A High Court judge has criticised the Minister for Health and Children's failure to adhere to an agreement, made in October, that he would favourably decide within 10 days on a Dublin pharmacy's request to be authorised to supply drugs to medical card holders.
Mr Justice Kelly said it was a very unsatisfactory situation where Dame Street Pharmacy Ltd, of Dame Street, had had to take three sets of High Court proceedings to try to get a decision from the Minister on an appeal dating back to May 2000, The taxpayer had to fund these proceedings.
Mr Feichin McDonagh SC, for the pharmacy, said the Minister had on Thursday revoked regulations restricting the opening of new pharmacies .
He believed there was nothing to replace these regulations which had, since 1996, restricted properly-qualified pharmacists from operating and supplying drugs to medical card holders. The removal of the restrictions meant his client could go to the health board and obtain whatever authorisation that was required.
Mr McDonagh said his clients had received no explanation why the High Court settlement entered into in October, which required a favourable decision to be given within 10 days, had not been adhered to.
His clients would be pursing a claim for aggravated damages against the Minister.
Mr Hugh O'Neill SC, for the Minister, said there had been an understanding the Minister would determine the appeal to him by the pharmacy within 10 days. He believed the difficulty was that the Minister had been concerned with the validity of the regulations.
Mr Justice Kelly said the first set of proceedings resulted in a court order and the second set resulted in the compromise agreement of October. There was a third set of proceedings on Tuesday.
Mr Justice Kelly said he had given three days for the matter to come back to court. On Thursday night, the Minister had revoked the regulations.
The judge said no explanation had been given as to why the terms of a settlement entered into in October was not adhered to by the Minister.
He granted leave to Dame Street Pharmacy to apply to pursue a claim for aggravated damages.