Liz McManus (Wicklow, Labour)
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Question 246: To ask the Tánaiste and Minister for Health and Children the action she intends to take to correct the monopoly in the dental profession for which the Dental Act 1985 was drawn up and the Dental Council set up; and if she will make a statement on the matter. [22535/05]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Dentists Act, 1985 provides that the Dental Council may with the consent of the Minister for Health make schemes for the establishment of classes of auxiliary dental workers. This is in line with one of two options presented in the Restrictive Practices Commission report, that the general provision on the carrying-on of dentistry by a non-dentist should not apply to the provision of dentures by a denturist. The Act does not give the Minister power to amend a scheme proposed by the Dental Council.

Over the last number of years, the Dental Council has proposed schemes to establish a denturist class of auxiliary dental worker, but the Minister has not consented to such schemes in the absence of a grandfathering clause enabling existing denturists to continue to practice. This issue has been the subject of High Court proceedings which have supported the position of the Minister for Health and which are now the subject of an appeal to the Supreme Court.

The Dentists Act 1985, provides for 19 members to be appointed to the Dental Council. Of these, two are appointed by University College Cork, two are appointed by the University of Dublin, one is appointed by the Royal College of Surgeons, seven are dentists, to be elected by fully registered dentists, two are appointed by the Medical Council, one is appointed by the Minister for Education and four are appointed by the Minister for Health and Children.

The Dentists Act does not stipulate whether nominees other than the seven registered dentists specifically mentioned should or should not come from the dental profession. The four members of the current Dental Council appointed by the Minister for Health and Children are a consultant orthodontist, a consultant microbiologist, a dental technician and the Director of Consumer Affairs. While the Dental Council consists of members from backgrounds including dentistry, administration, psychology and paediatrics, it remains the case that a majority of those on the council are from the dental profession.