Sean Barrett (Independent) | Oireachtas source

Section 21(2)(g)provides that the Executive shall take into account,"the terms of any agreement in place (whether entered into before, on or after the commencement of this section) between the Executive and any representative body of the suppliers of drugs, medicines or medicinal or surgical appliances where the agreement relates, whether directly or indirectly, to the price of the item." Is that not the problem we are trying to correct, namely, that this industry has a tradition of high cost agreements with the Department of Health and so on and are we letting them off the hook? I just wonder what the Minister of State's briefing note says on that section.

For example, I would look for a time limit if we have these agreements that have put the problem before us, which the Minister of State is seeking to address, with our support. I agree with Senator MacSharry, in asking should they not expire? It can also be an agreement which comes into force after the commencement of the section. I want them all wound out so far as they are there and I want an end to one of the Pat Kenny themes. He is always saying these drugs are far cheaper in Spain. I get material from the industry stating that Ireland is in a different zone from Spain. I do not go along with that. We are in a free trade area in the European Union and there should not be any of these agreements and they should not be binding on the Department. I say "More power to the Minister of State" to go out and buy at the best price possible, including bringing truckloads of them back from Spain if Pat Kenny tells us they are much cheaper there. I would appreciate the Minister of State's note on that section.

It is strange that paragraph (g ) in section 21 and paragraph (f ) in section 24 were introduced as amendments. I am trying to think whether the pharmaceutical industry has some friends in the Dáil who tabled the amendments because they certainly were not in the spirit of what the Seanad wanted. We were trying to empower the Minister to tackle the problem of a very high cost health service, the estimates for which are the second highest in the world, after the United States. What is the purpose of those two paragraphs because they appear to go against the spirit of what we and the Minister of State have been trying to do?