GDC Operates A “Culture Of Secrecy And Opacity”
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- Published: Monday, 21 June 2021 20:29
- Written by Chris Tapper
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The British Association of Private Dentistry has written a strongly worded letter to General Dental Council Chair Dr William Moyes, following the publication of the regulator’s response to the consultation ‘Regulating healthcare professionals, protecting the public.’
Writing as a GDC stakeholder, the BAPD was responding to Dr Moyes’ post on the GDC website ‘Regulatory reform: more progress needed and soon,’ published on June 16th.
Dr Moyes implied in his post that the GDC was hampered in carrying out making changes in its operations, by legislation.
The GDC Chair wrote “We have sought, for some years, a programme of reform which would unlock the prescriptive and restrictive legislation under which the GDC currently operates. This limits our ability to respond to changes in dental practice, to operate an effective and efficient regulatory system and, most importantly, to ensure public protection.”
But the BAPD pointed out that the GDC was able to introduce a ‘payment by instalment’ scheme for the Annual Retention Fee in May of this year, despite Dr Moyes’ statement in 2020 that the GDC was prevented in introducing such a scheme due to the work the regulator has to do is “laid down in law.”
In May 2020, Dr Moyes wrote, in response to demands from dental professionals to reduce the ARF or introduce an emergency PBI scheme. At that stage of the pandemic, dental care professionals in particular, were struggling financially.
On the GDC website, the Chair wrote “The work we have to do, which is laid down in law, has not fundamentally changed. We are required to remain financially stable and to meet our statutory obligations to ensure the public are protected and confidence in the professions is maintained.”
In response to this, the BAPD pointed out the flaws in Dr Moyes’ statement, saying “This is despite the large financial reserves that the GDC held at that time, and the overwhelming pressure on the profession from the COVID-19 crisis.”
“Despite no material change to the legislation, and no real increase in GDC reserves, an option to pay the ARF by instalments was announced by Ian Brack, on 23th May 2021.
“This clearly demonstrates that changes to the GDC operating model can happen without a material legislatory change” the BAPD continued.”
“It is spurious to link one with the other when it is the philosophy of the GDC relationship with registrants that was the primary factor in resistance to this change.”
As pointed out by GDPUK a few days ago, the clock is running down on the GDC after the regulator was instructed by the Information Commissioner to disclose a copy of an email sent by Dr William Moyes to colleagues on 27th April 2020.
The GDC had withheld information after a Freedom of Information request was submitted by dentist Dr Dominic O’Hooley.
He had asked for information regarding the decision by the GDC to top-up furlough payments to some members of staff. The GDC originally withheld requested information, citing section 36 of the Freedom of Information Act to do so.
The Information Commissioner decided that ‘Public interest favours disclosure.’
The GDC could face possible action for contempt of court should the regulator fail to comply with the ICO office’s decision notice.
The BAPD strongly criticised the GDC’s lack of transparency.
In a press release, the BAPD said “As can be seen from the recent ICO decision directing the GDC to release Dr Moyes instructional email to council, regarding both the ARF and also GDC employees furlough payments, it is clear that the culture of secrecy and opacity remains central within the GDCs modus operandi.”
“This is contrary to the Nolan principles, and it is this philosophical direction that needs to change, as well as legislation. We can only hope that as Dr Moyes tenure as GDC Chair draws to a close, the new Chair will play their part in improving the GDCs relationship with key stakeholders and the dental profession, who have lost confidence with the GDC and its leadership.”
The Nolan Principles, also known as ‘The Seven Principles of Public Life’ apply to any public office-holder.
Principle 1.5 is titled ‘Openness’ and says that “Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”
The GDC’s consultation response was also erroneous with regard to the ability to impose examinations on dentists from outside the EU who wish to practice as dental therapists.
The GDC already has the power to impose such an examination, requiring no changes in legislation and yet the regulator said “The overseas dental care professional assessment process, set out in primary legislation, has been criticised by stakeholders who have reported concerns that the assessment does not include a test of competence as a mandatory component.”
“Flexibility will support the GDC’s efforts to review the assessment process and consider whether a test is a proportionate measure.”
The response by the BAPD concluded “Should the GDC become subsumed within a new healthcare regulatory structure, it is hoped that the lessons from its truly poor performance in recent years are learned and not repeated by any new regulatory framework.”
The letter had 13 members of the BAPD as signatories.
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