Stormont brake could be considered over EU amalgam ban, MLAs hear

MLAs will have to decide whether it is "necessary and justified" to use the Stormont brake mechanism in response to a proposed EU ban on dental amalgam fillings, health minister Robin Swann has said.

Mr Swann told the Assembly the proposed EU changes were a cause of "significant concern" and that he was liaising on it with ministerial colleagues at Stormont and Westminster, as well as with dentists.

The EU is set to prohibit the use of amalgam from January 2025 as part of a health drive to reduce public exposure to mercury.

Under post-Brexit trading rules, aspects of EU law still apply in Northern Ireland.

Some member states will be able to avail of an 18-month derogation if it can be demonstrated the law change would have a disproportionate socio-economic effect on low-income households.

The consequences of the proposals for Northern Ireland are currently being examined by Stormont's Windsor Framework Democratic Scrutiny Committee.

The Assembly committee has been established to scrutinise forthcoming EU law changes as part of the Stormont brake oversight element of the Windsor Framework.

The British Dental Association (BDA) has already warned that if the ban was introduced in Northern Ireland, it could lead to the collapse of NHS dentistry in the region.

During ministerial questions at Stormont, Alliance Party MLA Eoin Tennyson asked Mr Swann if he was seeking a derogation on the new law.

Mr Swann said: "I am aware of the developments regarding EU regulations on mercury, which includes dental amalgam.

"They are a cause of significant concern. The changes would significantly restrict dentists from placing amalgam fillings, increase costs for patients and taxpayers and have a negative impact on the capacity of a service that is still struggling since the pandemic.

"My view remains that a phase-down, in line with the wider UK position, rather than a phase-out of amalgam is in the best interests of patients in Northern Ireland.

"I am however conscious that this is a matter for the new Windsor Framework Democratic Scrutiny Committee to consider in detail in terms of their role of assessing impacts in Northern Ireland."

Mr Swann added: "Thereafter members of the Assembly will wish to consider whether the initiation of the Stormont brake process is necessary and justified.

"My department has already written to the committee to advise of concerns around the significant and persisting impacts of the new laws and I will continue to help the committee in any way I can."

Mr Tennyson said he believed the Stormont brake should only be used a "last resort".

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

The Government would then make an assessment of the proposed changes on Northern Ireland and could ultimately veto its application in the region.