Brian Lenihan Jnr (Dublin West, Fianna Fail)

The provision relates to the selling of medicinal products by mail order, in particular via the Internet, as outlined by Senators Browne and Henry. I welcome the amendment because the thinking behind it is correct. Nevertheless, provisions are already in force under the Medicinal Products (Prescription and Control of Supply) Regulations 2004, which define the term "supply by mail order" as "supply made, after solicitation of custom by the supplier, or by another person in the chain of supply whether inside or outside of the State, without the supplier and the customer being simultaneously present and using a means of communication at a distance, whether written or electronic, to convey the custom solicitation and the order for supply." On the basis of this definition, the sale and supply of prescription-only medicines is already prohibited under the 2003 regulations.

The provision operates effectively in so far as mail order sellers in this jurisdiction are concerned because such persons commit a criminal offence once they engage in this type of activity. I welcome the fact that Senator Browne has highlighted this issue because we are dependent on the controls in force in other jurisdictions to restrict the making available of prescription medicines in their own jurisdictions and in respect of the supply of such products to purchasers in this country.

The Irish Medicines Board, in conjunction with officers of the Customs and Excise, is active in this area. The extension of the enforcement authorities which will be made available under the Bill to customs officers will be of great assistance in detecting the passage of such drugs through ports of entry in the State. Under the Bill, powers are also being given to all authorised officers, including officers of the Customs and Excise, to obtain information from various sources, including the various Internet service providers, to enable them to enforce compliance with our laws in this matter where there are reasonable grounds for believing that such prescription medicines are being transmitted in the post.

The legislation will significantly strengthen the enforcement side. The Department is satisfied that a penal provision governing the matter is already in place. In these circumstances, it is not necessary to include a provision such as that proposed by the Senator in the Bill. Nevertheless, I welcome the thinking behind the proposal because it is very much in line with the policies being pursued on this issue by the Department and the Irish Medicines Board. I assure the Senator that both bodies are well aware of the matter and anxious to address it.