The Health Minister, Lord Howe, has committed to end the injustice of criminalising pharmacists who make a single dispensing error, following a campaign by the Royal Pharmaceutical Society. Speaking in the House of Lords, Lord Howe said that the Government would bring forward legislative change to address the issue at the earliest possible opportunity. 

For decades, pharmacists have faced criminal prosecution if they make a single dispensing error. By harnessing the power of our members, we have succeeded in placing the decriminalisation of single dispensing errors firmly on the public agenda. Working closely with the Society, Liberal Democrat Peer Lord Clement Jones tabled an amendment to the Health and Social Care Bill to end the automatic criminalisation of dispensing errors.

The amendment was debated in the House of Lords in December 2011. Following extensive briefing by the Society, a large number of Peers from across the House spoke in favour of a change in the legislation. Eventually, the amendment was not passed by the House of Lords. However, the Minister’s commitment - during the debate - to bring forward legislative change is an important concession and we look forward to working with the Government to achieve this goal.

Watch the highlights of the debate at the House of Lords »

Over the past two years we have been working behind the scenes to find a way that would lead to a change in the legislation.

We originally created a campaign involving pharmacists across the country contacting their constituency MP and asking them to sign an Early Day Motion (Parliamentary petition) calling for the decriminalisation of dispensing errors. The Early Day Motion was signed by hundreds of MPs and raised awareness of the strength of feeling within the pharmacy profession. The result of this pressure was Andrew Lansley MP, telling delegates at our annual conference that the legislation would be dropped within the first year of a Conservative Government.

Following the 2010 General Election, further lobbying of the Government secured guidance from the Crown Prosecution Service advising all prosecutors to consider additional factors such as whether there was genuine intent or whether a single dispensing error was purely an error. Commenting on the publication, Keir Starmer QC, Director of Public Prosecutions said: "We were made aware of rising concerns among pharmacists' professional bodies in relation to prosecuting offences under the Medicines Act 1968 where a dispensing error has occurred. We…believe that this Legal Guidance will ensure high quality decision making and consistency of approach when prosecutors come to consider such cases."

This advice is still in place as we await the legislative change promised by Government.