Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To ask the Minister for Health if his attention has been drawn to false advertising by unregistered, unregulated operators providing dentures directly to consumers; the efforts he will make to ensure an end to this; the role of the National Consumer Agency in same; and if he will make a statement on the matter. [51609/12]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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To ask the Minister for Health the number of cases the Dental Council has brought to the attention of the Gardaí relating to breaches of Section 51 of the Dentists Act, 1985, due to unregistered, unregulated operators providing dentures directly to consumers; the number of subsequent prosecutions; and if he will make a statement on the matter. [51608/12]

Alex White (Dublin South, Labour)
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I propose to take Questions Nos. 564 and 649 together.

The Dental Council can bring a prosecution for a breach of Section 51 of the Dentists Act 1985 which prohibits the practice of dentistry by unregistered persons. The Council must prove that the individuals were either practising dentistry or holding themselves out as being willing to practice. The Council does not have powers to deal with the advertising issue generally and identification of the individual concerned is difficult if the advertisement does not name the person. There is currently one prosecution pending in respect of an unregistered operator providing dentures directly to consumers and other matters. The Dental Council does not have information to hand on any previous prosecutions. I will provide the information to the Deputy once I have confirmation from the Council of any previous records.

Insofar as the issue of false advertising is concerned, I understand from my colleague the Minister for Jobs, Enterprise and Innovation that the Consumer Protection Act 2007 prohibits traders from engaging in misleading commercial practices, including in relation to the provision of false information regarding particular matters which would be likely to cause the average consumer to make a transactional decision that she or he would not otherwise make. Consumers who are concerned that traders may be engaged in misleading commercial practices may wish to bring their concerns to the attention of the National Consumer Agency who have responsibility for enforcing the provisions of the Consumer Protection Act 2007.