The HSE has secured a High Court order compelling 35 pharmacies to continue to provide medicine to the public under the terms of the community drugs schemes.
The HSE sought the order dues to what it claims is the “grave risk” to public safety due to the pharmacies failure to give notice that they have ceased providing drugs and medicines in accordance with the terms of the Community Pharmacy Contractor (CPC) agreements.
At the High Court, Mr Justice Garrett Sheehan granted the HSE an interim injunction against 35 pharmacies in the Hickey Group and the Bradley Group of pharmacies, which have entered into CPCs with the HSE.
The two groups operate pharmacies in Cos Dublin, Kildare, Meath, Louth, Wexford and Wicklow.
Under the terms of the injunction, which was granted on an ex partebasis, 35 of the group's pharmacies must continue to provide services to the HSE pending the service of a notice of termination to continue to provide those services in accordance with the terms of Community Pharmacy Contract.
Mr Justice Sheehan said that he was satisfied to grant the order as this was a matter of the “utmost urgency.”
He also rejected the argument made on behalf of the defendants, in correspondence with the HSE, that a dispute resolution clause contained in the CPC agreement precluded the HSE from coming to court to seek an injunction.
Mr Justice Sheehan made the matter returnable to Monday morning.
A spokesman for the Irish Pharmacy Union said tonight the use of the courts at this time was "unhelpful" to securing a full resumption of pharmacy services in the light of a call by the union for a third-party mediator to be appointed.
Seeking the order, Eileen Barrington, for the HSE, said the executive had come to court amid fears that patients may not be able to obtain medicines from the defendants. This carried a risk of endangering the health of people who participate in the various schemes.
Ms Barrington said that the defendants did not give notice that they intended to cease to provide services.
Counsel said after the government announced in the 2009 Financial Emergency Measures in the Public Interest Act it was cutting the renumeration paid to pharmacists under the CPC Agreement many contractors announced they were withdrawing from the scheme.
The HSE wrote to all pharmacists requesting confirmation that would continue with the scheme after August 1st.
However Ms Barrington said neither of the two defendants gave the required 30 days notice that they intended to withdraw from their respective CPC Agreements with the HSE, so it was assumed they would continue to provide services after August 1st.
Counsel said it was claimed in a newspaper article on July 31st that Hickeys was withdrawing from the Community Drugs scheme. When the HSE sought clarification on that claim none was given.
Ms Barrington said the HSE included on its website the names of all the pharmacies that have not terminated their contracts, in order to assist the public. She said the defendants’ names appear on the site because the groups have not validly terminated their contracts.
Counsel said it was the HSE’s claim that 21 out of the 27 pharmacies in the Hickey Group and 14 out of 16 of the pharmacies with the Bradley group are not complying with the CPC Agreements.
She said solicitors acting for the defendants have never sought to deny the pharmacies were closed or not providing the services, or that they intended to terminate their contracts. The companies’ solicitors have been refused to state if their clients will comply with the contractual obligations or not, she added.
According to the terms of the CPC’s pharmacies are also required to be open for a specific number of hours per day, and days per week.
Ms Barrington said the situation with the defendants since August 1st is unclear and fluctuated from “day to day.” The HSE did not know when or what hours a particular pharmacy would be open, or if a unit would be open at all.
“A pharmacy could be closed today but open, tomorrow,” she said, adding that it seemed this was a plan designed to cause “maximum disruption” and put “political pressure” on the Minister for Health and Children Mary Harney.
Counsel added that the HSE’s contingency plans a number of centres for dispensing medicines were set up in areas where the risk of disruption was deemed to be at its greatest. Theses are in Cos Donegal, Kerry, Mayo and Roscommon.
However it did not set up to cater for the Dublin or the general East of Ireland area because it included pharmacies that had not indicated their plans to withdraw from the CPC agreement.
Ms Barrington said had a greater number of pharmacies indicated they were terminating their contracts then arrangements would have been made for more contingency plans. The court also heard it takes time before such a centre can be set up.