Dáil debates
Thursday, 1 March 2007
Building Control Bill 2005: Report Stage (Resumed) and Final Stage
12:00 pm
Batt O'Keeffe (Cork South Central, Fianna Fail)
I move amendment No. 48:
In page 22, between lines 5 and 6, to insert the following:
"(6) So much of the provisions of this section or section 14 as have effect in cases where—
(a) the person concerned is a national of a Member State,
(b) any act or thing is done or awarded or issued in, or by a competent authority of, a Member State, or
(c) a matter is provided under the law of a Member State,
shall, to the extent that the terms of those provisions would prevent the equal treatment or recognition mentioned in subsection (7) being accorded to the person mentioned in that subsection, be read subject to such modifications as will allow that equal treatment or recognition to be accorded to that person.
(7)(a) The equal treatment mentioned in subsection (6) is the equal treatment of a family member (within the meaning of Directive 2004/38 of the European Parliament and of the Council of 29 April 2004) of a national of a Member State required by Article 24 (1) of that Directive.
(b) The recognition mentioned in subsection (6) is the recognition required by Article 27 of Council Directive 2004/83/EC of 29 April 2004 of qualifications of a person who is a beneficiary of refugee or subsidiary protection status (within the meaning of that Directive).".
Amendments Nos. 48, 53, 81 and 103 are largely drafting amendments to ensure compliance with various EU directives. Amendment No. 48 is necessary to provide for recognition of EU Directive 2004/38/EC of 29 April 2004 which relates to equal treatment of a family member of a national of a member state within the meaning of Article 24(1) of that directive in so far as it relates to recognition of qualifications. The amendment applies also to the requirements of Article 27 of Directive 2004/83/EC of 29 April 2004 on the recognition of the qualifications of a person who is a beneficiary of a refugee or who holds subsidiary protection status within the meaning of the directive.
Amendment No. 53 provides that the name of a person who fails to complete an adaptation period successfully, take and pass an aptitude test as required or obtain the knowledge of language necessary to practise architecture in the State will be erased from the register. It also sets out the necessary procedures for doing so.
Amendments Nos. 81 and 103 apply the same provisions as Nos. 48 and 53 to quantity surveyors and building surveyors.
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