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Vol 273 No 7308 p80
17 July 2004

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News feature

Agreement reached on Charter content

This week, pharmacists see the new draft Charter. All sides of the debate appear to have come together to support it. Clare Bellingham (on the staff of The Journal) reports

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Over the past two years, pharmacy has been absorbed in a heated debate over the future of the Royal Pharmaceutical Society and its Charter. Only a month ago it seemed unlikely that a conclusion that would satisfy all sides would ever be reached. But that is exactly what appears to have happened. What the Council of the Society — and that includes those elected on a Save Our Society ticket — is telling pharmacists now is to join together and vote to accept this draft of the Charter.

It is clear that the Society views this draft as the final one and that members are being asked to give a yes/no answer; it is not another consultation. “This is our last chance: I don’t believe there can be any more changes,” says the Society’s President Nicholas Wood. “I have to stress that if there is a ‘no’ vote, we would be back to square one and the Charter would effectively be overridden by new legislation.”

The changes to the draft Charter are described in an article in this week’s Journal (see p95) and the draft Charter itself is published in a pull-out section. The President comments: “The changes are significant for members but they are not ones that the Privy Council will regard as so significant that they will have a problem accepting them.”

The changes to the draft Charter have not just come from the Council: the Privy Council on behalf of the health departments has also made a number of changes to the December draft. One such change is a new requirement for one member of Council to be a pharmacist from academia. “I am pleased with that suggestion, it reflects the importance of education in the Society,” comments Mr Wood. Another Privy Council requirement that might cause some concern— although not for Mr Wood — is around changes to Byelaws (see Article 10 of the Charter). It requires that changes must be approved by the Privy Council. “Although there was some concern that this was more restrictive on the Society and there were differing views, I felt that as a check and balance I was not unhappy with this,” says Mr Wood.

Council decisions

The latest draft Charter was agreed at a special Council meeting a couple of weeks ago (PJ, 10 July, p67). All those Council members present except one — Sultan Dajani — voted in favour of the new draft. Of the two members who were unable to attend, one, Bob Michell, was reported to have wished to support the proposal. The other, Martin Astbury, says that he would have voted in favour. “As an independent member of Council — I am not an SOS campaigner — I am happy that both sides appear to have come to an agreement that best serves the members.” He says that the revised draft Charter appeared to be the best one that the Council was able to achieve. “This does not mean that it is necessarily the best Charter in the world,” he adds. “It is a different Charter to the December draft and I feel that the amendments are necessary.” He says that he is delighted that a ballot is to be held since he supported the call for a referendum on the Charter last December. “I thought that morally the then Council acted badly by not holding a referendum over such an important issue,” he says.

So why did Mr Dajani abstain? “First, I wanted a final consultation with members. Their views should have been taken on board before going for the yes/no ballot,” he explains. “Second, I was concerned that the section relating to the Benevolent Fund was demoted from an object to a power. I am both pro-representation and pro-regulation and felt that having the Benevolent Fund as a power was tipping the balance away from the dual role to a more regulatory organisation.”

His third reason relates to the word “regulation” being used in Object 3. “If, in the future, the Government decided to take self-regulation away from pharmacy then having the word ‘regulation’ in the Objects could result in the Government over-riding the entire Charter because it cannot exist without its Objects. If the Object was a statement of purpose about protecting the public and the word ‘regulation’ was in a power then this power could be removed and the rest of the Charter could be retained,” he explains.

However, Mr Dajani is still supporting the drive to get members to vote in favour of the new Charter. “The SOS campaign has succeeded in achieving subtle but fundamental changes. I still have concerns but it has moved in the right direction so I encourage members to vote ‘yes’,” he says.

Hemant Patel, Vice-President of the Society, is also supporting the new draft Charter. “The Society was founded as a membership organisation to represent all sectors of the profession. On the other hand, the Government is keen that health care professionals are regulated to ensure the NHS delivers a quality agenda. So we have got a dual role in terms of representing pharmacists and ensuring pharmacists are able to self-regulate. Therefore a compromise had to be reached within the timescale we had,” he says.

Mr Patel highlights the fact that members now have the right to monitor the Council more closely than in the past. He still has some concerns over how the regulatory function of the Society is funded which he hopes will be addressed in the future. But he comments: “I think there are enough safeguards to ensure the assets are protected for the use of members in the future.”

In June, one of the Council members nominated by the Privy Council, Michael Schofield, temporarily resigned because he was concerned about the Society’s future direction following the change in President (PJ, 12 June, p749). But this week he confirmed his support for the new draft Charter. “Yes, I am happy with it. I am pleased that this stage has been finally reached,” he says.

And Immediate Past President Gill Hawksworth says: “Please support the Charter to ensure the future of the profession.”

Now agreement has been reached, is the SOS campaign over?

Those members of Council who stood for election on an SOS ticket are all supporting the new draft Charter. So does this mean that its campaign is over?

The President, Nicholas Wood, was elected on an SOS ticket. “I don’t know whether the other people will feel that the campaign is over,” he says. “When I was elected a year ago, I had concerns so was prepared to be associated with the SOS campaign. It was a campaign of concerns. For me, with the new version of the Charter, all the concerns I had have been addressed, provided we get the ‘yes’ vote.”

John Jolley, Treasurer and another SOS Council member, says: “The campaign was one of reform and establishing the rights of the membership. To that end, the Charter we now have meets the issues raised by the membership. But there will always be issues to safeguard the future success of the profession.” He adds: “I don’t see it as being as complete as Nick does. What we now have to deliver is the reforms that have been requested by the membership; many of these reforms extend beyond the provisions of the Charter.”

There is a common theme in all these responses. In fact, The Journal spoke to all of the SOS Council members bar one (who is not in the UK this week) and they all said exactly the same thing: the SOS campaign is about looking after members’ interests and that this does not stop with the Charter.

“The SOS campaign is just a group of like-minded people who have the welfare of the Society and members at heart,” explains Doug Simpson. “We will continue to work on this basis. Those members of Council who were elected on an SOS ticket have played a full part in the range of the Society’s activities in the past year.”

Graham Phillips adds that setting up a membership committee is high on his agenda. “We need to make sure that we make the Society more relevant to members,” he says. There will continue to be an SOS agenda, but there will not be an SOS approach to all issues, he comments.

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