Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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To ask the Minister for Health the action he will take to address the prevalence of unregistered, unregulated operators providing dentures directly to consumers as highlighted by the Consumers Association of Ireland in May 2011; if his attention has been drawn to breaches of the law in this regard and the concern expressed by the Dental Council and by properly regulated and registered practitioners, as well as the false advertising by illegal operators; and if he will make a statement on the matter. [41004/12]

James Reilly (Dublin North, Fine Gael)
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The Dental Council is the regulatory body with the authority to bring a prosecution for breaching section 51 of the Dentists Act 1985, which prohibits the practice of dentistry by unregistered persons. The council has undertaken a significant amount of work investigating the matters raised in the article referred to by the Deputy and its investigation in this regard is ongoing.

A range of initiatives has been undertaken to address the problem of unregistered practitioners. The Dental Council has, where public safety is at risk, referred complaints to the Garda Síochána for investigation and prosecution. It has approved a clinical dental technology programme, delivered at the Dublin Dental University Hospital, as a registerable qualification. The first intake of students has now completed the course and are currently registering with the Dental Council, with a second intake due to commence the programme shortly. The council has published the register of clinical dental technicians on its website and posted an advisory statement for members of the public. Discussions have commenced with the Irish Medicines Board with a view to signing a memorandum of understanding to formalise the transfer of information between it and the council. In addition, the council has obtained positive findings from the Advertising Standards Authority of Ireland in three cases concerning denturists advertising their services.

My Department and the Dental Council take the matter of illegal practice very seriously and will continue to work with the relevant authorities in addressing the issue.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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The legislation allowing properly qualified and registered clinical dental technicians to supply dentures directly to the public was very welcome. It offered people greater choice by addressing a situation where such treatment could previously only be done by dentists. Is the Minister aware, however, that there are only 15 clinical dental technicians on the Dental Council register? The Consumers Association of Ireland has concluded that consumers in this country are potentially exposed to unregulated and unregistered denture providers. As such, they are at risk of receiving denture treatment from persons not adequately qualified to provide it, thus very possibly compromising their oral health.

The Minister has shown an awareness of the research in this area. Is he aware that a significant number of operators who are supplying consumers directly are in breach of the law because they are not properly qualified or registered? Has he received reports of such breaches of the law? What does he propose to do to raise awareness of this problem, which is very important in terms of consumer protection? Finally, what will he do to ensure proper compliance with the law in order to ensure consumers are protected?

James Reilly (Dublin North, Fine Gael)
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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.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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I have listened to the reading of the relevant judgment. What actions will the Minister and Department take in co-operation with the Dental Council? It is very serious that people can now present at the premises of a dental technician and obtain dentures or have other related needs met. We need to raise awareness of this issue because members of the public need to know there are only 15 registered and fully qualified dental technicians in the jurisdiction. Clearly, such a small number cannot cater to all those who may present to them. It is important, therefore, that every effort is employed to ensure compliance on the part of the greatest possible number. What action does the Minister propose to take to raise awareness and to deal with misleading advertising for services by people claiming to be what they are not? This is an issue the Advertising Standards Authority for Ireland has also had to address.

James Reilly (Dublin North, Fine Gael)
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I thank the Deputy for raising this issue as this discussion, in itself, helps raise awareness. I, too, am concerned not only about this case, which involves clinical dental technicians and the provision of dentures, but about other areas where there is confusion, particularly in respect of people who describe themselves as counsellors. While some counsellors have excellent training, others may have done a course over six weekends, which is not the same thing. It is always a matter of concern to a general practitioner to ensure the person to whom he or she refers patients is suitably qualified. The same applies in respect of dentists. In addition to 15 dental technicians, many dentists can also fulfil requirements in this area and more are being trained.

The Deputy asked me specifically to outline what is being done about this matter. The Dental Council will refer complaints involving a risk to public safety to the Garda for investigation and prosecution. It has also published the register of clinical technicians on its website to enable people to ascertain whether the person they are attending is a bone fide, properly qualified, registered clinical dental technician.

This evening's debate is important because we need to disseminate information on this issue. I concur with the Deputy that we must protect members of the public from people who are not properly qualified and are passing themselves off as qualified as such persons are unable to render the services patients deserve.