Point of Order
Wednesday 29th June 2016
(8 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text
Pete Wishart (Perth and North Perthshire) (SNP)
On a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as
“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.
The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?
Mr Speaker
I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.
Bills presented
Sexual Offences (Pardons Etc) Bill
Presentation and First Reading (Standing Order No. 57)
John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).
Homelessness Reduction Bill
Presentation and First Reading (Standing Order No. 57)
Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).
National Minimum Wage (Workplace Internships) Bill
Presentation and First Reading (Standing Order No. 57)
Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).
Parliamentary Constituencies (Amendment) Bill
Presentation and First Reading (Standing Order No. 57)
Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).
Awards for Valour (Protection) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).
Benefit Claimants Sanctions (Required Assessment) Bill
Presentation and First Reading (Standing Order No. 57)
Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).
Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill
Presentation and First Reading (Standing Order No. 57)
Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).
Families with Children and Young People in Debt (Respite) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).
Registration of Marriage Bill
Presentation and First Reading (Standing Order No. 57)
Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).
Assets of Community Value Bill
Presentation and First Reading (Standing Order No. 57)
James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).
Double Taxation Treaties (Developing Countries)
Presentation and First Reading (Standing Order No. 57)
Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).
Farriers (Registration)
Presentation and First Reading (Standing Order No. 57)
Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.
Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).
Parking Places (Variation of Charges)
Presentation and First Reading (Standing Order No. 57)
David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).
Disability Equality Training (Taxi and Private Hire Vehicle Drivers)
Presentation and First Reading (Standing Order No. 57)
Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).
Gangmasters (Licensing) and Labour Abuse Authority
Presentation and First Reading (Standing Order No. 57)
Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).
International Trade and Investment (NHS Protection)
Presentation and First Reading (Standing Order No. 57)
Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).
Kew Gardens (Leases)
Presentation and First Reading (Standing Order No. 57)
Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).
Merchant Shipping (Homosexual Conduct)
Presentation and First Reading (Standing Order No. 57)
John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.
Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).
Counter-Terrorism and Security Act 2015 (Amendment)
Presentation and First Reading (Standing Order No. 57)
Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).
Child Poverty in the UK (Target for Reduction)
Presentation and First Reading (Standing Order No. 57)
Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).
Business without Debate
Friday 27th January 2017
(7 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text
Hon. Members
Object.
Bill to be read a Second time on Friday 24 February.
Farriers (Registration) Bill
Bill read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Statutory Nuisance (Aircraft Noise) Bill
Motion made, That the Bill be now read a Second time.
Farriers (Registration) Bill (First sitting)
Tuesday 7th March 2017
(7 years, 8 months ago)
Public Bill CommitteesRead Full debate Farriers (Registration) Act 2017 Read Hansard Text Read Debate Ministerial Extracts
The Chair
I welcome you all to the Committee. Before we begin, I will make a couple of introductory remarks. You know that I take a very old-fashioned view with regard to behaviour in Committee, and anyone caught taking their clothes off or drinking coffee or anything else will be asked not to do so, if that is all right by everyone concerned.
No amendments have been tabled to the Bill. That means that we will have one debate on clause 1 stand part, if that is agreeable, during which it will be perfectly sensible to discuss clauses 2 and 3 stand part, and indeed the schedule to the Bill. At the end of the debate, if it is agreeable to the Committee, we will take clauses 2 and 3 and the schedule formally, having already debated them, rather than taking each separately.
The Chair
I see from nods around the room that that is indeed an acceptable way of proceeding.
Clause 1
Constitution of Farriers Registration Council and its committees
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clause 2 stand part.
Clause 3 stand part.
That the schedule be the schedule to the Bill.
Byron Davies (Gower) (Con)
It is a pleasure to serve under your chairmanship, Mr Gray. I am delighted to be able to present the Bill, to which I have some attachment, as my father started life as a farrier before the second world war. When he came back from the war, things had changed and he followed another career, but I am delighted to have this opportunity to introduce the Bill.
The purpose of the Bill is to protect and maintain the public interest and protect the welfare of equines by modernising the governance, structure and operation of the Farriers Registration Council and its statutory committees. That will enable the council to overcome practical difficulties caused by out-of-date legislation, reduce the risk of legal challenge and modernise the council’s structure and operations in line with the Government’s better regulation principles and the practices of other regulators.
Clause 1 introduces the schedule, which amends the Farriers (Registration) Act 1975 and makes changes to the constitution of the Farriers Registration Council and its committees: the investigating committee and the disciplinary committee. The schedule has three parts, which replace the respective sections in the original Act dealing with the constitution of the council, the constitution of the investigating committee, and the constitution of the disciplinary committee. I will summarise the key points of those parts and highlight the changes that the Bill makes.
