All 9 contributions to the Professional Qualifications Act 2022 (Ministerial Extracts Only)

Read Full Bill Debate Texts

Tue 25th May 2021
Wed 9th Jun 2021
Professional Qualifications Bill [HL]
Lords Chamber

Committee stage & Committee stage
Mon 14th Jun 2021
Tue 22nd Jun 2021
Tue 9th Nov 2021
Wed 17th Nov 2021
Wed 15th Dec 2021
Mon 14th Mar 2022

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate
2nd reading
Tuesday 25th May 2021

(2 years, 9 months ago)

Lords Chamber
Professional Qualifications Act 2022 Read Hansard Text

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel
- Hansard - - - Excerpts

That the Bill be now read a second time.

Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, I start my remarks by recognising the wealth of professional experience that is in your Lordships’ House and will no doubt be on full display in today’s debate. Our regulated professions are a national asset, and the professionalism of our services sector is part of the UK’s offering to the world. Good regulation and the expertise of regulators underpin that professionalism.

The purpose of the Bill is to revoke the EU-derived system for the recognition of overseas professional qualifications in the UK following the post-Brexit transition period. The Bill replaces this system with a new framework, global in outlook and tailored to the needs of the UK. The Bill will allow action to be taken in the public interest if it is judged that a shortage of professionals has arisen in a profession. It also makes sure that regulators have the tools they need to strike agreements with their international counterparts on the recognition of professional qualifications, creating more opportunities for UK citizens to work globally. These agreements will be a key facilitator of services trade, creating opportunities for UK-based professionals to work and provide services abroad. I can reassure the House that the Bill does not restrict the independence of the UK’s regulators. It fully respects regulators’ autonomy to determine who can practise in the UK.

I begin by describing the constituency of the Bill. Across the UK, over 160 professions are regulated by law by a network of over 50 regulators. The Bill will apply to all professions regulated by law. This means areas where there are restrictions in legislation on pursuing the activities of a profession, such as for doctors. It also includes restrictions on using a professional title, such as for architects. These restrictions usually require individuals to gain a qualification, carry out specialised training or demonstrate their professional experience.

Typically, an individual is required by law to register with a regulator to practise that profession. Many of these regulators are established in legislation, operating independently of the UK Government and the devolved Administrations. The Bill also encompasses bodies established by royal charter, but only if they have functions under legislation in relation to a profession regulated by law. However, the Bill does not apply to professions regulated on a voluntary basis. For example, it does not apply to chartered professional titles that are voluntarily regulated, such as chartered accountants, although it includes auditors and chartered engineers.

Some professions are regulated on a UK-wide basis, and the regulation of others is entirely devolved. The Bill will apply to the entirety of the UK, while of course respecting the devolution settlements by allowing the devolved Administrations to make regulations within their devolved competence.

As I hope your Lordships can appreciate from my description, the regulation of professions comprises a complex regulatory landscape. It has resulted from the differing needs of professions and from legislation being introduced over a long period. That is why the Bill establishes a framework. It sets out a permissive approach, under which regulations could be made to provide tailored solutions for specific professions if and when required. It needs this flexibility because we cannot anticipate future professional shortages or the terms of future international agreements.

I emphasise that we want this new framework for recognition of professional qualifications to complement regulators’ existing practices. For this reason, the Government have engaged closely with a wide range of regulators. I can assure the House that I take their views very seriously. Indeed, following further consultation with the GMC and other healthcare regulators since introduction, the Government intend to table an amendment to Clause 1 in good time before Committee. This is to address concerns raised by regulators such as the GMC to ensure that the flexibility and autonomy of healthcare regulators and others is preserved in the event that these powers are used.

I turn now to the main elements of the Bill. Its core purpose is to update the regulatory framework for recognising professional qualifications and experience gained overseas. Through Clauses 5 and 6 we would revoke the EU-derived system, which places obligations on our regulators to offer preferential treatment to European Economic Area and Swiss-qualified professionals compared to those with qualifications from other parts of the world.

This system was always intended to be temporary, and it has not been reciprocated by the EU. We need to replace it with a new framework in line with our status outside the single market and our global Britain ambitions. We want our regulators to recognise professionals from around the world, considering the skills and knowledge they offer, not just where they came from. The Bill will ensure that regulators can be given the legal ability to recognise overseas qualifications wherever they were granted, if they deem it appropriate to do so.

Through Clause 1, UK Government Ministers and the devolved Administrations can require regulators to have a process to recognise professional qualifications from all around the world where the individual meets UK standards. This would be implemented through secondary legislation.

Clause 2 limits the use of this power to professions where demand is not being met and the resultant shortage could be addressed by opening up this new process for professionals with qualifications from overseas. This condition provides reassurance that UK Government Ministers and devolved Administrations can act only when there is a clear public interest in so doing. For the professions where this power is used, regulators will have flexibility in the way they assess individuals with professional qualifications and experience gained overseas without, I stress, compromising their rigorous standards. Where Clause 1 is not exercised, regulators will of course be free to continue recognising qualifications from overseas in line with their existing powers.

Noble Lords will be aware of the value of services exports in our economy. Indeed, the EU Services Sub-Committee issued a report on the future UK-EU relationship on trade in services in March this year. The report acknowledged the role of the mutual recognition of professional qualifications in services trade for many sectors. With that in mind, the Bill also includes two measures that support us as we seize opportunities for professionals in overseas markets and encourage talented professionals to work in the UK.

Clause 3 will enable UK Ministers and devolved Administrations to implement the recognition of professional qualifications elements of international agreements. In Clause 4, we propose a power to make regulations that would empower regulators to enter into recognition agreements with their overseas counter- parts. We would use this power only where regulators do not already have the ability to do so. That includes mutual recognition agreements agreed in accordance with trade agreements that the Government are striking around the world. It can also include individual agreements with overseas counterparts pursued at regulators’ discretion.

To be frank, we acknowledge that these powers are broad, but I reassure your Lordships that in our international negotiations on the recognition of professional qualifications, we have always sought to preserve the UK’s autonomy to set its own professional standards and determine who is fit to practise here. It is for this reason that the recognition of professional qualifications chapters of trade agreements often encourage the parties’ autonomous regulators to negotiate mutual regulation agreements without dictating how they should do this.

The Bill also contains several measures to provide support to professionals and regulators. These build on the good practices of many regulators. Clause 7 will maintain the legislative underpinning for an assistance centre, which provides advice to professionals interested in working in the UK or overseas. Clause 8 will require regulators to publish details about entry and practice requirements for their professions. Many regulators already do this, but we want this to be comprehensive to make information about careers more accessible.

Clause 9 will give a legislative underpinning to sharing information between regulators operating in different parts of the UK. Such information is often shared on a voluntary basis, and this can help inform regulatory action—for example, if there is evidence of malpractice. Clause 10 proposes that UK regulators be required to provide certain information to overseas regulators about UK professionals at the request of the individual. This would enable those overseas regulators to decide on UK professionals’ entitlement to practise.

Finally, in Clause 11, the Bill will introduce a new system for recognising all architects who qualified overseas. This profession is addressed specifically in the Bill because this is an area where we need primary legislation to move away from bespoke EU-derived obligations as soon as possible. This will expedite new international entrants to the Architects Register in the UK while requiring them to demonstrate an understanding of the specific UK landscape. Our proposals will make sure that UK demands can be met by architects from all around the world and improve the Architects Registration Board’s administrative processes.

To conclude, this Bill removes outdated legislation from the UK’s days in the EU. It replaces it with a new framework that upholds the great strength of the UK’s professionalism while protecting regulators’ autonomy. It makes sure that regulators can put in place the arrangements we need to recognise professionals from all over the world. It empowers regulators to secure arrangements that promote our world-leading services exports. I am sure that it will form the basis of a great partnership between government, regulators and professionals. I commend it to the House, and I beg to move.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank all noble Lords who have spoken in this debate for their excellent contributions. In particular, I welcome the noble Baroness, Lady Blake, to the Front Bench. She spoke both eloquently and convincingly, and I look forward to working closely with her as this Bill progresses through its parliamentary stages.

We have heard a great deal today about the professionalism of our regulated professionals and the expertise of our regulators that exist in this country. I strongly agree with and endorse all these points.

The extensive experience on display in this House will be invaluable in helping us put in place arrangements that meet the needs of professions. I was pleased to hear support for the broad objectives of the Bill from a number of noble Lords, including my noble friends Lady Fraser of Craigmaddie and Lady Verma, and the noble Lord, Lord Bilimoria. I also very much welcomed the support in principle of the noble Baroness, Lady Hayter.

Noble Lords have raised many detailed points and questions. Almost without exception, these points have been erudite and excellent. I will deal with some of them now, but many will be best dealt with in Committee. I will write to noble Lords who have raised specific points of fact and other matters in the debate.

Before I turn to the points made by noble Lords, to give some context to my responses I will briefly return to the Bill’s objective. Let us remember that the purpose of the Bill is to revoke the EU-derived system for the recognition of overseas professional qualifications in the UK. The Bill will replace this system with a new framework that is global in outlook and tailored to our needs. The Bill will allow action to be taken in the public interest if it is judged that a shortage of professionals has arisen in a profession, but that action in no way restricts regulators’ ability to take decisions about individual applicants; it merely requires them to set up a route through which people can seek entry to a profession.

As the Government pursue their global Britain ambitions, we know that recognition of professional qualifications is a key facilitator of services trade, so the Bill will make sure that regulators can have the tools they need to strike recognition agreements with their international counterparts. It will allow the Government to implement those parts of trade deals concerned with professional qualifications. We have heard today that some regulators have these tools now, but some do not. Of course, if regulators have these tools they will not need to make use of the powers under the Bill. The Bill allows us to take action where necessary, while fully respecting the excellence of our professions and the autonomy of regulators to determine who can practise in the UK. Nothing that the Government do will in any way seek to undermine this.

As I have said, this has been a broad debate and I will strive to respond to as many points as I can. As always, my door is open and I am happy to follow up any individual points of particular concern in meetings.

I will begin with the questions asked by the noble Baroness, Lady Blake. I welcome her acknowledgement of the benefit that the recognition of professional qualifications can provide, including to public services. I of course share her gratitude, as I am sure the whole House does, for NHS key workers, many of whom gained their skills and qualifications overseas.

I was very pleased to hear the noble Baroness and many noble Peers, including my noble friend Lady Noakes, raise the important issue of regulator independence. This is a point where I believe we share some common ground. I must underline again the point that this new framework will fully respect regulators’ autonomy as to who practises in the UK. Why is that? It is quite simply because the regulators are the experts in their respective fields and they ensure that high professional standards are maintained. Regulators must continue to have the ability to act in the public interest, including in the best interests of their professions and the consumers of professional services.

This respect for regulator autonomy has been upheld in our approach to trade deals; I have some experience of this from my role in the Department for International Trade. None of the trade deals or recognition agreements that we have made so far or which we are negotiating will force our regulators to compromise their world- leading standards or to accept professionals who do not meet them. It would be the height of foolishness for the Government to seek to do that. In many cases these agreements merely establish application routes. And of course, in setting our negotiating parameters, we consult widely, including with the regulators themselves.

I remind noble Lords that the provisions of treaties implemented under the Bill would of course have already undergone parliamentary scrutiny, either through our committees or on the Floor of the House, as outlined in the Constitutional Reform and Governance Act 2010. I hope that all noble Lords will recognise the commitments that I have made from this Dispatch Box in the past about the importance of transparency and proper scrutiny of free trade agreements.

Where regulations made under Clause 3 amend primary legislation or retained direct principal EU law, they will be subject to the affirmative procedure. That will give us another opportunity to debate these important matters and will ensure that there is parliamentary scrutiny every time significant legislative change is made.

The noble Baroness’s second question was about delegated powers—an area which the noble Baroness, Lady Meacher, a member of the Delegated Powers and Regulatory Reform Committee, also spoke to. We have carefully considered the powers in the Bill and we believe that they are necessary and justified, given the complex regulatory landscape. We look forward to receiving the report from the DPRRC, and we will of course respond to any recommendations that it makes in a timely manner.

As many speakers have acknowledged, the subject matter of the Bill interacts with many different legislative frameworks specific to different professions and regulators. If the Government or the devolved Administrations were to add or remove duties on a particular regulator or give it further powers in pursuit of the Bill’s objectives, the changes would need to be woven into the existing legislation for that profession. I hope that noble Lords recognise that it would be unfeasible to specify detailed amendments to a potentially very large number of pieces of legislation on the face of the Bill.

Critically, we cannot anticipate what amendments might be required. We do not know now exactly what professional shortages may arise in future, nor do we know exactly the terms of future trade agreements. This Bill must be a framework with powers if it is to work. Although we do not plan to bring forward draft statutory instruments ahead of Report, I can reassure noble Lords that we will engage with interested parties in the event that we need to use the powers, and we would welcome the scrutiny that those parties will give. Indeed, as I said, Clause 15 provides that substantive regulations under the Bill that modify primary legislation will be subject to the affirmative resolution procedure.

The third question posed by the noble Baroness, Lady Blake, related to our commitment to the skills agenda. A number of speakers, including the noble Baronesses, Lady Hayter and Lady Garden of Frognal, and my noble friend Lady Noakes, acknowledged the need to support access to good-quality jobs in professions and to career progression. Of course, I support that. Although the lifetime skills guarantee is beyond the scope of the Bill, in January this year the Government published a White Paper that sets out how we will reform further education so it supports people to get the skills that our economy needs throughout their lives, wherever they live. I will of course be happy to write to noble Lords about the Government’s plans if that would be of assistance.

I opened this speech by highlighting the breadth of regulated professions in the UK. Some Peers have raised issues about specific professions, including chartered accountants, physiotherapists, ski instructors and vets. Although I cannot respond on each of these in turn, I can confirm that the letter that I sent to my noble friend Lady Noakes, which has been of extreme interest to a number of Peers, was copied to the House Library and is on public record there, and that it lists the professions and regulators to which the Bill applies.

It is important that I return to the impact of the Bill on medical regulators. A number of noble Lords, including the noble Lords, Lord Hunt of Kings Heath and Lord Patel, and my noble friend Lord Ribeiro raised concerns about the Bill’s impact on the work of the General Medical Council. I reassure your Lordships’ House that this is absolutely not our intent. As I said when I opened this debate, that is why the Government plan to table an amendment to Clause 1 in Committee. My officials have been in regular contact with the GMC in relation to this. I fully recognise the importance of ensuring that these regulators can operate in a way that upholds patient safety.

