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The Pharmaceutical Journal
Vol 271 No 7280 p831
20/27 December 2003

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Charter petition to lead to court action

The SOS campaign plans to take its case to the High Court

The Save Our Society campaign said this week that it will go to the High Court in an attempt to prevent the granting of the new Charter in its final draft form.

The Council of the Royal Pharmaceutical Society petitioned the Privy Council for a new Royal Charter this month (PJ, 13 December, p801). The SOS campaign has already confirmed that it will submit a counter-petition.

This week, the SOS campaign said that, acting on legal advice, it will also be taking its case to the High Court on the basis that the Society’s Council has abused its powers. “This will entail commencing proceedings against individual Council members who voted for the resolution at the 2 December meeting,” the group said in a statement.

“Our legal counsel has advised that although there can be no guarantee of success in such matters, the members have a strong case. He has also advised that it would not be sensible simply to rely on a counter-petition and that to have the appropriate effect, legal proceedings must be commenced as soon as possible,” the statement added.

Ann Lewis, the Society’s Secretary and Registrar, said: “It is quite wrong to suggest that, in the matter of the new Charter, the Council has acted outside its authority, in bad faith or without taking the members’ views into account. The Council has acted entirely properly, within its authority, using robust processes, to a known timetable and, particularly, with emphasis on ensuring that decisions have been fully informed by the views of the membership.” All decisions of Council were binding on the Council as a whole, she said.

“It is the right of any member of the Society or of the public to agree, disagree or make no comment on any decision that affects them and all citizens have recourse to the law should they wish to test their view,” she commented.

Miss Lewis added that the process had been transparent, with all decisions taken in open Council business and that the Council had consulted the membership widely. “The Council was determined to provide opportunities for all members to express their views and not to limit feedback to those who might attend a special general meeting.”

Miss Lewis explained that the Council had undertaken an eight-month consultation which had included regional roadshows, branch meetings, and discussion at a number of other meetings such as the annual general meeting and the British Pharmaceutical Conference. “As a result of this, over 1,000 pharmacists have had the opportunity to debate the draft Charter proposals with Council members and senior staff: 430 written responses were received to the consultation on the first draft and 245 responses received on the second draft. Through their responses, the Society’s members have played a real part in the development of the new Charter,” she said.

However, the SOS campaign said that massive disquiet had been expressed during these meetings. “The concerns expressed by the members at the SGM have been virtually ignored in the final draft of the Charter,” the group said.

An official notice stating that the Privy Council has been presented with a petition for a new Charter appeared in the London Gazette on 15 December (notice code 1106). The notice states: “All petitions for or against such a grant should be delivered to the Privy Council Office, 2 Carlton Gardens, London SW1Y 5AA, on or before 23 January.”

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