Dáil Éireann díospóireacht -
Tuesday, 27 Nov 1990

Vol. 403 No. 1

Written Answers. - Recognition of Higher Education Qualifications.

Alan Shatter

Ceist:

39 Mr. Shatter asked the Minister for Justice the steps, if any, he intends taking with regard to Directive 89/48 of the EC with regard to its application to lawyers from other member states of the EC setting up practice in Ireland as either solicitors or barristers; the qualifications which will be required to enable such lawyers set up practice in this State; and the examinations, if any, which will have to be undertaken by them.

Minister for Justice (Mr. Burke)

I understand that the drafting of regulations for the general implementation of Directive 89/48 of the EC, which is the responsibility of the Minister for Education, is at an advanced stage. The directive introduces a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years duration. The directive covers the legal profession, among others.

The directive provides for the designation of competent authorities to deal with applications in relation to the regulated professions concerned, and it empowers the host member state in certain circumstances to require an applicant to complete an adaptation period or take an aptitude test. In the case of the legal profession it is proposed that the competent authorities will be the Incorporated Law Society of Ireland and the Council of the King's Inns.

In connection with the drafting of the regulations to implement the directive, the question of whether an aptitude test or an adaptation period should be stipulated for migrant lawyers, is being considered by my Department in consultation with the Department of Education and representatives of both branches of the legal profession.

The scope and nature of any aptitude test that might be introduced would be a matter for the respective competent authorities.