I turn now to other issues that noble Lords have raised on the Bill’s provisions and how they will work. I thank the noble Lord, Lord Purvis of Tweed, for his interrogation of the impact assessment, having read it so carefully. The Bill primarily enables other legislation to be made. It does not by itself introduce significant financial implications through most of its provisions. For the majority of the Bill’s provisions, costs arise only if and when enacted by regulations. Where there could be more immediate costs, such as from the transparency measures, they are modest as they are already provided for by many regulators.

Noble Lords have shown considerable interest in how the framework for the recognition of professional qualifications and experience gained overseas would operate. In particular, the noble Baroness, Lady Watkins of Tavistock, asked about the assessment process that regulators will use. Under the Bill, it is for the regulator to assess and determine whether qualifications and experience gained overseas are recognised. I am happy to repeat that no regulator will be forced to recognise a qualification. The Bill simply allows an appropriate national authority, in the case of shortages, to require a regulator to have a route in place to determine whether to recognise. Of course, any other specified condition that the regulator sets as part of its normal regulatory processes would also need to be met before access to a profession may be granted by the regulator. The Bill does not provide a short cut or a short circuit to becoming a professional in the UK. The technical amendment that the Government will make in relation to the matters raised by the GMC will make this clear, and I hope it will reassure noble Lords once they have had a chance to see it and consider it.

My noble friend Lord Moylan raised concerns that the imposition of a condition could give rise to trade barriers. Generally, we consider that it is for regulators, acting within their own autonomy, to enter into recognition agreements with overseas regulators. However, as I have said, in cases where the Government or a devolved Administration determine that there is a shortage of professionals in a regulated profession, that could be addressed by requiring the regulator to have this route in place for recognising overseas qualified professionals. They can do so. In defining what is a shortage in a profession, a range of factors would need to be carefully considered by the Government and the devolved Administrations. Of course, they would consult relevant parties before introducing this requirement.

A number of noble Lords, including my noble friend Lady McIntosh and the noble and learned Lord, Lord Hope of Craighead, raised the issue of consulting prior to introducing regulations under Clause 1 and elsewhere in the Bill. I absolutely anticipate that determining whether professions meet this condition would require extensive close working with a range of interested parties before introducing regulations. This will ensure that professions are rightly identified and that the introduction of regulation would assist in the alleviation of any shortages. The regulations made would complement regulators’ existing practices.

A number of noble Lords, including the noble Baroness, Lady Noakes, and the noble Lord, Lord Ribeiro, asked about the functions of the assistance centre. The assistance centre is an existing, public-facing inquiry service that provides advice and assistance to UK and overseas professionals on their professional qualifications. There is nothing mysterious about it: it does not tell regulators what to do; it just provides advice on demand for individuals seeking information about professions. It supports professionals with overseas qualifications intending to work in the UK, and UK- qualified professionals seeking to practise overseas. The objective of the service provided by the assistance centre is, and always has been, to complement and support regulators, and of course not to replace them. I am sure that this assistance centre works in conjunction with the devolved Administrations, but I will specifically seek to confirm that after this debate.

Many noble Lords spoke about the importance of respecting the devolution settlements for Scotland, Wales and Northern Ireland. My officials have had extensive discussions with the devolved Administrations, and I have met a number of my counterparts. The devolved Administrations rightly want to ensure that they can continue to regulate in areas of devolved competence and that their regulators maintain their autonomy. As I have said many times, the Government are committed to this. The Bill will apply to the entirety of the UK and it allows the devolved Administrations to make regulations within their devolved competences. The Bill contains concurrent powers, because some professions are regulated on a UK-wide or GB-wide basis despite being within devolved competences. I am sure we can discuss this further in Committee. These powers—all the powers in the Bill—are compatible with the devolution settlements.

Many noble Lords, including the noble Lords, Lord Purvis of Tweed and Lord Bilimoria, highlighted the importance of the mutual recognition of professional qualifications to international trade. Agreements on qualification recognition make it easier for professionals to practise between countries, supporting service exports and imports. Many noble Lords, including my noble friend Lord Moynihan, talked about the difficulties being experienced by some UK professionals seeking to deliver services in the EU after the end of the transition period.

I remind noble Lords that the UK proposed ambitious arrangements on professional qualification recognition during negotiations of the UK trade and co-operation agreement but, regrettably, the EU did not choose to engage with them. We took the horse to water but it refused to drink. Instead, UK regulators will now have to form profession-specific recognition agreements with their counterparts in EU member states, either bilaterally or across the whole bloc. I completely appreciate that this will take time and effort, but this is why the Government stand ready to help. We have already created a team in the business department to provide expert advice to regulators and help them pursue their recognition agreements, as will our posts overseas. The team has already published technical guidance to help regulators do this.

It is right that, having left the EU, we have to think bigger. To deliver our global Britain ambitions, this Government are pursuing a number of ambitious trade agreements with countries around the world, including the US, Australia and New Zealand. This Bill will help us make ambitious offers on the recognition of professional qualifications, should we choose to do so. Moreover, it allows us to empower regulators to go after their own recognition agreements if they do not have the powers already. In pursuing these agreements, as I have said before, we respect regulators’ autonomy.

In coming to an end, let me turn finally to the questions from the noble Lords, Lord Hunt and Lord Moylan, and the noble Baronesses, Lady Bennett of Manor Castle and Lady Verma, about how the Bill relates to the UK’s immigration system. I can assure noble Lords that the Bill is quite separate in law. It is specific to the recognition of professional qualifications and experience gained overseas. The recognition of a professional qualification does not mean that an individual meets the UK immigration requirements; it confers no rights to work. If an individual needs to secure a visa to practise a profession in the UK, that condition will still need to be met through the immigration system.

In conclusion, I thank all noble Lords who have taken part in this debate today. We have heard many valuable contributions, which, as I said at the beginning, is a testament to the experience in this House and the importance of professions to much of society. I look forward to the further stages of this Bill and to maintaining the excellence of our professions in all four parts of the UK, as they do business around the world. That is why we need this Bill.

Bill read a second time and committed to a Committee of the Whole House.

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, I slightly have the feeling that the back of an envelope was used for the drafting of the Bill. I could be quite wrong, but it has that feel about it.

I actually really welcome the “purpose” framing of the Bill—and here, unusually on this Bill, I disagree with the noble Baroness, Lady Noakes—because I think that such framing is extraordinarily useful when one later comes either to court cases, which have in the past occasionally been involved in determining what the purpose of a Bill was or what it meant, or to looking at statutory instruments. I like the idea of setting out what a Bill is for and what it is trying to achieve. Therefore, I welcome Amendment 1, although I have a question about one part of it.

What seems to me really important about Amendment 1 is the second part:

“Nothing in this Act affects the independent process of defining the accreditation processes of the regulators.”


As the noble Lord, Lord Purvis, said, this statement is of great importance. It clearly underlines many of the concerns raised with us—and, I am sure, with others around the House—by regulators, that somehow the Government will tell them how or when to accept the qualifications or experience gained under other jurisdictions so as to allow an individual to practice here. Indeed, this concern is reflected in Amendment 12, spoken to by the noble Lord, Lord Palmer, which emphasises that regulators should be able to rule on whether someone meets their standards.

As I said at Second Reading, regulation is all about protecting the public and the consumer or user interest. It is why we restrict when someone can call themselves a lawyer or a doctor. The comfort that gives to a client or a patient is obvious: it is shorthand for saying that someone has trained them up, someone has tested them, and someone knows they are fit to practice. For consumers, that is a really important purpose of regulation. It is why we have set up, in law, independent regulators to be able to decide whether somebody meets the recognised standards. They do of course do more than that—they look at CPD, at discipline and at various other issues—but for the purpose of this, it is about setting a standard and ensuring that someone can meet that standard before they practice, to protect users of the service. That part of Amendment 1 is really important.

What I am querying is the other bit, which says that the purpose of the Act—and as I said, I like the idea of a purpose of an Act—is to

“give regulators the necessary powers to ensure demand for professions can be met in the United Kingdom.”

Of course, that does not describe the Bill as it is at the moment; that is only one arm of the Bill. Indeed, the regulators who have been in touch with us say about the part I have just quoted that they can do it anyway, and ask why we are passing a Bill to give them powers that they already have. None of the regulators has been clamouring for these powers. Nobody, while we were in the EU, came to us and said, “Look, outside the EU we would love to have lawyers, doctors, vets”—I forget who is on the long list now—“from another country, but we are not able, because of our statutes, to have a process to take them in”. So this has got nothing to do with leaving the EU; either they had those powers before and they were not used, or they did not have them before and never felt the need of them. Nobody is asking for these powers. It is quite extraordinary that the back-of-an-envelope drafting managed to drop that bit in. Basically, that is what the regulators have been telling us.

We have also had the noble Lord, Lord Trees, telling us, from the veterinary surgeons’ point of view, that they have been able to do this. The noble Baroness, Lady Finlay, knows that the GMC has been able to recognise doctors’ qualifications and experience from around the world. None of the regulators needs this, so it is very hard to understand why it is being dropped in.

Of course, partly it is being dropped in because the purpose of the Bill is not simply to look at where there may not be sufficient professionals here. The Government say that they want to do trade deals, and, as part of those, want to be able to sell—or is it offer or swap?—the rights of professionals from other jurisdictions to come here. Actually, I think that that is what the Bill is about. Perhaps the noble Lord, Lord Fox, deliberately did not put it in the purpose of the Bill as he knows we are coming later to try to delete Clause 3 because we have our doubts about it.

It seems to me that we need to be clear whether we need the first bit. I will ask the Minister later—I have given him notice—which of the 160 regulators in the letter to the noble Baroness, Lady Noakes, do not already have the powers. If there are three of them, are we really passing a Bill for three regulators that cannot do it and probably do not want to do it anyway? I think that broad question needs to be asked. We will come on to that.

There is a big issue around whether the Government should be asking a regulator to do something it does not want to do. If a regulator wants to put in a process for recognising qualifications from another country, it has probably already done so anyway. We are therefore looking only at situations where it does not want to do it, and the Government are saying, “Nevertheless, we want you to”. We are going to come back to ask whether it is right that that should happen.

Going back to the second part of Amendment 1, the Minister has said in a letter to me—and to others too, I am sure; I do not think I get special words from him—that he

“fully recognises that the autonomy of regulators in assessing standards is key to protecting consumers and public safety and … in all negotiations a key concern for the government is ensuring the autonomy of UK regulators and protecting UK standards”.

If he is willing to put that in a letter to me, I see no reason why he should not put it in the Bill, so I hope he will at least accept the second part of Amendment 1.

Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lords, Lord Fox, Lord Purvis of Tweed and Lord Palmer of Childs Hill, for their proposed Amendments 1 and 12. These amendments would enshrine a purpose for the Bill and seek to avoid unreasonable burdens on regulators. I think we all recognise that, although this is a short Bill, it is a very complex one, as any Bill dealing with a landscape composed of more than 50 regulators and more than 160 professions was bound to be.

Many of the points raised in the debate, which I listened to very carefully, relate to the detail of subsequent clauses. So I propose, and I hope this is acceptable, to deal with these points later, in the order in which they come up in the Bill, rather than attempt to deal with all the points now. I have to say that I am very optimistic that, when I come to these points later, I will be able to deal with and assuage the anxieties expressed by noble Lords.

Coming back to the amendments in this group, I start with Amendment 1, tabled by the noble Lords, Lord Fox and Lord Purvis of Tweed. I accept that the noble Lord, Lord Fox, was trying to be helpful, as he always is, in tabling his amendment. The proposed new clause contains two provisions, and I will take them in turn.

First, the amendment states that

“The purpose of this Act is to give regulators the necessary powers to ensure demand for professions can be met in the United Kingdom”.


I am in firm agreement with the noble Lords’ intent. Indeed, one of the core purposes of the Bill is to give regulators the powers they need to enable demand for the services of professions in the UK, or part of it, to be met without unreasonable cost or delay. In essence, that is the purpose of Clauses 1 and 2. It is unnecessary to state one of the core purposes of the Bill separately, as it is already contained in Clause 2.

The Bill’s objectives, however—I think that this is clear to all of us—are wider than the purpose expressed in this proposed new clause alone. Do the noble Lords intend to limit the Bill only to responding to demand for services? That would be an opportunity missed. I will outline other important objectives of the Bill. It gives UK government Ministers and devolved Administrations powers to implement the professional qualification provisions of international agreements, and to empower regulators to enter into their own recognition agreements. These support the UK’s trade agenda. Having these powers has the knock-on benefit of helping to address demand for professions. Taken alone, however, these clauses are about international agreements and not demand for professions.

The Bill also has an important objective in relation to targeted steps for good regulatory practice. The clauses on transparency and information-sharing will support regulators in operating efficiently and individuals in entering professions. They are not necessarily about the demand for professions. I hope that the noble Lords recognise that these are also worthy purposes of the Bill.

The second provision in the proposed new clause outlines that nothing in the Bill affects the independent process of defining the accreditation process of regulators. As we all know, that process is important in maintaining professional standards in the UK. Once again, I find myself in firm agreement with the noble Lords’ intent. The Government are committed to upholding the autonomy of our regulators.

The noble and learned Lord, Lord Thomas of Cwmgiedd, spoke with great knowledge of this in the context of the legal profession, and I completely agree with his views about the need for the independence of the profession to be maintained. Let me say at the outset—I am sure that this is common ground across the Committee—that our regulators are the experts in their fields. They make sure that high professional standards are maintained. The core of the Bill supports the autonomy of regulators and their freedom to determine whether an individual with overseas professional qualifications is fit to practise in the UK.

Furthermore, and importantly, I am pleased to say that the regulators I have spoken to—I have spoken to a great number of them—agree that the Government are not interfering with their independence in the Bill. I add that I agree with my noble friend Lady Noakes about purpose clauses, especially when, as in the Bill, they serve no useful purpose. I am not therefore convinced of the need to set out the importance of the independence of regulators’ processes in an additional clause in the Bill, when the autonomy is manifest already. That autonomy, I beg to suggest, runs like a golden thread throughout the whole Bill.

I know we will come back to delegated powers when we debate individual clauses, but I appreciate the point raised by noble Lords that, with many powers contained in the Bill, a statement enshrining the purpose of the Bill would offer reassurance. I repeat, however, that those principles are delivered through the substance of the Bill, and I will offer arguments on the necessity of the powers later in the debate. I hope that they will assuage the fears of the noble Lords, Lord Hunt of Kings Heath and Lord Purvis of Tweed, and others.

