Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I move amendment No. 2:

In page 8, between lines 21 and 22, to insert the following:

“PART 3

AMENDMENT OF DENTISTS ACT 1985

Definition (Part 3)

6.In this Part, “Act of 1985” means the Dentists Act 1985.

Amendment of Act of 1985

7.The Act of 1985 is amended by the insertion of the following Part after Part IV:

“PART IVA

MAINTENANCE OF PROFESSIONAL COMPETENCE

Duty of registered dentists and registered dental auxiliary workers to maintain professional competence

38A.(1) A registered dentist and a registered dental auxiliary worker shall maintain professional competence on an ongoing basis.

(2) A registered dentist and dental auxiliary worker shall, whenever required by the Dental Council to do so, demonstrate competence to the satisfaction of the Dental Council in accordance with any requirement of the Dental Council under section 2(1).

(3) A registered dentist and a registered dental auxiliary worker co-operate with any requirements imposed on the registered dentist or the registered dental auxiliary worker by the rules.

(4) The Dental Council may, by notice in writing given to a registered dentist or a registered dental auxiliary worker, who has given an undertaking, require the registered dentist or the registered dental auxiliary worker to co-operate with such an undertaking to the satisfaction of the Dental Council.

(5) A dentist or auxiliary dental worker shall comply with a notice under subsection (4) given to him or her.

Duty of registered dentists and registered dental auxiliary workers to demonstrate professional competence to the satisfaction of the Dental Council

38B.(1) The Dental Council may require a registered dentist or a registered dental auxiliary worker to demonstrate competence to the satisfaction of the Dental Council in accordance with a professional competence scheme applicable to that dentist or dental auxiliary worker or otherwise.

(2) The Dental Council may require a registered dentist or a registered dental auxiliary worker who fails to demonstrate competence to the satisfaction of the Dental Council to attend a course or courses of

further education or training or to do anything which, in the opinion of the Dental Council, is necessary to satisfy the Dental Council as to the competence of that dentist or dental auxiliary worker.

(3) Where the Dental Council considers that a registered dentist or a registered dental auxiliary worker—

(a) who, being required under section 1(3) to co-operate with any requirements imposed on that dentist or auxiliary worker by the rules, has refused to so co-operate, has failed to so co-operate or has ceased to so co-operate,

(b) has contravened section 1(5),

(c) may pose an immediate risk of harm to the public, or

(d) may have committed a serious breach of its guidance on ethical standards and behaviour, then the Dental Council shall forthwith make a complaint to the Fitness to Practice Committee.

Duty of the Dental Council in relation to maintenance of professional competence of registered dentists and registered dental auxiliary workers

38C.(1) The Dental Council shall, not later than the first anniversary of the commencement of this section, or such longer period as the Minister for Health permits in writing at the request of the Dental Council, develop, establish and operate one or more than one scheme for the purposes of monitoring the maintenance of professional competence by registered dentists and registered dental auxiliary workers.

(2) A scheme under this section shall not be established or operated until a proposal for it has been approved by the Minister for Health and the Minister for Public Expenditure, National Development Plan Delivery and Reform.

(3) The Dental Council, in respect of a professional competence scheme—

(a) shall review the operation of the scheme periodically, and

(b) may, following such a review, make recommendations to the Minister for Health as to the steps that, in the opinion of the Dental Council, may need to be taken to improve the operation of the scheme.

Duty of employers in relation to maintenance of professional competence of

registered dentists and registered dental auxiliary workers

38D.(1) An employer of a registered dentist or registered dental auxiliary worker shall facilitate the maintenance by that dentist or dental auxiliary worker of his or her professional competence pursuant to a professional competence scheme applicable to the dentist or dental auxiliary worker concerned.

(2) Without prejudice to the generality of subsection (1), the employer may facilitate the maintenance of professional competence by a registered dentist or registered dental auxiliary worker it employs by providing learning opportunities for that dentist or dental auxiliary worker in the workplace.

Confidentiality

38E.(1) Subject to subsections (2) and (4), and to any agreement made, a person who acquires any information by virtue of the person’s performance or assistance in the performance of functions under this Act relating to any professional competence scheme shall preserve confidentiality with regard to the information and, without prejudice to the foregoing, shall not—

(a) disclose the information to another person except where the disclosure is necessary for such performance or assistance, or

(b) cause or permit any other person to have access to the information except where the access is necessary for that other person to perform or assist in the performance of functions under this Act (including the functions of the Fitness to Practise Committee).

