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

Brendan Ryan: I will return to the matter of hospital pharmacists because there is a valid question to be raised. On this section——

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

Brendan Ryan: I want to clarify something in the definitions in section 2(2), which states: "References in this Act to the sale and supply or the sale or supply of a medicinal product include references to the keeping, preparing, compounding or dispensing of the medicinal product." I have no difficulty with the provision in respect of preparing, compounding and dispensing, but what of carers who give...

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

Brendan Ryan: The word is "keeping".

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

Brendan Ryan: I am not suggesting that, but I have enough experience to know events that are never the intention of those who draft legislation can occur. Before this legislation reaches the far end of the other House, I ask that the drafter be sure that he or she has not introduced a regulation to make life impossible for carers, home helpers and so on.

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

Brendan Ryan: We have a long way to go to catch up with the French.

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

Brendan Ryan: I move amendment No. 2: In page 9, lines 16 to 18, to delete subsection (1) and substitute the following: "5.—(1) Notwithstanding the repeal by section 4 of the Pharmacy (Ireland) Act 1875, the Pharmaceutical Society of Ireland shall continue in being subject to and as reconstituted by this Act.". My eminent legal adviser is sceptical about the idea of dissolving the society and drawing a...

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

Brendan Ryan: Okay.

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

Brendan Ryan: I move amendment No. 3: In page 9, subsection (2), line 19, after "as" to insert the following: "Cumann Cógaiseoirí na hÉireann, or, in the English language,". Tá sé mar nós ag Páirtí an Lucht Oibre consistency a lorg sa reachtaíocht. We have always looked for consistency in the naming of new bodies. They should have an official title in Irish. This is not a question of...

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

Brendan Ryan: I thank the Minister.

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

Brendan Ryan: I move amendment No. 4: In page 10, subsection (1)(b), line 34, after "promote" to insert "and ensure". This is probably a quibble, but I am good at them. Section 7(1)(b) of the Bill states that one of the principal functions of the society will be "to promote a high standard of education and training for persons seeking to become pharmacists". I think the society will have to do more than...

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

Brendan Ryan: I thank the Minister.

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

Brendan Ryan: We should sort out the concepts of "education and training" for once and for all. We have never got our heads around the difference between them. That is why amendments of this nature are proposed all the time.

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

Brendan Ryan: I share the Minister's wariness about allowing a body with such an important regulatory function to confer honorary fellowships. It would be a good idea only if the fellowships amounted to no more than titles. I have heard stories over the years about people finding back doors into various bodies. It is obvious that none of the stories is entirely verifiable. It seems to me that a good...

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

Brendan Ryan: All right.

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

Brendan Ryan: I move amendment No. 8: In page 11, after line 45, to insert the following subsection: "(3) Without prejudice to the generality of subsection (2)(a)(ii), the Society's duty under that provision shall include determining and applying criteria for registration which require compliance with any codes of conduct drawn up for pharmacists and undertakings to comply with such codes.". I think there...

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

Brendan Ryan: I move amendment No. 9: In page 11, after line 45, to insert the following subsection: "(3) Without prejudice to the generality of subsection (2)(a)(iii), the Society's duty under that provision shall include the drawing up of codes of conduct for pharmacists which make detailed provision for conflicts of interest, and, without limitation, for such conflicts as might arise as a result of...

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

Brendan Ryan: I will withdraw the amendment.

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

Brendan Ryan: I am a little intrigued by section 7(2)(b)(ii), which states that the society will have the power to "impose sanctions on pharmacists whom it finds (whether or not after an inquiry) to be unqualified or unfit to practise". Is it consistent with natural justice to be able to punish a person without the holding of an inquiry? That is the only question I have on this section.

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

Brendan Ryan: For what it is worth, I record that I do not believe it is.

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

Brendan Ryan: Okay.

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