The Minister has no powers over the commercial decision-making of how individual pharmacies allocate medicines to private customers. Pharmacies operate as commercial entities in a competitive pharmacy market.
There is no evidence or data available to the Department indicating that current reimbursement mechanisms create differential or delayed access for either GMS or non-GMS patients. The Department of Health has not conducted a specific equity impact assessment examining whether patients without medical cards, or those who rely on the Drugs Payment Scheme (DPS) or pay privately (GMS versus non-GMS/DPS/private), face additional barriers in accessing substitute medicines during supply shortages.
The recent Framework Agreements on the Supply and Pricing of Medicines for which agreements in principle have been made with the pharmaceutical industry will emphasise the importance of the security of supply for medicines, and aim to reduce the risk of shortages for all patients in Ireland.
Ireland has a multi-stakeholder Medicines Shortages Framework in place operated by the Health Products Regulatory Authority (HPRA) on behalf of the Department of Health. This framework aims to help prevent potential shortages from occurring and to reduce the impact of shortages. Stakeholders include the HPRA, the Department, the HSE, healthcare professionals, manufacturers, wholesalers, patient representative groups and marketing authorisation holders.
In European law, pharmaceutical companies and wholesalers should ensure an appropriate and continuous supply of the medicines they market. Companies are required to notify the HPRA of medicines shortages or potential shortages impacting the Irish market. The HPRA maintains a list of current and resolved shortages of products on its website.