Thursday, 5 July 1928
Seanad Éireann Debate
LEAS - CHATHAOIRLEACH: The House will remember that we got a certain distance yesterday on the amendment paper as far as sub-section (2) of Section 28 is concerned. A Government amendment was discussed and agreed to and the Minister wished that it would be left over so that he could consult the draftsman. He now has some new amendments.
28.—(1) This section shall apply to any person who before the establishment of the Board satisfies the Minister or after the establishment of the Board satisfies the Board that he fulfils the following conditions, that is to say:—
(2) For the purposes of the application of this section to a person who was a dental mechanic before the passing of the Dentists Act, 1921, the expression “practice of dentistry” in the foregoing sub-section shall be deemed to include the work usually performed by a dental mechanic.
(3) Every person to whom this section applies shall on passing either of the examinations in dentistry to be prescribed and held under this section and on making the prescribed application and paying the prescribed fees be entitled to be registered in the register.
(4) Two examinations shall be prescribed and held under this section, the first of which shall be held after the expiration of five months and before the expiration of six months from the passing of this Act and the second of which shall be held after the expiration of eleven months and before the expiration of twelve months from the passing of this Act.
(5) An examination prescribed and held under this section shall if held before the establishment of the Board be prescribed and held by the Minister, and if held after the establishment of the Board shall be prescribed and held by the Board.
(6) Nothing in this Act shall operate to prohibit any person to whom this section applies from practising or representing himself or holding himself out as practising or prepared to practise dentistry or dental surgery during the period between the passing of this Act and the publication of the results of the second examination held under this section.
(7) Every person to whom this section applies who is registered in the register under this section and is  resident in Saorstát Eireann shall so long as he is so registered and resident be entitled to vote and be elected at an election of the elected members of the Board held after he is so registered as if he were registered in the register by virtue of a previous registration in the General Dentists Register under Section 3 of the Dentists Act, 1921.
This is really the amendment which was on the paper that was before the Seanad yesterday, with the exceptions that I will refer to. In letter-paragraph (b) to Section 28 (1) “the 31st day of December, 1918” has been changed to “the 31st day of December, 1921.” That is in accord with what was agreed to yesterday. Secondly, and consequential on that, letter-paragraph (c) of Section 28 (1) has two changes. The period of ten years is changed to seven years, and the phrase “principal occupation” is changed to “principal means of livelihood.” In addition to that, sub-section (4) of the proposed new Section 28 has been amended so as to allow for two examinations instead of one, and the new sub-section (4) of Section 28 reads:
Two examinations shall be prescribed and held under this section, the first of which shall be held after the expiration of five months and before the expiration of six months from the passing of this Act and the second of which shall be held after the expiration of eleven months and before the expiration of twelve months from the passing of this Act.
Mr. McGILLIGAN: The change was agreed to yesterday in so far as it refers to the two examinations in the period. There is this change in addition: the old section said that an examination should be prescribed and held within a certain period. We simply say now that an examination shall be prescribed, and we limit the period within which the examination will be held. In addition there is a change in (7). As it was on the paper before the Seanad yesterday sub-section (7) referred to “so long as he is so  resident and registered.” We have now changed that phrase by inverting the order of the words to “registered and resident.” We do not consider residence until registration arises. These are the only points that arise.
Mr. O'HANLON: In connection with sub-section (4), if a candidate presents himself for the first examination which must be held before the expiration of six months and fails, is he eligible to present himself again?
Mr. McGILLIGAN: Certainly. Section 4 definitely indicates that going up and failing in the first only means that a person shall not be entitled to practise until he secures his qualification by passing the second examination, and of course a person who does not present himself for the first examination ceases from practise until he has passed the second examination. All persons are now entitled to practise until the determination of the first examination.
Mr. McGILLIGAN: I thought, in accordance with the view that was suggested by Senator O'Hanlon, that the House was to adjourn until Tuesday for the purpose of considering the Constitution (Amendment No. 10) Bill.
Mr. McGILLIGAN: It is our anxiety to have this Bill become law, if the Seanad will so agree, at the end of the week, and I understand that that is hardly possible if the Seanad only takes the Third Stage on Wednesday, because if the House is going to agree to that procedure, what has to be done is to pass the Committee Stage, the Report and the Fifth Stages, and an urgency resolution. I understood that Senator O'Hanlon suggested that if the Bill were not taken to-day it should be taken on Tuesday of next week.
Mr. O'FARRELL: I think the Minister may rest assured that the Bill will be passed next week in any case, although I do not see the urgency from the Minister's point of view, so long as it is passed before the Seanad rises. I am not opposing Tuesday, except for the selfish reason that I probably will not be here, but I do not want to keep the House for that. I suggest that the Bill will be passed in  time for the Minister's purpose in any event.
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