John Deasy (Waterford, Fine Gael)
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Question 741: To ask the Minister for Health and Children if she will review her position on dealing with the issue of pharmacies in health centres in the second Pharmacy Bill; her views on dealing with this issue in the first Pharmacy Bill in view of the implications of these developments on patient choice and the patient safety issues highlighted in the Sixth Shipman Report; and if she will make a statement on the matter. [29352/06]

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 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 practise 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 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.