Noel Ahern (Dublin North West, Fianna Fail)
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Question 141: To ask the Minister for Health and Children the position regarding the private importation of medicines (details supplied) which are normally supplied under prescription; if private importation for personal use is in order; the way this can be done when the normal approved alternative medicine is not suited to the individual; if it is normal for such importations to be confiscated by customs and passed to the Irish Medicines Board. [47567/10]

Mary Harney (Dublin Mid West, Independent)
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It is understood that the medicinal product referred to in the question is a prescription only product and is supplied from India through an internet site. The Medicinal Products (Prescription and Control of Supply) Regulations 2003 (S.I. 540 of 2003) prohibited the supply by mail order of medicinal products. An amending regulation (S.I. 510 of 2005) relaxed this overall prohibition and it no longer applies to non-prescription only medicinal products. However, prescription only medicinal products may not be sold by mail order or by internet in, into or out of Ireland.

The Medicinal Products (Control of Placing on the Market) Regulations 2007 (SI 540 of 2007) permit the importation of a medicinal product, from a country that is not an EEA State, by a person for his own personal use, not being an importation resulting directly from a mail order advertisement directed at members of the public. Under the regulations (as amended), an Irish-registered practitioner may prescribe a medicinal product which is not available as an authorised product in Ireland. This type of product is defined as 'exempt medicinal product'. The sale or supply of an exempt medicinal product is subject to certain conditions which include a requirement for the product to be supplied by an appropriately licensed manufacturer or wholesaler.

I am advised by the Irish Medicines Board (IMB) that if a patient presents a prescription for the product in question at a pharmacy in Ireland, the pharmacy may order the product from a wholesaler holding the appropriate licence to source exempt products and a licensed wholesaler may supply the product to the pharmacy. Where the Customs becomes aware that unauthorised medicinal products are being imported, the products are confiscated and passed to the IMB to ascertain the route of supply.