Tim O'Malley (Limerick East, Progressive Democrats)

Section 38 provides for the granting of registration to applicants who comply with general requirements and who hold a qualification approved by the registration board of a designated profession as attesting to the standard of proficiency required for registration. It also provides for a registration board to take account of qualifications awarded in another EU member state and those awarded in states outside the EU.

Amendment 31 arose from concern that section 38 as it stood did not encompass some circumstances. Section 38 encompassed nationals of EU member states who have been awarded qualifications in a EU member state but did not specifically encompass EU nationals who gained their qualifications outside the EU.

While section 38 also took account of those who are not EU nationals and who gained their qualifications outside the EU, it did not specifically encompass people who are not EU nationals and who have been awarded qualifications in a EU member state. Amendment No. 31 therefore amends section 38(2), 38(3) and 38(4) to fully take into account qualifications approved by the registration board whether such qualifications are awarded in this country, in another European country or outside the EU. It also takes into account both EU nationals and non-EU nationals.

In some cases a qualification held by an applicant for registration may be below the standard required for registration. It may, in other words, be a lesser qualification. However, the applicant may have undergone additional training or acquired experience which satisfies the registration board, following a test of competence that it may require the person to take, that he or she has the requisite standard of proficiency for registration. The amendment takes account of this.

Amendment No. 32 is a technical amendment defining what is meant by a lesser qualification. Amendment No. 33 is also a technical amendment deleting a previous definition which is no longer required in the context of the substantive amendment to sections 38(2), 38(3) and 38(4).

Amendments Nos. 26 and 27 amend section 31. Section 31 provides for the making of by-laws by the registration board of a designated profession with the approval of the council and in accordance with any guidelines issued by the council. Amendment No. 26 is a technical amendment required on foot of the changes to section 38. Amendment No. 27 broadens section 31(e), which provides for the making of by-laws relating to procedures for the assessing of qualifications awarded, or training or professional experience acquired outside the State. This broadening of the scope of section 31(e) will further serve to enhance the transparency and openness of the system of statutory registration.