Colm Burke (Fine Gael)
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I thank the Minister for his attendance at this late sitting. I raise the question of an individual who has a university degree from Cork and proceeded to a master's degree in the University of Ulster. It appears the individual had to apply to the Department for recognition of the qualification from the University of Ulster. I am a little concerned about a letter from the Department of Health which states that non-Irish dietetic qualifications are assessed under Directive 2005/36/EC. I was not aware that a qualification from a university in Northern Ireland was regarded as non-Irish. This person has an offer of a job in Ireland but cannot take up the position because a master's degree awarded in Northern Ireland is not recognised by the Department. The Department wrote to the person on 11 September 2013 and said it would give its decision on or around 23 December 2013. I find this amazing that someone who has a primary degree from a university in Cork and is awarded a master's degree in Northern Ireland must wait up to six months from the time of application for recognition of this qualification by the Department of Health. I ask why this is taking six months for a person who is from Cork, who went to school in Cork, who has a degree from Cork and who has been offered a job. The reason the person went to Northern Ireland is that it was the only place where further studies in this particular area could be pursued.

Pat Rabbitte (Dublin South West, Labour)
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I thank the Senator for raising what seems to me to be a reasonable question. I am answering on behalf of my colleague, the Minister for Health, Deputy James Reilly, although I do not have any expertise in the matter. However, I will read the Minister's statement on the record of the House for the information of Senator Burke.

At present there is no system of statutory registration for dietitians in Ireland. The health and social care professionals' council, CORU, which was established in March 2007, provides for statutory registration of 12 separate health and social care professions, including dietetics. The Dietitians' Registration Board has been established and is expected to open its register by the end of this year.

One aspect of statutory registration is the possession of an approved qualification. In the absence of statutory registration, persons are free to work in the private health sector in Ireland without having their qualifications recognised. However, persons wishing to work in the publicly funded health sector in Ireland who have obtained their qualifications outside the Twenty-six Counties must apply to have their professional qualifications recognised under Directive 2005/36/EC. This directive applies to all EEA nationals wishing to practise a regulated profession in an EEA member state other than that in which they obtained their professional qualifications. Its intention is to make it easier for certain professionals, including health professionals, to practise their professions in European countries other than their own, but due safeguards are provided in the assessment of qualifications for public health and safety and consumer protection. The professional qualifications directive applies to a range of professionals, not only health professionals, and the Department of Education and Skills has overall responsibility for qualification recognition policy in Ireland.

Dietetics is a regulated profession for the purposes of the professional qualifications directive. Where statutory registration does not exist for a profession in Ireland, non-Irish qualifications are assessed for their equivalence to the Irish entry-level qualifications required to work in the public health sector. The directive provides for mutual recognition of qualifications for certain professions. In the case of the health and social care professions, including dietetics, the directive does not provide for automatic recognition of professional qualifications obtained in another member state. It provides for an assessment, on a case-by-case basis, of the formal qualifications and professional experience of an applicant against the qualifications required to practise in the host member state - in other words, Ireland. If deficits are identified, an applicant must be offered a compensation measure - that is, the choice of completing an adaptation period or taking an aptitude test. Because of the case-by-case nature of the assessment, the directive provides that applications must be acknowledged within one month and the applicant informed of any missing document. A final decision must be communicated to the applicant within four months of submission of a complete application.

Under SI 139 and 166 of 2008, which transpose the professional qualifications directive into Irish law, the Minister for Health is the competent authority for the assessment of dietetic qualifications. The Department of Health is advised on applications for recognition by the professional body, the Irish Nutrition and Dietetic Institute. There are currently no applications on hand which exceed the specified timeframe and in general, in the case of dietetics, applications are processed in a much shorter time.

Colm Burke (Fine Gael)
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I thank the Minister for a very comprehensive reply. It is unfortunate that the Department has issued a letter to state that a qualification from Northern Ireland is termed as a non-Irish qualification. It is unfair and it is not justified. The clarification that such persons can work in the private sector is not what the individual was advised. It is interesting that this clarification is now given because the individual was advised he could not work at all without recognition by the Department. I thank the Minister for that clarification. The correspondence that my constituent received clearly indicates that a decision is not expected to be made until 23 December 2013.

Terry Leyden (Fianna Fail)
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The Minister is taking this Adjournment matter on behalf of the Department of Health so he is not in a position to give further details.

Colm Burke (Fine Gael)
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I certainly appreciate the comprehensive reply given by the Minister.

Pat Rabbitte (Dublin South West, Labour)
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According to the text I have read into the record of the House, the information on how the private sector operates is distinctly different from what Senator Burke was advised. I do not know whether that is of any assistance in this particular case.

I am bound to say that I cannot disagree with Senator Burke. If we are talking about a recognised validated university in Northern Ireland, I am not exactly sure why it ought to be seen as non-Irish in terms of recognition here. I know that dietitians have over very many years fought for recognition within the social care system but I was unaware that this is the disposition towards universities based in Northern Ireland. I will be happy to take this up with the Minister for Health, Deputy James Reilly, as I do not know the background to it.