Seanad debates
Wednesday, 25 May 2022
Nithe i dtosach suíonna - Commencement Matters
Qualifications Recognition
10:30 am
Barry Ward (Fine Gael)
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I thank the Minister of State for taking the time to come in to respond to this issue. I am proud of Ireland's response to the crisis in Ukraine and to the invasion by Russia. We can also be pleased that there has been a cross-continental and global response to that and as members of the European Union, we can be proud of how our political Union has responded. In Ireland the Government deserves credit but so do communities and at the local level people deserve credit for how they have welcomed Ukrainians into this country and done whatever they can to assist them. There is still a lot of work to be done on that front and there are a number of actions that need to be taken.
I am conscious of Resolution 2436 of the Parliamentary Assembly of the Council of Europe and what it has set out as a checklist of things we should be doing. First is legislating for the crime of aggression, something that is contrary to the European Convention on Human Rights and something that was part of the Kampala amendments to the convention in 2010, led by Liechtenstein and which Ireland signed up to in 2018. That followed the UN General Assembly resolution which stated that aggression includes, for example, the bombing of another country, invasion and the blockading of ports, all of which we see happening in Ukraine. It would be appropriate for Ireland, therefore, to legislate for that crime as well. Other measures would include a universal civil jurisdiction that would allow us to freeze and confiscate foreign assets, particularly Russian assets in Europe and Ireland, to allow them to be put towards the reconstruction of Ukraine after the invasion concludes. Now that Russia has essentially been put out of the Council of Europe, we have a limited window within which we can bring a suit against Russia for breaches of the convention under Article 33. That window closes on 16 September and Ireland should be looking at that as something to do in order to put down a clear marker. I am also conscious that the Minister for Foreign Affairs, Deputy Coveney, and the Government have earmarked €4 million of support for the International Criminal Court, ICC, which I support. Some €1 million of that has been delivered and €3 million is yet to be delivered. I wonder if consideration should be given to that remaining €3 million going to the Ukrainian prosecutor on the ground. As counsel before the ICC but also as somebody who has spoken to the prosecutor in Ukraine, I believe they have a greater ability to affect that on the ground.
In following the recommendation of the European Commission on the recognition of professional qualifications, this is a key area where Ireland can deliver for Ukrainian professionals who have come here and to any other European state. It covers education, healthcare, engineering and law and includes people who come here with a particular qualification or skill set. In accordance with the 2001 directive on the minimum standards for people enjoying temporary protection, for example, we must facilitate them in working here, either in an employed context or in a self-employed context. Although the recommendation may not be legally binding, it sets out a clear statement and in the first instance I would like Ireland to confirm if we are totally in accordance with that recommendation. What are we doing as a State to say to professional regulatory bodies that we must implement this recommendation, facilitate Ukrainians coming here and ensure that they can work and be part of the community for as long as is needed? They should be able to integrate into a professional environment here with the greatest possible ease and the least possible bureaucratic resistance.What this is about is facilitating people who do not particularly want to be in Ireland. They are here because a conflict has exploded in their home country. When they come here, they should be facilitated in continuing their lives in as normal a way as possible, however perverse that might be in the current circumstances. That involves the Government putting pressure on those regulatory bodies to ensure that the recommendation of the Commission is followed.
Erin McGreehan (Fianna Fail)
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Before the Minister of State responds, I am under strict instructions from Senator Clifford-Lee to give a warm welcome to very important guests in the Visitors Gallery, the students from Ardgillan Community College in Balbriggan and their teachers, Mr. Walsh and Ms McGuinness. You are very welcome.
Joe O'Brien (Dublin Fingal, Green Party)
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I, too, welcome our guests from Ardgillan Community College.
I thank the Senator for raising this matter. The Minister for Further and Higher Education, Research, Innovation and Science, Deputy Harris, and his Department are committed to providing every support possible for Ukrainian citizens who are seeking the recognition of their qualifications in Ireland, be it to further their education, to pursue employment opportunities or to practise a profession that is regulated. Through the National Academic Recognition Information Centre, NARIC, Ireland, a service hosted and operated by Quality and Qualifications Ireland, QQI, advice can be readily obtained, free of charge, on the academic recognition of foreign qualifications. This service compares foreign qualifications to major award types and levels on the Irish national framework of qualifications, NFQ, which sets these foreign qualifications clearly into an Irish context. QQI's NARIC database currently lists 18 Ukrainian qualifications, comparable to levels 3 to 10 on the NFQ, which includes general professional, further and higher education qualifications. NARIC Ireland is working with the wider NARIC network across Europe to continue building the list of Ukrainian qualifications, and this is a current priority.
