I move that the Architects (Registration) Bill be now read a Second Time. When this Bill was introduced by me I was actuated by two motives and I believe that these were shared by the other Senators whose names appear on the Bill. One of these motives was that of increasing the usefulness of this House as an integral part of the Oireachtas. I have felt for some time that this House could perform a useful service by the discussion in a definite form of proposals for legislative changes in this country which have not been and ought not to be the subject of Party controversy.
Under our present system the Executive Government of the day is chosen from a Party and its time is usually fully occupied with the legislative programme of that Party and by various other measures which may become urgent through the circumstances of the time. I feel strongly that this House, which is rarely overwhelmed with business — I remember occasions when it was, but not recently—should endeavour to bring forward measures designed to improve the law of this country and that it should discuss them fully and leisurely without regard to Party affiliations. The public examination and discussion of such proposals in the form of a Bill is, in my opinion, more likely to be effective than by means of a resolution. Such public discussion may possibly, in some cases, lead to the discovery of a strong opposition in the country which would show that the time was not ripe for legislation. In other cases it might produce a Bill which would be largely an agreed measure and which the Government may with or without amendment adopt if and when the Bill reaches the Dáil.
A good example of what I have in mind is shown by the Town Planning Bill which was passed through this House with the support of members of all Parties some years ago. It was not adopted by the Government, but it was followed by a Government Bill — the Town and Regional Planning Bill, which is now law. When introducing the latter Bill in this House, the then Minister for Local Government, Mr. S. T. O'Kelly, paid a tribute to the preliminary work done in this House.
Another, though less important example, is the Bodies Corporate (Executive) Act of 1928, which was introduced in this House as a Private Members' Bill and passed the Dáil in very much the same form.
It is my intention, if the Bill passes the Second Stage, to ask the House at some stage to refer it to a Select Committee with power to send for persons and papers so that evidence for and against the Bill may be heard and an effort made to make the Bill one which will command pretty general support. I hope that the Government will keep an open mind with reference to the Bill while it is in this House and that no announcement of Government approval or disapproval will be made until the Select Committee has reported to the Seanad or until the Bill reaches the Dáil.
My second, and, of course, the most important motive in introducing this Bill, was my conviction that it would be very much in the public interest if the principle of registration of architects were adopted in this country and I propose to explain my reasons to you as clearly as I can.
Before doing so, I would like to make it clear that this Bill is put forward solely as a measure of public policy and not in the private interests of any person or body of persons.
Doctors and dentists are required by law to be registered, not in their own interests, but to safeguard the health of the public. Since the outbreak of war the Government have, by order, required many manufacturers and traders to be registered for various purposes because they considered it to be in the public interest to do so—not simply in the interests of manufacturers or traders. In my opinion registration of any class of persons by law should be considered on the basis of public interest and on no other grounds. The fact that this Bill has been ruled to be a hybrid Bill does not alter the fact that it is a public Bill and not a private measure, and I ask the House to judge the principle of the Bill solely from the point of view of public interest.
The Bill was not introduced on behalf of the Royal Institute of Architects of Ireland or any other body. It was introduced after consultation between the Senators whose names appear on it and a number of leading Irish architects, but the introducers only are responsible for its contents. It is understood that since the Bill was introduced a meeting of the Royal Institute of Architects of Ireland has approved the principle of registration but has criticised some of the provisions of the Bill in certain respects. These criticisms can no doubt be considered if the Bill goes to Committee.
For my part, I am not tied to any of the provisions in the Bill. I regard it rather as a draft which will be improved by public discussion and consideration. As long as the principle of registration is accepted, I am open to consider amendments to any part of the Bill, and it is my hope that the Bill will be considerably improved in Committee if the Second Reading is passed.
It is interesting to note that a very large number of States have made legal provisions for the registration of architects. I think it will interest the House if I read a list of the countries in which architects have to be registered by law. They are:— Austria, Australia, Argentine, Brazil, Belgium, Bulgaria, Canada, Cuba, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Italy, Japan, Yugo-Slavia, Norway, New Zealand, Poland, Portugal, Roumania, Russia, Spain, Sweden, South Africa, Southern Rhodesia, U.S.A.
There are probably others but I am not certain. I have only given those in which, I am satisfied, architects have to be registered. The fact that these countries have registration does not, of course, prove that we should follow them but it provides a prima facie case for the examination and discussion of the question. The fact that our fellow-countrymen in the Six Counties have to be registered if they wish to practise as architects provides an additional reason.
The general arguments in favour of registration were expressed in an interesting way in the Preamble to a Bill for the regulation of the profession of architects when it was introduced into the French Chamber of Deputies. I obtained the quotation from an article in the International Labour Review, January, 1940, and I propose to read it to the House as translated into English in that article:—
"Architecture is rightly considered the greatest and most useful of the arts because it can provide such a variety of solutions to the multifarious problems with which it deals, because it steadily builds up a harmonious background for the life of the community, because it directly influences industrial activity, and because it contributes to the comfort and health of the population. Its field of action covers all buildings required for human occupation in any given territory.
