General Pharmaceutical Council (Constitution) Order 2009:

A paper for consultation

Reply Form

Closing date for responses: 25 November 2009

Please fill in and/or tick the appropriate response.

Name Vanessa Taylor
Contact address 2 Nevill Ave, Hampden Park, Eastbourne BN22 9PT
Organisation representing (if appropriate) South East Forum of Local Pharmaceutical Committees
Postcode
Contact telephone 07770 430186
Email

Before submitting your response to the Department, please make sure that it has been saved in a name (eg GPhC Constitution Order response) that will make it easier for us to track. Many thanks.

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General Pharmaceutical Council (Constitution) Order 2009: A paper for consultation

Consultation Questions

Terms of office of members

Q1 Do you agree that the Privy Council should determine the duration of the term of office of each Council member, on appointment?

Agree

Disagree

Unsure

Comments

The determination of duration of term of office should be the same for all members and for a fixed term appointment; the Privy Council should determine this in advance (for all members).

Q2 Do you agree that no Council member should hold office for more than an aggregate of 8 years during any period of 20 years?

Agree

Disagree

Unsure

Comments

Agree

Education and training of members

Q3 Do you agree that the GPhC should have the flexibility to make arrangements for the provision of education and training of Council members with another body?

Agree

Disagree

Unsure

Comments

Agree

Disqualification for appointment as a member

Q4 Do you agree with the reasons for disqualifying a person from appointment as a member of the Council? If not, please specify which reasons you disagree with and explain why.

Agree

Disagree

Unsure

Comments

Whilst we agree that appointment to the G.Ph.C Council should be closed to certain categories of people, convictions should be carefully considered and defined. Simple cautions issued to undergraduates may remain on record and not be good reason to exclude a person; retrospective application of such a previous “offence” should be properly considered.

Q5 Do you agree with the reasons given for the Privy Council’s ability to remove or suspend members from office? If not, please specify which reasons you disagree with and explain why.

Agree

Disagree

Unsure

Comments

No comment

Appointment, term of office and cessation of the Chair

Q6 Do you agree that the Chair of the Council should be appointed by the Privy Council?

Agree

Disagree

Unsure

Comments

This appears to have already been carried out. Going forward the Council should have the power to recommend its own Chair which the Privy Council approves.

Q7 Do you agree that the term of office of the Chair should be determined by the Privy Council?

Agree

Disagree

Unsure

Comments

There should be an agreed term of office for all Chairs and this should be determined in advance by Privy Council.

Q8 Do you agree with the reasons why a member should cease to be Chair?

Agree

Disagree

Unsure

Comments

No comment

Deputising arrangements in respect of the Chair

Q9 Do you agree with the deputising arrangements in respect of the Chair?

Agree

Disagree

Unsure

Comments

We agree that when a Chair is absent from a meeting, the Council can nominate a deputy for that meeting. With regard to longer periods of absence of the Chair, we are pleased to see this matter addressed but would like to see more formal policies adopted covering the point at which a deputy is nominated, how long that is for, whether the deputising Chair is a member of the Council and consideration of the effect of this on voting.

Quorum of the Council, effect of vacancies on the validity of proceedings etc.

Q10 Do you agree that the quorum of the Council should be 8?

Agree

Disagree

Unsure

Comments

We agree that 8 may be the number for quorum of the Council as long as there remains parity with a minimum of four lay members and four professional members. There should never be more lay voting members than voting professional members and vice-versa.
The vote of the Chair should also be carefully defined and we wish clarity on whether that vote is a casting vote. If so the Chair should be present in addition to the quorum to ensure that a tied vote is determined fairly and objectively.

Q11 Do you agree with the provisions that prevent Council proceedings being invalidated?

Agree

Disagree

Unsure

Comments

We propose that any special provisions that prevent Council proceedings being invalidated should be more clearly defined. Vacancies on the Council and defects in the appointments process must be addressed promptly and whilst membership and the balance of voting members are affected, normal Council proceedings should not take place. The Council should not operate or be managed by exception as may be the case with these proposals.

General comments

Do you have any other comments you would like to make in relation to this consultation?

We thank you for the opportunity to respond to this consultation.

Before submitting your response to the Department, please make sure that it has been saved in a name (eg GPhC Constitution Order response) that will make it easier for us to track. Many thanks.