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Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: The amendment we passed last night applies to whistleblowing in respect of all services procured on behalf of the HSE so it would apply to somebody making a complaint to the regulatory body. They are protected.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: It applies when they are reporting to the regulatory body. I will check if this is correct.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: People reporting to regulatory bodies are protected. I have checked and that is correct.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: Under civil or employment rights law, they cannot be victimised or discriminated against.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: It applies to the business of the pharmacy.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: That obviously does not apply if one is selling make up. We do not regulate the sale of make up, lipstick and other cosmetics. One can buy very good stuff in many pharmacies, as I did this morning.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: The Pharmaceutical Society of Ireland is regulating the profession in terms of professional practice. It would not be a matter for the PSI if members have a problem with their planning permission or an issue arises with the Competition Authority about the sale of make-up.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: Only in regard to the practice of pharmacy.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: In fairness, they were well received by Deputy Twomey's party, as well as the Labour Party and the Independents. We did not introduce any measures with which Members there took issue. The Bill was not guillotined either.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: I move: "That the Bill be now read a Second Time." It has been the intention of my Department and the pharmacy profession for many years to consolidate and expand existing pharmacy legislation in a new pharmacy Act. Proposals, however, have continually been overtaken by events and in the interim the practice of pharmacy has evolved significantly. Nevertheless, it is clear that without a...

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: I most certainly do.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: That is baloney. The Deputy thinks a body can be established and called by some name, and it will do all the——

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: The Deputy knows it is not possible.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: Why does the Deputy not deal with the Bill?

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: Yes.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: It is because I listened to the contributions of Senators Ryan and Henry. I thought they made some very good suggestions. Does the Deputy want me to ignore them? Does he want me to ram the Bill through and ignore everybody?

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: I did not change it.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: The ownership of the building is not involved in this in any way. Pharmacists can own doctors' surgeries and vice versa. That is not affected. It is an interest in the practice——

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: It would be, for example, if the doctors had a beneficial interest in the pharmacy. Doctors own pharmacy buildings and vice versa — that will not be prohibited.

Pharmacy Bill 2007 [Seanad]: Second Stage (23 Mar 2007)

Mary Harney: If a doctor has a beneficial interest in a pharmacy business — not in the building, but in the business — or vice versa, there would be concerns if circumstances did not equate with normal market conditions, for example. My understanding is the anchor tenants are the doctors, not the pharmacists. We can thrash it out on Committee Stage.

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