Róisín Shortall (Dublin North West, Independent)
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105. To ask the Minister for Justice and Equality if her attention has been drawn to the difficulty being experienced by property service management companies in recruiting and retaining property service managers, arising from the introduction of the new licensing system for property service providers; if her attention has been further drawn to the fact that employees with extensive relevant experience are excluded from qualifying for a licence based on this experience alone because of the qualifying criteria set down; and if her attention has been drawn to the fact that many jobs and businesses in the property services industry are in jeopardy arising from many highly capable persons being adjudged to be unqualified for the licence. [8527/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Property Services Regulatory Authority (PSRA) was formally established on 3 April 2012 pursuant to the Property Services (Regulation) Act 2011. One of the main statutory functions of the PSRA is the licensing of Property Service Providers, i.e. auctioneers, letting agents and property management agents. The Authority is independent in the performance of its functions.

The 2011 Act provides for the licensing of all persons engaged in the provision of property services. Applicants for a Property Service Provider's licence must meet certain "minimum qualification requirements" which are set out in paragraphs 2(a), (b), (c), and (d) of the Property Services (Regulation) Act 2011, (Qualifications) Regulations 2012 (S.I. No. 181 of 2012), before a licence can be granted, namely minimum academic qualification, lawful experience or other qualifications or experience. The appropriate experience requirement means that a person must be able to demonstrate to the Authority that they have been lawfully engaged in, and for periods amounting together to not less than 3 years of the 5 year period immediately preceding the making of the application, the provision of the property service for which they are seeking a licence.

I should point out that I am advised by the Authority that employees with extensive relevant experience are not being excluded from qualifying for a licence based on this experience alone. Rather, it is the case that where a person fails to quality under paragraphs 2(a) to 2(c) of S.I. 181 of 2012 referred to above, i.e. under the minimum academic qualifications and lawful experience criteria, the Authority always exercises the discretion available to it under paragraph 2(d) relating to other qualifications and experience, and any person who can demonstrate that they have appropriate other qualifications or experience relevant to the licence being sought, may be granted a licence.