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

Mary Harney: The amendment will further clarify the qualifications required. The section sets out the conditions which must be met to allow a person's qualifications be considered appropriate for practising pharmacy in the State. It deals with Irish, EU, EEA and non-EU qualifications. It gives the council the power to satisfy itself as to the appropriateness of any qualification and, if deemed...

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

Mary Harney: To be frank, the answer is yes. Many EU countries use qualifications as a barrier to entry. That is why we have not achieved to create the single market. There is a derogation. It is a matter for member states to decide but that others do not do it is not a reason we should not. What motivates me mostly is the position of Irish people who graduated abroad. Under Irish law, one cannot...

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

Mary Harney: I agree there should be consultation and give an undertaking that there will be. However, one should not prescribe that there should be consultation by way of legislation. That is overly prescriptive and unnecessary. I have probably met representatives of the pharmacy profession more often than any other group in the past two and a half years and I am always happy to do so because I have...

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

Mary Harney: I will not enforce the regulations. They will be enforced by the society. I do not yet have an enforcement wing at my disposal in my Department.

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

Mary Harney: I would have liked to have brought Senator Browne to Scandinavia last week. If I had thought of it, I would have.

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

Mary Harney: It would have been money well spent by the Government.

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

Mary Harney: Senator Browne raised the issue of MRSA but we are not including provisions in that regard. As he knows, this is about empowering a regulatory body to regulate a profession. In response to Senator Ryan, in section 19——

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

Mary Harney: The regulations made by the Minister will be enforced by the society under section 19. Clearly, it is not the intention to close down anyone's business. I am the last person who would wish to so do as I am a strong believer in supporting those who take risks and open businesses. There will be transitional arrangements and there will be widespread consultations before regulations are made...

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

Mary Harney: Yes. There will be one set of circumstances for new pharmacists and presumably there will be time for others to meet the requirements. It may be that in some locations this will be extremely difficult. One must be pragmatic and sensible in the manner in which one seeks to apply this provision.

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

Mary Harney: The Senator's point is interesting. The Pharmaceutical Society of Ireland will regulate pharmacists rather than doctors. Consequently, there would be no point in reporting the activities of a doctor to the society. It would be an appropriate matter for the Medical Council and any citizen, pharmacists included, is free to make a complaint. There will be stronger powers in this regard under...

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

Mary Harney: I will take advice on this amendment. I have made provision that the preliminary disciplinary proceedings committee can require a complainant to supply information by way of an affidavit. This is a good idea, if it believes it to be necessary rather than spending a lot of time on an issue that may not stand up or may be vexatious. Consequently, giving the committee the power to do this is...

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

Mary Harney: I will not deal with a particular company because this legislation is not about a particular set of circumstances. We are not prohibiting co-location. For as long as I can remember, doctors and pharmacists have been in close proximity to each other. What we are seeking to ensure is that a doctor cannot have an interest in the pharmacy business and vice versa. We are also ensuring any rent...

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

Mary Harney: They could be much more difficult if we had a different system in place. I know a new contract with pharmacists is about to be negotiated and hope we will get even better value from the taxpayer's perspective, given the strong legislation we are introducing. I am sure we will get value. In so far as I, or any Minister, can in legislation such as this, we are using the powers available to us...

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

Mary Harney: It will happen when the Bill is signed into law.

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

Mary Harney: We must bring forward regulations. I am informed that we will consult the organisations, but it will happen as quickly as possible. The Bill will be signed into law but, as with other primary legislation, will be implemented by way of regulations.

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

Mary Harney: The same provisions apply, whether people are related.

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

Mary Harney: What does the Senator mean by "it is allowed for"? We are certainly not prohibiting doctors from marrying pharmacists or vice versa. The provisions apply in all situations.

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

Mary Harney: As I stated, we are providing that a pharmacist has to be in charge of the corporate entity. A supervising pharmacist must be in charge of each retail community pharmacy. A person must also have overall responsibility for the chain for the reasons mentioned by the Senator such as the difficulties encountered in accessing corporate entities.

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

Mary Harney: Yes.

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

Mary Harney: The society will have the power to deal with the issue.

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