Leo Varadkar (Dublin West, Fine Gael)
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Question 453: To ask the Minister for Health and Children her views on the fact that non-Irish graduates are not permitted to work as supervising pharmacists for at least three years; and if she will make a statement on the matter. [2252/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The 2007 Pharmacy Act allows for the removal of the restriction on pharmacists educated in other EU or EEA countries owning, managing or supervising a pharmacy in Ireland that is less than three years old — the derogation under Article 2.2 of Council Directive 85/433/EEC. My motivation in providing for the removal of this derogation was to facilitate the many Irish pharmacy graduates who, because of the shortage of pharmacy undergraduate places available in the State, went abroad to train. On their return these graduates found that they were at a disadvantage to their Irish trained colleagues in not being able to establish a new pharmacy business, having instead to confine themselves to ones which had already been in operation for at least 3 years, a situation that was clearly unfair and unsustainable.

The Pharmacy Act will be commenced in 3 stages. The 1st Stage of the process has put in place the Council of the new Pharmaceutical Society of Ireland, the 2nd Stage will put in place a new Registration regime for pharmacists and pharmacies, including offences and powers of investigation and the 3rd Stage will deal with complaints, inquiries and discipline (Fitness to Practice Provisions). A three stage process allows flexibility in implementation dates, given the complexity and number of new policies and procedures that the new PSI Council must have in place to accommodate each stage.

In relation to the removal of the derogation, new policies and procedures must be in place before the second stage of implementation of the Act, including the removal of the derogation, can proceed. The second stage of the implementation of the Act will deal with the new procedures for registration of pharmacists and pharmacy businesses under Part 4 of the Act, the conditions for conduct of a retail pharmacy business, including 3 years post-registration experience for supervising pharmacists, Part 7 of the Act on the investigation of alleged offences, breaches of codes or professional misconduct, regulations for supervision of the sale and supply of medicinal products and, in the interest of public safety, new conditions for registration of pharmacists in terms of forensic and linguistic competency. Once these new policies and procedures and the new regulatory regime for pharmacists and pharmacy businesses, are put in place by the Council, it will be possible to revoke the 1962 Pharmacy Act and remove the derogation.