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

I move amendment No. 56:

In page 24, between lines 39 and 40, to insert the following:

"(5) Paragraph (a) or (d) of subsection (1) shall not apply to a person who has—

(a) applied for registration under this Part and in respect of whom the Admissions Board or the Technical Assessment Board, as the case may be, has not made a decision on that application (and the person has not withdrawn that application to the board concerned),

(b) appealed to the Appeals Board against a decision of the Admissions Board or the Technical Assessment Board on an application referred to in paragraph (a) and in respect of whom the Appeals Board has not made a decision on that appeal (and the person has not withdrawn that appeal to the Appeals Board), or

(c) appealed to the High Court against a decision of the Appeals Board referred to in paragraph (b) and in respect of whom the High Court has not made a decision on that appeal (and the person has not withdrawn that appeal to the High Court).".

During the debate on Committee Stage, Deputy Quinn withdrew an amendment designed to give a period of time for people to apply for registration, during which the enforcement for misuse of title would not apply. This was discussed on Committee Stage when the Minister, Deputy Roche, indicated to Deputy Quinn that he would consider the matter further and return to it on Report Stage.

Having considered the matter, this current amendment provides that the relevant provisions of section 16 which would prohibit the use of the title "architect" unless registered will not have effect where a final decision is outstanding on an architect's application for registration either from the admissions board, the technical assessment board or the appeals board or where an appeal has been made to the High Court against a decision of the appeals board.

I appreciate that it would be unfair to applicants awaiting a decision on registration to be penalised while awaiting regularisation of their position. However, section 16 will have effect on the date on which the final decision has been made by the relevant board or by the High Court in respect of the application. I hope this meets the points raised on Committee Stage.

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