--- Later in debate ---
Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, not having participated in this group, I am prompted by the remarks of the noble Lord, Lord Purvis of Tweed, on the regulation of healthcare professionals, to which I do not think my noble friend responded. I have here the Law Commission report of April 2014—my noble friend will be aware of it—on the issues referred to by the noble Lord, which included the recommendation that Section 60 of the Health Act 1999, and indeed the powers of the Privy Council, should be substantially removed from the regulation of healthcare professions. What is the Government’s intention on the regulation of healthcare professionals? Do they intend to implement the Law Commission report seven years later, or do they now intend to proceed without any reference to it?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, if I may, because it is a point of some detail, I will write to my noble friend and place a copy of my letter in the Library.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
- Hansard - - - Excerpts

I say to the Minister respectfully: he did not assuage my fears, because he did not address them. Can he reassure me now, from the Dispatch Box, that none of the Henry VIII powers in the Bill will be used to impact the accountability of the medical professions vis-à-vis the Privy Council, or—whether in response to demand or otherwise—to impact any of the powers or the relationship between the professional standards authority and any of the regulators that it has responsibility for?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I did not believe that my comments on this group would assuage the noble Lord’s fears, but I am sure that as we progress through the Bill my comments on this matter in later clauses will do so.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

My Lords, this has already been a more interesting debate than I had anticipated. The response of the noble Baroness, Lady Noakes, on the subject of such clauses was not unexpected, but I emphasise that—as the noble and learned Lord, Lord Thomas, noted—this is a twin-track approach.

We would like at the end of this to have a Bill such that, in the Minister’s words, we all exit the Chamber assuaged. In the event that we do not, however, something along these lines is needed as a safeguard. I am not parti pris about the wording on this—I will take full advantage of the wisdom of others in the Committee, not least that of the Minister himself, if his department chose to engage to offer reassurance. He admits that such a clause would offer reassurance, and then says that the Government do not want to offer reassurance. The opposite of reassurance is something that I would not have thought the Government wanted to be spreading around, but clearly I am wrong.

On the chances of our being assuaged, there are two clear problems. First, while there has been some engagement with the medical profession, we have already had accountants, dentists and lawyers paraded as professions that have issues. I suspect that if there were experts in your Lordships’ House on many of the other professions, they too would express problems. So, while there has been consultation, it seems to me that more of that could be done.

That takes us to the other point, which is the back-of-the-envelope comment that the noble Baroness, Lady Hayter, made. I knew what my noble friend Lord Purvis was going to say, and I was still shocked when I heard him say it. There has been no reference by Her Majesty’s Government to this parallel exercise, and there would have been no reference to it had the diligence of my noble colleague not come to bear. It seems unthinkable that Her Majesty’s Government would bring a Bill such as this—a complex Bill, in the words of the Minister—without acknowledging a parallel exercise that is going on. The Minister does not seem to be prepared to answer the direct questions, but perhaps he could tell your Lordships’ House if Her Majesty’s Government are aware of any other parallel exercises going on in other departments at the moment. It would be helpful if they were all brought to light at this point rather than surfacing later.

It seems that assuaging us is going to take an awful lot of application from the Front Bench opposite. That said, we will wait and see how the debate goes today and on other days. On that basis, I beg leave to withdraw Amendment 1.

--- Later in debate ---
Moved by
2: Clause 1, page 1, line 4, after “or (3)” insert “and any other specified condition”
Member’s explanatory statement
This amendment would enable regulations to specify additional conditions that must be met by an individual in order to be treated as if they have a specified UK qualification or specified UK experience.
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I rise to move Amendment 2 and to speak to Amendments 3, 6 and 10 in this group.

I have set out the need for a framework for the recognition of individuals with overseas qualifications and experience that focuses on addressing unmet demand for professional services in the UK. Clause 1 brings in an important part of that framework. It means that regulations can be made which require regulators to have a route in place to determine whether to recognise overseas-qualified professionals from around the world. Where such regulations are made under this clause as amended, they would require a regulator to make a determination as to whether an individual has substantially the same knowledge and skills to substantially the same standard as the UK qualification or experience. These regulations would not and cannot alter the standards required to practise professions in the UK, and UK regulators would still decide who can practise here. Regulations would be made by an appropriate national authority, meaning the Secretary of State, the Lord Chancellor, or the devolved Administrations where within devolved competence. I reassure noble Lords that, where Clause 1 is not exercised—it can be exercised only when particular conditions are met—regulators will be free to continue recognising qualifications from overseas in line with their existing powers and any reciprocal agreements in place.

On Second Reading, several noble Lords spoke to the concerns of healthcare regulators. They highlighted that Clause 1, as it appears in the Bill, could limit the ability of regulators to assess knowledge and skills as they see fit. I committed at Second Reading to table an amendment to Clause 1 to ensure that regulators can assess knowledge and skills as they consider most appropriate. I assure noble Lords that the Government take the views of regulators very seriously. This brings me to the detail of Amendments 2, 3, 6 and 10 in my name.

First, the amendments recognise that, where Clause 1 regulations are used in relation to a given profession, additional criteria may need to be satisfied before an individual may become eligible to practise—for example, criminal record checks to ensure public protection. As raised by a number of noble Lords at Second Reading, this could also be used to ensure overseas-qualified professionals have suitable levels of English language proficiency in appropriate cases—something that, where appropriate, could also be addressed as a compensatory measure under Clause 1(3)(b)(ii). The amendment to Clause 1(1) and the addition of new subsection (3A) would allow these additional regulatory criteria to be specified in regulations made under Clause 1. These criteria would need to be met before an individual with an overseas qualification or experience is treated as having a UK qualification or experience.

Secondly, there are of course a variety of ways that regulators may wish to assess the knowledge and skills of an overseas-qualified applicant. These might include an assessment of their qualifications or a test of competence. The amendments to subsections (2) and (3) of Clause 1 and the addition of new subsection (3A) provide reassurance that, when the power in Clause 1 is used, regulators can assess an applicant’s knowledge and skills in whatever way they consider appropriate. I hope, in my first step in assuaging the concerns of noble Lords, that that is the start of the practice.

I have been clear since introducing the Bill that we must protect regulators’ autonomy. This includes autonomy over decisions about who practises a profession and flexibility in assessment practices, in line with regulators’ own rigorous standards. The methods used to determine whether a professional qualified overseas is similarly qualified to work in the UK should rightly be identified and implemented by regulators. Through these amendments, the Government want to ensure that regulators can use a full range of approaches to make this determination. This could include making judgments only on the basis of qualifications or experience, or on such other bases as a regulator considers appropriate.

I have discussed my amendments with the General Medical Council and Nursing and Midwifery Council, who raised this issue directly with me. I am pleased to say that, in a very good discussion we had yesterday, both the GMC and the NMC welcomed these amendments to the Bill.

At this juncture, it is right to address a point I have discussed with several noble Lords and which touches on the point of the noble Lord, Lord Purvis, about the interaction of the Bill with other matters—in particular, the interaction between this Bill and the Department of Health and Social Care’s consultation on regulating healthcare professionals, which also touches on international recognition of professionals. I reassure noble Lords that there is no reason whatsoever why any proposals resulting from the ongoing consultation and requiring legislative changes could not be implemented through legislation led by the Secretary of State for Health and Social Care and his Ministers. I have no doubt that that legislation would be the appropriate vehicle for upgrades to UK healthcare regulators’ legislative frameworks. This is my second point of assuagement.

To conclude on this point, I hope that noble Lords will agree that the amendments address the challenges raised at Second Reading. The amendments will ensure that flexibility and autonomy for regulators is preserved in the event that the power in Clause 1 is used. I beg to move Amendment 2.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank all noble Lords who have given their careful consideration to the amendments in this group. It was an unusual experience for me standing at the Dispatch Box almost to feel a warm glow as noble Lords welcomed my amendments. The lesson that I learn from that is that the quicker one can amend one’s own Bills, the better, probably, in your Lordships’ House.

As noble Lords will appreciate, the Government have not brought these amendments lightly. As we have heard, they have been informed rightly and properly by careful engagement with healthcare regulators. I thank a number of noble Lords; perhaps I can single out the noble Baroness, Lady Garden of Frognal, for her support and the noble Lord, Lord Fox, for his comments. Without reservation, of course, my door is open to other regulators who wish to speak to me as this Bill continues its passage.

We heard again from the noble Lord, Lord Fox, on his point about consultation with the HSC. I think that group 7, which is about consultation, will be a good place to return to that and I will try to address in detail the points the noble Lords, Lord Fox and Lord Purvis, have made.

My noble friend Lady McIntosh referred back to what, in her view, was clearly the golden age of mutual recognition with the European Union. As I said previously, we would have liked to have maintained that mutual recognition. The phrase I used at Second Reading was:

“We took the horse to water but it refused to drink.”—[Official Report, 25/5/21; col. 975.]


I hope that noble Lords will support my amendments. I believe that they protect the public interest, maintain standards and ensure that regulators have the necessary flexibility and autonomy to regulate appropriately. I thank the noble Lord, Lord Patel, for his comments, echoed by the noble Baroness, Lady Hayter, and I am happy to give a complete reassurance standing at the Dispatch Box on the important points that were made.

In relation to the points made by the noble Baroness, Lady Finlay of Llandaff, about the use of the word “substantially”, we have a later group which is almost entirely devoted to discussing that word. If I may, I will leave comments on that until we get there and, again, I hope to assuage noble Lords’ fears when we reach that point.

On what happens if other regulators pop up in this field, the way the Bill is drafted and, frankly, one of the reasons why we have not included a list of professions—I am sure we will come back to that later as well—is because it is a moving target. Of course, any new profession that ends up being regulated by law will automatically fall within the purview of the Bill by being so regulated, and if it falls within the purview of the Bill, the standards of the Bill and the methods that we have been discussing today in relation to my amendments will also apply to those new professions.

I come to Amendment 11 in the name my noble friend Lord Lansley, who made some interesting points during the discussion which were reinforced by my noble friend Lady Noakes. I always admire my noble friend Lord Lansley’s forensic attention to the detail of the legislation before our House. I think all Front-Bench spokesmen from this side always listen carefully to the points that he makes. I will look at this again, but I hope that he appreciates that the wording of Amendment 10 is intended to provide more flexibility about how regulators make their determination. We believe that they need this flexibility and will find it helpful.

Some regulators—and this is, of course, completely a decision for the regulators—may consider it appropriate to look solely at what is demonstrated by a qualification obtained overseas, others may require an applicant to pass a separate test of knowledge and skills, while others may choose to combine the two. Regulators should have this broad discretion available to them. I believe, and I am advised, that the proposed removal of the word “only” from Amendment 10 could cast doubt on whether the first of those options is available. I will have another look at this to make sure that that is the right reading. Meanwhile, I ask my noble friend not to move his amendment.

I commend Amendments 3, 6 and 10 to the Committee and beg to move Amendment 2.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
- Hansard - - - Excerpts

I call the noble Lord, Lansley, and then I shall call the noble Lord, Lord Purvis, who has requested to speak after the Minister.

Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, I am grateful to all noble Lords who have kindly approved of the argument made in Amendment 11 and to my noble friend for saying that he and colleagues will look at it again. I think that what they suggest is not the case. As it stands, Amendment 10 allows regulators to make a determination based on overseas qualifications and experience alone, but it runs the risk, which is a different risk, of preventing them combining that with other factors and assessments and bringing them together in the determination. That is the point. The removal of the word “only” would not, in my view, prevent a regulator making a determination based solely on overseas qualifications and experience.

I am grateful to the noble Baroness, Lady Hayter. If the Minister is willing not to move Amendment 10 today and to look at it again and bring it back on Report, I think that would be the best way to proceed. I think we all know what we want to achieve, which is to give the regulators flexibility. It is purely a drafting issue, and I am sure we will not need to be detained at length on Report if the draftsman, is, in the event, clear that the effect is as the Minister wishes it to be. He has not moved Amendment 10 yet, and I hope he will not move it when we reach it.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I think I have in fact moved Amendment 10. I commended amendments to the House and begged to move.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
- Hansard - - - Excerpts

May I explain to the Minister that we are debating Amendment 2, with which other amendments are grouped? The debate that is taking place currently is on Amendment 2 only.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I am grateful for that clarification. May I consider that point and come back to the House shortly on it?

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
- Hansard - - - Excerpts

If I make a slightly longer intervention than I planned, it might allow the Minister to consult the Whips in order to respond to the noble Lord, Lord Lansley, in a constructive manner. Certainly, these Benches would appreciate it if the Minister was able not to move his amendment at this stage. Like my noble friend Lady Garden, I do not think that there is a large area of difference. I cannot speak for the Cross Benches—I see the noble Baroness, Lady Finlay—I am giving the Whip plenty of time here, I hope.

The Whip should not indicate to my noble friend Lord Fox for me to carry on speaking, because normally that is quite the reverse of what my noble friend asks me to do, which is to shut up. However, that said, I hope that the Minister will reflect on it. If he is able to respond positively with a nod, I will defer my actual comment until later on in the Bill—he is nodding enthusiastically to try to do that.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I apologise for the confusion. I am happy to have another look at Amendment 10 in the light of these comments. I commend Amendments 2, 3 and 6 to the Committee.

Amendment 2 agreed.

Amendment 3

Moved by
3: Clause 1, page 1, line 11, leave out “overseas qualifications or overseas experience demonstrate” and insert “individual has”
Member’s explanatory statement
This amendment alters the determination that must be made by a regulator in order for an individual to meet the condition in subsection (2) of the Clause so that the determination relates to the knowledge and skills of the individual.
--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, the requirement to speak Welsh in Wales is rather important.

I have some sympathy with the Minister. Later, we will get to our proposed new schedule—it is on pages 18 and 19 of the Marshalled List—to specify the regulators, again referring to the letter sent to the noble Baroness, Lady Noakes. The range of regulators covered by the Bill—and if they are covered they should be in the Bill—includes farriers, who may never have gone to university and for whom none of this might apply.

One has to be careful. Part of the problem is that we are trying to write a Bill for an enormous range of professionals. It does not include the Church—the right reverend Prelate will be very pleased—and their qualifications are probably recognised across different jurisdictions, but it includes all sorts of others, such as driving instructors. I used to call their body the DVLC, but I think it is now called the DVSA. It may well be that, in order to be able to instruct people, a driving instructor has to have five years post their own driving licence in one country but six in another. There may well be bits that are substantially the same, but I understand why we would want to include them. We are not just talking about the health service. I see the problems with that, but as a patient I would want the qualifications to be the same if not higher if we are recognising someone here.