When NARIC receives a request for the recognition of a previously unlisted qualification, once it is assessed, it is added to the list of published qualifications and is made readily available online. A guide to NARIC has been translated into Ukrainian and has also been made available in a wide range of other languages spoken by Ukrainians. The service provided by NARIC Ireland helps to inform employers if an applicant holds the academic qualifications necessary for a particular job or employment opportunity. Where a profession is unregulated, there is no formal barrier to prevent someone from continuing to practise his or her profession in Ireland. However, where a profession is regulated, such as the professions of doctor, nurse or teacher, for example, the decision to recognise qualifications rests with the national regulator or competent authority in question, such as the Medical Council, the Nursing and Midwifery Board of Ireland or the Teaching Council. In these cases, the competent authority compares qualifications against the Irish regulatory standard to ensure the holder has the necessary skills and competencies to practise in Ireland. Ireland has over 45 such authorities covering a range of professions. A list of these professions, alongside the relevant contact information for each authority, is available on the Department's website.
Any Ukrainian citizen who wishes to practise a regulated profession in Ireland is advised to engage with the relevant competent authority with responsibility for that profession to seek the recognition of his or her professional qualifications. This is crucial to ensure Ukrainian people can pursue opportunities in their profession of choice. Indeed, many of these authorities have already reached out to engage with the Ukrainian community in Ireland and have published dedicated material on their websites to assist Ukrainian applicants. The Department has been providing critical support to the work of these competent authorities by sharing best-practice material supplied by the European Commission on recognition of Ukrainian professional qualifications. This includes working with and supporting these authorities as they implement the recently published Commission recommendation on the recognition of qualifications for people fleeing Russia's invasion of Ukraine. This Commission recommendation was published last month and provides competent authorities with guidance and practical advice to ensure a quick, fair and flexible recognition process for Ukrainian refugees. In addition, these competent authorities have been advised of further information resources from NARIC Ireland that will assist in their work, alongside toolkits and resources developed by the EU and UNESCO to assist in dealing with cases of where refugees do not have complete evidence or documentation of their qualifications.
The Minister and the Department are continuing to work with our national competent authorities, their parent Departments, the European Commission and other member states on the recognition of professional qualifications of Ukrainian people and the implementation of the Commission recommendation to ensure an appropriate EU-wide response. I will bring the Senator's points regarding the Council of Europe and the International Criminal Court to the attention of the Minister for Foreign Affairs, Deputy Coveney, as well.
Barry Ward (Fine Gael)
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I appreciate what the Minister of State said about what Ireland is doing. I welcome the fact that progress is being made in this area. I also welcome the fact that some professions are specifically moving in this direction to facilitate Ukrainian refugees. Others are not, however, and I am aware of specific individuals in Ireland who are having difficulty having their Ukrainian professional qualifications recognised here. The Minister of State is quite right to say that each professional regulatory body has to deal with that in the way that is appropriate. That is included in the recommendation from the Commission. However, it is also important for the Government to send out a clear message to all professional regulatory bodies that this is important and is something that must be pursued and advanced in a concrete way in the coming weeks and months. It is not something they can wait for many months to implement. Let us implement the recommendation from the Commission and ensure that Ukrainian nurses, doctors, lawyers and engineers who come to Ireland can make use of their professional qualifications and skills, work here and contribute here in the way we know they want to.
Joe O'Brien (Dublin Fingal, Green Party)
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I thank the Senator for his contribution on this issue. As I said, the Department of Further and Higher Education, Research, Innovation and Science is committed to providing every support possible for Ukrainian citizens who are seeking the recognition of their qualifications in Ireland, be it to further their education, to pursue employment opportunities or to practise a profession that is regulated. The Department is committed to continuing to work with the national competent authorities, their parent Departments, the European Commission and other member states on the recognition of professional qualifications of Ukrainian people and the implementation of the Commission recommendation to ensure an appropriate EU-wide response. I will speak to the Minister directly about any professional regulatory bodies that are tardy in their response to the need that exists.