THIS POST IS NOT INTENDED TO PROVOKE A RENEWED DISCUSSION ABOUT A GRANDFATHER CLAUSE.
It is about the class of architect designated as MRIAI(IRL).
My purpose is to underline the absolute necessity, when discussing Registration, of reading behind every assertion made by the Royal Institute of the Architects of Ireland Limited.
My own opinion is that the more often it repeats a “devastating” observation, the more need is there for those observations to be examined.
The Legal Opinion given to the Royal Institute on the 23rd September 2010 by Gerard Hogan SC (who is now a judge) is being aired anew by its Director, who holds the Statutory Office of Registrar for Architects. Point 12 of that Opinion states:-
“One could not plausibly so suggest that Ireland (or any other Member State) was free to recognise additional categories of persons for purely domestic purposes so that they would not be eligible to avail of the Directive for the purposes of mutual recognition for establishment purposes.”
[In that extract from Point 12, “mutual recognition for establishment purposes” has the same meaning as “automatic recognition in the EU/EEA” which appears in the quotation below.]
YET, AS YOU PROBABLY KNOW, THE ROYAL INSTITUTE HAS CREATED PRECISELY THAT ADDITIONAL AND PURELY DOMESTIC CATEGORY OF ARCHITECT.
The following statement, headed “RIAI Member and Register Admission Routes” is from the RIAI Ltd web site -
“RIAI Membership (MRIAI) is open to you if you can demonstrate through one of the routes provided that you meet all of the requirements for independent practice in Ireland.
MRIAI is a listed qualification in Directive 2005/36/EC and, with an accompanying certificate (if applicable), confers eligibility to seek automatic recognition in all other EU/EEA Member States.
An alternate architect membership affix MRIAI(IRL) is open to you if you demonstrate that you meet the requirements for registration in the State set out in the Building Control Act 2007 but cannot, at this time, demonstrate compliance with the requirements of Directive 2005/36/EC for automatic recognition in the EU/EEA.
Which affix applies to you is decided by the Board of Architectural Education Admissions Committee when your application for membership is being considered.”
I will borrow from the Registrar’s retort to the BAI decision that the RIAI (Ltd) radio campaign was misleading, by saying
“I am just a simple man” – for I guess it takes the wisdom of a Judge to reconcile these opposing statements.
PS – I will be pleased to see the full text of Gerard Hogan’s other published Opinion which, as I recall, gave specific authority to the implementation of MRIAI(IRL).