Medicines Act 1968 (Pharmacy) Order 2011

My Lords, I am grateful to both noble Lords for their support for the order. The noble Lord, Lord Collins, asked me three questions. The first was about whether there are any plans to introduce a standardised competency test to make sure that pharmacists from the various countries mentioned have all the required skills to do their job. Under directive 2005/36/EC on the recognition of professional qualifications, which I mentioned, a pharmacist who holds a recognised qualification issued by one member state is entitled to recognition of that qualification in another member state, and would therefore be entitled to registration with a competent authority, such as the General Pharmaceutical Council. However, employers of pharmacists should ensure that anybody they employ has the skills required to undertake the specific post. The General Pharmaceutical Council’s standards of conduct, ethics and performance, among other things, require the pharmacist to recognise the limits of their professional competence and practise in only those areas in which they are competent. Their continued registration is subject to adherence to the council’s requirement for continuing professional development—CPD—and standards of conduct, ethics and performance. Secondly, the noble Lord asked whether there are plans to make sure that those in charge of a pharmacy have a high enough standard of English. The UK Government’s response to the European Commission’s consultation on the review of the directive on the recognition of professional qualifications clearly sets out the view that in the healthcare professions the ability to communicate with patients and service users is vital. The Government also said in their response that it is vital that employers and organisations contracting with healthcare professionals undertake effective checks on language and communication competence. The management of the NHS is devolved, but in England I can say that there are statutory requirements relating to applicants wishing to provide NHS services as a pharmacy contractor; that means that their applications must be refused if they do not satisfy the local primary care trust that they have the knowledge of English necessary for the provision of pharmaceutical services in their area. We expect and encourage those carrying on pharmacy businesses to engage staff, including those who may serve as responsible pharmacists, with a knowledge of English which is appropriate for the role that they will be undertaking. In addition, the General Pharmaceutical Council—the regulator for pharmacists and pharmacy technicians in Great Britain—requires as part of its standards of conduct, ethics and performance, that pharmacy professionals must be able to communicate effectively with patients and the public, and take reasonable steps to meet their communication needs. The noble Lord’s third question was how an employer is supposed to determine whether a pharmacist from overseas is qualified in their own country and has no pending fitness-to-practise cases to answer. Any pharmacist wishing to register in Great Britain with the regulator, including those wishing to register under the EC mutual recognition provisions, must at the point of registration make declarations about any criminal convictions as well as ongoing criminal investigations. In addition, the General Pharmaceutical Council also requires what is called a ““letter of good standing””, or a certificate from the relevant competent authority— that is, the relevant regulatory or government body responsible in the country concerned, which is equivalent to the General Pharmaceutical Council. This is the mechanism by which any fitness-to-practise issues in the home member state are brought to the attention of the General Pharmaceutical Council. The noble Lord, Lord Clement-Jones, asked a broader question about deregulation and reciprocity in our partner countries. At the time when the directive was made, most member states had greater restrictions on pharmacy ownership than the UK. That point in particular caught the attention of UK MEPs at the time. The UK has had the least restricted system for many years, with pharmacies owned by pharmacists and non-pharmacists—for instance pharmacy chains—but in some other member states, pharmacies have to be owned by pharmacists and they can only own one pharmacy, and not a chain of pharmacies. That was the situation as it used to obtain. It is now a number of years since the directive was first cast, and some other European states allow ownership of pharmacies by non-pharmacists, enabling ownership by UK pharmacy chains. The level of reciprocity on pharmacy ownership, including for pharmacy chains, is very much improved. As regards any restrictions which may apply to pharmacists who have qualified in Great Britain practising in other EU member states—which I think is part of the question my noble friend asked—our information is that only one other member state apart from Great Britain now operates a restriction under the derogation permitted by directive 2005/36. Motion agreed.