Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I am taking this matter on behalf of the Minister for Health, Deputy Donnelly. I thank the Senator for the opportunity to address the issue of the review and updating of the Dentists Act 1985. The practice of dentistry is underpinned by a range of Acts, of which the Dentists Act 1985 is only one. The Department of Health plays an active role in developing and amending relevant legislation to align with best international practice. The Minister for Health is committed to reviewing and updating the Dentists Act 1985.The protection of the public and ensuring high oral healthcare standards will continue to be the central focus of this work. The review and updating of the legislation are directly related to the wider implementation of the national oral health policy which envisages a fundamental reform of oral health services in Ireland.

In September 2022, as the Senator referenced, following the cessation of practice of a specialist orthodontist in Galway, the Minister for Health met patient representatives and local representatives to listen to their specific concerns and to consider possible options. The usual course of events would be that orthodontic practices are wound down in an orderly fashion when necessary, with patients continuing to receive care in other practices, as arranged by the dentist providing their care. In the case referred to by the Senator, due to the circumstances of the cessation of practice of the specialist orthodontist, this was not possible. Officials in the Department of Health have worked with the Dental Council and relevant stakeholders to ensure that everything possible was done to resolve the concerns of patients affected. To support patients to receive continuity of care, the Dental Council wrote to orthodontists located nearest to the practice to seek their cooperation to provide care to former patients of this practice. The Orthodontic Society of Ireland also coordinated with its members to seek ways to resolve this situation to enable ongoing care to be restored as soon as possible.

Issues relating to the refund of fees are, unfortunately, a broader issue outside the remit of the Department of Health. Instead, they are related to consumer law which is under the remit of the Department of Enterprise, Trade and Employment. The Competition and Consumer Protection Commission is the statutory body responsible for promoting compliance with, and enforcement of, competition and consumer protection law in Ireland and is best placed to advise on any concerns regarding the refund of professional fees.

That is the response from the Minister for Health and the Department but it would not be correct of me to stand here and not acknowledge the upset and frustration that has been caused to these families. Senator Kyne, like me, is representing a lot of these families who are now at the end of their tether because they had to pay out not just once, but twice. Children were left with their mouths full of braces and did not know where to turn. It has gone on for far too long and the Senator is quite right to point out that while this is just one example, there is nothing to say it will not happen again. There is no reassurance within the legislation of either prevention or assistance. This should be a priority within oral health. The legislation should be amended as soon as possible. This has caused a lot of upset and frustration. Many of the children affected were doing exams at the time. I will encourage the Minister for Health, Deputy Donnelly, to get his officials to address this as soon as possible.