Dara Calleary (Mayo, Fianna Fail)
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Question 824: To ask the Minister for Health if the sale of prescription drugs by a person other than a pharmacist is a crime; the specific legislation involved; if he is considering additional legislation in the area; and if he will make a statement on the matter. [26597/12]

Maureen O'Sullivan (Dublin Central, Independent)
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Question 828: To ask the Minister for Health in view of plans for forthcoming legislation on the sale of prescription pills, if he will consider looking at the selling of harmful substances through internet sites; and if there is an E.U. Statutory Instrument to allow for cross country co-operation on this matter. [27342/12]

Róisín Shortall (Dublin North West, Labour)
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I propose to take Questions Nos. 824 and 828 together.

Under the Medicinal Products (Prescription and Control of Supply) Regulations, it is prohibited for a person to supply a prescription medicine except in accordance with a prescription and the supply must be made from a registered pharmacy by or under the personal supervision of a registered pharmacist. A person who contravenes these Regulations is guilty of an offence. The Regulations also make it illegal for prescription medicines to be supplied by mail order. The definition of mail order includes reference to electronic custom solicitation and order for supply. This includes ordering prescription medicines through internet sites.

Furthermore, a person who has in his possession a prescription medicine containing a substance controlled under the Misuse of Drugs legislation for the purpose of selling or otherwise supplying it, is guilty of an offence under that legislation.

My Department is reviewing the Misuse of Drugs Regulations with a view to introducing additional controls on certain prescription drugs being traded illicitly, for example benzodiazepine medicines. These additional controls include introducing import and export controls as well as an offence of possession, thereby assisting the law enforcement roles of Customs and of the Garda Síochána.

My Department will consult with key stakeholders in relation to the proposed amendments.