.

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

Brendan Ryan: They might agree and then change their minds or be advised by a lawyer that they should not have agreed to it.

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

Brendan Ryan: Many of us received representations from people in the profession and one argument put to me was that this is soft in terms of preference for all hearings to be in public. Section 42 states: (1) A hearing before the professional conduct committee shall be held in public [This is a great start]. (2) But it shall be held in private if— (a) the registered pharmacist or pharmacy owner or the...

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

Brendan Ryan: The Minister has an amendment tabled so let us move on. I will not move amendment No. 53.

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

Brendan Ryan: I apologise. I move amendment No. 53: In page 34, subsection (1), line 32, after "the" where it firstly occurs to insert "High".

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

Brendan Ryan: I have a comment on section 48(2), just to prove I read all this stuff. It states "The Council may not cancel the registration of a pharmacist or retail pharmacy business on the grounds of a conviction for an offence". I take it that is an offence unrelated to the nature of this Bill.

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

Brendan Ryan: I am at least happy about the consistency that must apply the same test to cancelling as it would to refusing registration. Should there not be a little legislative guidance regarding the offences under consideration? It is undefined. Are we speaking about a drink-driving conviction or murder or rape? I presume we are speaking about serious offences. This is only a thought but it may be...

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

Brendan Ryan: Yes.

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

Brendan Ryan: We discussed this earlier when I raised the equal status matter. I do not want to go off on that again.

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

Brendan Ryan: No, there is no reason to go over that again. I believe it was a valid question but the Minister answered it satisfactorily and I am sorry for interrupting her. There is a clear statement here that people convicted of some undefined offences are not fit to practise. The matter could do with a little teasing out. It is only an opinion but the area could end up with enormous arguments....

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

Brendan Ryan: Asking the county council to build a fence, for example.

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

Brendan Ryan: I am unsure whether it is the temerity or caution of the drafters but section 52(3) states "The High Court may but need not confirm the Council's decision." I am absolutely certain there was never any need to put into legislation that the High Court had the power to say no to anything.

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

Brendan Ryan: I have never found it slow to say no. Subsection (3) is probably unnecessary as the High Court is more than capable of making up its own mind.

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

Brendan Ryan: I have made notes about sections 56 and 57 and decided to wait for the debate on section 57. When in God's name could it ever not be in the public interest to give public notice of any of the issues listed? What is the point of cancelling the registration of a pharmacist and not giving public notice? The same applies to restoration, suspension, expiry or attachment of conditions etc....

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

Brendan Ryan: That is reasonable.

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

Brendan Ryan: I refer back to the doctor and remind the Minister again of expert advice being given. This relates to defamation and whether we believe a doctor should be exempt from a defamation suit or not, we should at least make up our minds which side we are on. Expert witnesses in the High Court have qualified privilege. Unless they are proven to be acting in bad faith, they cannot be sued for the...

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

Brendan Ryan: This section relates to the cancellation of registration on request. In respect of the person applying for the cancellation, it states, "at the time of applying, the subject of a complaint", meaning the registration cannot be cancelled. What occurs in the case of a person who has cancelled his or her registration, but against whom a complaint is subsequently made? He or she cannot be...