John Gormley (Dublin South East, Green Party)
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Question 340: To ask the Minister for Health and Children the reason Irish and other EU pharmacists wishing to work in a pharmacy that is less than three years old are discriminated against under Article 2.2 of 85/433/EEC; the further reason this derogation does not preclude non-EU nationals, for example, Americans, with EU qualifications from working; and the action he intends to take to rectify this situation. [9547/04]

Micheál Martin (Cork South Central, Fianna Fail)
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Council Directive 85/433/EEC provides for the free movement of pharmacists within the European Economic Area, EEA. Under EU Directives 85/432/EEC and 85/433/EEC, any EU/EEA national holding a recognised pharmacy qualification from such a state is entitled to register as a pharmacist in Ireland in accordance with free movement provisions.

Article 2.2 of 85/433/EEC gives member states the option of not recognising the qualification of any national of an EU/EEA state who is qualified as a pharmacist in relation to the ownership, management or supervision of a pharmacy that is less than three years old or for the establishment of a new pharmacy. This means that a pharmacist who qualified in another EU/EEA state and who is a national of such a state may not own in their own right, operate or manage a pharmacy that is less than three years old. Nationals of non-EU\EEA states, such as Americans, are subject to the criteria laid down for recognition of pharmacy qualifications and the registration of pharmacists by the Pharmaceutical Society of Ireland, the statutory body charged with this duty in Ireland.

The pharmacy review group, whose report was issued in February 2004, considered the issue of the derogation. I am continuing to examine the complex legal and public health issues in the group's recommendations and consideration will be given to the use of the derogation on completion of this examination. The pharmacy review group's report is available on my Department's website at www.doh.ie.