686 Mr. McHugh asked the Minister for Health and Children if she will ensure that the Irish Pharmaceutical Union are afforded the right to negotiate on behalf of their members in relation to fees payable for services provided under the publicly funded community drugs scheme; and if she will make a statement on the matter. [1279/07]

687 Mr. Aylward asked the Minister for Health and Children the reason the Irish Pharmaceutical Union are no longer allowed to negotiate fees on behalf of their members with the Health Service Executive; if her Department supports this move; and if she will make a statement on the matter. [1280/07]

693 Mr. Bruton asked the Minister for Health and Children the existing fees and mark up available to chemists under the various community drug schemes; if the Irish Pharmaceutical Union have sought to open negotiations on the fee levels with her or with her representatives; and if there is a mediation or arbitration process in place to deal with the apparent deadlock on the issue. [1364/07]

749 Mr. Naughten asked the Minister for Health and Children the reason the Irish Pharmaceutical Union cannot negotiate on behalf on its members with the Health Service Executive; and if she will make a statement on the matter. [1665/07]

750 Mr. Naughten asked the Minister for Health and Children the reason the Health Service Executive is planning new arrangements for the provision of wholesale pharmaceutical services; and if she will make a statement on the matter. [1666/07]

764 Mr. Noonan asked the Minister for Health and Children the reason she will not negotiate with the Irish Pharmaceutical Union for fees for services which its members provide under the community drug schemes; if she envisages supporting a compromise to overcome the difficulty; and if she will make a statement on the matter. [1739/07]

774 Mr. Ring asked the Minister for Health and Children if she will allow a trade union (details supplied) to negotiate on behalf of its members for services provided. [1808/07]

776 Mr. Durkan asked the Minister for Health and Children if she has received correspondence in her Department regarding fees for services under public community drug schemes from various individuals or pharmacies; her plans to address this matter; and if she will make a statement on the matter. [1813/07]

820 Mr. Neville asked the Minister for Health and Children the Government’s policy in relation to the role of the Irish Pharmaceutical Union to negotiate fees for services provided for its members under the public funded community drug scheme; and if she will respond to correspondence from a person (details supplied) in County Limerick. [2140/07]

830 Mr. Bruton asked the Minister for Health and Children the reason the Irish Pharmaceutical Union have been debarred from negotiations on behalf of their members with the Health Service Executive regarding fees to be provided under the publicly funded community drugs schemes; if her Department has received representations from the Irish Pharmaceutical Union in relation to this matter; her views in relation to same; and if she will make a statement on the matter. [2212/07]

831 Ms Lynch asked the Minister for Health and Children the reason her Department and the Health Service Executive is refusing to negotiate with the Irish Pharmaceutical Union in the matter of setting fees for services provided by pharmacists under the community drugs scheme; and if she will make a statement on the matter. [2213/07]

841 Ms O. Mitchell asked the Minister for Health and Children the changes envisaged in negotiating fees with pharmacists for their community drug scheme; the reason such changes are being entertained in view of her Department’s repeated assertion that the current system best serves the public interest; and if she will make a statement on the matter. [2235/07]

906 Mr. Deasy asked the Minister for Health and Children if she will request the Health Service Executive to review its decision not to negotiate with the Irish Pharmaceutical Union regarding fees being paid to pharmacists for services they provide under public funded community drug schemes; her views on whether this negotiation is not an attempt by the IPU to fix the price of drugs; and if she will make a statement on the matter. [2589/07]

915 Ms Shortall asked the Minister for Health and Children the action she is taking to ensure that the concerns of pharmacists are properly heard in respect of their contract negotiations. [2819/07]

916 Ms Shortall asked the Minister for Health and Children if her Department recognises the Irish Pharmaceutical Union as the negotiating body for pharmacists. [2820/07]

926 Ms Cooper-Flynn asked the Minister for Health and Children if her attention has been drawn to the reported decision by the Health Service Executive to discontinue the practice of negotiating pharmacists fees with the Irish Pharmaceutical Union; her views on whether the HSE is justified in its decision; and if she will make a statement on the matter. [2945/07]

927 Mr. Gregory asked the Minister for Health and Children her response to the concerns raised in correspondence (details supplied) from pharmacists; and if she will make a statement on the matter. [2946/07]

I propose to take Questions Nos. 686, 687, 693, 749, 750, 764, 774, 776, 820, 830, 831, 841, 906, 915, 916, 926 and 927 together.

In 2005, a process was begun to examine all aspects of the drugs supply chain, with a view to achieving greater value for money in the pricing and supply of drugs and medicines to the health services and the GMS and community drugs schemes, consistent with patient safety and continuity of supply. This process was agreed by the Cabinet Committee on Health. A joint HSE/Department of Health and Children negotiating team was put in place to advance this process.

In mid-2006, the negotiating team reached agreement with the Irish Pharmaceutical Healthcare Association (IPHA) and the Association of Pharmaceutical Manufacturers in Ireland (APMI). Discussions then began with the wholesaler representative body, the Pharmaceutical Distributors' Federation (PDF), as part of the agreed process.

Early in discussions, PDF advised the State that a legal issue precluded it from negotiating a new margin for distribution to community pharmacies. The negotiating team then obtained legal advice, which subsequent legal advice to the Department confirmed. This issue also had implications for negotiations with community pharmacists.

The position is as follows:

Section 4(1) of the Competition Act, 2002 prohibits all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the restriction or distortion of competition, including agreements to fix prices, unless the agreement, decision or concerted practice meets certain conditions. Those conditions are not met in this case.

Wholesalers and pharmacy contractors are undertakings. PDF and the IPU are associations of undertakings under Section 4(1) of the Act.

The coming together of wholesalers under PDF or pharmacy contractors under the IPU to negotiate prices would be a breach of Section 4(1).

Entering into an agreement, making a decision or being involved in a concerted practice in contravention of Section 4(1) is a criminal offence and would expose those parties, their directors, managers and officers to the risk of criminal prosecution.

In light of this advice, it is not possible for the HSE to engage in negotiations with PDF or the IPU in relation to fees or margins.

In the interim, in order to determine new arrangements for wholesale services and remain in compliance with competition legislation, the negotiating team has begun a public consultation process, which includes an invitation to make submissions, coupled with an independent economic analysis of the Irish and EU markets. This process is based on an assumption of continuation of current service levels.

The negotiating team will consider, following completion of the wholesale sector review, how best to address this issue for pharmacy contractor services. It is noted that the competition issues do not preclude negotiation on contractual arrangements by the IPU other than in relation to fees.

The HSE has written to all community pharmacy contractors setting out the position in relation to these issues in detail.

Information regarding fees and mark ups paid to community pharmacists in the year ending December 2005, the latest date for which this information is available, is contained in the Statistical Analysis of Claims and Payments 2005, which is compiled by the HSE National Shared Services Primary Care Reimbursement Service. This report is available on the HSE website under publications.

There is, and will continue to be, ongoing dialogue with the IPU, within the constraints of the legal advice provided. I wish to see that dialogue continuing in a constructive manner.