Scott questions Minister on contradictory legal advice on Scalloway pharmacy applications

Shetland MSP, Tavish Scott, is asking why Scottish Government lawyers told NHS Shetland that they had to consider the Norsepharm application to open a pharmacy in Scalloway first, before a considering the Scalloway GPs’ application.

Tavish Scott is asking the Scottish Health Minister for an explanation, as this advice directly contradicts her September statement that there was no requirement for the applications to be considered one after the other.

Tavish Scott said:

“The views expressed at the public meeting on Monday mirror the representations I have received. The community is concerned about the impact on their GP surgery if Norsepharm’s application is successful and the very least they want is for both applications to be considered together, so that the relative merits and dangers of the two applications can be properly considered.

“Back in September, the Scottish Health Minister assured me that ‘there is no requirement within the Regulations for NHS Boards to consider applications sequentially’, even though this was the established practice. Now I hear that this week’s meeting was told that Government lawyers told NHS Shetland that they ‘had’ to consider the applications sequentially. I want to know what Government legal advice was given to NHS Shetland and when.

“One thing is clear, the community served by the Scalloway surgery is united in its support for the surgery. When I met the Minister three weeks ago, she made it clear that the Health Board had to give proper weight to the views of the community. Well, when over 250 people turn out on a winter’s night and unite to demand that the two applications be considered together and to make clear their support of the GPs’ application, the Health Board must listen. They have a copy of the Minister’s letter that the regulations do not force them to consider the applications sequentially. That, and the clear message from the community, must surely override established practice.”