Part of the problem is that, in writing what looks like a simple piece of law to cover the Security Industry Authority, the Royal Society of Chemistry and the Highways Agency—presumably the people who check that the roads are safe; I do not know what they do but they are in here—we have ended up with a Bill that tries to ensure that both doctors and farriers, for whatever reason the latter are regulated, are of high quality. I have some sympathy, but nevertheless I see a substantial problem in allowing too much flexibility, which would not be in the interests of patients in particular and maybe of other clients in sensitive areas. I look forward, as they say, to the Minister’s response.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Baroness, Lady Garden of Frognal, for tabling Amendments 4, 5, 7, 8 and 33, which probe the use of the word “substantially” in Clauses 1 and 4, and I thank the noble Baroness, Lady Randerson, for her comments. The point is that, in the end, it is the individual who must be fit to practise, and the assessments that we make must relate to the individual. It is here where the important matter of regulator autonomy comes in, and why it is that the only people who can safely work out what is the appropriate route for a particular profession and the right mix between the individual, the skills and the qualifications seems quite properly to be the regulator. That is the key safeguard that we want to achieve under the Bill.

I turn to the amendments. As we know, Clause 1 is the “Power to provide for individuals to be treated as having UK qualifications”. If amended as the Government suggest, under Clause 1 an individual would be treated as having UK qualifications if the regulator determined that the individual had substantially the same knowledge and skills to substantially the same standard as are demonstrated by the specified UK qualification or experience. The noble Baroness asked some interesting questions about this approach and whether it undermines the freedom of UK regulators. I reassure noble Lords that the issue has been very carefully considered.

If we removed the word “substantially” from Clause 1, that would change the requirement such that individuals would need the same knowledge and skills to the same standard as demonstrated by the specified UK qualification or experience. That suggests an assumption that it is often the case that skills and knowledge gained in one country for a profession exactly match those gained in another country for that profession. It also suggests an assumption that it is often the case that a profession in one country covers exactly the same set of activities as the equivalent profession in another country. Of course, these assumptions are not necessarily valid. So while it might make it easier for UK regulators to decline applications, removing “substantially” would remove regulators’ flexibility in considering how skills and knowledge developed overseas translate into the UK profession.

In the event that regulations were made under Clause 1 as drafted, regulators would have the discretion—and I believe that is where the discretion should sit—to make appropriate judgments about whether overseas skills and experiences meet their expectations to an acceptable degree. That drives us back to the consideration of whether the individual is fit to practise in substantially the same way as a UK individual would. This does not water down expectations and is not a compromise on quality, because if a regulator felt that the quality had not been maintained then they would not want to approve that person. The individual’s knowledge and skills must be substantially the same.

Lastly, including “substantially” does not restrict the freedom of regulators to make determinations of equivalence in ways that they deem fit. We come back to a point that we discuss regularly in this debate: the importance of regulators’ autonomy in deciding exactly the right approach to take.

On the question of English language proficiency, at Second Reading the noble Baroness raised the need in certain professions for demonstrable English language proficiency in order for an individual to deliver professional services to the standards required in the UK, and for regulators to be able to consider this. The Bill allows regulators to take into account language requirements as part of an assessment of knowledge and skills. Alternatively, under Amendments 2 and 10, regulations could provide that passing a language test was an additional condition in itself.

Amendment 33 examines the definition of “corresponding profession” in relation to authorisation that can be given by the appropriate national authority to enable regulators to enter into regulator recognition agreements. The amendment would change the permitted scope of regulator recognition agreements from those with overseas professions whose activities are

“the same as or substantially correspond to”

the UK profession to those with overseas professions that are “the same as or correspond to” the UK profession. As I have explained, there are differences between professions in different countries, and differences between how they are regulated between jurisdictions. Even under the EU’s prescriptive mutual recognition of professional qualifications directive, there were differences in the qualification requirements between different EU member states. The clause as drafted reflects the reality that professions do not exactly align across different countries’ regulatory systems and standards. Some countries do not make the same distinctions as us in how they define professions—for example, England and Wales distinguish between barristers and solicitors, but that is not the case in many other countries.

The amendment would narrow the circumstances in which a recognition agreement could be made, potentially preventing recognition agreements from being made at all if professions did not directly align with one another. The Government believe this would limit the autonomy of regulators to make decisions about how similar professions are in different countries. Regulators should be free to determine for themselves where it is appropriate to enter into regulator recognition agreements with their counterparts overseas.

Many noble Lords have spoken passionately about the need to ensure that regulators can make decisions that are appropriate to their professions. I hope I have explained why the word “substantially” is an important qualifier that allows for more regulatory autonomy in these clauses, and indeed in the other clauses where it is used, and that, on that basis, the noble Baroness is able to withdraw her amendment.

Lord Faulkner of Worcester Portrait The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
- Hansard - - - Excerpts

I call the noble Lord, Lord Fox, who has asked to speak after the Minister.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

I thank the Minister, who has used words to set out why the Government want to put “substantially” in there but in no sense explained it. Again, the Minister stated the importance of regulatory autonomy for the regulators, which of course is why I proposed Amendment 1—to put it at the very beginning of the Bill, rather than in words such as “substantially”, which mean several things to different people, in the body of the legislation. I have one specific question. Can the Minister tell us what the legal judgment is on including “substantially” and opening up regulators to legal challenge? In other words, if the law says “substantially”, who determines that, and is there legal recourse for an individual who has been turned down by a regulator to use that word to make a legal case? If the Minister does not have that legal writing to hand, perhaps he could furnish it before the next day in Committee.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord, Lord Fox, for that point. Much as noble Lords know, I love giving my opinion on everything, but I hope it might be safer if I write to him about that legal point afterwards.

Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
- Hansard - - - Excerpts

I thank everybody who has spoken on this debate, which turned out to be rather more interesting than I was expecting. I can see the two uses of “substantially” and

“the same knowledge and skills”.

Perhaps “the same range of knowledge and skills” would be right, but I cannot understand why “substantially the same standard” is right, because surely we should be looking for “the same standard” throughout. I might amend some of the amendments on this point but I am not assuaged, I am afraid, by the Minister. He also did not really address the important points made by my noble friend Lady Randerson about why higher education institutions and others were not involved.

The noble Baroness, Lady Hayter, mentioned the farriers. I believe the farriers are regulated by a livery company, are they not? I declare my interest with City & Guilds; they are likely to have City & Guilds qualifications rather than degrees in farriering. I could be wrong on that but, from memory, that is what happens. But she is quite right that the range of these professions is extremely wide. Many of them are almost crafts and trades, rather than professions, but perhaps everything is a profession these days.

On that basis, this has been a very important debate and we may need to return to it at the next tranche. And we have another load of the word “substantially” in the next half of the Bill to have fun with. Meanwhile, I beg leave to withdraw this amendment.

--- Later in debate ---
Moved by
6: Clause 1, page 1, line 19, leave out “overseas qualifications or overseas experience fall short of demonstrating” and insert “individual does not have”
Member’s explanatory statement
This amendment alters the determination that must be made by a regulator in order for an individual to meet the condition in subsection (3) of the Clause so that the determination relates to the knowledge and skills of the individual.
--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

I thought he might. I think he can probably expect us to support him in that.

Amendment 49, which is in my name and that of the noble Baroness, Lady Randerson, would specifically allow the common framework approach, which we have been discussing, to trump the use of these powers in instances where the common framework procedure is developing a mutual recognition of professional qualifications framework. As we have heard, in its update covering the fourth quarter of last year, the Cabinet Office reported that discussions on the MRPQ framework had made progress, though the development timelines have had to be extended. As the Government and the devolved Administrations want the MRPQ framework to be completed, we want nothing from this Bill to be done outside of its remit.

The significance of how the devolved authorities are treated in this Bill has ramifications beyond the issue with which we are concerned today, which is the regulation of professional qualifications. I urge the Minister to engage with the relevant Ministers in the devolved Governments and do everything in his power at least to shore up, and hopefully strengthen, devolution rather than undermine it.

The noble and learned Lord, Lord Thomas of Cwmgiedd, said that the Government are chipping away at the devolution settlement; I think that that is what the noble and learned Lord, Lord Hope, was referring to when he talked about collateral damage. Something that happens in this Bill is chipping away at a really important part of the devolution settlement. I must ask the Minister whether he understands that. Does he understand those feelings? If so, does he feel an obligation, for the sake of the union, to amend the Bill to alleviate these concerns? I hope that we will hear a thoughtful and positive response from him on this.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, these amendments have brought about a fulsome and entirely appropriate debate about respecting the devolution settlements for Scotland, Wales and Northern Ireland as the Bill continues its passage through the House.

Let me start by saying, in a direct answer to the noble Baroness, Lady Hayter, that I, too, find her a very nice person, although I must say that I think she has a suspicious mind in relation to this Bill. I assure her and other noble Lords that there is nothing going on about the timing of FTAs which is driving this Bill.

On a point of fact, the Bill was seen by the Administrations of Wales, Scotland and Northern Ireland on 22 April. This was just eight days after I first saw it, so it was not hidden or kept in a drawer away from the DAs until the last possible moment. It was seen by them pretty much as soon as I saw it after it had been prepared.

I assure noble Lords at the outset that the Government fully respect the devolution settlements. Devolved matters should of course be, except in the most exceptional circumstances, for the devolved Administrations to legislate on. The Government have no desire for this Bill to chip away at that in any way. I can confirm that we will seek legislative consent for the Bill in line with the Sewel convention, and we do not in any way intend to use this Bill to chip away at the devolution settlements.

I can confirm for the noble Baroness, Lady Finlay of Llandaff, that it is not part of our trade policy to compromise our standards. We have had many debates about that in this House. Free trade agreements will not compromise our standards or those of regulators. No free trade agreement will have the power to do that.

I thank the noble Lord, Lord Purvis of Tweed, for tabling Amendment 57 concerning the authority by whom regulations may be made and concurrent powers. I suggest that it is entirely fitting that the current definition of “appropriate national authority” in Clause 14 means that Scottish and Welsh Ministers and Northern Ireland departments are the appropriate national authorities and may make regulations, provided, of course, that they fall within the competence of the relevant devolved legislature. In direct answer to the noble and learned Lord, Lord Thomas of Cwmgiedd, let me say that the Government do not intend to disturb this in any way.

The issue is that this is a very complex landscape. As I have said before, it involves 160 professions and 50 regulators. Regulation varies between professions. Some professions are regulated on a UK-wide basis despite being within devolved competence. Some professions are also regulated across Great Britain. So the complexity of the regulatory landscape makes the use of concurrent powers important to the Bill’s operation in a purely practical sense. They are meant to be entirely practical and are not intended to undermine the authority of the devolved Administrations in any way. They make sure that professions that fall within devolved competence could have regulations brought forward across several parts of the UK by the relevant national authority. This will provide those professions with certainty and continuity.

Amendment 49, in the name of the noble Baroness, Lady Hayter of Kentish Town, aims to ensure that Clause 9 does not affect the establishment or operation of a common framework. The noble Baroness, Lady Randerson, also made this point. I am a huge enthusiast for common frameworks to make our systems work as efficiently as possible.

As noble Lords know, the common framework on the regulation of professional qualifications is under development between the UK Government, the Scottish Government, the Welsh Government and the Northern Ireland Executive to ensure a common approach on powers that have returned following our exit from the European Union and which intersect with devolved competence. Although this amendment relates specifically to Clause 9, let me assure noble Lords that we are committed to ensuring that the provisions in this Bill work alongside the common frameworks programme. We absolutely will consider this as we develop the framework further. The Bill does not constrain that.

There was a hiatus in the development of this framework, while work paused during the election period in Wales and Scotland. We are very keen now to resume discussions to seek collective agreement on the timeline for delivery of the framework, including concentration on interactions with this Bill.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I accept the point made by the noble Baroness about the assistance centre. In response to her other points, many things have surprised me since I became a Minister, so I am no longer surprised by them.

I should add that my officials have been in very regular contact about this with officials in the devolved Administrations. I have pulled out the Bill date as a specific one, but of course officials have been working hard on this for some time, right back to the call for evidence that was asked for last year. A lot of consultation has been going on, but again it is the complexity of this Bill that has led to perhaps there still being some rough edges, which I think the debates in our House are helping to iron out.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
- Hansard - - - Excerpts

My Lords, like the noble Baroness, Lady Randerson, I am interested in the revelation that the Minister saw the Bill only eight days before the devolved Administrations, Can the Minister tell us which Minister supervised the drafting of the Bill?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I am the Minister responsible for the Bill and the policy; I am not just the Lords spokesman on the Bill. Of course, the work that goes on before a Bill appears on one’s desk is enormous: instructions to parliamentary counsel, development of the policy and so on. I am the policy Minister in relation to this Bill as well as the Minister who has the pleasure of addressing your Lordships’ House on the matter.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
- Hansard - - - Excerpts

My Lords, I thank the Minister for his response to the points raised by my noble friend and myself about the assistance centre. I thought he might reply along those lines, which is why I have the EU directive with me. The directive has never stipulated that a member state has had to have one centre. I shall quote from recital (33):

“In particular, it does not prevent the designation at national level of several offices, the contact point designated within the aforementioned network being in charge of coordinating with the other offices and informing the citizen, where necessary, of the details of the relevant competent office.”


There has never been a requirement under EU law for there to be a single member state office, but I welcome the fact that the Government recognise that the small, efficient European office that he claims was in place has to be put, as the very first thing the Government are doing, on a statutory basis in the post-Brexit world. I think that it is worth saying to the Minister that there was never that requirement, so I look forward to further debates about why the Government are insisting that there should now be a statutory office as the single point of contact.

My question to the Minister is this: he did not quite give a reassurance about the professions within Scotland that have been excluded from the internal market. However, I heard what he said about the interaction with the internal market Bill. I welcome the fact that he will be writing to me, so perhaps he might add that element about the legal and education professions. Regardless of the reassurance, my reading of the Bill is that it could potentially bring into scope those professions which have been excluded from the internal market Bill.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for his question. As he spoke, I was reminded that I had not fully answered it and I will certainly write to him on it. I hope that he and other noble Lords will agree that having four statutory assistance centres would probably be to overegg the pudding.

Baroness Fookes Portrait The Deputy Chairman of Committees (Baroness Fookes) (Con)
- Hansard - - - Excerpts

I have received a further request to speak from the noble Baroness, Lady Bennett of Manor Castle, so I will call the noble Baroness now.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
- Hansard - - - Excerpts

My Lords, I return to the question that I raised both at Second Reading and in my comments today. As the amendment seeks to address, it would appear that there is the possibility of the Government here in Westminster overruling on this. There are currently no requirements to consult or to interact with the devolved Administrations, but as I say, there is a possibility that the Government could overrule—and that indeed is referred to in the guidance for this legislation. I will ask the Minister again: under what circumstances would he imagine that the Government would overrule a devolved Administration if it objected to arrangements?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Baroness for that point. Frankly, I can conceive of no circumstances in the area of professional regulation and the mutual recognition of professional qualifications where the Government would wish to overrule any devolved Administration.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
- Hansard - - - Excerpts

My Lords, this has been an excellent debate, and I thank all noble Lords who have contributed to it, in particular the noble Lord, Lord Foulkes, and the noble and learned Lord, Lord Hope of Craighead.

