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The Pharmaceutical Journal
Vol 271 No 7274 p642-644
8 November 2003

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Letters

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Letters to the Editor

Modernisation

Charter: news, articles and links

Views taken into account but not accepted

Why all is not sweetness and light on Council

Referendum could show lack of support

How can Council ignore the SGM?

Issue of referendum not taken seriously

Considerable merit in Scotland going its own way

Apparent contradiction about decisions

Views taken into account but not accepted

From Mr D. N. Sharpe, FRPharmS

Together with about 350 fellow pharmacists I attended the special general meeting summoned in accordance with the Society’s Byelaws in June. That meeting rejected by an overwhelming majority the Council’s proposed new Royal Charter. The Society has just published a revised draft Royal Charter, and says in its discussion document that it has taken account of views expressed, including those expressed at the SGM. The discussion document asks about the revised charter: “Is it now right?” The answer, sadly, is no.

The Byelaws, which are subject to consultation and to approval by the Privy Council, disappear once replaced by regulations. Those very Byelaws that permitted the SGM to be called are replaced by regulations made by the Council itself. There is no requirement for the membership to be consulted.

The membership of the Society can be extended beyond pharmacists by the Council, subject only to approval by the Privy Council. Again, no requirement for the membership to be consulted.

What of the Council that makes the regulations? A simple majority is all that is required by this Charter, and 12 of the 29 members of the Council are non-pharmacists.

Other changes? Well, the duty to safeguard and promote the interests of members in their exercise of the profession of pharmacy is not back. It has been replaced by a duty to safeguard and promote the profession itself. Not quite the same. This is also subject to the new qualification that the duty is for the public benefit. Any benefit to the members is incidental.

I was president of the Society many years ago. The office of president was established under the Royal Charter. That has gone too.

Whoever prepared this revised draft Charter may have taken account of the views expressed by members and others earlier this year, but they have not accepted them.

David Sharpe
London NW11

 

ANN LEWIS, Secretary and Registrar, Royal Pharmaceutical Society, replies:

I think it is important to clarify some of the points that Mr Sharpe raises, which I hope will serve to reassure him about the concerns he has expressed.

Both the Government and the Privy Council are seeking to reduce Privy Council involvement in decisions where they feel it is no longer appropriate. Although appointment to the Privy Council is normally for life, only Ministers of the government of the day participate in its operational work. Hence, it is government ministers who take Privy Council decisions. It is unlikely that the Privy Council will want to approve the whole range of changes to the Society’s regulations or Byelaws in the future. This would certainly not preclude an opportunity for members to comment on proposed changes.

Under the Council’s proposals, 17 out of 29 of the new Council would be pharmacists, elected by the membership. Pharmacists would continue to be the major influence on Society policy. There are no plans for non-pharmacists to become members of the Society. The revised draft Charter would make it possible for different categories of membership to be created in the future. This could potentially include some form of associate membership which could be extended to technicians and perhaps others but these would not become full members in the same way as pharmacists. Such changes would be subject to Privy Council approval. The Privy Council would expect the Society to seek members’ views first and to submit the comments received with the proposal.

The Society promotes pharmacy’s contribution to health and aims to ensure that the voice of the profession is heard wherever policy relevant to pharmacy is made or implemented. However, it cannot represent the interests of any individual member or group of members, nor can it promote the profession’s interest if that is in conflict with the wider public benefit. This is not something new — the revised draft Charter simply aims to make this long-standing position plain, and to give the Society’s representational role greater clarity and credibility.

The revised draft Charter does in fact provide for appointment of Officers of the Society, including the President. The number and titles of the Officers are not specified, to allow this to be altered if required to meet future needs. For example, it has previously been suggested that it might be helpful to have two vice-presidents, to reduce the burden on the president. At present, this idea could not be progressed without a change to the Charter.


Why all is not sweetness and light on Council

From Mr D. Simpson, FRPharmS

It is quite incorrect for Andrew Burr to claim that the Council of the Royal Pharmaceutical Society has been “working well together and embracing the diverse experience and opinion round the table” (PJ, October 25, p578). All is not sweetness and light. Furthermore, my view, which was the platform on which I was elected to the Council, that the Society’s role as a professional association should be fully preserved and that the Society’s overall governing body should not be swamped by lay people and technicians has certainly not been embraced.

