Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this issue, which I am taking on behalf of the Minister for Health, Deputy Donnelly. As the Deputy outlined, under section 38 of the Dentists Act 1985, the Dental Council or any person may apply to the fitness to practise committee of the Dental Council for an inquiry into the fitness of a registered dentist to practise dentistry on the grounds of alleged professional misconduct. Professional misconduct is defined as a serious falling-short in the standards expected of a dentist, and allegations of professional misconduct must be capable of being proven beyond reasonable doubt.

Where a registered dentist has been found by the fitness to practise committee, on the basis of an inquiry and a report under section 38 of the Act, to be guilty of professional misconduct, the council may decide the name of such a person should be erased from the register or from the register of dental specialists, as the case may be, or that for a period of specified duration, the registration of the name in the register concerned should not have effect. Alternatively, the Dental Council, under the fitness to practise provisions of the Dentists Act 1985, following an inquiry and a report by the fitness to practise committee under section 38 of the Act, may decide to attach such conditions as it sees fit to the retention in any register maintained under the Dentists Act of a person whose name has been entered into such a register and decide to advise, admonish or censure such a person in respect of professional misconduct.

Under the Dentists Act 1985, only dentists registered with the Dental Council can legally practise dentistry in Ireland. The use of forged documents, impersonation or other illegal methods to enable this practice are serious criminal offences as set out in the Criminal Justice (Theft and Fraud Offences) Act 2001. Persons found guilty of these offences are liable on conviction to up to ten years' imprisonment. In addition to this, any suspected cases of such activity should be reported to An Garda Síochána. Under the Dentists Act 1985, it is also an offence for a person who is not a registered dentist to use the title of "dentist" to practise dentistry or to represent themselves or hold themselves out as a dentist. These offences can be prosecuted by the Dental Council under the Dentists Act 1985.

The Dental Council, as a prescribed public body, may also rely on section 71 of the Consumer Protection Act 2007. This empowers the Dental Council to apply to the Circuit Court or the High Court for an order prohibiting any trader or person from committing or engaging in prohibited acts or practices.

This includes prohibiting dental practices from trading that may be facilitating illegal dentists on their premises.

More importantly, the Minister for Health is committed to the comprehensive reform of oral healthcare services, including legislative reform, as set out in the national oral health policy, Smile agus Sláinte. The protection of the public and ensuring high oral healthcare standards will continue to be the central focus of this work.

The Minister met the Dental Council on 15 January to discuss the regulatory powers available to it under the Dentists Act 1985 and the potential advancement of interim amendments. Since January, a series of thematic engagements between the Department of Health and the Dental Council to discuss legislative matters in more depth have taken place and any legislative changes will be subsequently a decision for the Oireachtas.

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