The Supreme Court has dismissed a challenge by two pharmacies to the legality of a 1996 agreement between the Irish Pharmaceutical Union (IPU) and health boards aimed at enhancing the role and standards of community pharmacies.
The five-judge court yesterday rejected appeals against a High Court decision upholding the legality of the agreement.
The appeals were brought by Collooney Pharmacy Ltd and Holly Hill Pharmacy Ltd, subsidiaries of McSweeney Group Ltd, the holding company for several companies which own pharmacies in the State.
Prior to 1996, the Collooney and Holly Hill pharmacies were parties to a community pharmacy contract with the North Western Health Board and the Southern Health Board respectively,
In August 1996, both boards sought to oblige the two pharmacies to enter into a new contract as a condition of continuing to supply pharmacy services. The pharmacies disputed the terms of the contract but entered into the contracts without prejudice to the issues raised in their legal proceedings against the boards.
The pharmacies argued that the agreement, although contractual in form, was in reality a form of quasi-legislation, particularly in relation to provisions which required that supervising pharmacists have three years experience and allowing for the future incorporation into the agreement of agreed changes in arrangements for the provisions of pharmaceutical services.
