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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...

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

Brendan Ryan: As a perennial late payer, I want to protest. There are complicated procedures to go through to cancel a registration if a complaint is made against that person, but the Bill makes no reference to any court in the case of someone who loses his or her registration for failing to pay a retention fee. I would appeal to the council, if not to the Minister, to work out a procedure involving a...

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

Brendan Ryan: I have no difficulty with the fee.

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

Brendan Ryan: I could not vote in elections or in ballots, but I would have the protection of my union, which would represent me if I had a problem.

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

Brendan Ryan: I have no idea from where my amendment came, as I am not as well informed as Senator Henry, but the point has been made. The definition of "premises" must be clarified. Therefore, it would be no harm to include a broader definition.

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

Brendan Ryan: I move amendment No. 65: In page 41, paragraph (a), line 37, before "a" to insert "computer data,". While the argument will always be that this provision is implied, we would suggest referring to computer data, disc, tape, soundtrack or other device on which to store information. I will refer to a new way to do something on the Internet that has developed in the past three or four years....

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

Brendan Ryan: I move amendment No. 66: In page 42, paragraph (a), line 15, after "medicinal" to insert "or veterinary medicinal".

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

Brendan Ryan: The Government has tabled an amendment to this effect.

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

Brendan Ryan: I wish to ask the Minister a question about section 10 that also relates to the Schedule. The duty of confidentiality of council members is clear. As an advocate of freedom of information, I am not happy about the idea that anything declared to be confidential must be confidential. Having said that, there is a clear obligation in respect of confidentiality. Will the Minister clarify that...

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

Brendan Ryan: I do not believe in blanket confidentiality clauses. I am of the view that the basic principle regarding the exemptions which apply to freedom of information is that people should do their business in public, except where it needs to be done in private. This would enable those who have legitimate professional concerns of the type to which Senator Henry referred in respect of the blood...

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

Brendan Ryan: I understand what the Minister is concerned about in this section and agree with her. I refer to the idea that a body such as the council might use its powers to restrict entry to the profession. We are aware of at least one, if not two professions, that have done a remarkable job for 80 or 90 years. I look forward to the day when legislation stating the membership of the Bar Council will...

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

Brendan Ryan: The Minister would have my enthusiastic support and that of my party if she did so.

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...

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