James Reilly (Dublin North, Fine Gael) | Oireachtas source

The Deputy is correct that there are 15 clinical dental technicians on the register, but we must not forget that all of the dentists on the register are equally qualified and legally permitted to provide dentures. As I said, the Dental Council intends to pursue those practitioners who are operating without a licence and will co-operate with the Garda in bringing prosecutions against such individuals.

The Deputy may be aware that in November 1997 a denturist named Martin Kenny took High Court case against the Dental Council and the then Minister for Health. Mr. Kenny claimed that there was a statutory obligation on the council and the Minister, under the Dentists Act 1985, to bring forward a scheme for the registration of denturists, which scheme should include a grandfather clause. A reserve judgment in the case was issued in February 2004.

Mr. Justice Gilligan rejected the plaintiff's submission that the Dentists Act 1985 imposed a mandatory obligation on the Minister and-or Dental Council to bring forward such a scheme. He also stated the Minister did not have the power to oblige the Dental Council to insert any provisions into a relevant scheme. The council is only under an obligation to exercise its discretion fairly and reasonably and if, in doing so, it reached a decision that it would not be appropriate to include a grandfather clause in any scheme proposed, the court could not interfere. It would be irresponsible of the Dental Council to compromise in any way the quality of denturists' training given the public expectation of trust in health care professionals. The schemes proposed by the Dental Council are rational. The council did not act unreasonably or unfairly and the Minister, in exercising his discretion and powers pursuant to the provisions of the Act, did so fairly and reasonably.

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