Seán Power (Kildare South, Fianna Fail)

I move amendment No. 23:

In page 24, line 31, to delete "section 38(2)" and substitute "section 38(2)(a)".

Section 38 provides for the granting of registration to applicants who comply with general requirements and hold qualifications approved by the registration board of a designated profession as attesting to the standard of proficiency required for registration. It also provides for a registration board to take account of qualifications awarded in another European Union state and those awarded in states outside the EU. It was, however, indicated on Committee Stage that improvements to section 38 were being considered.

The concern was that section 38 as it stood encompassed nationals of EU member states who were awarded qualifications in an EU member state but did not specifically encompass EU nationals who gained their qualifications outside the EU. While section 38 also took account of non-EU nationals who gained their qualifications outside the EU, it did not specifically encompass people who were not EU nationals and were awarded qualifications in an EU member state. It was therefore undertaken to bring appropriate amendments on Report Stage.

Amendment No. 27 amends section 38(2) to fully take into account qualifications approved by the registration board, whether such qualifications are awarded in this country, another European country or outside the EU. It also takes into account both EU nationals and non-nationals. In some cases, a qualification held by an applicant may be below the standard required, that is, a lesser qualification. However, the applicant may have undergone additional training or acquired experience which satisfies the registration board, following a test of competence, that he or she has a requisite standard of proficiency for registration.

Amendment No. 28 is a technical amendment to define what is meant by "lesser qualification". Amendment No. 29 is a technical amendment to delete a previous definition which is no longer required in the context of the substantive amendment to section 38(2). Amendments Nos. 23 and 24 are technical amendments required as a result of changing section 38.

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