The Minister for Health has insisted that there was no political interference in his decision to deregulate community pharmacies. Mr Martin rejected as an "outrageous accusation", a claim by Fine Gael's health spokesman, Mr Gay Mitchell, that "somebody got to the Minister". The Fine Gael TD refused to withdraw the remark, despite repeated requests.
Deregulation was a decision forced by legal obligations, the Minister stressed, during Health Questions. Mr Martin told the Dáil that it would have been "immoral" for him to continue existing regulations for granting community pharmacy contracts, following the legal opinions of senior counsel and the Attorney General. The advice was "as strong as you could get" and they were in line to be sued.
Mr Michael Ring (FG, Mayo) asked if the Attorney General had given the Minister political advice as well as legal advice, that the Progressive Democrats wanted the regulations abolished. "Was he speaking as the Attorney General or as the president of the Progressive Democrats?" The decision, he said "is not in the best interests of rural Ireland, it is not in the best interest of pharmacies and it is not in the best interest of people working in the industry."
Mr Martin said the Mayo TD could not have it "both ways". All last year, Mr Ring was "roaring and screaming" and berating him because "Knock could not have a pharmacy under the existing regulations" and "now you have done a 90 degree turn and are attacking me. You cannot have it both ways." It was a decision "forced by legal obligations," he insisted.
The regulations had been subject to legal challenges, and he asked how he could continue to force people "into the High and Supreme Courts knowing in my heart and soul that the regulations were invalid and ultra vires".
The contracts allowed pharmacies to dispense prescriptions under the medical card and drug-payment schemes. Revoking the regulations means that there will be no restrictions on granting new contracts in terms of location, population or viability of existing pharmacies.
Mr Martin said that during the challenges, the legal basis for the regulations was discussed. On that basis he sought the advice of the Attorney General who said the regulations were ultra vires.
Mr Ring earlier asked why the Minister did not wait until the pharmacy review group reported to him, rather than deregulating in January. Mr Martin said he was still committed to establishing a regulatory framework for pharmacies through the review group. He was not pushing for a deregulated market.
