GRTU threatens to pull out of POYC over Chemimart relocation
Charlot Zahra
Health Director-General Ray Busuttil testified in court yesterday that he could not issue a temporary licence to Reginald Fava, owner of Chemimart Ltd, because the pharmacies taking part in the Pharmacy of Your Choice (POYC) scheme would stop participating.
He was testifying in the court case presented by Fava against the Government, the Health Department, the Medicines’ Authority and the Commissioner for Land.
“Should another pharmacy be allowed to operate in Republic Street, the other pharmacies could stop providing services under the POYC scheme.,” Dr Busuttil told the court, adding that the scheme services some 60,000 customers. “This has implications for a substantial number of people,” he added.
In his testimony, the Health Director-General told the Court that he understood that Chemimart had not requested the temporary permit without a founded reason, but because the company was being moved on account of the City Gate project.
Busuttil told the Court that the issue of granting a temporary licence was governed by a legal notice on the minimum distance between pharmacies which stipulated that the minimum distance between each pharmacy had to be 200 meters.
However, the agreement signed between the Government, the Small Business Chamber (GRTU) and the Chamber of Pharmacists for the establishment of the POYC stipulated a maximum distance of 50 metres between pharmacies.
Busuttil explained how Fava’s temporary pharmacy in Republic fell within the 200 metres limit but did not comply with the 50-metre limited.
The Health Director-General told the court that in view of this, he had been warned to postpone a decision until the issue was settled.
Chemimart owner Reginald Fava told the Court that he had been informed about his new premises in Republic Street only yesterday morning.
“As soon as I was told about the location of the new premises, I immediately sent my workers there to start the refurbishment works on the allocated premises,” Fava told the Court.
Fava added that he was very satisfied with the new premises offered to him by the Government, but he needed a year to refurbish the allocated premises.
It was in view of this that Fava had called on the Government to allocate to him a temporary licence to transfer to another premises in Republic Street until the refurbishment works in the new premises were completed.
When cross-examined by his lawyer, Fava told the Court that three years ago, he had already been granted a temporary permit to move his pharmacy to the temporary premises when he had conducted refurbishment works in his pharmacy at the time.
He added that his request for the temporary permit had not been acknowledged or answered.
Fava told the Court that he could not close his pharmacy because that would violate his own licence conditions. Moreover, he also had a duty to his clients and employees.
In his closing submission, Fava’s lawyer, Edward Debono, insisted that the Government could not refuse offering a temporary licence to his client only on the basis of a perceived threat of industrial action by the GRTU.
“This shows that effectively there is a closed shop system in the operation of pharmacies in Malta,” Debono told the Court. “This violates the rule of law and goes counter to the provisions of the EU acquis and the EU’s founding principles.”
Earlier, a request filed by a number of pharmacies in City Gate represented by the GRTU and a number of Republic Street pharmacy owners to intervene in the case filed by Fava against the Government was dismissed by Judge Joseph Zammit McKeon, who was presiding the case.
Dr Debono and Dr Grech, who was appearing for the Government, both objected to the GRTU and the pharmacies intervening in the case.
Mr Justice Zammit McKeon was due to deliver a judgement about this case tomorrow at 9 am. czahra@mediatoday.com.mt
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