To say, as Mr Burr does, that none of the “Save Our Society” Council members pressed for a referendum on a new Charter is disingenuous. I have asked, without being specific, for a means to be given to the members of signifying their approval of the final form of any new Charter. In any case, the latest debate in the Council was essentially on the form of the draft that would be put out for consultation. The Council’s consideration of the Society’s proposals for a new Charter has yet to be completed.

Mr Burr suggests that the some of his fellow Council members are having difficulty with the fundamental democratic decision-making process. But if he really believed in such a process, surely he would not be satisfied with another round of so-called consultation. He would be urging that all the members have a final say on the charter via a special general meeting or a referendum.

Douglas Simpson
Beckenham, Kent

 

Due to pressure on space, the following comment from the October Council meeting was not published in full in The Journal. — Editor

“DOUGLAS SIMPSON wished to support Nicholas Wood. When they talked about big sea changes in the profession, it was important that the membership should have some means of finally saying they were happy for Council to go ahead with it. A referendum was mentioned at the special general meeting. The Charter itself talked about special general meetings in themselves being called for big sea changes. Nicholas Wood was proposing to check the views of members before big changes were made.”

And later in the debate: “ANDREW BURR agreed with everything Marshall had said. Members at the special general meeting had asked for a referendum. He knew they were not saying that, but he felt it would be proper that the Council explicitly say why they had ruled a referendum out. That needed to be communicated effectively. The reasons he saw they were not going to go down that road were, first, time scale, but also because they had already seen that it was a very complex issue. To simplify and say, ‘Do you agree with this, yes or no?’ was a non-starter. Although he understood the sentiments expressed at the special general meeting, in terms of the practical way forward of dealing with the charter, he would support what Marshall said. However, the communication exercise was important.”


Referendum could show lack of support

From Mr S. I. Dajani, MRPharmS

Ashwin Tanna is right in his assertion that the Royal Pharmaceutical Society’s Council discussed not holding a referendum (PJ, 1 November, p614), which, interestingly, Andrew Burr claims was not raised by any of the Save Our Society candidates (PJ, 25 October, p578).

As part of governance procedures I can only respect the majority decision of my colleagues. However it has to be said that referendums are part of many processes, such as in general elections and the balloting of the contractors in relation to the new contract. Therefore I feel the argument put forward not to hold the referendum is a red herring and an excuse rather than a reason. Cynics could well believe that the fact the Council chooses not to hold a referendum speaks volumes for the lack of confidence in its support and, therefore, it can be argued that it is not acting in the interests of the profession.

A referendum would show the support, or the lack of it, and would have been a vital indicator because, frankly, after all the talking and the consultations, if something poor or unpalatable is delivered to the majority it is going to do untold damage to the morale of pharmacists and therefore the profession.

Sultan Dajani
Member of Council
Royal Pharmaceutical Society


How can Council ignore the SGM?

From Ms A. M. Baker, MRPharmS

I find it hard to understand why anyone needs to send a petition to the Royal Pharmaceutical Society’s Council to ask for a referendum on the draft Charter (PJ, 25 October, p570). A unanimous motion was carried at the special general meeting for a referendum — why, then, does the Council have the power to ignore this?

There are, in my opinion, several good reasons for having the referendum. Many more pharmacists will respond to a simple referendum than a general request for comments. Comments take time and effort and require that someone feels strongly about an issue. A “yes/no/no opinion” type of referendum after the comments have been collated and a final draft produced would ensure that all parties (including the Council and the Save Our Society group) could be certain that members’ views had been adequately canvassed. Comments about the “silent majority” would no longer be relevant.

I think that for the vast majority of Council business, members are content to let themselves be represented by those whom they voted on to the Council. But this is a document that will affect all members, for the rest of their working lives and beyond. It is not often that these momentous documents are produced, and I believe strongly that, when they are, the Council should be seen to be doing everything in its power to find out and incorporate the views of the membership. To date, it has done so, although seemingly a little reluctantly. There have been roadshows, a consultation period, a redraft incorporating many of the suggested changes and a further consultation period. All the Council has to do now, once it has produced a final draft, is to hold a referendum, as requested by the members at the SGM, to confirm that the final draft is satisfactory.

A referendum could do a lot of good, and help to restore the faith of ordinary members in how the Society operates, and intends to operate in the future.

