Oireachtas News

Date: 07 February 2006

Oireachtas News – Pharmacy surfaces in ‘Select Committee on Health and Children’: Discussion on the Irish Medicines Board (Miscellaneous Poisons) Bill 2005 (30/01/06) and on the Order of Business for 2nd February.

During the debate, Deputy Liz McManus, in seeking an amendment intended to provide safeguards in relation to the supply of controlled medication, said, “We live in extraordinary times because animals are better protected than humans against malpractice in the distribution of medication.” She also said that, unlike the Medical Council, the PSI cannot take action to penalise or strike pharmacists off the Register. Ms McManus continued by saying that the Minister of State, Mr Tim O’Malley, probably knew much more than she did, but “I know enough to know that this cannot continue without a major scandal occurring”. She attached much of the blame for the present situation to the Minister of State and his Department for their failure to introduce a long-overdue Pharmacy Bill.

Deputy McManus’s amendment was supported by Deputy John Gormley, who said he was fully aware of the PSI’s concerns, which he knew had been conveyed to all of the political parties. He noted that a new Pharmacy Bill had been promised since the late Brendan Corish was Minister for Health. He cited examples of malpractice given to him, but the Society was powerless to act.

The Minister of State (Tim O’Malley) replied that he was well aware of the issues raised. He reminded the members of the Committee that the Minister for Health and Children had given an undertaking on the fitness to practice Bill, which she hopes to bring to Government soon. “It will be dealt with,” he said. The amendment was not accepted. Ms McManus indicated her intention to reintroduce her amendment at the Report Stage of the Bill.

Deputy McManus then asked about the post of Chief Pharmacist at the Department of Health and Children. The Minister said he was not aware if the post had been advertised but that the former chief pharmacist was now acting in a consultancy and advisory capacity to the Department and that, at present, the post is filled in an acting capacity by another pharmacist. In further questions to the Minister, Deputy L Twomey said that the previous incumbent of the Chief Pharmacist post must have been an “extraordinary man, considering that there are five pharmacists in the Department of Health in Northern Ireland” and asked the Minister of State if he agreed that we should have more than one pharmacist in his Department. The Minister responded by saying that the situation regarding the Chief Pharmacist was under review as was also the matter of whether there should be one, two or three pharmacists in the Department.

Parliamentary Debates (31/01/06) Priority Questions

Questions relating to Pharmacy also surfaced under this heading.

In a question to An Tánaiste and Minister for Health and Children, Ms McManus asked if she had received a submission on the extent of the current risk to patients in view of the fact that for animals there is full protection from malpractice in the pharmaceutical sector while for humans there is not, and that there is no statutory fitness to practice legislation on pharmacy. She asked what steps she intends to take and if she can be held liable for potential malpractice claims.

An Tánaiste replied that she was aware of the inadequacies of the current fitness to practice provisions in the extant Pharmacy Acts. She obtained Government approval in June 2005 to commence the process of drafting, as a priority, new pharmacy legislation “to allow, among other things, the making of fitness to practice regulations for pharmacists”. She said this process was now at an advanced stage and the heads of the fitness to practice Bill will go to Government in the very near future.

In a supplementary question, Ms McManus asked An Tánaiste “does she not have a serious concern that the registry body has no power to strike pharmacists off the Register?” Taking the Shipman case as an example, she asked will the Department be exposed to litigation because of its failure to deal with what is clearly a matter of protection and public safety? In her reply, An Tánaiste said she did not have an explanation for the exceptional delay in modernising pharmacy legislation. In the past, she said, the State had some capacity to sanction through the GMS contract, which was held by almost all pharmacies, but this route is now seriously compromised when a growing number of pharmacies do not have a contract. She referred to a recent meeting with the IPU, at which the operation of the premises and the individual were raised. She said she has now asked her officials to examine these issues with regard to the first Bill. A second Bill will deal with the service aspect, the physical conditions and “such matters which, while important, are less urgent”.

Vol. 613 No. 5        Thursday, 2 February 2006

Extract from Order of Business.

Mr. Kenny:     
When is the pharmacy Bill, No. 58 on the list of promised legislation, likely to be published? In that context will the Tánaiste indicate whether her Department has appointed a chief pharmacist yet and, if not, what is the reason for the delay? likely to be cleared up?
The Tánaiste:     
There are to be two pharmacy Bills. One will deal with fitness to practise issues, which are important. The other will deal with services, physical premises and such issues, and that will be later in the year. We hope to have the first Bill in the first half of this year. As for the chief pharmacist, the former incumbent is working in the Department of Health and Children at present on a consultancy basis.

Reference:
1. Parliamentary Debates (Official Report – Unrevised) SELECT COMMITTEE ON HEALTH AND CHILDREN Thursday, 26 January, 2006. Pages 1-8. www.debates.oireachtas.ie
2. Parliamentary Debates, Order of Business. Thursday 2nd February 2006