Part 1 of the schedule deals with the constitution of the council. The Bill retains the existing number of members—16—but makes some changes to their make-up. It removes the distinction between employed and self-employed farriers, as virtually all farriers are self-employed these days, so the distinction is out of date and no longer representative or valid. Four practising farriers will be elected, and two farriers will be appointed by the British Farriers and Blacksmiths Association. Three members will still be appointed by the Worshipful Company of Farriers, but there will be a new requirement that at least one must be a practising farrier. That means that the minimum number of farriers on the council will be seven, and there may be as many as nine if the worshipful company chooses to appoint more than one farrier. The remainder of the council will be made up of two veterinary surgeons and five lay representatives appointed by various interested bodies, such as the Royal Society for the Prevention of Cruelty to Animals and the British Horseracing Authority. The worshipful company will no longer appoint the chairman, who will be elected by the council from its members.
The Bill also tightens some of the provisions for serving on the council. It introduces a fixed four-year term of office for all members and stipulates that a member may serve on the council only twice. It introduces fitness-to-serve conditions. Members may be removed from office if they fail to comply with those conditions.
Turning to the changes in the constitution of the investigating and disciplinary committees set out in parts 2 and 3 of the schedule, part 2 deals with the investigating committee, which carries out preliminary investigations of cases or complaints against farriers that could amount to professional misconduct. If the investigating committee deems that to be so, the case is sent to the disciplinary committee, which determines whether the charges are proven. It can, where appropriate, apply sanctions—in the most serious cases, up to and including the removal of someone from the register of farriers. That would mean that that person would no longer legally be able to practise farriery.
The function of those committees is vital to the regulation of the farriery profession, and the Bill seeks to make changes to modernise the law and ensure that they are fit and proper for regulation in the 21st century. In particular, the Bill seeks to impose a full separation of powers, as I shall now explain. As the law stands, the investigating committee and the disciplinary committee are made up of members of the council. That does not fulfil the principle of separation of powers and the removal of possible bias and impartiality. The body that sets the standards for the profession is also responsible for investigation and adjudication on possible breaches of those standards.
As such, decisions of the investigating committee or the disciplinary committee may be subject to legal challenge by those whose cases are determined on the basis that they did not have the right to a fair trial. Equally, members of the public may view the lack of impartiality as farriers looking after their own. Consequently, it is vital that changes are made to bring the law up to date. The Bill proposes that members of the investigating and disciplinary committees are not members of the council; nor may they be an officer or servant of the council—that is, paid staff of the Farriers Registration Council.
The provision will be retained that a person on the disciplinary committee cannot sit on a case if they served time on the investigation committee in respect of the same case. That will ensure that full separation of powers is met and that the investigation and disciplinary committees meet the requirements of a modern regulator.
To summarise the remainder of the Bill: the investigating committee will consist of six people appointed by the council, of whom at least two must be registered by the council. The chair will be appointed by the council, and the quorum for a meeting will be three, at least one of whom must be a registered person. As with the council itself, the Bill would introduce a fitness-to-serve provision and powers to remove those who do not comply.
The constitution of the disciplinary committee, set out in part 3 of the schedule, follows similar lines. The principal difference from the investigating committee is that the disciplinary committee will consist of nine members appointed by the council, at least three of whom must be registered persons. The quorum for a meeting will be five members, at least one of whom must be registered. Otherwise, the same rules apply as for the investigating committee: the chair will be designated by the council, and a fitness-to-serve provision introduced, with powers to remove those who cannot comply.
Clause 2 inserts new section 17A into the Farriers (Registration) Act 1975 and gives powers to the Secretary of State to make regulations to amend or replace those parts of the measure that deal with the constitution of the council, the investigating committee and the disciplinary committee. In short, the clause would allow future amendment of the legislation to be made by secondary legislation, should that become necessary.
The clause also recognises the devolved nature of the legislation and would require that, if any future legislative change is made, the Secretary of State must gain the consent of Scottish and Welsh Ministers. The Secretary of State must also consult the FRC and any other relevant parties. Legislative changes will be by statutory instrument and subject to the negative procedure.
Clause 3 provides for the Bill to extend to England and Wales and Scotland, and states that the main body of the Act will come into force when introduced by statutory instrument at a date determined by the Secretary of State.
Mary Glindon (North Tyneside) (Lab)
It is an honour to speak under your chairmanship, Mr Gray. It is more than three years since the coalition Government carried out the consultation on reforming the governance structure and operation of the Farriers Registration Council. Unfortunately, they were not able to allocate time in the previous Parliament for a draft Bill to reform the Farriers (Registration) Act 1975.
I, therefore, congratulate the hon. Member for Gower on taking up the draft Bill. It was wonderful to hear—and he must be proud to be able to speak on this—about something that his father was involved in during his early life. He spoke in depth about the Bill’s clauses, so I will be brief, the Committee will be pleased to hear. The Bill will modernise the Government’s structure and operation of the FRC and its statutory committees to protect and maintain the public interest.
