The Royal Institute of Architects in Ireland (RIAI) has given a broad welcome to the Competition Authority’s report on the architecture profession which was published on 7 March. Commenting on the report, RIAI Director, John Graby, welcomed the fact that the Competition Authority recognised that there were few barriers to competition in the profession.

"Architecture is a client focused profession. RIAI members always strive to provide their clients with the most professional service available. This ethos includes competitiveness and the Competition Authority report recognises this fact," John Graby said.

"The numbers involved in the profession have grown rapidly over recent years increasing from approximately 2,000 in 2001 to almost 2,500 at present. A further sign of the openness of the profession is reflected in the fact that the number of architecture schools in the country has grown by 150% from two to five in recent years."

However, the RIAI took issue with some of the conclusions contained in the report, in particular the Authority’s views on the proposed system for the regulation of the profession contained in the recently published Building Control Bill. In particular, John Graby stated that the independent nature of the regulation system proposed in the Building Control Bill appears not to be fully understood by the Competition Authority.

"The regulation system as currently proposed will be independent. Although administered and funded by the RIAI, there will be independent assessment of admission and conduct. Wholly independent committees, comprised of a majority of non-architects and working to a statutory remit, will carry out these tasks."

The RIAI are also critical of the Competition Authority’s comments that the current system of competition seems to be working well for consumers and the economy as a whole.

"At present anyone can set up a business and trade as an architect. Research carried out last year on behalf of the RIAI shows that 77% of the public are not aware that in Ireland, a person does not at the moment have to have any educational or professional qualifications in order to call himself or herself an architect and offer architectural services to the public.

"An RTE Prime Time programme broadcast almost one year ago highlighted the great difficulties that can be caused to unsuspecting members of the public by unqualified people claiming to be architects. However, that programme just dealt with the difficulties caused by one particular unqualified ‘architect’, unfortunately this individual represents a much wider problem as evidenced by the fact that the RIAI received 141 complaints about such unqualified people in 2004. Indeed, 80% of the complaints received by the Institute during last year related to such unqualified ‘architects’.

"Clearly the current system of regulation is not working well for many consumers of architectural services and requires change. This was recognized in 1997 by the Strategic Review of the Construction Industry which recommended the introduction of regulation and this was accepted by Government. The Building Control Bill, of which the Competition Authority is being critical, is introducing that much-needed consumer protection for the first time."

Mr Graby also criticised the Authority’s view that, as an overriding principle, regulatory and representative functions should not be combined, on the grounds that there is too much potential for conflict of interest.

"At no point has any evidence been advanced for such an assertion and while it is perfectly valid for the Authority to have such a policy, it should be evidence based. In the case of architects, the prevailing model in EU member states is that of a body combining regulatory and representative functions and the Authority has produced no evidence of any conflicts of interest having arisen. There are, in fact, only two EU countries that have a separate Registration Body, the Netherlands and the UK. Indeed, the Authority does not appear to have taken account of the concept of co-regulation which has become a key part of the ways in which the European Union now makes and implements laws.

"What is proposed in the Building Control Bill is co-regulation where, subject to definition by legislation and government oversight, a function is delegated to the RIAI on a co-regulation basis. Such a process recognises the oversight of Government in these objectives, while utilising the most effective and efficient private sector resources to meet this end," John Graby concluded.