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Vol 272 No 7285 p154
7 February 2004

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Let us return to reason

From Mr P. J. Curphey, FRPharmS

Since I wrote (PJ, 24 January, p86) asking the silent majority to save their profession — and make no mistake, it is as important as that — things have moved on and, in my view, taken a catastrophic turn. I warned of “dark forces” and wondered when they might emerge. I do not know if the four names, on the application to the High Court against their own elected Council (PJ, 31 January, p109), regard themselves as heroes; neither do I know if these are those dark forces.

I received a flyer this week from the Pharmacists’ Defence Association, of which one of the names mentioned in the High Court application is a director. In this the PDA states that the Royal Pharmaceutical Society cannot defend an individual pharmacist’s interests because it must act in the public interest — which is what the modernisation steering group and the majority of the Council have been saying all along. How would it be possible to enshrine the defence of an individual pharmacist in the objects of a Royal Charter?

It may well be that pharmacists do require a defence association. My view is that by destroying the Society we will end up with two bodies: a modern regulator and a “defence body” which will need well-resourcing. I hope its members think hard about where that money will come from.

Graham Phillips suggested last week (p121) that I am part of the old guard and it amuses me that he calls on another old guard, many of them past Society employees, to support his case. But the old way of doing things has gone, not because is was so terrible, but because it is not now relevant: circumstances have changed.

Mr Phillips also suggested that I am one of the principal architects for repositioning the Society. However, the architect of this change was nothing to do with the Society: it was Sir Ian Kennedy and his report into the Bristol heart surgery scandal. The Council, from the release of that report, spent its time and energy working to ensure that we kept all that was good about the professional leadership body, a fact acknowledged in Kennedy, while at the same time moving smoothly into the 21st century as a modern regulator, keeping, please note, all that has served us so well for 160 years. The architects of repositioning are the signatories to the High Court application. I fear, if they are successful, they will bring about the very disaster they forecast.

In my earlier letter, I did not claim “true wisdom”; just the opposite. In fact I stressed that I was but a “mere mortal” with a view. However, it is — and I make no apology for repeating it — simply not acceptable to frame the objects of the Society in such a way as to suggest, imply, or state that the interests of pharmacists will be put before the public interest. A new (or amended) Charter cannot contain that, and we do not have the time to give it a try to see if we can get away with it. There will be consultation on both the Section 60 order and the Charter: any High Court delay will be perilous.

The Section 60 order will not wait. But it will be framed as the Government wishes and any delay will result in the Charter having to match and reflect that Order. If the Council’s petition goes ahead, we will be strengthened by the new Charter and the law (in the form of the Section 60 order) will simply back that up. But it is not possible to create a dual body that can be in conflict with itself and, in the current political climate, the regulator will prevail.

A modern regulator is nothing to fear. It encompasses all that is good about our professional body: education, research, practice, information and support. Our Society will never, in view of the new wording of the Charter, let us down as a profession. It can never represent an individual pharmacist’s personal interest. That is what the PDA can do. How fortunate that it exists.

Over the past two years, our 45,000 members have been bombarded with every possible type of communication about the draft new Charter and 1,000 of them signed a petition opposing it. How can it be that among the 44,000 who did not sign there are concealed so many more fervent supporters ready to be stirred up by this small, assertive group of High Court applicants? How many small groups have there been in the history of politics that have wreaked havoc by claiming to represent the true majority even when they appear to have the support of just over 2 per cent of the audience?

Let us see an end now to the macho politics and a return to reason. Withdraw the application as a sign of goodwill before irreversible damage is done. It is not yet too late: agreement must be possible if everyone’s motives are transparent, honest and in good faith.

Peter Curphey
Ballaugh, Isle of Man

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