The Pharmaceutical Journal
Vol 270 No 7244 p499
12 April 2003

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Confusion over Scottish pharmacy regulations and competition

The Government has failed to confirm whether pharmacy regulations in Scotland are a health matter devolved to the Scottish Parliament or a matter of competition policy over which the Westminster Parliament rules.

Asked for advice on the legal position, the Advocate-General for Scotland (Dr Lynda Clark) said: "In general terms, competition policy is reserved, while health matters are devolved, but the situation can be extremely complex when those matters meet and intersect."

Dr Clarke's statement came in the Westminster Parliament on 8 April in response to a request for clarification of whether the Scottish Parliament has power to reject the Office of Fair Trading's call for pharmacy regulations to be scrapped.

Following the exchange, Annabelle Ewing (SNP, Perth) said: "The question remains to be answered. Was the Scottish Executive announcement made in good faith after checking the legal position or was it just an attempt by Labour to kick this extremely important and sensitive issue into touch for the duration of the Scottish Parliamentary election campaign?"

Although doubt remains among lawmakers, Frank Owens, chairman of the Scottish Pharmaceutical General Council, is confident that the Scottish Executive cannot be overruled.

"The devolution settlement is not a matter of opinion, it is a matter of fact," he said. "The right of the Scottish Executive to make its own decision on Scotland's health care is unambiguous. Devolution means that the directly elected Scottish Government has the power to decide the path that is right for Scotland. The Department of Trade and Industry has explicitly recognised the power and the right of the Scottish Executive to reject the OFT proposal for Scotland's health care system.

"The will of the Scottish Parliament is clear — SPGC has not found a single MSP who supports the OFT recommendation. Revoking the control of entry system would require a vote by the Scottish Parliament and such a proposal currently has no support whatsoever. Centralisation of services by supermarkets is very unpopular with Scotland's decision-makers when it comes at the expense of local provision," he added.