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Dáil Éireann debate -
Thursday, 28 Mar 1963

Vol. 201 No. 5

Ceisteanna—Questions. Oral Answers. - Suspension of Water Fluoridation.

8.

asked the Minister for Health whether, in view of the legal proceedings now being heard in the High Court in regard to the compulsory fluoridation of the public water supplies, the Government will suspend the operation of the Health (Fluoridation of Water Supplies) Act, 1960, until the validity of this Act has been finally determined.

As the Deputy is probably aware, the presumption of law is that the Health (Fluoridation of Water Supplies) Act, 1956, has full legal force unless and until it is found to be unconstitutional by the Courts or is repealed by Act of the Oireachtas.

I have no power to suspend the operation of the Act.

If a local authority refuse to fluoridate their public water supply, they would leave themselves open to Mandamus proceedings.

May I add that, pending the determination of the issues now before the Courts, I would not feel called upon to take action against any local authority in respect of their failure to comply with the provisions of Regulations made under the Act.

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