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

I move amendment No. 103:

In page 46, between lines 19 and 20, to insert the following:

"(14) (a) If it appears to the Admissions Board that a person who is registered in the register pursuant to this section—

(i) has, in a case where subsection (8) applies, failed to complete successfully an adaptation period or take and pass an aptitude test, as the case may be, mentioned in that subsection, or

(ii) has, in a case where subsection (10)(b)(ii) applies, failed to obtain the knowledge of language mentioned in that provision, the Admissions Board shall decide that the name of the person shall be erased from the register.

(b) If the Admissions Board makes such a decision, it shall direct the Registrar to erase the name of the person from the register; on erasing the name of the person from the register, the Registrar shall forthwith send by prepaid registered post to such person, at the person's address as stated in the register, notice in writing of the erasure.

(15) So much of the provisions of this section 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 these provisions would prevent the equal treatment or recognition mentioned in subsection (16) 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.

(16) (a) The equal treatment mentioned in subsection (15) 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 42(1) of that Directive.

(b) The recognition mentioned in subsection (15) 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).".

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