Pádraic McCormack (Galway West, Fine Gael)
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Question 87: To ask the Tánaiste and Minister for Health and Children when it is proposed that Ireland will discontinue the use of Articles 2.2 of 85/433/EEC which calls for the discontinuance of the derogation of the introduction of the Pharmacy Act; the progress made in this matter; and if she will make a statement on the matter. [3208/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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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.

Ireland avails of a derogation under Article 2.2 of 85/433/EEC which gives member states the option of not recognising the qualification of any national of an EU/EEA member state who is qualified as a pharmacist regarding the ownership, management or supervision of a pharmacy that is less than three years old or for the establishment of a new pharmacy. A pharmacist who qualified in another EU/EEA member state, and who is a national of such a state, may not own in his or her own right, operate or manage a pharmacy that is less than three years old.

Nationals of non-EU/EEA member states 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. Controls exist in other member states on the establishment and operation of pharmacies. For example, at least ten member states restrict ownership to pharmacists, ten restrict ownership to one pharmacy, seven use population and distance criteria and four, Ireland, Belgium, Holland and the UK, have no restrictions. In addition, seven countries, Ireland, France, Germany, Holland, Austria, Portugal and the UK, have invoked the derogation under article 2.2.

As recommended by the pharmacy review group, I am examining the continued use of the derogation in the context of new pharmacy legislation which will consolidate and modernise the practice of pharmacy in Ireland. This will provide a more comprehensive framework for the supervision and management of pharmacy services.