Under the Farriers (Registration) Act 1975, the FRC not only has a responsibility to maintain, regulate and approve membership of the register, but it has a responsibility for the preliminary investigation of disciplinary cases through its investigating committee, and it determines cases through its disciplinary committee. The arrangements are out of date and are not in line with the regulation of other professions. In the Bill, members of both the investigating committee and the disciplinary committee will not be members of the FRC, which will result in an acceptable separation of powers. There will also be a fitness-to-serve requirement for all members, similar to that in other regulatory bodies. There are also defined terms of office, and the chair will no longer be appointed but will be elected by members of the council.
The Bill will reduce the risk of legal challenge, and bring the regulation of the farrier profession into line with the regulation of other professions. It will introduce a new flexibility, and will allow future changes to the FRC to be made by the Secretary of State under secondary legislation, thus allowing the FRC and its committees to be kept up to date and fit for purpose. We support the Bill, as it introduces a greater level of fairness and transparency to the FRC and its committees that will underpin its progress as a modern and professional regulator for its members, and for those who rely on the industry well into the future.
Huw Merriman (Bexhill and Battle) (Con)
I, too, shall be brief. I congratulate my hon. Friend the Member for Gower on bringing forward this private Member’s Bill. As a result of an interaction I had with a constituent of mine who is a farrier, I seem to have got to know more farriers in the country along the way. Perhaps this is a good example of how democracy works: we are here to serve our constituents, and I promised that if I could not get him the answer he needed, I would apply to get on the Bill Committee. Here I am today as a result.
My constituent, Mr Jeffrey Newnham, has concerns about the composition of the Farriers Registration Council, particularly the requirement that the worshipful company provide three members. It appears that the Government have also looked at this issue. The changes are welcome, and should be welcomed by my constituent. By ensuring that one of the three members from the worshipful company must be a farrier, the number of farriers on the council is increased. The Government seem to recognise that there should be greater representation of farriers within the worshipful company.
It may seem strange to some hon. Members, but it is not a requirement for the Worshipful Company of Farriers to actually provide farriers to the council. As a result, farriers feel that they are under-represented among the 16 members. They want 50% of the council to be farriers, rather than the seven out of 16 that will be the case under the Government’s change, which at least raises it from six. Farriers themselves feel that they are under-represented.
The point I would make to my hon. Friend the Member for Gower, and perhaps to the Minister, is that there seems to be a lack of harmony between the farrier industry and its own worshipful company. Knowing some of these companies, I would say that its rules can at times be outmoded and its constitution might not necessarily reflect the industry that it was originally set up to serve. There may need to be a bringing together of farriers and their own worshipful company. I recognise that it is not the Government’s job to intervene so closely, but where farriers have real concerns about a lack of representation on their own council, I would like the Government to take steps to bring the sides together in the event that the Government are unwilling to put the make-up up to 50%.
The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)
May I begin by congratulating my hon. Friend the Member for Gower on bringing forward this Bill, which enjoys full Government support? As the shadow Minister pointed out, we held a consultation on this issue in 2013. The intention is, at the request of the Farriers Registration Council, to revisit the legislation to enable the council to modernise its procedures. The Farriers Registration Council is an important organisation. It was established by the 1975 Act to maintain a register of farriers, to determine who is eligible to practise and to approve farrier training. The Farriers Registration Council is a light-touch regulatory body that focuses on regulating the individual and leaves the farrier free to adopt the business model of their choice.
I will not rehearse the detailed intention behind each clause because my hon. Friend the Member for Gower has outlined that. In summary, first, the Bill establishes a new schedule that enables us to revisit the constitution of the Farriers Registration Council. I will return to that in a moment, given the points made my hon. Friend the Member for Bexhill and Battle. Secondly, in order to establish a degree of independence that it was felt was wanted, the Bill makes changes to the constitution of the disciplinary committee and the investigating committee to ensure that members of those committees cannot also be members of the council. Thirdly and importantly, clause 2 establishes a power for us to revisit issues such as the constitution of the Farriers Registration Council and its committees through secondary legislation. Most of us here today would probably think it unnecessary to have primary legislation to make decisions about the constitution of a particular committee of the Farriers Registration Council.
The original 1975 Act sought to maintain some continuity with the very good work done by the Worshipful Company of Farriers, which can trace its origins right back to 1356. In fact, the company is No. 55 on the register of the City of London livery companies. The 1975 Act always intended to maintain a link between the Worshipful Company of Farriers and the Farriers Registration Council. That is why it charged the Worshipful Company of Farriers with the function of
“securing adequate standards of competence and conduct”
among farriers, and the duty of promoting, encouraging and advancing the
“art and science of farriery”.
As my hon. Friend the Member for Bexhill and Battle pointed out, under the legislation, it is the role of the Worshipful Company of Farriers to provide three appointees to the Farriers Registration Council, but we are making a number of important changes.