(2) Notwithstanding subsection (1), the Dental Council may disclose information—

(a) in the form of a summary compiled from information provided in relation to registered dentists and registered dental auxiliary workers participating in a professional competence scheme if the summary is so compiled as to prevent particulars relating to the identity of any such dentist or dental auxiliary worker being ascertained from it,

(b) with a view to the institution of, or otherwise for the purposes of, any criminal proceedings or any investigation in the State, or

(c) in connection with any civil proceedings to which the Dental Council is a party.

(3) The Freedom of Information Acts 1997 and 2003 shall not apply to a record (within the meaning of those Acts) relating to any professional competence scheme.

(4) Nothing in this section shall be construed as prohibiting a disclosure of information pursuant to a court order.

(5) A person who contravenes subsection (1) shall be guilty of an offence and liable on summary conviction to a class A fine or a term of imprisonment not exceeding 6 months, or both.”.”.

This concerns regulation although not regulation that would come specifically under CORU. It is with regard to the need for the regulation of standards and continuing professional development, CPD, in particular, for the dental profession. I am taking this opportunity because we have been asked by the Irish Dental Association to seek an amendment to this legislation.

While it is not specifically within the ambit of CORU, I note that the Minister has himself put in an amendment relating to the medical profession and that he is availing of this opportunity. I welcome the fact that there is an opportunity to take some steps with regard to dentists. As I said, this is a recommendation from the Irish Dental Association. It wants to reform the legislation that governs the practice of dentistry through this opportunity before us. I hope the Minister will give positive consideration to that.

Going back to October 2021, the Irish Dental Association had engagement with the Minister's Department. It identified a number of gaps in the Dentists Act 1985 which, in its view, pose significant risk to public safety, including the failure to require dentists and dental auxiliary workers to maintain their ongoing competence. Again, we have a situation where a professional group is asking the Minister to facilitate higher standards and address the potential for risk to patients. I expect that the Minister would be very open to that, particularly as those proposals have been with his Department since October 2021. The Irish Dental Association pointed out that by law Ireland obliges all healthcare professionals except dentists to be competent to practice. This means that while dentists are ethically obliged to maintain an ongoing competence, this is not underpinned by legislation. Dentists are regulated in separate legislation in the same way as doctors and nurses. The whole question of competence and maintaining that competence is not underpinned by legislation, however. That is clearly a weakness in the system. It means the dentists are very much out of step with other regulated healthcare professionals and specifically doctors and nurses. The Irish Dental Association suggested this amendment to address the issue and circulated it to members of the committee. I have submitted this amendment on its behalf.

The proposed amendment is derived from and very similar to the Nurses and Midwives Act 2011, which is currently law. It very much uses the template of that legislation. The Irish Dental Association very much acknowledges that there are other aspects of dental legislation that require attention. There is an opportunity here to deal with the issue of CPD, however, which I hope the Minister will take.

I will also make a general point. There is no doubt that in recent years, and it is not necessarily deliberate, but we had Covid-19 and while many other issues have been happening in the health service and many other professional groups have been seeking attention for one reason or another, it is true to say that not much attention has been paid to the dental profession or to dentistry generally.

Obviously, there is the whole question of the lack of funding of the dental scheme and the impact of that on the numbers of dentists going into training and particularly those practising in the public sector. Again, many attempts have been made to raise this issue. Many of us have raised it in this Chamber from time to time by way of parliamentary questions and at the Joint Committee on Health and so on. It is an area of medicine that has not had due attention over recent years.

I acknowledge the fact that the Minister met with the Irish Dental Association very recently. I know he wants to strike a better relationship going forward and make more time to provide the kind of attention from his Department that is necessary and that is being asked for. A very good way of displaying his good faith in that regard would be to consider accepting this amendment. I made reference to it on Committee Stage. It was too late to table the amendment for that, but I did discuss it with the Minister. Now, the full amendment has been tabled for this Stage. I ask the Minister in light of all those points to look favourably on this amendment. It is about raising standards and ensuring greater protection for patients and it is about addressing issues that have been raised by those in the profession. They deserve credit for that. I appeal to the Minister to give this positive consideration.

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