In Views

Follow this topic

Bookmark

Record learning outcomes

It’s outside the powers of the Pharmaceutical Society of Northern Ireland to investigate complaints about articles in magazines and I intend to put that right, says Terry Maguire…

I never thought it would happen but it did. After 40 years on the register of the Pharmaceutical Society of Northern Ireland (PSNI) I became the subject of a fitness-to-practice (FtP) investigation initiated by the registrar on February 19, 2025.

The complaint raised has now been closed without further action I am pleased to say. That’s all good but it is difficult to properly describe the emotions that such a situation creates.

There is, of course, the worry that the accusation might be considered correct by a panel of my peers. There is that sense of shame in that in coming to the end of my professional career I was being faced with the ultimate sanction of removal from the register for wrong-doing.

An issue of public concern

It was, to say the least, a difficult four weeks. The complaint against me was based on an article published in Independent Community Pharmacist on December 9, 2024.

The article addressed an issue of public concern; the Society’s ability to discharge its regulatory function. The complaint was that, in writing this article, I had brought the profession into disrepute and the alleged inaccuracies in the article questioned my competence as a pharmacist.  So, two serious allegations.

In my response, which I was required to provide and within a defined timescale, I made a case that just because someone holds a contrary view is the wrong measure of whether or not the public’s trust and confidence in the Society has been undermined.

This person is hardly the first to be enraged by my comments, hopefully they won’t be the last. I consider that the article was an exercise of my basic right to freedom of expression.

Action taken against me was disproportionate

This, of course, is assured by Article 10(1) of the European Convention on Human Rights (ECHR). Regulatory action taken against me I felt was disproportionate.

The person bringing the complaint failed to identify how, and in what way, any alleged inaccuracies could amount to a concern about my professional competence.

I believe strongly that it is outside the powers of the Society to investigate such a complaint and I am now seeking to put that right not just for myself, it has already happened to me, but for others who might find themselves in a similar position.

It’s much too easy for the bullies to suppress healthy public debate and honest discussion.

In the Threshold Criteria issued in June 2020 and in the PSNI leaflet Rising Concerns; Patient and Public Guidance, the PSNI states there are a number of areas that the Registrar cannot investigate.

The latter document states: 

“It is not possible to provide an exhaustive list of all matters which fall outside the jurisdiction of PSNI". 

The areas explicitly excluded are; customer complaints, contractual disputes and employment issues. It seems obvious to me at least that expressing an opinion in a magazine honestly and in the public interest should be one of these excluded areas.

Whatever happened to a good old-fashioned letter to the editor?

If an article is truly dishonest or defamatory for example, this should be addressed in a different place at least in the first instance. And whatever happened to a good old-fashioned letter to the editor?

An investigation in the FtP process is undertaken to gather additional information on which the Registrar might make a more informed and objective decision.

She had my article and the detailed complaint so she didn’t need additional information. In her letter informing me of the complaint, she did not ask for specific or additional items of information just for my response to the complaint. That was that the complaint should be dismissed as it subsequently was.

Where I did not see any conflict directly with the Registrar dealing with the matter, I was unclear how PSNI could fairly prosecute a FtP case where the Society had a clear and unambiguous conflict as it was the subject of my criticism.

Appointing a deputy registrar would hardly solve this problem. I wrote to the president requesting that the right to freedom of speech be explicitly stated in both the Threshold Criteria and the Raising Concerns Leaflet.

The FtP process is such an important element for ensuring public safety it must be protected from misuse or abuse. I have received a reply from the newly appointed CEO who has rejected my request.

I had hoped that in writing to the President my letter would be discussed at the next scheduled meeting of Council. Perhaps the PSNI Council no longer has any say in policy and strategy.    

Terry Maguire is a leading community pharmacist in Northern Ireland.