Paul Connaughton Snr (Galway East, Fine Gael)
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Question 224: To ask the Minister for Health and Children the reason an application from a person (details supplied) has not been validated to enable them to get employment here as an occupational therapist; if her attention has been drawn to the fact that the applicant is unable to source employment as a result of the validation office at Merlin Park Hospital, Galway not being in a position to validate such an applicant; the reason such applications for validations are not forthcoming; and if she will make a statement on the matter. [43834/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications applies to all EEA nationals wishing to practise a regulated profession in an EU Member State other than that in which they obtained their professional qualifications, on either a self-employed or employed basis. Its intention is to make it easier for qualified health professionals to practise their professions in European countries other than where they have qualified, but due safeguards are provided in the assessment of the qualifications for both public health and safety and consumer protection. In certain circumstances, non-EEA nationals who are legally resident in Ireland can benefit from the provisions of the Directive.

In relation to professional qualifications in occupational therapy, the Directive is transposed into Irish law by Statutory Instrument No. 139 of 2008 and Statutory Instrument No. 166 of 2008. The Minister for Health and Children is the competent authority for the assessment of these professional qualifications and the process is administered by the Health Service Executive (National Validation Office (NVO)). The Minister and the Executive are advised in this function by the Association of Occupational Therapists.

Article 51 of the Directive provides for the competent authority to issue its decision on an application within four months from the date on which the complete application was received. In the case of the person referred to by the Deputy, the completed file was received on 27 August 2008 and hence a decision is due on or before December 27 next.

The Deputy will understand that the assessment process is a detailed one, as prescribed in the Directive, in which, on a case-by-case basis, the qualifications of an applicant are assessed against those required to practise in Ireland. If the activities covered by the profession in the home and the host member state are not comparable, then the qualifications cannot be recognised. If the activities are comparable but deficits in the qualifications are identified, subsequent post-qualification professional experience of the applicant must be considered. If deficits still remain, the host Member State must offer an applicant a compensation measure, a choice of completing an adaptation period or taking an aptitude test.