I reassure my hon. Friend that I, too, have had meetings with farriers on both sides of the debate. I have met those who felt that the Worshipful Company of Farriers had too great a role. They raised two particular issues. First, they felt there should be 50% representation of working farriers. Secondly, they had concerns about the ability of the Worshipful Company of Farriers, under the original Act, to directly appoint a chairman of the Farriers Registration Council. I listened to those concerns, but I reassure him that they are not felt universally by all farriers. I have also had farriers contact me to say that they are perfectly happy with the current arrangements, that they have great confidence in the Worshipful Company of Farriers, and that they would not want to break that link.
We have therefore sought to build a compromise that addresses all of those concerns. First, we have made it clear that the Worshipful Company of Farriers will no longer directly appoint a chairman of its choosing. In future, the members of the council will decide who is their chairman. That does not prevent there being a convention, if it is the will of the members of the council, for the Worshipful Company of Farriers to advance options or nominations to be considered alongside others. However, it means that the worshipful company will no longer have the power to directly appoint a chairman.
The second change is that, of the three appointees the worshipful company must make, at least one must be a working farrier. It is possible for all three to be working farriers, meaning that, of the 16 members, a minimum of seven and a maximum of nine will be working farriers. It is likely that, more often than not, the majority of council members will be working farriers, which I think strikes the right balance. If the council were predominantly constituted of farriers and did not, as currently, have veterinary experts, representatives of the horse industry and other experts in the field, there would be the danger of regulatory capture. That is the counter-argument that has been made by others in the worshipful company. I hope that the compromises we have made strike the right balance in that regard and mean that hon. Members feel able to support the Bill.
Finally, I simply say that it is important that councils such as this have a collegiate manner and work together, based on the evidence of individual cases and particular problems. We do not want a system in which there is a bloc vote of working farriers versus the rest; that would clearly not be a healthy state of affairs. I hope I have reassured hon. Members about the changes we are making and the reasons for them. In doing so, we make no comment at all about the Worshipful Company of Farriers. It is an organisation with a proud history. I have met its representatives and have a huge amount of respect for them. The Bill will maintain the close link with the Worshipful Company of Farriers while, I hope, striking the right balance in other areas. I am happy to say that I support the Bill and hope it is passed quickly.
Byron Davies
I am grateful for the shadow Minister’s kind words, her support for the Bill and her assistance in allowing for its smooth transition. I am grateful to the Minister for addressing the point raised by my hon. Friend the Member for Bexhill and Battle, and I hope that that matter has been put to rest for him and his constituent, Mr Jeffrey Newnham. That is about all I have to say.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 and 3 ordered to stand part of the Bill.
Schedule agreed to.
Bill to be reported, without amendment.
Business without Debate
Friday 24th March 2017
(7 years, 8 months ago)
Commons ChamberRead Full debate Farriers (Registration) Act 2017 Read Hansard Text
Mr Deputy Speaker (Mr Lindsay Hoyle)
We have come to the end of the time for opposed private Members’ Bills this Session. Four private Members’ Bills have already been passed this Session by the House of Commons, with another three today. It is not possible to debate any more of today’s Bills, which will make progress only if no Member objects to Questions on them being put without debate. There are no remaining sitting Fridays appointed for the consideration of private Members’ Bills. Following a recommendation from the Procedure Committee, there is a list on the parliamentary website of any private Members’ Bills put down formally for subsequent days. At present, Bills are set down for Friday 12 May, though the House is not expected to be sitting that day. In a moment, the Clerk will read over the titles of the rest of the Bills set down for today. If they are objected to, the Member in charge of the Bill may name Friday 12 May, or any other day of their choice.
Crown Tenancies Bill
Consideration of Bill, not amended in Public Bill Committee
Hon. Members
Object.
Bill to be considered on Friday 12 May.
Farriers (Registration) Bill
Bill, not amended in Public Bill Committee, considered.
Bill read the Third time and passed.
Road Traffic Offenders (Surrender of Driving Licences Etc) Bill
Consideration of Bill, not amended in Public Bill Committee
Hon. Members
Object.
Bill to be considered on Friday 12 May.
Awards for Valour (Protection) Bill
Further consideration of Bill, as amended in Public Bill Committee
Hon. Members
Object.
Bill to be further considered on Friday 12 May.
Carbon Monoxide Poisoning (Safety Abroad) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
House of Lords (Exclusion of Hereditary Peers) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Unsolicited Marketing Communications (Company Directors) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Statutory Nuisance (Aircraft Noise) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
FEEDING PRODUCTS FOR BABIES AND CHILDREN (ADVERTISING AND PROMOTION) BILL
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Wild Animals in Circuses (Prohibition) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Animal Fighting (Sentencing) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
National Health Service Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Asset Freezing (Compensation) Bill [Lords]
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Workers’ Rights (Maintenance of EU Standards) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Vehicle Noise Limits (Enforcement) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Families with Children and Young People in Debt (Respite) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Unlawful Killing (Recovery of Remains) Bill
Motion made, That the Bill be now read a Second time.
Hon. Members
Object.
