Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 177: To ask the Minister for Health and Children the steps which she is taking to resolve the dispute between the Health Service Executive and public dentists; and if she will make a statement on the matter. [35821/07]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Dental Treatment Services Scheme (DTSS) provides for a range of dental services for adult medical card holders from participating dentists holding contracts with the Health Service Executive (HSE).

The DTSS Review Group was established in May, 2006, to undertake a comprehensive review of Primary Care Oral Health Services provided under the DTSS. Represented on the Review Group are the HSE, the HSE — Employers Agency, the Department of Health and Children, the Department of Social and Family Affairs, the Department of Finance and the Irish Dental Association (IDA). The Group is chaired by Mr Finbar Flood.

During the course of the review, based on legal advice by the HSE, a legal issue arose in relation to the Competition Act, 2002 and the collective negotiation of fees with the IDA. The HSE was advised that the coming together of the DTSS contractors under the auspices of the IDA to negotiate fees would constitute a breach of the Act. The IDA was advised of the legal situation and, in January 2007, discussions on the fee aspects of the review were temporarily put on hold. It is clear now from discussions between officials of my Department and the Attorney General's Office, that there are complex legal difficulties associated with the traditional process for the negotiation of professional fees and that a new approach, in line with Competition Law, must be found. Accordingly, officials in my Department are working with the Attorney General's office to clarify the way forward.