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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Sadighi v General Dental Council  EWHC 1278 (Admin) (05 May 2009)
Cite as:  EWHC 1278 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|KRISTIAN REZA KALHOR SADIGHI||Appellant|
|THE GENERAL DENTAL COUNCIL||Respondent|
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Sarah Paschres (instructed by Capsticks) appeared on behalf of the Defendant
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"(1) There shall continue to be a committee of the Council known as the Appointments Committee.
(4) The Chairman and members of the Appointments Committee shall be persons who are not members or employees of the Council."
At rule 7 we read:
"(1) The term of office of a member of the Appointments Committee shall be five years from the date of his appointment."
"(3) The Appointments Committee shall not enter in the list maintained under paragraph (1) the name of a person who has been selected by the Council under rule 13 to be a member of the panel referred to in that rule.
(4) Subject to paragraph (5), the Appointments Committee shall remove from the list maintained under paragraph (1) the name of any person
(b) who in the opinion of the Appointments Committee has ceased to be an appropriate person."
"There is no general principle of Convention jurisprudence which prevents professional self-regulation".
The present case is not based upon the European Convention on Human Rights, but on questions of domestic law. Nevertheless, it appears to me that what is said by the Privy Council in that case is equally true of common law. Professional self-regulation is not prohibited. To say that a body lacks impartiality when its members are appointed by an Appointments Committee set up in accordance with Statutory Instrument 2006 No 1664, because the Appointments Committee is itself composed of individuals nominated by a professional body, is very close to advancing the proposition that professional self-regulation is no longer permitted.
"... the views of the Fitness to Practise Panel [in that case the GMC] are what Parliament has decided primarily are the ones that should prevail."
The professional body is best placed to determine the sanction to be applied to unprofessional conduct.
"Dishonesty, particularly when associated with professional practice, is highly damaging to a registrant's fitness to practise..."