Joan Collins (Dublin South Central, People Before Profit Alliance)
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To ask the Minister for Health if there is any proposed legislation to deal with the administering by dentists of anaesthetic to vulnerable adults and their ability to consent to treatment. [45890/12]

James Reilly (Dublin North, Fine Gael)
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The issue of consent to treatment where a person lacks the capacity to make a decision is an issue for all health professionals and not limited to dentists. Irish case law and national and international guidelines suggest that in making decisions for those who lack capacity, health and social care professionals should determine what is in the patient’s best interest, which is decided by reference to their values and preferences where known.

The Health Service Executive established the National Consent Advisory Group in June 2011. This group is multi-agency and multidisciplinary in membership. The aim of this group is to consider the issue of consent to examination and treatment in health and social care and to develop a national consent policy and was chaired by Dr. Deirdre Madden, senior lecturer in Law in UCC. A draft of the policy document was made available as part of a public consultation in May of this year, to which over 200 submissions were received. The final draft has been prepared and should be available in the near future. In addition, the Government legislation programme indicates that a Mental Capacity Bill is expected to be published in the current session which may address this issue.