Bill to be read a Second time on Friday 12 May.
Protection of Family Homes (Enforcement and Permitted Development) Bill
Resumption of adjourned debate on Question (25 November), That the Bill be now read a Second time.
Farriers (Registration) Bill
Monday 27th March 2017
(7 years, 8 months ago)
Lords ChamberRead Full debate Farriers (Registration) Act 2017 Read Hansard Text
Farriers (Registration) Bill
Thursday 6th April 2017
(7 years, 7 months ago)
Lords ChamberRead Full debate Farriers (Registration) Act 2017 Read Hansard Text Read Debate Ministerial Extracts
The Earl of Caithness (Con)
My Lords, as we all know, it is extremely difficult to get a Private Member’s Bill through another place, so I am very happy to congratulate my honourable friend for Gower, Byron Davies, on the excellent work he did in getting the Bill through all its stages in the Commons and to congratulate the Government on helping it get this far.
The purpose of the Bill is to:
“Make provision about the constitution of the Farriers Registration Council”—
which I will call the FRC—“and its committees”. The FRC is the regulatory body for the farrier profession in Great Britain. Its statutory responsibilities are provided for by the Farriers (Registration) Act 1975 and include maintaining a register of farriers, determining who is eligible for registration and regulating farriery training. Further, the FRC investigates and, where necessary, determines disciplinary cases through its statutory investigating committee and disciplinary committee—and there is the rub and the mischief that leads to the Bill.
For those who are following the Bill, I am grateful to the Government for the help they gave me in producing the Explanatory Notes, which go into some detail. I will take the House very briefly through the Bill. At the beginning, I underline that the FRC is not a trade union but a regulating body. As such, it has to have an up-to-date constitution. As we all know, our noble friend Lord Bew reported in September last year. He set out the danger of regulatory capture, where a profession exercises undue influence over a regulator. The whole point of the Bill is to ensure the good name of farriery for the future.
There are three organisations involved. There is the FRC, but there is also the Worshipful Company of Farriers, which sets professional standards and qualifications on a worldwide basis. People from all over the world use its standards. The British Farriers and Blacksmiths Association is the trade association. They all work in harmony for the benefit of the profession, by and large. Inevitably, there are some tensions—but that is good for a regulatory body as it keeps it up to the mark.
The Bill has three clauses. The first introduces the schedule and the second gives power to the Secretary of State for Environment, Food and Rural Affairs to make further changes to the constitution of the council and its committees through regulations. That is a significant change. At the moment, everything has to be done by primary legislation, which is why we have the Bill before us today. The third clause gives the extent, commencement and short title of the Bill. The Bill extends to England, Wales and Scotland.
The schedule is also in three parts. The first part relates to the constitution of the FRC, and the number remains at 16. What is new is that in future the appointment of a member of the council will be for a term of four years, and somebody can serve for only two terms. That is a step forward, bringing the legislation into line with other regulatory bodies. Parts 2 and 3 of the schedule deal with the constitution of the investigating committee and the disciplinary committee. This is where we get the separation of powers from where the regulatory body, the FRC, to date has been judge and jury in its own case to where you now have the regulatory body and then separate investigatory and disciplinary bodies. That is normal procedure. It is for the benefit of not only the profession but of everybody who owns a horse, and for public confidence in the profession.
To return to the constitution, it is worth pointing out that the council will consist of three persons appointed by the Worshipful Company of Farriers, one of whom must now be a farrier—and there are lots of farriers within the worshipful company; four practising farriers, an appointment made in accordance with the scheme made by the council; two registered persons appointed by the National Association of Farriers, Blacksmiths and Agricultural Engineers; two veterinary surgeons appointed by the Royal College of Veterinary Surgeons; and one lay person from each of five outside bodies. I put it to your Lordships that this is hugely important because it includes bodies such as the British Horseracing Authority and the British Equestrian Federation, which are looking at the health of horses as a whole.
I ask noble Lords to give the Bill a Second Reading. This is an important, almost unique opportunity, given what is before us in the next two Sessions of Parliament, for us to get the Bill on to the statute book. I commend the Bill and I beg to move.
Lord Addington (LD)
My Lords, I thank the noble Earl for bringing the Bill forward. I am afraid I must take a bit of the responsibility for it being in front of noble Lords in the first place. A while ago, one of the elected farriers on the existing board came to me and said that there were problems. I will not go into details because I do not think it would add anything to the process, but my advice was, “Go and talk to your MP”. He and the other elected farriers on the board—then there were four, as there will be now, but slightly different criteria were used from those in the Bill—went and spoke to their MPs. After a great deal of churn, we have ended up with a new Bill, and I must thank Byron Davies for getting it through the House of Commons. When we initially spoke about this I did not think that would happen, so congratulations to all those involved in piloting the Bill through.
