Health Bill

I take the point that access to over-the-counter medicines is an important issue; that is not in any doubt. However, I still genuinely question whether this clause as a whole is necessary. It has been put to me very forcefully by those involved in the pharmacy profession that in practice there are already sufficient determinants in the current rules for deciding between two or more bidders for a pharmacy contract. Introducing these provisions will simply cloud and complicate the issue. The statutory test for an application is whether it is necessary or desirable for the adequate provision of pharmaceutical services. That should remain the test. The question should be, ““Does the application before us fill a gap?”” The Minister did not cover a number of the points I raised: the potential for legal disputes arising from the implementation of this clause; how PCTs are meant to judge between two different applications on this level—it may be a case in some instances of judging between apples and pears; how the competitive claims of pharmacies will be enforced after a contract is awarded; how the enforcement will not be extremely bureaucratic, which I think it is bound to be; and what justification he sees in the NHS interfering in this market. It is a matter over which the NHS is seeking to assume some power, but at the same time it assumes none of the risks associated with over-the-counter sales. Many would argue with the legitimacy of its role in making judgments in this area. I know we need to move on now, in view of the time.