Fergus O'Dowd (Louth, Fine Gael)

This is an important issue. The Bill concerns qualification and people who are deemed to be architects and practising as such. I have received representations from the Group of Independent Architects in Ireland, GIAI, which, with the Architects and Surveyors Institute, ASI, the Incorporated Association of Architects and Surveyors, IAAS, and the Irish Architects Society, IAS, has contributed to a document entitled A Framework for Registration for the Architectural Profession in Ireland, the "framework document":

That document indicated that in any new regime, or in the event of the regulation of the profession, a grandfather approach would be taken to persons who were practicing as architects, without having formally qualified as such. That document also outlined the method of assessment to be applied to persons falling within the grandfather category which would enable them to register as an architect, based on training acquired by practical means whilst also acknowledging their established right to practice, without formal qualifications.

However, at variance with the approach proposed in the Framework Document the RIAI (the proposed designated Registration Body under the Building Control Bill 2005) are determined to impose a technical assessment based on Recognition of Prior Learning (RPL). The Competition Authority's Report states that, the RIAI will face a clear potential conflict of interest between representing the interest of its members on the one hand and regulating in the public interest on the other.

I have tabled amendment No. 9 in an effort to resolve this "potential conflict":

RPL requires a candidate to demonstrate an achievement of learning outcomes, and is not based on experience per se, therefore it is entirely inappropriate, and against the spirit of the Framework Document that such an approach should be used to assess those people who fall within the grandfather clause as described above... The GIAI have serious reservations with regard to this assessment system being used for the purpose of assessing 'Grandfathers' under Technical Assessment. This grandfather group is de-facto a mature group, currently in practice, the majority of whom run their own practice with employees, and the assessment process should reflect this group's status as a finite grandfather group.

In addition, the GIAI submit that the application of this assessment system is entirely inappropriate on the grounds that it is neither equitable nor consistent with the assessment procedures adopted by the Department of Environment when previously assessing those persons who are now on what is known as "the Minister's List" and which category of person is referred to in Section 12(2)(d) of the Bill.

This is a serious issue for this group. While I accept that the aim of the legislation is to ensure there are no cowboys in this field and that no one sticks the title architect, planner or whatever outside his or her door as has happened. People often come to me for advice as to whom they should approach on planning and related matters. I tell them to ensure that the qualification or name written on the door is recognised professionally. The GIAI properly represents people who have the expertise, skill and knowledge. They have the qualifications and I believe their concerns are reasonable. I will press this amendment.

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