Court adjourns HSE case

A High Court hearing involving the HSE and two chains of pharmacies that were closed during the current dispute over fees was…

A High Court hearing involving the HSE and two chains of pharmacies that were closed during the current dispute over fees was adjourned today.

On Friday, the court granted the HSE an interim injunction against 35 pharmacies owned by the Hickeys and Bradleys chains requiring them to provide medicines under the terms of community drugs schemes.

Before Ms Justice Mary Irvine, the matter was adjourned by agreement of both parties until September 9th.

The interim injunction remains in place. The 35 shops will remain open.

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The outlets opened as instructed by the court on Friday. The owners are seeking to challenge the ruling, arguing they have legally resigned from the schemes.

The HSE said today that reports from across the country indicated that people were having less difficulty accessing their medications.

Mr Patrick Burke, Head of the HSE's Primary Care Reimbursement Scheme, said: "Over 1,100 or 75 per cent of all pharmacies which continue to hold Community Pharmacy Contractor Agreements must provide pharmacy services to members of the public eligible for services under the State Drug Schemes.

"To terminate its agreement a pharmacy must provide a valid 30 day termination notice and continue to provide service during the notice period."

Both sides in the pharmacy dispute have agreed to hold talks though the basis for them has yet to be agreed and there is no indication of when they might take place.

Minister for Health Mary Harney and the IPU have declared their willingness at the weekend to enter discussions on the role of the pharmacy sector in the health service. However, the IPU expressed surprise at what it termed a precondition by Ms Harney that discussions could take place only when the pharmacies with a HSE contract were providing the services required under that contract.

Further disruption is likely in the coming days, with more than 500 pharmacies closed, many others operating only partially and heavy demand expected at the nine “contingency pharmacies” set up by the HSE.

The IPU is protesting the Government’s decision to cut fees in order to save an annual €133 million in drugs costs.

In a statement over the weekend, the IPU expressed "grave concern" at what it said was the failure of the HSE’s contingency planning and the threat to patient safety which had arisen during the past week".

IPU president Liz Hoctor asked pharmacists "to continue their efforts to support their patients at this difficult time".

She said the executive "regrettably, did not believe that a resumption of normal pharmacy services was likely at this time".

Ms Hoctor acknowledged, however, that the Minister had offered to meet with the union and confirmed that the union "will make itself available for that meeting". A spokesman for the IPU said today no decision had been made on a meeting. "The ball is in the Minister's court," he said.

Ms Harney made clear that she was willing to meet the IPU only to discuss the future and "developmental role" of pharmacies.