Seanad debates

Tuesday, 22 November 2005

Irish Medicines Board (Miscellaneous Provisions) Bill 2005: Second Stage.

 

3:00 pm

Photo of Frank FeighanFrank Feighan (Fine Gael)

I welcome the Minister of State to the House. This Bill is rather technical and was mainly drafted to bring our legislation on medicines and their control into line with that of the European Union. I welcome the Bill as it entails numerous proposals that will result in greater protection of the consumer. Over the years, the consumer has not always been to the forefront of legislation and it is therefore good to see legislation drafted to protect the consumer.

Section 3 reflects the changes that have taken place in the pharmacy sector over the years. These changes are sometimes regarded as progressive. Every small town and village used to have a pharmacy that was integral to the local community. One could walk into such pharmacies and seek advice, on a cut, for example. It seems one can no longer obtain such information, good or bad, from a pharmacist. Legislation introduced in this area has meant that voluntary advice is no longer offered. One must now go to a doctor and pay €40 or €50 for advice, after which one must visit the pharmacist. Although the legislation that has been introduced is to protect the consumer, we miss the opportunity to walk into a pharmacy and perhaps get a tablet for a certain ailment.

Local pharmacies were often owned by individuals or families. However, there has been an increase in the number of pharmacies that are part of chains owned by companies. Although this is also regarded as progress, we were much better off when pharmacists were running their own businesses. They would have been very aware of what was happening in their communities and would have been of service to them.

We now have chains of 15, 16 or 17 pharmacies, which are providing a competent service, but I cannot help but think that many of them are driven by financial concerns, as with most businesses. Many are only in the business to earn maximum profit. It would be nice if pharmacies were again run by individuals or families but this will not happen.

Section 3 extends the powers available to the Minister under the legislation to the groups or bodies corporate involved in the practice of community pharmacy. I welcome section 6, which amends section 24 of the Misuse of Drugs Act 1977, thus enabling the Irish Medicines Board to authorise officers to carry out inspections under the Act and the Pharmaceutical Society of Ireland to authorise officers to carry out inspections of pharmacy shops in respect of their handling of controlled drugs. I have always wondered what process was in place in this regard and I note the Minister has upgraded the inspection system.

It is comforting to know the Irish Medicines Board has the power to carry out inspections of pharmacy shops and to ensure they are handling drugs in accordance with the law. However, I am concerned about certain drugs and practitioners as they may not be covered by the Act. Will the Minister of State explain the law on inspections, including in respect of alternative health practitioners and the drugs they administer in their shops? Over the years, we and many retailers have noted the various weights and measures that applied in respect of inspections by the former health boards. Senator Quinn would know they had vast powers. A health inspector can close down a grocery shop, public house or restaurant immediately if he finds it necessary. I always wondered what powers are held by those who inspect pharmacies. Can they close them down immediately if they find improper practices?

Another issue, which is probably not related to the Bill, concerns the fact that there may be too much regulation. There are many alternative remedies or drugs in existence and, in this regard, a few constituents complained to me about the regulation of St. John's wort. I cannot understand why it is only available by prescription, nor can I understand why the Irish Pharmaceutical Union has had a say in ensuring that this be the case. Vast numbers of people drive to Northern Ireland or fly to Britain and obtain as many boxes of the drug as they want, in Boots, for example, yet access to this remedy appears to be over-regulated in Ireland. It is cheap and is as effective as conventional medicines. We are doing ourselves a great disservice by ensuring that it be prescription-only. We may be over-regulating the sector. It would be much easier if one could go into a chemist and pick remedies off the shelves without requiring a prescription. Will the Minister of State explain to me and my constituents the position in this regard?

Does the Irish Medicines Board or the Department of Health and Children have any powers to protect consumers in regard to traditional medicines? Can officers carry out inspections of the practices of practitioners of traditional medicine? Has the Minister any plans in this area?

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