Alison Baker
Dumfries


Issue of referendum not taken seriously

From Mr H. Argomandkhah, MRPharmS

In his letter (PJ, 25 October, p578) Andrew Burr’s attempts to justify the Royal Pharmaceutical Society’s Council’s lack of support for a referendum have failed to convince me that it has taken the issue seriously. Together with the report of the Council meeting held earlier in October (PJ, 11 October, pp521–6), it is clear that the issue of the referendum was not on the agenda as an item with its own merit. I can only presume the Council hoped that by sidelining the issue, somehow it would go away.

In his letter Mr Burr rubbishes the petition as mere political posturing, but fails to mention his own posturing, as he seeks re-election next year. Surely this cannot be a case of the pot calling the kettle black.

Why does he or the Council not want to hold a referendum? Surely the complexity of the issue in not the real problem, since the issues will have to be explained in the documents accompanying the referendum. Could the real reasons be the hidden agenda buried within the draft Charter document, which members will not be able to decipher for themselves?

Based on the Council’s timetable we will soon be passing the point of no return. Unless the membership wakes up to this fact, their wish for a truly representative body for pharmacists will be lost for good.

Hassan Argomandkhah
Liverpool

 

Ann Lewis, Secretary and Registrar, Royal Pharmaceutical Society, replies:

The Council did not in any way sideline the question of a referendum. Having produced the revised draft Charter, it gave careful consideration to the form that further consultation should take. In the debate, the Council acknowledged the feeling behind the special general meeting’s call for a referendum but concluded that this would be an inadequate method of ascertaining pharmacists’ views on the revised draft Charter. There is not a simple “Yes” or “No” question to pose. A pharmacist who was unsure about one article in the draft Charter could find him or herself having to vote “No” to the whole draft. This would give the Council no information on the particular point or points that had caused concern and, as such, would be of little help in informing decisions. Throughout the extensive and wide-ranging consultation process on the Charter, the Council has sought to promote constructive feedback. It does not want to restrict the consultation to any single question and is encouraging comments on any aspect of the revised draft Charter. I hope that many pharmacists will take the opportunity to send in their views.


Considerable merit in Scotland going its own way

From Mr M. R. Hickey, MRPharmS

In the news item (PJ, 1 November, p603) reporting the latest Save Our Society document you picked up on one interesting point in relation to devolution.

If pharmacists in Scotland continue to be as let down by the various draft Charters as many of us presently believe we are, there is nothing to stop the members resident in Scotland from seeking their own new Charter. To do so would simply bring them in line with many of the other Scottish professional bodies. I understand a Scottish pharmaceutical body could be regulated by any appropriate organisation. This might be Lambeth, or equally it might be some other regulator, such as the Health Professions Council.

There is considerable merit in Scotland going its own way. It is already evident that the effects of devolution are causing the profession to become significantly different from that practised in the other parts of the United Kingdom. It is also becoming apparent that Lambeth is primarily interested in working with the English Department of Health, this London-centric focus is increasingly inhibiting Scottish pharmacists from formulating Scottish solutions to Scottish problems.

In the event of the Scots seeking their own Charter, and this would essentially mean the end of the Society as it has existed since 1843, attention would have to given to ensuring that the Scottish members retained their share of the assets that have been accrued over the past 160 years.

Far fetched? I don’t think so, the idea has been mentioned at every meeting I have attended in Scotland this year, and increasingly so.

If the Council continues to fail to listen to what the pharmacists resident in Scotland are saying then I would suggest that any forthcoming special general meeting, or vote of no confidence in the senior members of Lambeth’s staff and members of Council, might be the least of their problems.

Maurice Hickey
Forres, Morayshire


Apparent contradiction about decisions

From Mr G. S. Phillips, MRPharmS

Along with a large majority of the membership in responding to the “Fit for the future” consultation, I opted for the Royal Pharmaceutical Society to retain both its representative and its regulatory roles.

It is interesting to note that Andrew Burr (PJ, 25 October, p578) acknowledges that “representation” has now been dropped from the Society’s vocabulary and curious that he asserts that this is not significant. I would be fascinated to know how he justifies that assertion.

Curiouser still, he asserts that some members of the Council have difficulty in accepting the fundamental democratic decision-making process (sic) while simultaneously arguing himself that a referendum over the new Charter should be denied the membership (may I still call us that, or are we now merely registrants?). And this despite the unanimous support for a referendum at the special general meeting in June of this year.

I wonder if the apparent contradiction here places Mr Burr in “a little local difficulty”.

Graham Phillips
St Albans, Hertfordshire

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