I regret to say that I am not completely assuaged by the replies of my noble friend. I will take as an example the wording of Amendment 13, which seeks to ensure that there is

“a formal consultation with the devolved administrations, regulators and the Lord President of the Court of Session.”

I take the point made by the noble and learned Lord, Lord Hope, that I do not expect the Lord President to be involved in every case, but I listened carefully to what he said at Second Reading and that is why this is included.

At Second Reading, the noble and learned Lord, Lord Hope, also highlighted the fact that while consultation with professionals is essential, as I think we would all agree, there is no mention of that either in the Bill or in the Explanatory Notes. I therefore remain discontent and dissatisfied. While in his summing up, my noble friend the Minister said that a lot of consultation had taken place, he did not say what form that consultation would take.

I have a further cause for concern, referring back to what the noble Lord said yesterday. I had hoped to intervene in the debate on the trade deal with Australia, but I was told that it was heavily oversubscribed. He made the point that the Trade and Agriculture Commission will only look at future trade deals literally just before they are to be signed. As we have heard in the debate on this group of amendments—and as the practice seems to have been—any consultation seems to be left to absolutely the last minute. It concerns me greatly that that is not doing justice to the complexity of this. I will look carefully at the Minister’s response before the next stage of proceedings. For the moment, I beg leave to withdraw the amendment.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, before I address the important amendments in this group, may I clarify something in relation to the previous group, about consultations with the officials of the devolved Administrations? I am informed that a working group of officials across all devolved Administrations was set up as long ago as last August. I would not like the House to think that my comments about the timing of when I saw the Bill meant in any way that there had not been massive consultations before that, so I am pleased to have clarified that point.

On the amendments before us, noble Lords have spoken eloquently about engaging with a range of interested parties before making regulations, and said that the Government should continue to consider the impact of the Bill after it comes into force. I agree that these are important considerations. However, with the utmost respect, I believe it is unnecessary to add those specific requirements to the Bill.

Amendments 14, 25, 36 and 38, tabled by the noble Lord, Lord Foulkes of Cumnock, would introduce duties on the appropriate national authority to consult people it deemed appropriate before introducing regulations under Clauses 1, 3, 5 and 6. The Government are absolutely committed to working in partnership with regulators, devolved Administrations and other interested parties when regulations are made under the Bill, and of course, consultations are bound to form part of that.

Amendments 19 and 29, tabled by the noble Baroness, Lady Hayter of Kentish Town, focus on consultation with consumer representatives. Few would disagree that regulators must have the interests of consumers of services—be they customers, patients, or students—at the heart of their approach to regulating professions. That is an incredibly important point. I appreciate the intention of her amendment to Clause 4, but I can reassure the noble Baroness that any recognition agreement would still have to meet the regulator’s existing standards and duties around public protection—that would not be diluted in any way. Regulators rightly guard their autonomy to decide who is fit to practise a profession, to ensure that only the best candidates can do so. So I think we can expect that regulators will continue to ensure high standards to protect consumers.

Amendments 52, 53, 54 and 55 require the Government to report to Parliament on the impact of the Bill in a range of areas. The noble Lord, Lord Fox, proposes two reports. The first would be on the costs to regulators and applicants. Many regulators already operate in line with the framework set out in the Bill. Therefore, we believe that the anticipated costs to regulators and applicants will be modest. The second report would be on innovation. Innovation is an important feature in the Government’s wider ambitions, and I have carefully noted the sensible points made by the noble Lords, Lord Fox and Lord Patel, about this. However, because the Bill is not about immigration, I am not entirely sure about its relevance to the recognition of professional qualifications. However, I will of course consider it carefully.

We should note that a primary objective of the Bill is to allow an appropriate national authority to take action to help enable a profession to meet demand by ensuring that there is a route to recognition for individuals with overseas qualifications and experience. This should help to attract the talent needed from around the world to provide services in the UK—and, on a reciprocal basis, allow our professionals, who provide such a valuable export service to the UK, to practise overseas. I have no doubt that an indirect result of this would be to add to the pool of skills and experience in a profession, which in itself may help to drive forward innovation. However, the primary purpose of the Bill is to help enable service provision.

The noble Lord, Lord Palmer of Childs Hill, made a very good point on the impact on SMEs. Through my work chairing the Professional and Business Services Council and my regular engagement with this sector, I am well aware of the importance of professional qualifications for services exports.

The noble Baroness, Lady Bennett of Manor Castle, tabled an amendment that proposes a report to consider the Bill’s impact on skills shortages, how the Bill relates to immigration, overseas development and skills training, and skills demand in the health professions. Of course, these are all very important points, but I humbly suggest that this would speak to several policy areas beyond the Bill. The Government’s skills strategy, visas and immigration, international development, and how demand for skills is being met in health and social care are, I would say, outside the scope of this Bill. Publishing reports in each of these areas is not a necessary component to assessing the impact of the Bill.

A number of noble Lords were concerned about the impact of regulations brought forward under the powers in the Bill. This will also be considered in line with the Government’s better regulation framework.

I trust that this gives reassurance on the checks and balances that we have carefully built into the Bill. I hope it demonstrates that there is no need to specifically provide for further measures. I therefore ask the noble Lord to withdraw his amendment.

Baroness McIntosh of Hudnall Portrait The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)
- Hansard - - - Excerpts

My Lords, it appears that the noble Lord, Lord Fox, wishes to speak after the Minister.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

Thank you. I did send an email—it is probably lurking in the system. Coming back to the Minister’s assessment that the costs would be low, I am again looking at one of my noble friend’s favourite documents—the impact assessment. It is limited in scope but does have estimates of costs. The Government’s best estimate—this has the Minister’s signature on the front, so I assume that he agrees—is £18.2 million, the majority of which will be absorbed somewhere in the regulatory system. I suggest that that is not a small amount of money for the regulatory sector. Can the Minister calibrate what he just told us or explain how these two numbers meet up?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Fox, for that question. I do not think that I can really add to what is in the impact assessment. Those costs are incurred over a number of years, but I think the impact assessment was carefully prepared and that those are the costs.

Lord Foulkes of Cumnock Portrait Lord Foulkes of Cumnock (Lab Co-op)
- Hansard - - - Excerpts

My Lords, as the noble Lord, Lord Fox, said, in one of his better interventions earlier, this is a mixed bag of amendments and probably represents skilful grouping by the Government Whips’ Office. As a result, we have had a very wide-ranging debate.

I say to the noble Lord, Lord Palmer of Childs Hill—an area I know very well, by the way, but that is another story—that I agree with him. Although he did not deal with the devolved Administrations, he made some very good and useful points. The noble Baroness, Lady Bennett, mentioned all the reports and very sensibly suggested that they might be looked at and consolidated or reorganised in some way on Report. I hope that that will be considered.

I also thank my noble friend Lord Lansley—he is getting more on my side every day—for his support on a statutory duty to consult. As I said in my introductory remarks, it is important to make it a statutory responsibility, otherwise it is so very easy for Governments —of all shades—to forget that they have a responsibility to consult widely.

Having said all that, in light of the helpful reply from the Minister, I beg leave to withdraw my amendment.

--- Later in debate ---
Baroness Randerson Portrait Baroness Randerson (LD)
- Hansard - - - Excerpts

My Lords, I am very pleased to have the opportunity to speak on this group of amendments, and to reflect on the comments of the noble Lord, Lord Patel. He has reminded us of the complexity and sensitivity of these issues, with his example of medical practice in America. It is a country— the richest in the world— with the very highest medical standards, but it does not have the guarantees of high standards, perhaps, that we rightly want to take for granted in this country. I think he has pinpointed an important sensitivity on this issue.

I welcome these amendments, especially the emphasis on consultation, since I am very worried about the lack of awareness of this Bill beyond this Chamber. I think it is right to say that some of us in this Chamber have woken up only gradually to the huge complexity of the Bill. The Minister himself expressed some surprise at it, and the more that can be done to raise awareness among regulators and among the professions affected the better.

I have one very specific comment: I was struck, on reading the impact assessment, on how narrow the Government’s consultations with regulators were prior to the laying of this Bill. Out of 150 professions and 60 regulators, only a dozen were involved in some of the consultation. They were asked questions about the costs and, in one case, there were replies from only three of them. The costings we have been given on an expensive new policy are based, in some aspects, on replies from three regulators, and they could hardly be regarded as a representative cross-section. There is a real worry for us about a lack of understanding of the complexity of the Government’s policy.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Baroness, Lady Hayter of Kentish Town, for her amendments and I note that the noble Lords, Lord Patel and Lord Hunt of Kings Heath, and the noble and learned Lord, Lord Hope of Craighead, are supporting them. These amendments introduce a duty to publish, in draft form, any proposed regulations where they relate to the professions listed, and to consult on these regulations before they can be made under Clauses 1 and 3—the powers to provide for individuals to be treated as having UK qualifications and the implementation of international agreements respectively. I have spoken at some length about the commitment to engagement on both clauses but let me provide some further reassurance specific to these amendments.

First, and perhaps most importantly, the Government, through this Bill, will not and cannot bring forward regulations that affect the autonomy of regulators or the standards that they set. With the greatest of respect to noble Lords, I sometimes feel that they think there is more to this Bill than meets the eye. There is not. This is a Bill which, at its heart, is about the mutual recognition of professional qualifications. It is not, and could not be, a Trojan horse for the Government to somehow choose to undermine the autonomy or the standards of regulators. It would be the height of foolishness for any Government, not just mine, to do so. I suggest that a little injection of reality about what this Bill is about should creep into some of our debates, and I say that with the greatest respect to noble Lords.

I turn first to Amendment 15 to Clause 1, which would mean that, if one of the listed professions were deemed to meet the demand condition in Clause 2, and regulations under Clause 1 were justified, there would be a three-month period of consultation with their regulators before regulations relating to those professions could be made.

I recognise that the professions and regulators specified by the noble Baroness are primarily those supporting our important public services. It is of course essential that any regulations made under the Bill support the delivery of public services and complement regulators’ existing practices. However, there seems little merit in listing, in primary legislation, a set of priority professions —my noble friend Lady Noakes put this very succinctly —which would be subject to change as demand changed. To do so could unduly restrict the ability of the Government, or the other national authorities, to respond quickly and efficiently to the needs of the professions on the list when they were deemed to have unmet demand.

Moreover, let us remind ourselves of what Clause 1 does. It requires regulators to have a route to consider applications from these people. It does not tell them that they have to accept these people or that there has to be a diminution of standards in relation to them; it requires regulators to have a route to consider them. This in no way undermines the carefully constructed architecture that our regulators have put in place to protect patients, consumers and other users of regulated services. Decisions under the Bill will be informed by careful engagement with professions and their regulators, and not introduced without warning. I agree that regulators will need to be involved from the outset, and have time to prepare for changes.

Amendment 27, which relates to Clause 3, seeks to make a similar requirement to publish and consult on draft regulations, with the same regulators and professions, in relation to implementing parts of international agreements on the recognition of professional qualifications. As I have explained previously—and will no doubt have to continue to do—a key concern for the Government in all negotiations is ensuring that the autonomy of regulators within these trade agreements protects UK standards. That applies to all regulators and professional bodies which may be within the scope of an international agreement, not just the ones specified in this amendment.

Through the Department for International Trade the Government engage with a range of stakeholders, including regulators, to understand their priorities and inform the UK’s approach to trade with future trade agreement partners. We have several forums to inform these negotiations, including the trade advisory groups, which hold strategic discussions to help shape our future trade policy and secure opportunities in every corner of the UK. We also hold many ad hoc consultations with interested parties. BEIS also organises regulator forums that provide updates on the negotiations and the terms of trade deals.

In addition, to consult before making regulations at the point at which the international agreement being implemented has already concluded would, frankly, be too late to meaningfully impact the substance of the agreement. That is why in May this year we launched a public call for input as we prepared for trade negotiations with India, Canada and Mexico. I encourage all those with an interest, and of course that includes all regulators and professions, to respond. Why would we not want to know what people think before we embark on the negotiations? To think that we should consult them after the agreement has been effectively finalised, when it is being prepared for parliamentary scrutiny, seems, with great respect, to be shutting the stable door after the horse has bolted.

On Clause 3, it is important for the UK Government to be able to meet our international obligations on professional qualifications, to support UK professionals and trade in professional services, and to do so in a timely fashion. I know that on a later group of amendments we will come back to further examination of this clause.

I trust that this gives reassurance to noble Lords on the engagement of professions, including the professions cited in the amendments but of course all others, before any changes are enacted through regulations through Clauses 1 and 3. I ask that the amendment be withdrawn.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, there is a problem in what the Minister said. He talked about consultation and a call for input, but that is very passive. As I mentioned on an earlier group, unless you know that the Government are going to be looking at your profession, who would think to input at the beginning? On a later group we will come to the need to have a negotiating mandate, because at that stage that might stimulate people to think, “Oh gosh, that’s my profession.” If the Government would like architects, surveyors or whatever to be covered then they may start talking about it, but just putting out a call does not actually tickle the trout; people do not know that they should be involved. What the noble Baroness, Lady Randerson, said was interesting: people do not even know that the Bill exists, so the idea that they are following the situation and will keep looking at websites just in case their profession is affected is not going to happen.

There is an issue, not just about the Bill but about all sorts of measures, of the Government’s consultations consisting of, “We hope you’ll hear what we’re doing and will come and tell us about it.” The Minister has talked about the trade advisory groups. I am sorry to go on about this again, but there are no consumers on any of those groups. Again, the users of those professional services, be they clients of City lawyers or whoever, will not actually sit on those trade advisory groups so are not part of that inner circle that is kept close.

The Minister has basically said, “You can trust us. The Government wouldn’t bring forward regulations that affected the independence of regulators. We would never think to abolish a regulator.” The problem is that he was not in this House—quite a few of us who are here today were, including my noble friends Lord McAvoy and Lord Foulkes—when we had the Public Bodies Act. Do noble Lords remember that? It abolished 32 public bodies with a skeleton Bill and then by statutory instrument. The poor noble Baroness, Lady Noakes, has to put up with me all the time because the National Consumer Council was abolished under that Bill; had it not been, I probably would not have had so much cause to be here because there would have been a statutory body on the formal list that the Government have to consult, and a lot of the stuff that I come in on at a very late date probably would have been dealt with before. So we have previously had a Bill on the basis of “Trust us, we won’t go round abolishing things”, and now here we are: we have no National Consumer Council any more. There is history here that predates the Minister, and that is why we would like a little more evidence in the Bill.