"The architect has therefore a social mission which can be extremely beneficial if it is carried out with talent and competence. If, on the other hand, it is badly carried out, whether through ignorance or through carelessness, it may en-endanger the safety and health of the architect's fellow citizens, and at the same time considerably reduce the æsthetic value of the urban or rural scene.
"It therefore seems only right to require the architect to prove that he has the necessary knowledge before permitting him to exercise his art.
"This knowledge can be acquired only by a course of specialised education enabling him to develop his artistic gifts by suitable artistic training, to learn the technical means available for carrying out his ideas, to assimilate a sufficient knowledge of public and administrative law, social and economic science, and general culture, to enable him to fulfil his duties, and finally to acquire experience of his profession by practical training.
"If it is admitted that the architect should also possess sufficient authority and sense of professional duty to defend the often important interests entrusted to him and to carry out satisfactorily the duties as an adviser or arbitrator with which he is often entrusted, it will be realised that it is only by suitable training that he can reach the desired intellectual standard, and that no mere tests of ability can guarantee his possession of these qualities.
"At present, anyone in any place is free to exercise this profession in any way, and it must be recognised as undesirable that activities of such importance for the public welfare should be entrusted to anyone prepared to undertake them without some previous check on his abilities."
The French Parliament, apparently, accepted those views and made provision for the registration of architects. I agree generally with the arguments in this document which I have just read, and it is my conviction that the passing of this Bill or a similar Bill into law would assist the public generally who may be responsible for the erection of buildings in this country in the future by enabling them to recognise a qualified architect and by preventing them from employing a person in the belief that he (or she) is a qualified architect when in fact he is not. There is nothing in the Bill which makes it obligatory on any person to employ an architect if he does not desire to do so. Some persons will regard this as a defect in the Bill, but I feel that the time is not yet ripe for more drastic provisions, and that it would be going too far at present to interfere with the legal right of an individual to employ a person not an architect to advise him in the building of a house. At the same time I do believe that the registration of architects will in itself call attention to the importance of having qualified advice where the erection of buildings is concerned, and I believe that, in time, few if any buildings will be erected except from plans prepared by an architect.
The case for registration may be said to rest upon three main propositions: (a) that the establishment and maintenance of a high architectural standard is not only of national importance but of public concern also from the point of view of health and general well being; (b) that if a high standard of architecture is to be established and maintained, architects must be trained and educated, and (c) that it is in the public interest that a clear distinction be drawn between the trained and untrained practitioner.
We have some very fine buildings in Eire of which we are justly proud, but we have also, unfortunately, a number of buildings which, at best, can only be styled mediocre, and a very considerable number which, to put it mildly, are inferior. There are too many places where our beautiful landscape has been defiled by ill-planned and badly constructed buildings. Slowly, but I hope surely, people are beginning to appreciate the value of a beautiful building. The bad as well as the good that architects do lives after them, and I feel that the Legislature has a duty to future generations to see that those who are to be entrusted with the planning and elevation of our buildings should be equipped in every possible way to give of their best.
The benefit to this country of the Bill, should it become law, may not be realised for many years to come. As I have said, it was not considered practicable or desirable to include any provision which might have the effect of removing from any person his present means of earning a livelihood. The Bill, therefore, gives a right to registration to every person now practising as an architect in the Twenty-Six Counties. Fully qualified architects at present enjoying a good practice have nothing to gain from the Bill. On the contrary, from their point of view, the Bill has the objectionable feature of admitting to the register possibly unqualified persons who are at present engaged in practice. I realise that those people, who would possibly get a better standing than they may have at the moment, may be the only people who will gain an immediate advantage on the day on which the council is set up should the Bill be passed, but the architects whom I have consulted recognise that that situation will have to be faced, and are prepared to accept it for the general good. After all, if the registration of architects were postponed until a later date, the same situation would have to be faced; you would have to decide whether or not you were going to deprive of their livelihood people who had been perhaps depending upon that profession, although not fully qualified, and you would be simply that much further back. That is inevitable, I think, in any scheme of this kind—you have had a similar position in other countries, and they have had to face it—but that simply means that the sooner we act the better. If the registration of architects is postponed to a later date we will have to face the same situation, and the towns and countryside may have suffered further disfigurement in the meantime. Registration, as proposed in this Bill, will not debar anyone from entering the profession, but it will ensure that persons who enter it in future cannot practise until they have obtained a definite standard of efficiency.
