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Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Fergal Browne: I move amendment No. 7: In page 13, subsection (1)(i), line 41, after "population" to insert the following: "in terms of the provision and delivery of services and the regulation of— (i) the demand for, (ii) supply of, and (iii) number of, residential places throughout the State". We propose this amendment because the Bill does not go far enough in specifying the centres that will be under...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Fergal Browne: I move amendment No. 8: In page 15, before section 10, to insert the following new section: 10.—In any investigation under section 9— (a) the report of the investigation shall be absolutely privileged, (b) due process and fair procedures shall be observed, (c) any person called to give evidence, shall be allowed legal representation if he or she so requests, and there shall be a duty on...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Fergal Browne: While I am not suggesting elected representatives should be on the board, it is not necessary to specify their exclusion in legislation. There is no crime in being a politician. The same applied with the Pharmacy Bill last week. I would love to see a court challenge under equality legislation, as I am sure the courts might take a different view on the matter. This unnecessary provision...

Seanad: Health Bill 2006: Committee Stage (27 Mar 2007)

Fergal Browne: And doing an excellent job.

Seanad: Order of Business (27 Mar 2007)

Fergal Browne: It is like the Fianna Fáil Party manifesto.

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

Fergal Browne: I would like to ask the Minister about a thought that has just struck me. Perhaps I should have raised it earlier in the debate, but I will try to sneak it in now. When a pharmacy is closed down, do its patients or customers have the right to access the information on their records?

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

Fergal Browne: The Minister has agreed to accept some amendments.

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

Fergal Browne: The Minister plans to make changes to the Bill in the Dáil and will she return to this House then?

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

Fergal Browne: I will agree to this arrangement but it is not the ideal way to do business. It is a bit presumptuous to have the Bill in the Dáil tomorrow in an incomplete form. The Minister is proposing changes to the Bill even before it goes before the Dáil.

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

Fergal Browne: I thank the Minister and her officials. We support the Bill in general and we welcome the fitness to practise aspect of the Bill which we hope will ensure patient safety. Fine Gael is very keen to have a patient safety authority to cover all areas of medicine as there is a need for such a body. I do not envy the Pharmaceutical Society of Ireland because it will have a lot of work to do...

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

Fergal Browne: I understand some pharmacists may have had their General Medical Service contracts revoked last year because they were unable to recruit an Irish graduate despite the fact they advertised for several months. What happens in the case of such pharmacists? As far as I know, section 31 relates to that.

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

Fergal Browne: The GMS contract.

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

Fergal Browne: The point concerns a public notice but will a sign go up in a pharmacy itself if, for example, a pharmacy was to be closed down? Would there be a newspaper advertisement?

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

Fergal Browne: The problem is if a pharmacy was to be closed down for a reason, the public might not be aware why it happened. It may have been closed for other reasons. Will a sign be clearly displayed in the pharmacy?

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

Fergal Browne: Will there be a notice indicating why it is closed down?

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

Fergal Browne: This pertains to a pharmacy being closed.

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

Fergal Browne: On a point of clarification, the amendment states, "share a common public entrance with each other". Would it be helpful to insert a provision stating, "if, in the case of (a) or (b), there is an arrangement of the kind described in subsection (2)"? Does the current provision only apply to (b)?

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

Fergal Browne: Unless we insert "in the case of (a) or (b)", the proposed section 64(1)(b)(ii) would relate only to (b) and exclude same premises.

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

Fergal Browne: I might leave the matter until Report Stage.

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

Fergal Browne: I reiterate an earlier point about the need to review. The council will publish the code of conduct and lay it before both Houses of the Oireachtas, but I wonder could we insert a review on the operation of it on a two or three-year basis. Like much legislation which comes before this House, we all get enthusiastic and think it will work brilliantly and, unfortunately, a few months or years...

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