Emmet Stagg (Kildare North, Labour)
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Question 88: To ask the Tánaiste and Minister for Health and Children if her attention has been drawn to the number of trained pharmacists from abroad who cannot practice here although eligible to practice in other EU countries; if she will consider amending the Pharmaceutical Acts in order to deal with this anomaly; and if she will make a statement on the matter. [9413/05]

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 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.

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.