HL Deb 21 July 1898 vol 62 cc529-30
THE EARL OF HARDWICKE

My Lords, I beg to move that this Bill be read a third time.

Upon the Amendment— A company may carry on the business of a pharmaceutical chemist, or chemist and druggist, if and so long only as the business is bond fide conducted by a manager or assistant being a duly registered pharmaceutical chemist or chemist and druggist, but, subject as aforesaid, sections one and fifteen of the Pharmacy Act, 1868, shall apply in the case of a company in like manner as they apply in the case of an individual."—(The Lord Chancellor.)

THE LORD CHANCELLOR

My Lords, I have thought it proper to put down an Amendment to this Bill in consequence of representations that have been made to me as to the effect produced by recent decisions in the courts, that the provisions of the Pharmacy Acts do not apply to the case of companies. Those Acts expressly deal with persons only, and it has been held that the word "person" in those Acts does not include a corporation. Numerous instances have been brought to my attention of companies formed for the purpose of carrying on the business of chemists by persons who are not themselves qualified within the meaning of the Pharmacy Acts, and it is also stated that there are companies carrying on the general business of stores, and including a drug store amongst their operations, who cannot be brought within the penalties imposed by these Acts upon unqualified persons. It therefore became clear to me that some amendment of the law was desired, and it appeared at first sight as if the Bill of the noble Earl offered an opportunity for such legislation. I find, however, that this Bill is confined to England, and that the Amendment which I proposed to make would not extend to Ireland, where, as I am informed, the evil is even greater than in this country. I am also told that some undertaking was given in the other House of Parliament that this Bill, as applying to the internal affairs only of the Pharmaceutical Society, should not include any contentious matter. I do not altogether approve of such undertakings being given in one House so as to bind the other, but, as I understand that my proposed Amendment would wreck the Bill, I cannot proceed with it. I wish to add that the evil in question is one which appears in a still more objectionable form, in relation to the medical profession, and, of course, any Amendment of the Pharmacy Acts cannot deal with that still more important branch of the subject. I should be glad to see a favourable opportunity of dealing with the question generally, not only as regards the Pharmacy Acts, but also in relation to the Medical Act. Under the circumstances, however, I will not move the Amendment of which I had given notice.

Question put.

Bill read a third time.

THE EARL OF HARDWICKE

I move that this Bill do pass.

Question put.

Agreed to.