Loophole protects sexual assault dentist
The Irish Dental Council (IDC) – which maintains the register of dentists working in Ireland – has admitted that a legal loophole is preventing it from taking any form of disciplinary action against the middle-aged dentist.
The dentist cannot be named for legal reasons.
The dentist was before Cork District Court in early November facing three charges of alleged sexual assault.
Judge Tim Lucey dismissed two of the charges, but he convicted and fined the dentist €1,000 on one of the charges of sexually assaulting a trainee dental nurse by opening five buttons on her new uniform top.
The IDC considered the case at its last meeting on December 11. The details of that meeting are confidential, said an IDA spokesperson.
But it is understood that because it was a summary, and not an indictable conviction, the matter cannot be referred for consideration by the IDC fitness to practise committee until a formal complaint has been made.
No such complaint has been made.
The IDC spokesman declined to comment in detail on the case but confirmed that it is still under “active consideration” by the IDC, which includes its fitness to practise committee.
“This incident is of concern to the IDC and was considered at its last meeting.
“It is under active and ongoing consideration. The IDC is also co-operating fully with the gardaí,” said the spokesman.
The case is likely to be discussed at the next IDC meeting in February, he said.
But in the meantime, the dentist is free to practise.
Under the terms of the Dentists Act 1985, the IDC, or any person, may apply to the committee for an inquiry on the fitness of a dentist to practise on the grounds of professional misconduct or by reason of physical or mental disability.
An inquiry will only take place if the committee decides there is enough evidence to warrant it.
A dentist found guilty of professional misconduct can be suspended, or have their name struck off the register.
The IDC can also decide to strike a name from the register where a registered dentist is convicted in the state of an indictable offence.
There is no provision in the Dentists Act 1985 to automatically remove or suspend a dentist from the register as a result of a criminal conviction.
A dentist’s name will continue to be maintained on the register until a decision by the council to erase or suspend is confirmed by the High Court.
Speaking after the court hearing in Cork District Court, the injured party said: “It has stopped my life and my family’s life; it has stopped my career.
“Women should not be silent in the workplace if harassment is going on.”