The problems were basically explained to me as being cultural—there had been a breakdown. The solutions that the elected farriers wanted were not exactly those in the Bill, but I appreciate that this is better. Even they would say that half a loaf is a hell of a lot better than no bread, so I hope we get the Bill through. As the noble Earl has pointed out, this will probably be the last opportunity to do so.
I have a few questions for the Minister, and indeed the noble Earl if he cares to chip in. Could we get a working definition in the Bill of what a working farrier actually is? Some of the problems stemmed from the fact that it was felt that some of the committees did not understand the realities of being a farrier—that is, a person who travels around the country, usually in a small vehicle, having to deal with half a tonne of horseflesh that may not be that co-operative. Indeed, it has been said that farriers usually have a girlfriend or boyfriend who is a nurse because frequently that is how they meet. It is a hard, dirty, physical job, and having people who understand that would help. I make it at least five farriers on the council specified in the Bill. If the noble Earl or the Minister could give a definition of what exactly the word means, that would help.
The process of appointing the chair has changed, and a description of how that has changed would help to clarify what has gone on here. The noble Earl has remarked on the capacity to change this much more easily, if something goes wrong, as we are using statutory instruments. I think that would be a last resort, as he has said, but it would mean that things could actually be changed that much more quickly in future.
If we get these clarifications in place, we should do everything we can to ensure that the Bill gets through because it will make the situation better. With that, I wish the Bill godspeed, and hope that we do not actually have to take up too much time getting it through.
Baroness Jones of Whitchurch (Lab)
My Lords, I am very grateful to the noble Earl, Lord Caithness, for tabling the Bill, and for so ably taking the baton from his colleague, Byron Davies, who sponsored the Bill in the Commons. I now realise I should also be thankful to the noble Lord, Lord Addington, for his initiative, which led to the Bill in the first place. I think we will discover during the debate that that initiative was well worthwhile.
I make it clear at the outset that we intend to support the Bill without amendment and we very much hope that it can clear the remaining hurdles to become law, although I had some sympathy with the points that the noble Lord was raising, particularly about the definition of a farrier. I certainly had to look up that term before I came into this debate in order to understand completely what it meant. However, I do not want to encourage anything that might mean the Bill does not become law, so I do not know what the logistics of that would be. I am sure the Minister will explain all.
As the noble Earl rightly recognised, regulation in many professional services and welfare sectors has moved on since the introduction of the original Act in 1975. I have personal knowledge of the standards now expected in the regulated sectors, because I sat for many years as a doctors’ fitness to practise panellist, as well as chairing part of the regulatory oversight for the Royal Institution of Chartered Surveyors. Those regulated areas have moved on and are constantly reconsidering and improving their standards of oversight, and it is right that we should do so in this area.
I recognise the importance of modernising the regulation of farriers to ensure that the public can have continued confidence in the quality of the service being provided and have recourse to an independent judgment when things go wrong. That is why we support the proposal to separate the powers of the farriers’ registration committee from those of the investigating committee and the disciplinary committee. It is now common practice in regulatory bodies that those who set the standards are different from those who adjudicate on them, so the changes come into line with good practice elsewhere.
We also support the changed membership of the Farriers Registration Council to increase the number of practising farriers, along with two veterinary surgeons, as well as broadening the involvement of the organisations which have already been mentioned. This should indeed help to strengthen the council’s knowledge of up-to-date, professional, technical and training issues, so that it is better able to set achievable standards and deliver them. We also support the time limits on office and the arrangements for the election of the chair. Again, all these seem to coincide with good practice elsewhere.
These proposals are a sensible balance between the majority of working farriers and those involved in the Worshipful Company of Farriers. Both have a role to play, but our ultimate aim has to be to provide a modern and professional regulator that commands public confidence and operates transparently. The Bill achieves that aim and we are very happy to support it.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
My Lords, I am most grateful to my noble friend Lord Caithness for introducing the Bill, speaking so powerfully as to its merits and giving us some of the background to this matter. I also acknowledge my honourable friend Byron Davies for his piloting of the Bill through the other place.
As noble Lords will know, farriery has been and is central to the well-being of the horse. Indeed, I was brought up with the expression, “No foot, no horse”, which succinctly captures for me how important the skill of the farrier is. Farriery deserves sensible and proportionate regulation, and the Bill proposes precisely that.
The proposals have been worked on since 2013. A project team was set up with officials from Defra, the Scottish and Welsh Governments and a working party of members of the Farriers Registration Council and staff. A consultation was jointly held by Defra with the Scottish and Welsh Governments in late 2013, which addressed all the major elements of the proposals. The legislation would extend to England, Wales and Scotland.
The purpose of the Bill is to protect and maintain the public interest and to protect the welfare of equines, by modernising the governance, structure and operation of the Farriers Registration Council and its statutory committees. This will enable the FRC to overcome practical difficulties caused by out-of-date legislation, reduce the risk of legal challenge and modernise the FRC’s structure and operations in line with the Government’s principles of better regulation and the practices of other regulators. Its most crucial aspect is the need to introduce full separation of powers between the council and its investigating and disciplinary committees. I was most grateful for what the noble Baroness, Lady Jones of Whitchurch, said about the importance of such arrangements.
