Liz McManus (Wicklow, Labour)
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Question 43: To ask the Tánaiste and Minister for Health and Children the steps she is taking to safeguard patients from rogue pharmacists and pharmacy owners; the estimated numbers that are not registered, but should be, due to delays in bringing forward pharmacy legislation; and if she will make a statement on the matter. [8532/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The practice of pharmacy is governed by the Pharmacy Acts 1875 to 1962. I am aware that the current fitness to practice provisions in these Acts are inadequate for the modern practice of pharmacy. On foot of the recommendations of the pharmacy review group I obtained Government approval in June 2005 to commence the process of drafting, as a priority, new pharmacy legislation to allow, among other things, the making of fitness to practice regulations for pharmacists. The purpose of these new provisions is to ensure the highest standards from pharmacists and to safeguard the safe and effective delivery of pharmaceutical services. My Department is at an advanced stage in drawing up the heads and general scheme of a pharmacy fitness to practice Bill and I intend to take a memorandum to Government in the very near future, seeking approval for the draft heads and general scheme and requesting that the legislation be referred to the Parliamentary Counsel's office for formal drafting of the Bill.

Retail pharmacies only require a state contract where they wish to provide services under the community drug schemes. Information regarding the number of pharmacies operating without a community pharmacy contractor agreement is not collected by my Department.

According to the Pharmacy Act 1962, SI 14/1962, the keeping of open shop for dispensing of medical prescriptions and sale of poisons must be personally supervised by a person who is registered with the Pharmaceutical Society of Ireland, is employed in a whole-time capacity and is not acting in a similar capacity for any other body corporate or any authorised person or on his or her own behalf.

Information regarding the number of pharmacists who are not registered with the Pharmaceutical Society of Ireland is not collected by my Department.

Fergus O'Dowd (Louth, Fine Gael)
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Question 44: To ask the Tánaiste and Minister for Health and Children if her Department is considering legislation on the basis of the pharmacy review group and the serious consequences this will have on primary care centres already established or in the process of being built; and if she will make a statement on the matter. [8365/06]

John Deasy (Waterford, Fine Gael)
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Question 60: To ask the Tánaiste and Minister for Health and Children the recommendations of the pharmacy review group that are Government policy; and if she will make a statement on the matter. [8364/06]

Pat Breen (Clare, Fine Gael)
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Question 96: To ask the Tánaiste and Minister for Health and Children her Department's view on the recommendations of the pharmacy review group and the way in which these recommendations cannot be implemented in the changed commercial environment in primary care; and if she will make a statement on the matter. [8366/06]

Bernard Durkan (Kildare North, Fine Gael)
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Question 133: To ask the Tánaiste and Minister for Health and Children when it is expected the pharmacies Bill will become law; and if she will make a statement on the matter. [8762/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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I propose to take Questions Nos. 44, 60, 96 and 133 together.

On foot of the recommendations of the pharmacy review group, approval was given in Government decision S180/20/10/0831 of 21 June 2005 to allow my Department commence drafting new pharmacy legislation by way of two pharmacy Bills. The first Bill is to deal with fitness to practice provisions for pharmacists, the removal of the prohibition, or the derogation, on non-Irish graduates being supervising pharmacists in pharmacies less than three years old, and a stronger statutory basis for the Pharmaceutical Society of Ireland, PSI.

This Bill will ensure the highest standards from the profession and ensure the safe and effective delivery of pharmaceutical services to all citizens of the State. It will also update the governance of the PSI, including wider non-pharmacist representation on its council, and modernise the regulations with respect to the registration of pharmacists, including non-EU and EEA graduates while dealing with some matters concerning the delivery of pharmaceutical services in a community setting.

The second Bill is to legislate for pharmacy practice and the delivery of pharmaceutical services. This Bill will address the regulation of pharmacy and pharmacy services, including issues such as the definition of pharmacy services, the definition of a community pharmacy, enhanced provisions for the inspection of pharmacies, the provision for regulation of pharmacies in respect of matters such as physical conditions, standards, record keeping and promotional activities.

It is also proposed to deal with general provisions relating to community pharmacy contracts for services, and the remaining recommendations of the pharmacy review group. This will include the recommendation that there should be no beneficial ownership or business interest of any kind between prescribing and dispensing and, in regard to group premises with adjacent pharmacies, contracted pharmacies and general practices should occupy discrete premises, with separate entrances. The Government has accepted this recommendation.

While I am not in a position to regulate for ownership or market share, I have agreed to consider the potential conflict of interest issues arising from the development of health centres with adjacent pharmacies, in the context of the second Bill. In the interim, my Department has advised the Health Service Executive to take due care in assessing pharmacy contract applications so that any commercial relationship between a pharmacy contractor and a health centre will not affect the proper provision of services as required under clauses 21, 22(3), 22(4) and 23 of the contract dealing with ownership of pharmacies and beneficial interest.

My Department is at an advanced stage in drawing up the heads and general scheme of a pharmacy fitness to practice Bill and I intend to take a memorandum to Government in the very near future, seeking approval for the draft heads and general scheme and requesting that the legislation be referred to the Parliamentary Counsel's office for formal drafting of the Bill.