Arthur Morgan (Louth, Sinn Fein)
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Question 161: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the anomalous situation contained in the Building Control Bill 2005 as amended at committee stage whereby persons who receive the qualification MRIAI after the Bill comes into force will be recognised in Europe but not here and persons who do not hold that qualification will be able to practice here but will not be recognised under the European Architects' Directive. [42459/06]

Dick Roche (Wicklow, Fianna Fail)
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Section 12 of the Building Control Bill 2005, as amended at Committee Stage, sets out a number of ways in which a person may be eligible for registration as an Architect. These include academic and practical experience options. It also provides that a person who is a fellow or member of the registration body (RIAI) on the date of the passing of the Act will automatically be eligible for registration. Persons who become members of RIAI subsequent to that date may apply for registration under the alternative routes provided for in the Bill.

The Architects Directive 85/384/EEC now incorporated in Directive 2005/36/EU on Mutual Recognition of Qualifications recognises graduates in Architecture from UCD and DIT together with "membership" or "associate membership" of the RIAI.

The Report by the Competition Authority on Competition in Professional Services (Architects) recommended that, following enactment of the Bill, an amendment should be sought to Directive 2005/36/EU, referred to above to provide that the existing criteria (in Annex V) of "membership" or "associated membership" of the RIAI be replaced with "registration" by the registration body. This would entitle all persons registered in the statutory register to recognition in the European Union, should the amendment be accepted. I would propose to seek such an amendment following enactment of the Bill.

It should be noted that Section 12 of the Bill also provides that all registered professionals are eligible for membership of the registration body. Pending an amendment of the Directive 2005/36/EU (Recognition of Professional Qualifications), this provision would enable registered Architects who are not graduates of UCD or DIT, to be registered under the Directive.