The Bill itself proposes a very considerable measure of State control of registration. The majority of the members of the proposed Architects Registration Board will be nominated by the Minister responsible, and regulations made by it will require Ministerial approval before they can take effect. Although not provided in the Bill as introduced it is my intention, should the Bill go to Committee, to propose an amendment providing that after a few years the President and Vice-President of the Royal Institute of Architects of Ireland shall cease to be ex-officio members of the board, and that their places should be taken by elected representatives of registered architects. Obviously, that could not take place immediately, because you would have to get your register established and checked before you could have a proper system of election. The Bill, though in no sense identical with the British Acts of 1931, 1934 and 1938, embodies such provisions of those Acts as appear to be suitable to this country. It should be clearly understood that the Bill is intended to do nothing more and nothing less than restrict the use of the title “architect” to people at present engaged in the pursuit of architecture, and to those in future who attain the qualifying standard.
I think I have made a reasonably good case for the acceptance of the principle underlying the Bill, but I have not stated why I consider it urgent that a Bill providing for State registration of architects should become law at an early date. It may be suggested that the whole question should be allowed to stand over until after the period of emergency caused by the war. Even if this argument were to be accepted, I would say that that is no reason why the Seanad should not proceed with the Bill in preparation for after the war. In my opinion, it is highly desirable that some system of registration of architects should be in force at whatever date the war comes to an end. It may well prove to be an essential in dealing with other countries for the purpose of obtaining reciprocity, so that degrees and qualifications recognised here may be accepted for registration outside Eire. I have already read to the House a list of countries where registration is in force, and I need scarcely point out that in several of those countries, including our nearest neighbour, Great Britain, there has been widespread destruction of buildings as a result of enemy action. After the war, there must be extensive rebuilding in those countries, with the probable result that many opportunities may occur for temporary work for young architects from Ireland. If, as is quite possible, the shortage of building supplies in this country continues for a period after the war, many of our young architects may find themselves without work for several years. If they could obtain temporary work in countries which are repairing the damage of war, it would be to their advantage, and the experience which they would gain would benefit this country when they return, as no doubt very many of them would.
At the present time the examinations qualifying for membership of the Royal Institute of the Architects of Ireland are not recognised for the purpose of admission to the register in Great Britain or in Northern Ireland. The position, therefore, is that a student who qualifies for admission to the Irish institute is debarred from practising as an architect in either Great Britain or Northern Ireland— unless he takes those examinations which are recognised—while anyone who resides or who may take up residence in the Twenty-Six Counties, whether qualified or not, is free to practise as an architect.
The Degree of Bachelor of Architecture of the National University likewise is not recognised for registration, and a holder of that degree desiring to practise in Great Britain must first become an associate of the Royal Institute of British Architects. Before his name can be submitted for election to that body he is required to pass a further examination which, if my information is correct, is in one subject only.
The existence of a board such as that proposed to be set up by Section 2 of the Bill with the powers set out in Section 3 would place this country in a position to negotiate for reciprocal recognition with, I believe, good prospect of success. This is my reason for considering it important that the consideration of this Bill should take place this year, and a bona fide effort made to work out a Bill which the Government can reasonably be asked to accept if and when it reaches Dáil Eireann.
From information supplied to me I understand we have at present in Eire 267 students in architecture; 92 of these are studying in the National University and 175 are preparing for the examinations of the Institute of Architecture. Some of these will drop out, but a very substantial number are likely to qualify. If we believe that the principle of registration of architects is bad or that the circumstances in this country are such that registration would be undesirable then we can do little or nothing to help these students. If, on the other hand, this House shares my view that the principle of registration of architects is good, and if there is a probability that work will not be available for them here after the war and for the large number at present qualified but without jobs, then I feel strongly that we should make an endeavour to make arrangements with other countries by which Irish qualifications will obtain full recognition, especially in Northern Ireland and in Great Britain. Leading architects whom I have consulted are of the opinion that a necessary step to pave the way for any negotiations for reciprocity would be the passing into law of this Bill or some similar Bill embodying the principle of registration.
I have explained the general provisions of the Bill and the principle underlying it, but I have not considered it necessary or desirable to explain the Bill in detail at this stage. I may mention, however, that one or two small errors will be found in the Bill as printed. These are typing errors and not due to a mistake on the part of the printer. On page 3, line 55, the words "Section 4 or 8" should read "Section 3 or 7". On page 7, line 48, the words "Section 8 or 9" should read "Section 7 or 8". I must apologise for these errors, which I regret. If there are any parts of the Bill which are not clear to Senators I will endeavour to explain them in more detail when replying to the debate.
In conclusion, I would like to say that I recognise that no Bill of this character could properly become law without careful consideration by the Government of the day. I ask this House to approve the principle by passing the Second Stage and then, in Committee, to do the necessary spade work with a view to presenting to the Dáil a Bill which is worthy of its serious consideration. The responsibility of deciding whether or not it should become law and the most suitable time for its enactment would then rest on the majority of the other House, guided, no doubt, by the Government.