--- Later in debate ---
Lord Russell of Liverpool Portrait The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
- Hansard - - - Excerpts

The noble Baroness, Lady Hayter, has withdrawn from this group of amendments, so I call the Minister, the noble Lord, Lord Grimstone.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank my noble friend Lady McIntosh of Pickering, the noble and learned Lord, Lord Hope of Craighead, and the noble Lord, Lord Foulkes of Cumnock, for their proposed amendments. They cover reciprocal recognition arrangements, the charging of fees and information sharing between UK regulators respectively. I will discuss each amendment in turn.

The noble Lord, Lord Purvis, again raised the DHSC consultation on medical professions, and I admire his deep knowledge of this. I would like to be able to respond fully to the points he has raised, so, if I may, I will write to him and put a copy of my reply in the Library. I also noted his point about EEA citizens’ withdrawal agreement rights. I will try to obtain the number and include that in the same letter.

Let me start with the amendment to Clause 1 from my noble friend Lady McIntosh of Pickering and the noble and learned Lord, Lord Hope of Craighead. I fully recognise the benefit of reciprocal arrangements for the recognition of professional qualifications. I completely understand why my noble friend Lady McIntosh and the noble Baroness, Lady Bennett of Manor Castle, seek this. I do not think I can put it better than my noble friend Lord Lansley succinctly did, in that it takes two to tango.

We have had the benefit of the great knowledge of the noble Lord, Lord Purvis of Tweed, on the negotiating stances within the EU agreement. I was not a member of the Government at that time so I cannot comment on the detail of that. I think it is now, frankly, a matter of history. The noble Lords may frown, but I think it is a matter of history and we have gone past that. I will see if I can glean any useful information to send to the noble Lord, Lord Purvis, but I am not entirely confident I will able to.

As the Committee will know, reciprocal recognition agreements can be secured through international agreements and through agreements between regulators. The EU-UK Trade and Cooperation Agreement includes a mechanism for agreeing UK and EU-wide recognition arrangements. I say in reply to my noble friend Lady McIntosh of Pickering that the first meeting of the partnership council is taking place this very day. I believe that a number of committees will start to meet after that. My information is that one of those committees will include services within its remit.

Regulators have the option to use this process if they wish. Some have indicated they might find it rather cumbersome and so may prefer to conclude arrangements outside this framework. Clause 4 of the Bill will support that. As we know, it provides powers to enable regulators to enter recognition arrangements with their counterparts in other countries. Of course, in reply to my noble friend Lady McIntosh, I say that some already have this power and have used it, and I thoroughly welcome that. Sadly or unfortunately, others do not have the power at present or have doubts about whether they do. One reason why we are bringing forward Clause 4 is to be able to give the power to all regulators that wish to have it. If they then use that power, nobody would be happier than me.

To help them to pursue this route, we are taking action to support regulators in securing such arrangements. For example, the Government recently published guidance to support regulators in agreeing recognition arrangements, including mutual recognition agreements with their counterparts in other countries. However, these arrangements are of course completely distinct from the purposes of Clause 1. As noble Lords have heard, Clause 1 concerns enabling the demand for the services of professions in the UK to be met without undue delay or charges. Clause 1 does not relate to mutual recognition arrangements. However, there is of course nothing in Clause 1 that would act to inhibit reciprocal recognition agreements being agreed where regulators wished to do so. Moreover, recognition agreements are, frankly, demand-led processes, and it is for regulators themselves to decide whether to enter into one and to decide the terms between themselves. That is a feature of the regulators having autonomy. Requiring national authorities to seek out reciprocal arrangements for certain professions would, I suggest with the deepest respect, reduce regulators’ autonomy. I know the importance that noble Lords attach to not doing that. I agree that it is appropriate for the Bill to support regulators’ ability to enter into such recognition agreements, and I hope that noble Lords will agree this is adequately addressed elsewhere in it. No doubt we will come back to this later.

I turn to the amendment to Clause 3 tabled by the noble Lord, Lord Foulkes of Cumnock. The current provision on the charging of fees makes sure that regulators can be enabled to cover any additional cost burden from administering any systems established under international recognition agreements. Of course, this may also be necessary if an agreement references fees. This will help to make sure that regulators are no worse off due to the UK implementing international recognition arrangements. It allows them to cover costs that will arise from implementing and operating processes to recognise professional qualifications from a trade partner’s territory. Some international agreements include commitments about the charging of fees. For example, in typical language, this would be that they are reasonable or proportionate. This power is necessary to implement such measures.

On the specific question of the noble Lord, Lord Foulkes, about why Clause 3 departs from precedent on the charging of fees, I noted the Law Society briefing on this point and understand its interest in hearing us place on record the reasons for the difference between the approach taken in this Bill and that in the 2020 future relationship Act. Clause 3 is a power created with the future needs of international agreements on the recognition of professional qualifications in mind. The requirements and concerns to be considered for this clause are distinct from more general implementation powers that deal with entire free trade agreements and all their different chapters, as is the case with the powers under the future relationship Act.

Clause 3 is also designed to be flexible and to ensure that the UK Government can implement the UK’s precedent-setting policy on professional qualifications, as well as more traditional mutual recognition agreement frameworks and other provisions. If the noble Lord would find it helpful to have a further discussion with me about that, of course I would be delighted. The debate that we come to later will turn to the detail of Clauses 3 and 4 and reciprocal arrangements, so with noble Lords’ permission I shall not go further into the detail of those clauses here.

I now turn to Amendment 47, which concerns Clause 9. I thank the noble Lord, Lord Foulkes of Cumnock, and the noble and learned Lord, Lord Hope of Craighead, for their amendment. Clause 9 relates to information sharing between UK regulators. The amendment seeks to create a defence if a disclosure made under the duty in Clause 9 contravenes data protection legislation. This clause places a duty on UK regulators, where requested, to provide information to another regulator in the UK relating to individuals who are, or have been, entitled to practise the relevant profession in another part of the UK. It ensures that regulators have the information, when an individual applies for entitlement to practise, necessary to assess that individual’s entitlement to practise the profession in that part of the UK. This necessary information is limited to information held by the UK regulator about the individual.

Clause 9 also specifies how the provision interacts with the data protection legislation. Where the new duty relating to the processing of personal data applies, it does not require the making of any disclosure which would contravene data protection legislation. This approach—I think that my noble friend Lord Lansley recognised this—and similar wording has been adopted in other recent Bills, some of which are now Acts, such as the Pensions Schemes Act 2021 and the Agriculture Act 2020.

Let me provide reassurance on the concern which appears to underpin this amendment that regulators may face legal challenges in complying with Clause 9. The clause specifically requires disclosure only when it does not contravene data protection legislation. There is therefore no defence needed. I hope that that reassures the noble and learned Lord, Lord Hope of Craighead, and the noble Lord, Lord Foulkes of Cumnock. The clause is also clear that the duty to share information can be taken into account in determining whether improper disclosure has occurred.

We will return to the important issue of data protection in our wider debate, and I look forward to continuing this discussion. I thank noble Lords for their contributions and amendments. I hope my explanation of the Government’s objectives in relation to reciprocal arrangements, my agreement to write to noble Lords and the rationale for including provisions to charge fees and consideration of how the Bill requirements interact with data protection have been helpful, and that on that basis my noble friend will withdraw her amendment.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
- Hansard - - - Excerpts

My Lords, I am grateful to all who have spoken in this little debate. I hate to disappoint my noble friend Lord Lansley, but this amendment was entirely my own work—it was not from the Law Society of Scotland. I am grateful to the noble Lord, Lord Purvis, for the work that he put in to prepare for this group of amendments. To add to his comments on paragraphs 92 and 93 of the impact assessment, they do not record the loss of reciprocal rights for those lawyers who might otherwise have gone from this country, along with other professions such as dentists and doctors, to work in other European and EEA countries.

I am grateful to my noble friend the Minister for his full reply—especially the acknowledgement that the partnership council met for the first time today. For the first time, we hear that it is hoped that the committees will meet shortly after that. I believe that we should make this a priority, so that all professionals have reciprocal arrangements. I am grateful to my noble friend for spelling out the implications of Clause 4 in this regard, as well as Clause 3. I shall follow that extremely closely. I am grateful to have had the opportunity to probe this matter, and I shall continue to monitor it during the progress of the Bill. For the moment, however, I beg leave to withdraw the amendment.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, Clause 1 enables regulations to be made—as we have heard, they are never overturned—to require a specific regulator to put in place a procedure for assessing whether to treat overseas qualifications as if they were UK ones. However, we still do not know how many of the 60 actually lack such a power. The Minister wants this Bill; he says that it is necessary. Could he please list those regulators which, if circumstances required extra skilled professionals, could find that their statutes were insufficient and thus that they would need to be mandated, by law, to introduce a new process? Because, frankly, if there are no regulators that need this power, we do not need a law to give it to them.

If the regulator wanted to introduce such a process, and had the statute, why would it have to be mandated to do it? If the regulator does not want to introduce such a process, how autonomous is a regulator if it can then be told by a Government that it must do so with the force of law? It may, as the Minister has said, be just a process that they have to introduce, but we are, nevertheless, talking about the Government mandating a regulator to do something that it does not want to do—because if it does want to do it, it will just do it.

So the Minister needs to list the regulators who do not already have the power to adopt such a process. I understand that there may well be some, but it would be nice to know which ones they are. If the regulator has such a power, but does not want to introduce a process to assess whether somebody’s qualifications should be agreed, how does he justify mandating the regulator by law to do that?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I have previously set out the need for a framework for the recognition of overseas professional qualifications. The Government are proposing one that focuses on addressing unmet demand for professional services in the UK. The intention of Clause 1 is to bring in that framework. It means that regulations can be made which require regulators to have a route in place to determine whether or not to recognise overseas qualified professionals from around the world. The framework that the Bill introduces will replace the interim system for the recognition of professional qualifications that was put in place as the UK left the EU.

Clause 1 sets out the substance of the new recognition framework. I stress that these conditions cannot be amended by regulations under the Bill. Where regulations are made under this clause, they would require a regulator to make a determination as to whether an individual with overseas qualifications or experience has substantially the same knowledge and skills, to substantially the same standard, as the UK qualification or experience. As I have said previously, these regulations would not alter the standards required to practise professions in the UK. They could not alter such standards, and regulators would still decide who can practise. No regulator would be forced or pressured into accepting qualifications that did not reach UK standards. Any other appropriate regulatory criteria, such as language proficiency or criminal records checks, must also continue to be met before a regulator may give access to a profession.

--- Later in debate ---
So we have the entire list of the shortage and the expanded use of defining what the demand is going to be but, as the Government say, there are 90 regulators of 140 professions that will not be covered in the framework. I do not know how the Government intend to meet the demand in those areas. If you add the combination of the new restrictive measures of the Home Office for EEA staff, plus the fact that 90 of those are not going to be in the framework, can the Minister confirm how we are going to meet the demand?
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I start by thanking the noble Baronesses, Lady Hayter of Kentish Town and Lady Finlay of Llandaff, the noble Lord, Lord Hunt of Kings Heath, the noble Baroness, Lady Bennett of Manor Castle, and others—and my noble friend Lady Noakes, of course, for tabling these amendments.

I am very conscious that noble Lords have dug very deep in this debate and that my answers, particularly at this time of the evening, will not necessarily do justice to the questions that they have asked. Where that is the case, I shall be writing to noble Lords as soon as possible after this debate.

I particularly thank the noble Lord, Lord Purvis, for reminding me that “never” should never be used by a Minister. I have learnt in my time in your Lordships’ House that it is always wise to take the advice of the noble Lord—so I will do so and, with permission, substitute “hardly ever” for “never” in that instance. I am particularly indebted to him for having invented the “Grimstone rule” in our many debates on the Trade Bill.

Amendment 17 seeks to change the condition set out by Clause 2. Noble Lords do not need me to repeat yet again the purpose of the clause. Demand for the services of a profession includes, but is not necessarily synonymous with, a skill shortage. For example, it could allow consideration of whether consumers can access a service without a long wait or having to pay unreasonably high fees. I completely and utterly endorse the idea that the Bill is not a shortcut to addressing skills development for the UK and does not replace work to boost domestic skills. I endorse the importance that the noble Baroness, Lady Bennett of Manor Castle, attaches to that. The Government have published a Skills for Jobs White Paper and introduced the Skills and Post-16 Education Bill to provide the legislative underpinning to those reforms. Alongside those reforms, it is appropriate that Clause 2 uses a broader condition. The amendment also relates to the implementation of international agreements. However, those powers are already provided by Clause 3. I fear that a reference to them in Clause 2 risks conflating two different issues: trade and skills shortages.

The noble Baroness, Lady Hayter of Kentish Town, has set out the purpose of the report proposed in Amendment 21. In determining whether Clause 2’s condition is met, decisions will be informed by much of the information suggested in that amendment, where available. There is a requirement in Clause 8 of the Bill for regulators to publish information, including the number of individuals who have become entitled to practise the profession. I hope that this satisfies the need to have such information on record. While I value the outcomes that these amendments seek to deliver, they are not necessary. Therefore, I would ask that they be withdrawn or not moved.

I turn to Amendment 20, which the noble Baroness, Lady Hayter of Kentish Town, has explained fully, and I will not repeat that here for brevity. As I have said in relation to earlier questions from noble Lords, I am committed to ensuring that regulators and other interested parties are fully engaged on any regulations brought forward as a consequence of the Bill. I recognise and support the objectives of the amendment. However, there is already engagement planned in determining which professions meet the condition set out in Clause 2. In answer to the specific question the noble Baroness asked, I have already met the Bar Council once, but I am happy to do so again following this debate. I can also confirm to her that the shortage test is granular and is therefore at the level of the speciality, as opposed to some kind of overall definition of medical professions.

Amendment 22, tabled by the noble Baroness, Lady Hayter of Kentish Town, would place requirements on the Government around consultation on international agreements that involve provisions on professional qualifications. These include publishing negotiating objectives, consulting regulators, and reporting and producing impact statements on the professional qualifications provisions and their effects at certain stages. In all negotiations, a key concern for the Government is ensuring the autonomy of regulators within those international agreements and protecting UK standards. I have already spoken about my commitment to engagement, so let me put on record some examples. The Government have recently launched public calls for input on trade negotiations with India, Canada and Mexico; and they engage widely through the trade advisory groups and the BEIS-organised regulator forums.

The Government are committed to a transparent and inclusive trade policy. This includes through consultations on proposed new FTAs. Before negotiations commence, the Government publish economic scoping assessments on the impacts of FTAs. Indeed, we recently published pre-negotiation information notes on India, Mexico and Canada. Before any final deal, impact assessments considering the impact on different sectors and bodies will be published and laid before Parliament prior to ratification, as with the UK-Japan agreement.

