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

Mary Harney: Agreeing to mediation does not mean it will be resolved through mediation.

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

Mary Harney: If they do not agree to mediation, it cannot take place. To mediate one must have both parties——

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

Mary Harney: We will examine the phrase "consent in writing".

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

Mary Harney: I feel strongly about this issue. Senator Henry made valid points about the complainant and she is correct. Most people are terrified of authority, especially the courts. It is one of the reasons so few people come forward in rape and sexual offence cases. The few I met who did go forward stated the trial, court and adversarial system were terrifying and wondered whether they would go...

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

Mary Harney: These are technical drafting amendments.

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

Mary Harney: This allows the society to recover its costs.

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

Mary Harney: The amendment is self-explanatory. The provision would close the shop, but only on a High Court order, which would require the society to make a very strong case.

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

Mary Harney: I should have been gracious enough to say that as well.

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

Mary Harney: Yes.

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

Mary Harney: Yes. The Senator is reading from subsection (2), which states: The Council may not cancel the registration of a pharmacist or retail pharmacy business on the grounds of a conviction for an offence unless in the Council's opinion, the nature of the offence or the circumstances in which it was committed are such that, were the pharmacist or pharmacy owner applying for registration, the Council...

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

Mary Harney: It is clearly concerned with fitness to practise. The council's role relates to the capacity of the individual to practise as a pharmacist.

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

Mary Harney: If there is a breach of planning laws or some other road traffic incident, for example, it is not a reason for the council to act. It is in the context of the Bill and must be relevant, as the functions of the council would not allow it consider other issues. It must be in the context of professional conduct.

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

Mary Harney: They certainly cannot counsel on the grounds of sexual orientation.

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

Mary Harney: We will have it clarified by our legal advisers that it is foolproof to deal with just the issues I mentioned.

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

Mary Harney: Sure.

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

Mary Harney: Absolutely.

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

Mary Harney: Absolutely. I will have that checked with the Parliamentary Counsel in case there is any doubt.

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

Mary Harney: The Senator makes a valid point.

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

Mary Harney: I will have to take legal advice but I take the point made by the Senator. We know the ultimate decision in these matters comes from the High Court.

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

Mary Harney: I would agree with the Senator. We will consider the matter. We could otherwise use "shall".

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