Ned O'Keeffe (Cork East, Fianna Fail)
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Question 197: To ask the Tánaiste and Minister for Health and Children the position regarding the report of the pharmacy review group in respect of beneficial ownership of a community pharmacy by local general practitioners; and her views on the establishment of same. [7343/06]

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 210: To ask the Tánaiste and Minister for Health and Children if the construction and placement of pharmacies within and adjacent to surgeries, by local general practitioners or groups of general practitioners here is in breach of clause 21(1) of the Health (Community Pharmacy Contractor Agreement) Regulations 1996; and if she will make a statement on the matter. [7437/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 197 and 210 together.

The opening or establishment of all new pharmacies is governed by the Pharmacy Acts, subject to restrictions imposed by non-pharmacy legislation such as the Planning Acts. There is no statutory prohibition on the provision of pharmacy and general practitioner services from co-located facilities. However, a community pharmacy contract may not be awarded to a pharmacy in which a GP practising in the area has a beneficial interest.

The Government has accepted the recommendations of the pharmacy review group that there should be no beneficial ownership or business interest between prescribing and dispensing and, in regard to group practices and pharmacies, contracted pharmacies and general practice surgeries should occupy discrete premises, with separate entrances.

In order to ensure that any commercial links between a contractor and a health centre would not affect the integrity and probity of the operation of a contracted pharmacy within a health centre, my Department has advised the HSE that it should satisfy itself, in assessing contract applications, that any commercial relationship between a pharmacy contractor and a health centre will not affect the proper provision of services under the contract and that the terms of the contract, in particular clauses 21, 22(3), 22(4) and 23, dealing with ownership of pharmacies and beneficial interest, are met.

Arising from the recommendations of the pharmacy review group, the Government has approved the drafting of two pieces of pharmacy legislation. The first Bill will allow for fitness to practice regulations for pharmacists and the removal of the derogation on pharmacists educated in other EU or EEA countries from owning, managing or supervising a pharmacy in Ireland that is less than three years old. It will also provide a proper statutory basis for the Pharmaceutical Society of Ireland. The second Bill will deal with desirable changes in the regulatory framework pertaining to pharmacy practice and the delivery of pharmaceutical services. It will also deal with the recommendations of the review group in relation to ownership.