John O'Mahony (Mayo, Fine Gael)
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Question 772: To ask the Minister for Health and Children when a decision will be made on the validation for a person (details supplied) in County Mayo who is waiting to take up a position; and if she will make a statement on the matter. [33447/10]

Mary Harney (Dublin Mid West, Independent)
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I presume the Deputy is referring to the application by the person, whose details are supplied, to have her professional qualifications recognised under Directive 2005/36/EC for the purposes of seeking employment in the publicly-funded health service in Ireland. Persons should not seek such employment unless their qualifications have been recognised.

This Directive 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. Its intention is to make it easier for certain professionals to practise their professions in European countries other than their own but due safeguards are provided in the assessment of the qualification for public health and safety and consumer protection.

Under Statutory Instruments Nos. 139 and 166 of 2008, which transpose the Directive into Irish law, the Minister for Health and Children is the Competent Authority for the profession in question. In the case of the health and social care professions, 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 qualifications of an applicant against those required to practise in the host member state. 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.

The Directive provides a mechanism under which non-Irish professional qualifications can be considered for recognition but it is acknowledged to be a very complicated piece of legislation. The Directive should not be regarded as a "rubber-stamping" exercise; in the interest of the protection of public health and safety, and consumer protection, the qualifications of applicants must be assessed to ensure that they meet the standard of qualifications required to practise at entry-level within the Health Service Executive. The Directive provides for a decision to issue within 4 months of receipt of a complete application.

It would be inappropriate to comment on individual applications but I am advised that, in the case of this person's application, she was asked to supply additional information, and that a decision should issue very shortly.