Ban on amalgam fillings in Northern Ireland avoided after EU agrees derogation

Northern Ireland has avoided being included in a looming EU ban on dental amalgam fillings.

The British Dental Association (BDA) had been among those warning of the consequences of the proposed prohibition, claiming it would cause “irreparable and long-lasting damage” to services.

The EU is to prohibit the use of amalgam from January as part of a drive to reduce public exposure to mercury.

The ban was due to apply in Northern Ireland because aspects of EU law still apply in the region under post-Brexit trading rules.

However, the UK and the EU agreed to a derogation that means amalgam can continue to be used in Northern Ireland for potentially 10 more years.

The derogation applies until December 31, 2034 or until a ban is introduced under the international multinational environmental accord – the Minamata Convention – of which the UK is a signatory.

There are a number of conditions attached to the EU derogation, mainly around reporting and demonstrating progress to reduce the use of amalgam in Northern Ireland.

Stormont Health Minister Mike Nesbitt said the conditions were achievable and were in line with his department’s longer term policy objectives on amalgam use.

“Securing a derogation has been a priority for the department given the impact it would have had on patients and dental practitioners,” he said.

“I conveyed this message urgently to the Northern Ireland Secretary of State (Hilary Benn) on this issue as soon as he took office, to impress on him the importance of effective action.

“I am very pleased that this has been secured and that the phasing down of dental amalgam can be taken forward in a much more planned way over the coming years.”

A Stormont Assembly committee established to scrutinise forthcoming EU law changes had been examining the implications of the prohibition as part of the Stormont brake oversight element of the post-Brexit Windsor Framework.

The brake is a mechanism that allows a minimum of 30 MLAs to refer a proposed law change to the UK Government.

The Government then makes an assessment of the proposed change on Northern Ireland and can veto its application in the region.

However, the London-Brussels agreement on a derogation has come ahead of any formal move to activate the Stormont brake.

Ciara Gallagher, chairwoman of the BDA’s Northern Ireland Dental Practice Committee, said the proposed ban could have spelled the end for NHS dentistry in Northern Ireland.

“We sounded the alarm and fought tooth and nail for a workable solution,” she said.

“This delay is a glimmer of hope for a service that’s on its knees and could not have shouldered any further financial pressure.

“We have some breathing space, but Stormont and Westminster cannot take their feet off the pedal to affect a seamless transition to amalgam-free dentistry.

“Any progress will require reform, investment and concerted action on deep oral health inequalities.

“When the plug is finally pulled on amalgam, Northern Ireland will need to have a healthier population and a more sustainable service. Otherwise, this 10-year derogation is a mere stay of execution for NHS dentistry.”

DUP leader Gavin Robinson welcomed the development, saying: “From the earliest days of this Government, we have been raising Northern Ireland’s access to dental amalgam supplies as a matter of urgency.

“Last week, we warned the Northern Ireland Secretary of State that in the absence of a suitable agreement with Brussels, we would not hesitate to draw upon the new mechanisms at our disposal in Stormont to protect our dental sector and its supply chain.

“I am glad that common sense has prevailed and that a durable and workable arrangement has been reached. The safeguards we secured have played a significant role in bringing London and Brussels to this place.

“It is now important that the Democratic Scrutiny Committee in Stormont has the time and space to fully explore this derogation. We must ensure that it protects our supply chain and ensures there is no divergence in the dental sector within the United Kingdom.”

Alliance MLA Eoin Tennyson said: “Today’s announcement is further evidence that through constructive and solutions-focused engagement with our European partners, we can deliver positive outcomes for the people of Northern Ireland.”

TUV leader and North Antrim MP Jim Allister said the EU agreement on dental amalgam highlighted Northern Ireland’s “colonial status”.

“No other part of the UK would accept such an edict and no democrat should accept it as any sort of victory,” he said.

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