David Stanton (Cork East, Fine Gael)
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Question 84: To ask the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 125 of 17 June 2004 if she has satisfied herself that guidelines which were issued in 1985 which prioritise cases based on treatment needed for orthodontic services, have a basis in law; the section of the Act that gives legal underpinning to these guidelines; and if she will make a statement on the matter. [9279/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for orthodontic services.

The aim of my Department is to promote the development of the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need, as happens under the existing guidelines. These guidelines were issued in 1985 and are intended to enable health boards, now the Health Service Executive, to identify in a consistent way those in greatest need and to commence timely treatment for them. As such guidelines are issued in the manner of advice to the health boards-authority they do not have a specific statutory basis nor do they require same.