In answer to the noble Baroness, Lady Randerson, I say that the Trade Act 2021 provides for the implementation of provisions for the recognition of professional qualifications included in UK trade agreements with countries with which the UK signed agreements as of 31 January 2020. However, it provides for the ability to amend primary legislation in respect of these agreements only if it is retained EU law. Additionally, those powers may expire after five years, whereas it is anticipated that, for example, MRAs formed as part of trade agreements may need to be implemented well beyond this limited period—especially in light of the lengthy timeframes that MRAs typically take to finalise.

In response to my noble friend Lord Lansley’s point about how scrutiny processes should work in relation to these agreements, I have to say that he and I generally see eye to eye on the sequences of these scrutiny arrangements and how they should operate. I understand the interesting point that the noble Lord, Lord Purvis, makes about CRaG coverage. I will look into that and write to him. I believe that the additional requirements set out in this amendment are disproportionate, as their objectives are being delivered already. I therefore hope that the noble Baroness will not press her amendment.

Finally, I turn to Amendments 26 and 28 tabled by the noble Baroness, Lady Hayter of Kentish Town, and my noble friend Lady Noakes. As I have mentioned previously, I strongly support regulator autonomy. However, ensuring the preservation of that regulator autonomy to determine who should practise is best achieved through the agreements themselves. Clause 3 will simply implement those agreements. The limit of the Government’s ambitions on professional qualifications is well illustrated in the recent agreement with the EEA EFTA states. Although ambitious, it respects the key priority of regulatory autonomy to assess applicants and determine who should practise. Under that agreement, the autonomy of regulators and national authorities to set standards and reject applicants who do not meet them is maintained.

For most trade partners, we are more likely to agree mutual recognition agreement frameworks. I am concerned that these amendments could create issues if a regulator wishes to enter into a binding recognition agreement that, for example, required the contracting regulators to recognise specified qualifications. In this circumstance, the amendment tabled by my noble friend Lady Noakes, although no doubt well intentioned, would render implementation through regulations made under Clause 3 impossible. Meanwhile, the amendment tabled by the noble Baroness, Lady Hayter, would result in uncertainty on this point, depending on whether this was construed as undermining regulator independence or autonomy. These amendments could therefore undermine regulator autonomy, rather than preserve it, by restricting what agreements reached by regulators could be implemented under Clause 3. On that basis, and in conclusion, I ask the noble Baronesses not to press their amendments.

Lord Lexden Portrait The Deputy Chairman of Committees (Lord Lexden) (Con)
- Hansard - - - Excerpts

I have received one request to speak after the Minister. I call the noble Lord, Lord Fox.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for that point. I think that I can answer the first point immediately because it comes back to the question asked by the noble Baroness, Lady Hayter. She wondered whether it would be at the level of, say, the medical profession rather than at the level of a specialty within that profession, such as anaesthesia. On letters, we will do our best to get them out quickly. It is slightly irritating that we have our next day in Committee as quickly as next Monday, but we will certainly do our best.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

I thank the Minister for that. On letters, I know that he is backed by many civil servants and colleagues. He is looking at the whole of my office at the moment—me—so could he not expect us to go to the Library and find things? When he is writing to one person who has asked a question, can he automatically circulate the letter to us because I am afraid otherwise we have no way of seeing it? That would be very kind.

I thank everyone who has contributed to this debate, which I have found really useful. The Minister is not going to like what I say, but there you are. The comments made by the noble Lord, Lord Lansley, and the noble Baroness, Lady Noakes, will help in the redrafting, but I think it is only fair to say to the Minister, nice try, but he can be fairly sure that three groups will be brought back on Report. One will be about the autonomy of regulators. They should not be forced to something. It has to be said somewhere that no trade agreement can underpin them. We can take advice on where it goes.

On the second one on skills, we will want some assurances that other things are going to be done and this will not be the immediate device for filling skills. I think that is in Amendments 20 and 21. We definitely want to look at this again. On skills, I very much welcome the clarification about granular. If I understood what the noble Lord, Lord Patel, said earlier, specialists —be they specialist registrars or consultants or members or fellows of the royal colleges—are awarded the specialisms by the medical royal colleges. I get a nod from across the Committee. The colleges are not the regulator, that is the GMC. I am going to keep out of that and leave it for the specialists. I am sure the Minister will need to discuss that with the medics. It is welcome that he says it will be granular, but then it will not be a regulator which is able to do that because, I think I am right in saying, the medical royal colleges are not regulators in this sense.

The third element was international agreement, which was covered by Amendment 22. Although we may want to look at the detail of that, I think that putting the Grimstone rules into this piece of legislation will be important. For the moment though, having said thank you for the answers but we will be still back, I beg leave to withdraw the amendment.

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, as we have heard, Clause 3 gives powers to Ministers to do all sorts of things, but particularly over professional regulators to implement what the Government have negotiated with a third country as part of a trade deal. We are not talking about participation in negotiations on a trade deal, but when a trade deal is done, Clause 3 would give Ministers powers to make such provision as they think necessary to implement any international recognition agreement.

Basically, it states that, where the Government have agreed that opening up a particular UK profession to people qualified in that third country, Ministers can tell a supposedly independent regulator—if I understood what the Minister said earlier—simply to put in place a process for assessing any applicants. However, it goes much further than that, as the noble Lord, Lord Purvis, and others have said. It could even be to accept such applications, not simply to have process by which they would consider applications. Why is this power needed? Either the regulator already has the power to have such a process to consider applications so that it can judge the qualifications, experience, fitness to practice and general bone fides of applicants, in which case this power is not needed, or it lacks the power and does not want it because if it wanted such a process, it would have put it in place.

Not everyone opened their emails at 5 pm yesterday, but I did, and I had a letter from the Minister. One of the questions we have been asking—and which he helpfully promised to answer—was how many regulators are we discussing anyway, under the 60 regulators who do not already have the powers to accept or consider applicants from third countries to practice here. He named three, meaning that we may be doing this for just three regulators. One is the Health and Safety Executive, another the Teaching Regulation Authority, and the third is the Security Industry Authority, which I think regulates bouncers. Someone who knows about this can tell me if I got that right—I see that the Minister confirms it. So this Bill will enable a regulator which regulates our bouncers to take applicants from third countries with which we have done a trade deal, so that their bouncers can come and operate at our nightclubs, which are closed at the moment because of Covid. I thought I should share with colleagues that we are possibly talking about three regulators who do not have the power, and that one probably does not want it anyway. If they can already consider applicants, then this seems to go further than saying that you need a process in place, and seems possibly to say, “You will accept these applicants,” whom I am sure were already regulated in their own countries. Nevertheless, it seems to require regulators to accept them, not just to put a process in place.

My noble friend Lord Hunt asked why should a Minister be able to override what a statutory regulator—a supposedly autonomous regulator set up in law to protect the public and maintain standards—and establish a new route against its wishes? If the regulator is happy, everything is hunky-dory, and we do not need this power anyway. The Government have said that Clause 3 is a more proportionate method to implement mutual recognition agreements, but they have failed to tell us which trade deals being considered will have a mutual recognition agreement and why regulator-to-regulator side agreements are not satisfactory. The Minister’s letter—for those of your Lordships who did not open their emails at 5 pm yesterday, and incidentally I am impressed that the Minister was there to press send at that time—to the noble Baroness, Lady Randerson, says that if an MRA is agreed and approved by the trade agreement,

“it may need to be implemented in law”.

However, the Minister in that letter gave no example of why it would need to be implemented in law, or what type of MRA that is. Perhaps he can now spell out the circumstances in which an MRA would need to be implemented in law in the way envisaged in Clause 3.

I am anyway still bemused about why—given that the Government have said that, in their negotiations with other countries, it is for the autonomous regulator to determine who practises a profession—a Minister might need to instruct a regulator in law to set up a route for negotiations and recognition.

As the noble Baroness, Lady Noakes, and others said, and as the Delegated Powers Committee wrote, the Government have failed to satisfy us that Clause 3 is needed at all, and—as Amendment 56 tabled by the noble Lord, Lord Lansley, emphasises—have failed to explain why, should something along these lines even be needed, it should enable primary legislation to be implemented by statutory instrument. Clause 3 states that the Government—or any of the devolved Governments—can use regulations to implement any international recognition agreement, which means that they could use it, as others have said, to authorise Brazilian vets, Japanese bouncers or Australian teachers to work here without our regulators being the ones to decide that. It certainly seems to go beyond simply having a process in place, which is the point on which I wish to press the Minister. Earlier he said that it was all about making sure there is a process in place. If I have not understood correctly, I am looking forward to the Minister’s explanation of why this is needed.

Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, I thank my noble friend Lord Lansley for his amendment to Clause 13, which limits the regulation-making power of Clause 3, and I note that the noble Lord, Lord Hunt of Kings Heath, intends to oppose Clause 13 standing part of the Bill and that the noble Lords, Lord Fox, Lord Trees and Lord Hunt of Kings Heath, and my noble friend Lady Noakes intend to oppose that Clause 3 stand part of the Bill. I hope to provide noble Lords with the assurances they are seeking, but I have listened carefully to the points made during the debate and know that I may have an uphill task ahead of me on some of these matters. I will of course be reflecting on that after this debate.

Before I turn to my noble friend Lord Lansley’s amendments to Clause 13, it would be helpful to consider them in the context of Clause 3. I will therefore outline the rationale for Clause 3. Before I do that, I apologise to the noble Lord, Lord Patel, if letters to him have been misdirected—although he may be grateful not to have received them at 5 o’clock yesterday afternoon—and I will of course ensure that that does not happen again. In answer to the noble Lord, Lord Purvis of Tweed, I will of course research what previous Trade Secretaries have said on matters germane to the Bill.

Let me again outline the rationale for Clause 3. I think it is common ground that international agreements on professional qualifications can be beneficial in reducing non-tariff barriers to trade by supporting UK trade in services and helping professionals to provide services abroad. I still believe that Clause 3 is important to ensure that the UK can meet its international obligations by allowing national authorities to implement those parts of international agreements that relate to professional qualifications.

As I have described before, what is implemented under this power will be subject to the outcome of negotiations. It is the case that for many trade partners, we are likely to agree the standard model of recognition of professional qualifications: a mutual recognition agreement framework. Perhaps in answer to my noble friend Lady McIntosh’s fears about reciprocity, I think the clue is in the name: these are mutual recognition agreements. Under these frameworks, the parties to the deal encourage their regulators to negotiate and agree recognition arrangements, but—and this is the key point—with no obligation that they do. It is up to the regulators to decide whether to agree a recognition agreement and to propose its terms. This takes time. Sometimes, once a mutual recognition agreement is agreed and approved under the FTA’s governance processes, it can be annexed to the FTA itself, and then it may require implementation by the Government, often—this is the reality—years after the FTA was actually agreed. That is one of the answers to the noble Lord, Lord Purvis of Tweed, as to why sunset clauses do not really work in those circumstances.

With other select trade partners, the Government may look to agree more ambitious provisions for the recognition of professional qualifications. An example of this is the excellent deal recently agreed with the EEA EFTA states, Norway, Iceland and Liechtenstein, and I am happy to use it as an example, as requested the noble Lord, Lord Fox. This agreement includes a framework that ensures that there will be a route to recognition for UK professional qualifications in the EEA EFTA states and vice versa, but, as I have stressed previously, this is a route to recognition, it is not an obligation to recognise and it does not affect the ability of national authorities or regulators to set and maintain professional standards.

--- Later in debate ---
Baroness Noakes Portrait Baroness Noakes (Con)
- Hansard - - - Excerpts

I will raise just two topics. The first is trust; the Minister regretted that the Committee did not trust the Government on this. We have to remember that when very wide legislation is placed on the statute book, it can be used by a later Government to its full extent, whatever the current Government intend—in this instance, in relation to regulator autonomy. We have plenty of examples of that; the most glaring at the moment is the legislation being used to cover the hundreds of statutory instruments on coronavirus restrictions. Very clear statements were made to both Houses of Parliament when that legislation went through about the circumstances in which it would be used. That has been completely ignored to cover the biggest deprivation of civil liberties in peacetime, for circumstances that the legislation was never intended to be used. The Committee is entitled to be entirely sceptical about very broad expressions in statute.

My second point relates to letters. I received one letter, yesterday at 5 pm, so I have not seen many of the letters which have been referred to. It is extremely difficult, when letters come out at 5 pm on a Sunday and we start the next Committee day the following working day, to have any chance of tracking down whether any letters have been issued. As far as I understand it, the Library does not operate in real time and there is no real-time way to interrogate how things are laid there—even if these letters were laid in the Library, which I have no idea about.

The reason Ministers write letters in Committee is that they have failed adequately to deal with an issue at that stage. When the Minister handled the last group of amendments last Wednesday, he said that he would answer it very briefly, as it was getting late, and would write. Whomever he addresses the letter to, when he writes, he is writing to the whole Committee, and it is only right and proper—and this always used to be the case—that all other Members taking part in the Committee get a copy of it. It is additionally laid in the Library so that the rest of the House has access to it.

We have lost sight of how to conduct our business properly—partly because hybrid proceedings make it more difficult for us to run things down completely in Committee, but there are always cases where you cannot run things down in Committee and have to rely on subsequent correspondence. The way the Minister’s civil servants are operating this letter-writing procedure is depriving the Committee of its ability to operate effectively.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank my noble friend for those two comments and the spirit in which they are offered. I realise that my point about trust is not a personal matter in relation to me but the more general point my noble friend makes. On letters—I will not dwell on this too long—I think the short gap between the two stages of this Committee, and this Committee being on a Monday, was a particularly difficult practical point. The officials have literally been working day and night on this; that is why not all the letters were available until the end of Sunday. We copied all of them to Front-Bench spokesmen, but I take my noble friend’s point that in future, as well as putting them in the Library, it would be convenient for noble Lords if letters were copied to them—albeit sometimes, when there is such a restricted period between the two days of Committee, they may arrive later than any of us would wish.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
- Hansard - - - Excerpts

My Lords, I am grateful to the Minister for his response. He said he would consider this between now and Report, which I am very grateful for. He then referred to Clause 4, making the point that it will be useful in encouraging regulators to make mutual recognition agreements, but that there will be no obligation and it will be up to the regulators to agree. However, we are debating Clause 3, and our problem is its open-ended nature, which on my reading means that Ministers can simply, through regulations, tell regulators what to do. I will not go into the issue of trust again, but does the Minister recognise that there is a problem with Clause 3? Is he prepared to look at its wording to make it clear that it cannot be used to override the protections he has already put into the Bill through Clause 1?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for that point. Of course, anyone who listened to this debate could not but hear what noble Lords have said on this. As I said, I will reflect on this matter.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD) [V]
- Hansard - - - Excerpts

My Lords, I am grateful for the Minister’s reply to the noble Lord, Lord Hunt, which I will come to in a moment. He was extremely dismissive of legislative powers to implement international trade agreements having sunset clauses. He has just taken through the Trade Act, which has exactly those clauses in it. The power there is a five-year sunset, and a regulation can extend it to no more than a further five years. This is to protect exactly that kind of scrutiny of these changing agreements, so that Parliament, if there are changes in that period, has an opportunity to scrutinise them again. All I was asking for was some form of comparable treatment in this Bill, which he is taking through, to the one he has just taken through on the rollover agreements. I cannot for the life of me think why he championed them in the latter and now dismisses them in the former.