The investigating committee is set up to carry out the preliminary investigation of cases or complaints against farriers that could amount to professional misconduct. If the investigating committee deems this to be the case, it is sent to the disciplinary committee. The disciplinary committee determines whether the charges made are proven, and can where appropriate apply sanctions—in the most serious cases, up to and including the removal of a person from the register of farriers, meaning that the person would no longer legally be able to practise farriery. The function of these committees is vital to the regulation of the farriery profession, and the Bill makes changes to modernise the law and ensure that it is fit and proper for regulation in the 21st century. In particular, as my noble friend Lord Caithness said, it imposes a full separation of powers.
As the law currently stands, the investigating committee and the disciplinary committee are made up of members of the council. This does not fulfil the principle of separation of powers and the removal of possible bias. Currently, the same body which sets the standards for the profession is responsible for investigation of and adjudication on possible breaches of those standards. That is very important, as the decisions of the investigating committee or the disciplinary committee may be subject to legal challenge by those whose cases are being determined on the basis that they did not have the right to a fair trial. Equally, members of the public may view the lack of impartiality as farriers looking after their own.
Consequently, it is vital that changes are made to bring the law up to date, as the noble Baroness, Lady Jones, rightly inferred. The Bill proposes that members of the investigating committee and disciplinary committee must be persons who are not members of the council; nor may they be an “officer or servant” of the council—that is, paid staff of the FRC. The provision is retained that a person on the disciplinary committee cannot sit on a case if they served time on the investigation committee in respect of the same case. This ensures that full separation of powers is met and that the investigation and disciplinary committees meet the requirements of a modern regulator.
I will address some of the issues that have been raised, including the number of farriers who sit on the council. The council is made up of 16 members. Currently six of those members are practising farriers, and the Worshipful Company of Farriers appoints three more members, who may or may not be practising farriers. The remainder of the council is made up of two veterinary surgeons and five lay representatives appointed by various interested bodies, as set out in the schedule to the Bill.
Following consultation with the farriery profession regarding representation of practising farriers on the council, the Government have responded to the concerns of the farriers, and the Bill proposes that at least one of the members of the FRC who is appointed by the worshipful company must be a currently practising farrier. This brings the constitution of the council to a minimum of seven currently practising farriers out of 16 members. In response to the noble Lord, Lord Addington, and the noble Baroness, Lady Jones of Whitchurch, I emphasise that, as set out in Part 1 of the schedule,
“‘practising farrier’ means a registered person who carries out farriery”;
that is, is actively and currently engaged in the profession. The Government have also decided, following a consultation process, that the chair of the council is to be elected from among the members of the FRC, rather than appointed directly by the Worshipful Company of Farriers, as is the case currently. The noble Lord, Lord Addington, also raised this.
I stress that it is vital that as a regulatory body the FRC should reflect a balance of interests rather than bloc voting, and must also avoid the risk of regulatory capture by the profession it is regulating. It is also government policy that the split between farriers and non-farriers should be approximate rather than specified exactly in statute, and managed by the FRC itself according to the needs and skills requirements of the council at any particular time. I believe that the proposals allow for this flexibility, and for fair representation of the farriery profession on the FRC without risking regulatory capture. I also believe that it would not be in the interests of farriers if there were not a fair representation of third parties on the council to assist them in the regulatory environment of their profession.
Also in response to the noble Lord, Lord Addington, I say that the Government consider that should the FRC require future administrative amendments to its structure or that of its committees in order to continue to function properly and effectively as a modern regulator, such changes should be able to be made more swiftly than currently; that is, without the need for primary legislation. The use of secondary legislation to secure any further changes would clearly need to be on the basis of maintaining the public interest. This would be in keeping with other regulatory environments. For instance, a similar power exists in paragraph 24(1) of Schedule 1 to the Architects Act 1997, under which the Secretary of State may make an order to amend the provisions of that Act. The proposed power in the Bill includes provision for the Secretary of State to consult fully and, additionally, obtain the consent of Scottish and Welsh Ministers, given that farriery is a devolved matter.
The Government have consulted fully on the proposals, and the nature of the responses suggests widespread support for the Bill. Indeed, it is very much the prevailing view that there is an urgent need for the modernisation and reform that the Bill proposes, and it is vital for the profession that the Bill is passed.
I endorse the importance of the profession of farriery in terms of equine welfare and the need to ensure that the highest professional standards are maintained. The Bill provides a modern regulatory environment for a profession on which all horse owners rely. Again, I thank my noble friend Lord Caithness for introducing it and I, too, wish it a safe passage.
