Dáil debates

Thursday, 1 March 2007

Building Control Bill 2005: Report Stage (Resumed) and Final Stage

 

12:00 pm

Photo of Batt O'KeeffeBatt O'Keeffe (Cork South Central, Fianna Fail)

I move amendment No. 51:

In page 22, to delete lines 37 to 41 and substitute the following:

"(8)(a) The Admissions Board may require, in accordance with Article 14 of the Directive, that a person who makes an application under this section shall complete an adaptation period of up to 3 years or take an aptitude test.

(b) For that purpose, the Admissions Board shall serve a notice on the applicant stating that—

(i) the applicant may opt to complete an adaptation period or take an aptitude test (and those alternatives are referred to in subparagraph (iii) as the "2 alternatives"),

(ii) if it is an adaptation period the applicant opts to complete, that period shall be of a duration specified in the notice,

(iii) if the applicant fails to opt as between the 2 alternatives (and notify, in writing, his or her decision in that regard to the Board within a period specified for that purpose in the notice), the Board shall determine whether to require the applicant to complete an adaptation period or take an aptitude test (and, if it is an adaptation period the Board determines that it shall require the applicant to complete, the duration of that period shall be the same as the duration stated in the notice for the purposes of subparagraph (ii)), and

(iv) if the applicant fails, having been registered pursuant to this section, to complete successfully an adaptation period or take and pass an aptitude test which, by virtue of the Directive and this section—

(I) he or she has opted to complete or take and pass, or

(II) the Admissions Board has required him or her to complete or take and pass, the applicant's name shall be erased from the register.".

Amendments Nos. 51, 78 and 100 set out drafting changes to ensure compliance with EU Directive 2005/36/EC on mutual recognition of professional qualifications, the provisions of which relate to persons from abroad applying to register as architects in Ireland. Amendment No. 51 clarifies that a person who applies for registration may be required by the admissions board to complete an adaptation period of up to three years or take an aptitude test where such test is considered necessary. The applicant must be given the choice of either option. The procedures involved are also outlined.

The amendment provides further that the name of a person who fails to complete an adaptation period successfully or take and pass an aptitude test as required will be erased from the register. The name would have been on the register during the adaptation period in accordance with the directive.

Amendment Nos. 78 and 100 apply the same provisions to quantity and building surveyors.

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