Eamon Gilmore (Dún Laoghaire, Labour)
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Question 170: To ask the Minister for Health and Children if she will reconsider her decision not to permit an appeal in respect of a person (details supplied) against a decision not to recognise their qualifications under Directive 2005/36/EC; and if she will make a statement on the matter. [42499/10]

Mary Harney (Dublin Mid West, Independent)
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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 EEA 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.

The Directive provides for member states to assess member state nationals with non-EEA qualifications under their own rules. The person whose details are supplied is an Irish national whose qualifications were not obtained in the EEA but she has been given the full benefit of the assessment regime of the Directive. For the purposes of the Directive, a regulated profession is defined as a professional activity access to which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications. Where statutory registration does not exist for a profession in Ireland, non-Irish qualifications are assessed for their equivalence to the Irish entry-level qualifications required to work in the Health Service Executive. Pending the establishment of statutory registration under the Health and Social Care Professionals' Act, a health and social care professional with non-Irish qualifications is free to seek employment in the private sector without having their qualifications recognised.

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. Under Regulation 23 (1) of S.I. No. 139 of 2008, an applicant may appeal to the High Court any decision of a competent authority, or any failure of a competent authority to make a decision, in relation to an application by him within a period of 42 days from the date of communication of the decision. This was made clear to the person in question when a decision issued to her and the Minister has no role in such an appeal process.

The Department has put in place an administrative appeals process to facilitate applicants in avoiding the time and cost of a High Court Appeal. Such an administrative appeal must also be submitted within 42 days from the date of the decision being conveyed. Again this was indicated to the person in question when a decision issued to her. I do not intend to reconsider my decision not to allow an administrative appeal in relation to the decision on the application of the person in question as the appeal was sought well after the 42 day period for appeal. To disrespect this time frame would set an undesirable precedent, be unfair to applicants who respect the process and create administrative uncertainty in the Validation Unit of my Department where more than 1000 applications are processed annually.