THE PHARMACY dispute remained in stalemate yesterday despite intensive background efforts to find an agreed basis for talks between Minister for Health Mary Harney and the Irish Pharmacy Union (IPU).
Sources on both sides said attempts were continuing to find a formula that would allow for discussions between the two sides but pharmacy sources said the main sticking point was the Minister’s insistence that hundreds of pharmacies, which the HSE says are still on contract for the State drug schemes, reopen fully for business.
The Health Service Executive threatened to take further legal proceedings designed to compel pharmacies, which it says have a contract to supply medicines, to remain open.
The High Court yesterday extended an injunction against 35 pharmacies in the Hickey and Bradley pharmacy groups, preventing them from withdrawing services under the schemes without the required 30 days notice.
The two chains were expected to challenge the terms of the interim injunction granted last week but instead opted to agree to an adjournment until a full hearing on September 9th.
Afterwards, the HSE said it would be contacting other pharmacies that may be in breach requesting that they honour their agreements in full. “Failure to comply may require the HSE to seek a remedy through the courts,” it said.
The IPU said individual pharmacies’ situations varied and it was “optimistic” for the HSE to attempt to apply the court’s order to other pharmacies.
The HSE also suggested that customers were having less difficulty obtaining medications than last week during the early days of the dispute.
A spokeswoman said business was “busy but manageable” at the nine “contingency pharmacies” set up by the HSE in areas where many pharmacies were closed.
A spokesman for Minister for Health Mary Harney claimed pharmacies that had been closed were “drifting back” to work as the commercial pressures on them increased.
However, the IPU denied there was any widespread return to work and claimed the improvement in the supply of medicines could be explained by restocking over the weekend.
While moves continued in the background to establish the basis for talks between the Minister and the IPU, there was no change yesterday in their formal positions.
The Minister again expressed her willingness to hold discussions with pharmacists about their future role in the health service but ruled out any talks about the reductions in the €133 million cost-savings resulting from fee cuts to pharmacists.
Ms Harney is also insisting that pharmacies which are in contract with the HSE must be open for business before she will hold talks.
The HSE also reminded patients whose usual pharmacy was closed that they could take their prescriptions to any other pharmacy still providing services under the State drug schemes.
The HSE’s list of participating pharmacies, which is updated daily, is available on www.hse.ie. It says the list is based on the number of valid termination notices received from pharmacists but the IPU has queried its accuracy.
In the High Court yesterday, Ms Justice Mary Irvine heard that both the HSE and the Hickey and Bradley parties were agreeable for the matter to be adjourned to September 9th next, with the terms of the order to remain in place.
The court was also informed that the pharmacies, most of which were closed last week, are now operating the terms of the Community Pharmacy Contractor (CPC) agreements.
The court heard that lawyers for the defendants wished to study the HSE’s affidavit before making a reply, and were consenting to the matter going back to September.
Under the terms of the injunction 35 of the group’s pharmacies must continue to provide services to the HSE pending the service of a notice of termination to continue to provide those services in accordance with the terms of Community Pharmacy Contract.
The HSE sought the order due to what it claimed is the “grave risk” to public safety due to the pharmacies’ failure to give notice that they have ceased providing drugs and medicines in accordance with the terms of Community Pharmacy Contractor (CPC) agreements.
