Joan Burton (Dublin West, Labour)
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Question 602: To ask the Minister for Health and Children the situation in relation to the Pharmacy Act 1962, which was suspended in 2001; when a new Bill will be put in place; the situation regarding foreign national qualified pharmacists married to Irish citizens who wish to register and practice as a pharmacist here; and if she will make a statement on the matter. [28336/06]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Pharmacy Act, 1962 has not been suspended. The Heads and General Scheme of a new Pharmacy Bill have been approved by Cabinet and are currently with the Parliamentary Council's Office for drafting. It is my intention, subject to Cabinet approval, that the new Pharmacy Bill will be published and submitted to the Oireachtas in the Autumn. The Bill will deal with the following matters: firstly, changes to the governance of the Pharmaceutical Society of Ireland; secondly, provisions to update the registration process for pharmacists and introduce a registration system for pharmacies; thirdly, provisions for the introduction of a fitness to practice regime for pharmacists and pharmacy businesses. Finally, miscellaneous provisions, including allowing for the removal of the derogation under Article 2.2 of Council Directive 85/433/EEC (the restriction on pharmacists educated in other EU or EEA countries from owning, managing or supervising pharmacies that are less than 3 years old).

The Pharmaceutical Society of Ireland (PSI) is the statutory body with responsibility for the registration of pharmacists in Ireland. The PSI operates a number of routes for registration depending on where the qualification in pharmacy was obtained. The spouses of EU citizens wishing to be registered as pharmacists are entitled to be treated in the same way as a national of the host member state. Under the PSI's registration routes if the spouse has an Irish or EU/EEA qualification in pharmacy then their registration is processed by way of the regulations for these routes. If the spouse has an non-EU/EEA qualification which has been already been recognised by a Member State of the EU, the qualifications and experience gained in a Member State are examined by the PSI. This is to allow the PSI, as required by the EU, to determine whether the qualifications held and training/professional experience undergone are equivalent to the standards required to practice pharmacy by national and EU law. Finally, if the spouse, or any other person wishing to register in Ireland, regardless of their nationality, has a non-EU/EEA qualification which has not been recognised in any other Member State, they must apply for registration under the PSI's adjudication route.

The PSI has experienced difficulties in the operation of their adjudication route of registration for pharmacists trained outside of the EU/EEA area. In order to address their difficulties, the Council of the PSI approved the undertaking of a review of its adjudicating committee procedures in October 2001. The PSI submitted a proposal for amended regulations to my Department in March 2003. However, the PSI's proposals for amended regulations are not possible under current pharmacy legislation. The PSI suspended its adjudication route of registration in October 2001 and is unable, at this time, to consider any application for registration under this route. The proposals in the new Pharmacy Bill dealing with registration will put in place a registration regime to allow for the recognition of qualifications in pharmacy, be they Irish, EU/EEA or non-EU/EEA.