Brian O'Shea (Waterford, Labour)
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Question 184: To ask the Tánaiste and Minister for Health and Children her views on locating a pharmacy within a health centre (details supplied); and if she will make a statement on the matter. [21610/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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On foot of the recommendations of the Pharmacy Review Group, my Department has commenced drafting new pharmacy legislation in two pharmacy Bills. The first Bill is to deal with fitness to practice provisions for pharmacists, the removal of the prohibition — the 'derogation' — on non-Irish graduates being supervising pharmacists in pharmacies less than 3 years old, and a stronger statutory basis for the Pharmaceutical Society of Ireland (PSI).

The second Bill will address the regulation of pharmacy and pharmacy services, including the definition of pharmacy services and of a community pharmacy, enhanced provisions for the inspection of pharmacies, and the provision for regulation of pharmacies for 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, as well as the remaining recommendations of the Pharmacy Review Group.

The Government accepted the Review Group recommendation that there should be no beneficial ownership or business interest of any kind between prescribing and dispensing and, in regard to multi-GP practices with adjacent pharmacies, that contracted pharmacies and general practices should occupy discrete premises, with separate entrances. I have agreed to consider the potential conflict of interest issues arising from the development of health centres with adjacent contracted pharmacies and this issue will be addressed in the second Bill in the light of that examination. 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 pharmacy contract, dealing with ownership of pharmacies and beneficial interest. I have also written to the Medical Council in relation to this issue.

The Deputy will note that the location of services is a land use planning issue and therefore a matter for the relevant planning authority. I am not in a position to dictate the location of privately funded and owned pharmacies or GP practices, nor to restrict the awarding of State pharmacy contracts based on location.