Minister welcomes the judgment of Justice Gilligan
The Minister welcomes the judgment of Justice John Gilligan in the High Court Action between Martin Kenny Trading as Denture Express, The Dental Council, Minister for Health and the Attorney General.
It will be some time before the Minister has had an opportunity to study the judgment in detail to examine the implications for good governance structures in the health service.
The Minister notes Judge Gilligan´s conclusion that the Dentist´s Act 1985 does not impose a mandatory obligation on the Minister to bring in a scheme for Denturists, that the Minister has discretion in the matter and that the Minister in exercising his discretion did so fairly and reasonably. And in so doing the Minister did not infringe the constitutional rights of the plaintiff.
However, the Minister will review the most recent evidence from the National Survey of Adult Dental Health due to be published in the near future and other related oral health service research including a study of dental manpower and determine the need for clinical dental technicians and other categories of dental personnel.
Following this there will be discussions with the Dental Council and other stakeholders about agreeing a way forward.