The Earl of Caithness
My Lords, I am grateful to all noble Lords who have taken part in the debate. It is with sadness that I have to say that my noble friend Lord Shrewsbury, who had his name down to speak, and would have been a great asset to our debate given his knowledge of the horse industry, clearly spread a plate before coming under starter’s orders. But I know that he fully supports the Bill as it stands.
I am grateful to the noble Lord, Lord Addington, but I think he painted a gloomy picture of the real situation. I thought it was a little negative. If we go back to the consultation exercise and look at the question on the mix of registered farriers to lay persons, 67% of the respondents thought that the current mix was right. On another question, 67% of respondents thought that the chairman should continue to be appointed by the WCF. The Government agreed that initially and said that the status quo must remain, but they have moved significantly. I think that they are probably right to have done so; they have shown a willingness to listen.
I thank the noble Baroness, Lady Jones of Whitchurch, for supporting the Bill. It is quite right that such a Bill should go out of this House with unanimous support, as a message to all. To my noble friend the Minister, I thank him for his support and time. He was absolutely right to say no foot, no horse—and don’t I know how difficult it is to get shod when one has poor feet. I can at least say that my feet hurt, but the poor horse cannot. Therefore, we rely very much on the skills of the farriers, to which the noble Lord, Lord Addington, drew our attention.
This Bill does not need any more rasping. I believe that we can clinch it and get it well shod. I wish all noble Lords a very happy Easter and thank the Government for making time for this Bill. I beg to move.
Farriers (Registration) Bill
Wednesday 26th April 2017
(7 years, 7 months ago)
Lords ChamberRead Full debate Farriers (Registration) Act 2017 Read Hansard Text
The Earl of Caithness (Con)
My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Lord Tyler (LD)
My Lords, I wonder whether it would be appropriate for me to ask a question of the noble Earl, and indeed of the Minister. I wonder whether either of them have seen the report—published today, as I understand it—by the Delegated Powers and Regulatory Reform Committee, referring to some important aspects of this particular Bill, which of course has been looked at literally only today by that committee, on which I serve. There are aspects that raise the controversial issues of the Henry VIII clause. The Government originally supported the Bill and produced a Memorandum for the Committee about these matters on behalf of the noble Earl and the Bill’s promoters in the other House.
These questions raise important issues about executive expediency. We all recognise that at this stage of a Parliament it is extremely important to complete the business that is before both Houses, but I believe, and I think Members of your Lordships’ House will agree with me, that we should not do it simply for the expediency of the Executive. If there are matters that are of concern to this House about the way in which secondary legislation following from the Bill is to be handled by Parliament, we in this House are duty-bound to ask those questions. It would be wrong, simply because we are faced with an early general election or indeed the end of a Session, simply to fast-track legislation without proper regard to these issues of scrutiny. I am sure the noble Earl would agree with me, as he is a strong protagonist for the responsibilities of this House.
I wonder whether the noble Earl and the Minister will now be in a position to comment on the important qualifications that have been brought forward by the Delegated Powers and Regulatory Reform Committee to your Lordships’ House today on the issue of secondary legislation. It is not immediately apparent why the promoters of the Bill, and indeed the Government, did not use the LRO procedure, which would have been more appropriate. It would have meant that we had proper scrutiny of the secondary legislation that follows from the Bill.
I am sure other Members of your Lordships’ House will agree with me that we should not simply be accelerating procedures for the convenience of the Government. What we should be doing is our duty in terms of proper scrutiny. In that respect, I hope both the noble Earl and the Minister will agree that proper regard should be paid to the committee’s concerns.
The Earl of Caithness
My Lords, I am grateful for the intervention from the noble Lord, Lord Tyler. This Bill is not for the benefit of the Government; it is for the benefit of the farriers and updating the law.
I am aware of the report. I have not had time to discuss it with the Minister, but I plan to do so immediately this Motion has been agreed because I think it right and proper that I should do so. Had we had sight of the report earlier, I would have been able to see the Minister before now, and I apologise to the House for not having been able to. However, I shall do so immediately after this.
Lord Grocott (Lab)
Bearing in mind that the noble Earl is now looking to an accelerated Committee stage for his Private Member’s Bill, I remind him of the Committee stage of the abolition of by-elections for hereditary Peers Bill at whose Committee stage, where it was supported widely across the House, he and one of his noble colleagues decided to table some 30 amendments in order to prevent the further passage of that Bill. I wonder whether, when I introduce a similar Bill in the next Session of Parliament, he will afford the same courtesy of a rapid passage of the Committee stage to the hereditary Peers abolition of by-elections Bill as appears to be being afforded to him today.
The Earl of Caithness
My Lords, I am grateful to the noble Lord for not tabling amendments to this Bill.
Farriers (Registration) Bill
Thursday 27th April 2017
(7 years, 7 months ago)
Lords ChamberRead Full debate Farriers (Registration) Act 2017 Read Hansard Text
Royal Assent
Thursday 27th April 2017
(7 years, 7 months ago)
Lords ChamberRead Full debate Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 3 February 2017 - (3 Feb 2017)