On the breadth of the Clause 3 powers, on my reading and having listened to the Minister’s speech, I would be grateful if he could indicate whether I am wrong that, while 50 regulators and 160 professions regulated by law are covered by Clause 1, the other 90 regulators of the 140 professions cited under the impact assessment—not the legal framework—could now be within the scope of powers of duties imposed on them by Clause 3. Without there being any restrictions in Clause 3 on the duties of or obligations on all regulated professions, statutory or otherwise—these could include new duties on current non-legislative regulators—and without there being protections regarding their independence in Clause 3, are they all now potentially within the scope of these powers?
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for that comment. My belief is that this Bill applies only to our famous 50 regulators and the 160 professions, and that it is those regulators that are governed by law, but I will write to the noble Lord and send a copy to all Members of the Committee to confirm this.

On the point about sunset clauses, the trade agreements covered in the Trade Act were all rollover agreements, many of which will be replaced in due course by other agreements. The noble Lord will know that some of that process has started already and that what we are talking about here is mutual recognition agreements rather than rollover agreements in their entirety.

Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, I am grateful to my noble friend the Minister for his response to my Amendment 56. If I understand it correctly, he attributes to the professions legislation considerable complexity; for example, the supplementary delegated powers memorandum that the department submitted referenced the Dentists Act—a mix of primary legislation and secondary legislation. If this House accepted that there are practical reasons for providing a power of this kind to enable the amendment of both primary and secondary legislation, will my noble friend say that the Government will not use it as a precedent in relation to future legislation or future arrangements for the approval of trade agreements and other international agreements? There is a principle here: in future, as these trade agreements come through, where they impact on primary legislation, they should be implemented through primary legislation. Does my noble friend accept that this will not be cited as a precedent?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

That is certainly a helpful suggestion put forward by my noble friend. I will reflect on it.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, I seek the Committee’s indulgence—I did not want to keep popping up in the last group—because there were some unanswered questions which I had posed. I am sure that more letters will come, but I asked the Minister to make it absolutely clear that Clause 3 was talking about more than just a regulator setting up a process and possibly accepting applicants. Perhaps he could write about that, because he went on to say that nobody objected to the new EFTA agreement, but that is only about a process. There is a big difference between asking a regulator to put a process in place and telling them what the outcome has to be.

Regarding this amendment, as the noble Lord, Lord Fox, said on the last group, mutual recognition agreements between willing partners are to be welcomed. They work and we like them. It is about professional movement and all the things that we are in favour of. Clearly, if they require a legal basis, then it is helpful for that basis to exist. However, I need some examples, even if no one else does, of what legal basis would be needed for a mutual recognition agreement. I quoted in the earlier group the letter to the noble Baroness, Lady Randerson, which said that an MRI may need to be implemented in law, yet we have had no examples of what type of issues would need to be so implemented; that is, going beyond what a regulator can do at the moment. Perhaps either now or in correspondence, we could have some examples of that.

Amendment 30 must be right, because surely it is not for a Minister to require in law—it goes much further than encouragement, as the noble Lord, Lord Purvis, said—for a regulator to enter negotiations with another overseas regulator against its will. We are not talking about when it wants to do it. We are telling it when it does not want to do it that it must. This needs some justification by the Minister.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank my noble friend Lady Noakes for this amendment to Clause 4. It is worth reminding ourselves of the essential difference between Clause 3 and Clause 4. Clause 3 provides a power for the Government to implement international agreements, including the professional qualification elements of free trade agreements and bespoke agreements on professional qualifications. These are agreed between the UK Government and international trade partners. Clause 4 provides a power for national authorities to authorise regulators to enter regulator recognition agreements. These are often bilateral agreements between UK regulators and their counterparts in other countries on professional qualifications that make it easier for professionals to obtain recognition in their respective jurisdictions. I think the comments made by the noble Baroness, Lady Randerson, referred mainly to Clause 3, when she looked at the impact assessment, rather than Clause 4, which of course is the subject of this amendment. Also, it is always a pleasure to hear from the noble Lord, Lord Davies. I welcome his comments.

I agree with the sentiment behind my noble friend’s amendment. Regulators must continue to have the ability to act in the best interests of their professions and the consumers of professional services. Clause 4 as introduced—I say this categorically—cannot be used to compel regulators to enter into reciprocal recognition agreements. It can only authorise them to do so, not oblige or compel. No circumstances can change this. I hope that reassures the noble Lord, Lord Purvis of Tweed, and others. It is not the Government’s policy to force regulators to enter into regulator recognition agreements. The decision to enter such an agreement must sit squarely with the regulators themselves. They are best placed to determine which recognition agreements would be most beneficial and to decide the terms of any agreements which they may enter.

I am sure that your Lordships recognise the value of recognition agreements and the importance of their creation being demand-led, regulator-led processes. Therefore, while I agree with the sentiment behind the amendment tabled by my noble friend Lady Noakes, I believe that the clause as drafted meets the objectives of it. With this reassurance, I hope that my noble friend feels able to withdraw her amendment.

Baroness Noakes Portrait Baroness Noakes (Con)
- Hansard - - - Excerpts

My Lords, I thank all noble Lords who have spoken on this amendment. I heard the noble Baroness, Lady Randerson, say that not all regulators were equal. That clearly is true, particularly in relation to overseas regulators. She highlighted that some were less well developed. There are some which simply come nowhere close to the standard which would induce a UK regulator to enter a mutual recognition agreement, and that is what we really need to protect. I also thank the noble Lord, Lord Davies of Brixton, for his support on this occasion. I hope that we may find lots of other opportunities in future to agree.

I think that my noble friend the Minister has given an unequivocal statement that this clause cannot be used to compel a regulator. That is what I was seeking to establish. I thank him for that and beg leave to withdraw my amendment.

--- Later in debate ---
Baroness Garden of Frognal Portrait Baroness Garden of Frognal (LD)
- Hansard - - - Excerpts

My Lords, I start by apologising to the Committee for the discourtesy of not being here last time for a later amendment. I spoke on the first two groups, and I completely failed to notice that I was down to speak on another one, so I went home. It was not until I got frantic texts and emails from my colleagues asking where the devil I was that I looked at the list again and realised, to my horror, that I was down. I am sorry; I have been in this House for 14 years and I really should know better. I apologise.

I have added my name to my noble friend Lady Randerson’s amendment, and she has explained coherently the reasons for it. The Bill seems to have ignored the very significant part played in professional qualifications by higher education training providers, awarding organisations and, indeed, many other bodies. I declare an interest in that for many years I worked for City & Guilds developing and promoting professional qualifications. Of course, many of the awarding organisations do much of their own regulation, sometimes through exchanges with other organisations to ensure that standards are being maintained. We all know that universities have a practice of having visiting academics to check their standards. Sometimes that is done with the support of expert committees; certainly, at City & Guilds we had tremendous expert committees to guide us and, of course, we were in constant dialogue with the recognised professional bodies.

Our universities tend to be their own hardest taskmasters because they are fully aware of their reputation if they are to attract students and to keep their place in whatever league table they deem appropriate. Universities, training providers and awarding organisations know that they stay in business because of the respect for, and quality and relevance of, their standards. I am as bemused as my noble friend about why these bodies do not appear to have been consulted in the drafting of the Bill given that so many of its clauses concern qualifications with no mention of who actually awards them. This amendment seeks to rectify the omission.

I look forward to the Minister’s reply and hope that he will see the sense of having something in the Bill that recognises the organisations which award the qualifications that we are all talking about.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Baronesses, Lady Hayter of Kentish Town and Lady Randerson, and my noble friends Lady Noakes and Lord Moylan for these amendments. I shall begin by addressing Amendments 31 and 32.

The amendment tabled by my noble friend Lady Noakes would limit qualifications recognised in recognition agreements to qualifications approved by the overseas regulator, while the amendment proposed by the noble Baroness, Lady Hayter of Kentish Town, would limit the qualifications involved in recognition agreements to those approved by the UK regulator. On the face of it, these amendments seem reasonable. However, they would have no practical effect. Regulations under Clause 4 would authorise the regulator to enter into an agreement with an overseas regulator of a corresponding profession which carries out functions relating to regulating a profession. Logically, a regulator would enter into only an agreement which concerned those professionals whose qualifications and experience had been recognised by that overseas regulator. It is also true that the UK regulator would agree, as part of a recognition agreement, to recognise only those qualifications which meet UK standards. Given that, I humbly suggest that these amendments are unnecessary. They simply reflect what would happen in practice, and indeed what happens now, for regulators that can already enter into such agreements. I therefore ask the noble Baronesses to withdraw or not move their amendments.

The amendment in the name of the noble Baroness, Lady Randerson, would require the Government and the devolved Administrations to consult higher education institutions, training providers and other bodies before regulations are laid under Clause 4. I have already spoken about engagement, including in response to previous amendments tabled by the noble Baroness, so I will not rehearse those points again in full. However, I reassure her that my officials are working closely with the Department for Education to engage with a range of training providers.

The key point in relation to this amendment is that the regulator recognition agreements envisaged by Clause 4 will be regulator-led. The decisions will be for them; Clause 4 merely authorises them to enter into agreements. Of course, in considering and progressing recognition agreements, regulators will naturally want to engage with education providers and many others. I think, therefore, that the answer to the noble Baronesses, Lady Randerson and Lady Finlay of Llandaff, is that the Government do not need to get between the regulators and education providers in this matter. Indeed, if the Government did get between those two sides, they would risk being seen as seeking to limit regulators’ autonomy, to which I know we have all been paying so much attention.

Regulators will also want to work with national authorities, which themselves already work closely with a wide range of education and training providers, so I think that the amendment is unnecessary. Further, as my noble friend Lady Fraser of Craigmaddie has helpfully confirmed, this engagement already happens naturally, as one would expect it to. I hope that this reassures the noble Baroness, Lady Randerson, and I ask her not to move her amendment.

I thank my noble friend Lord Moylan for his support of Clause 4 at Second Reading and I appreciate his interest in regulator recognition agreements. His amendment seeks to require regulators to report annually on the status of recognition agreement negotiations, to publish criteria for the initiation of negotiations, and to establish a process to allow for consultation within their sector. I appreciate the intention behind my noble friend’s amendment and I too am keen to support the development of recognition arrangements wherever I can. However, I think that placing these legal obligations on regulators is unnecessary.

First, regulators are a varied group and not all of them may wish to enter into recognition agreements, so requiring them all to publish criteria for the initiation of negotiations and to establish a process to allow for consultation within their sector seems burdensome. Secondly, it is our experience that the regulators one might expect to be active in international discussions already provide updates on recognition agreements and consult routinely on opportunities with their professions and other interested parties. Legislation to enforce this seems unnecessary.

We have spoken at length about regulator autonomy. I hope I have been clear throughout that we must trust regulators to act in the interests of their profession and to determine which recognition agreements are beneficial. I therefore ask my noble friend not to move his amendment.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, my noble friend Lord Davies of Brixton merely agrees with the noble Baroness, Lady Noakes, but I am actually going to defer to her. It is clear that her amendment is superior to mine. I did not use the term “UK” in mine and I understand the implication of that. It was drafted slightly sloppily, and for that I apologise.

The Minister says that the amendment is not necessary because Clause 4(2) states that it is for regulators to regulate agreements between regulators, as well as dealing with the recognition of qualifications. In a sense, therefore, you have go in through one to get to the other. The issue raised in the amendment in the name of the noble Baroness, Lady Noakes, perhaps goes back more to Clause 3, which covered whether anything is ever going to be asked of a regulator, not just in a regulator-to-regulator agreement but when the Government ask it to do that as part of a trade deal, where we may still actually need it. I think that the implication—the real meat of it—is still needed. I know that her drafting is brilliant, but perhaps we need it in Clause 3. However, we can look at that.

I want to make one more comment arising out of the interesting issue raised by the noble Baroness, Lady Fraser. She mentioned that some of the overseas training is valuable; one might say almost that it is too valuable to some of our education establishments because it is keeping them going. But what comes out at the end does not stay with us and is not filling the skills gap. The noble Lord, Lord Trees, who is not here, has told me that it is much the same for vets. We are training an awful lot of overseas vets, and I think he said that something like 40% of them then leave because they get very high-quality training, but unfortunately do not stay to be vets here. I know that that is more about the earlier issue on skills, but it is one to bear in mind.

For the moment, and again with apologies for my rather poor drafting, I beg leave to withdraw the amendment.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, the Government need to justify why this clause is in the Bill. What would happen if it were not? What would we lose? What is the worse that could happen if it were not in the Bill?

UK regulators are free to enter into negotiations with other national regulators at the moment, so why is this clause needed? Could the Minister just answer that, how it would be used and why we need to give Ministers this power? It does not use the words “encourage” or “encouragement”; it says that the Government can authorise a regulator to enter into negotiations, but it is hard to understand when that would ever be needed. Can the Minister answer the question: what would happen if this were not there and why, if a regulator did not do it of its own free will, the Government would need this power to authorise it to do it?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I note that the noble Lord, Lord Hunt of Kings Heath, set out his intention to oppose Clause 4 standing part of the Bill. I hope that the arguments I have previously set out in favour of Clause 4 have gone some way to assuaging the noble Lord’s concerns.

First, I will directly answer the question just posed by the noble Baroness, Lady Hayter. The fact is that there are regulators that would like to enter into regulator recognition agreements that do not have, or are not sure whether they have, the powers to do so. My noble friend Lady McIntosh of Pickering referred to regulators that have contacted her welcoming this clause. If regulators want this power in this Bill, and all of us are agreed that it is helpful for them to have it, even if the numbers are small, why would we not want to give it to them? Why are noble Lords saying that it is okay for regulators that already have this power to enter into recognition agreements but, for some reason that I find inexplicable—with due respect—regulators that do not have this power or are not sure whether their power is appropriate should not be allowed to have it? That seems to go against the spirit of regulatory autonomy and recognising that regulators know what they are talking about, in this area.

Before I start, I say to the noble Lord, Lord Hunt of Kings Heath, that of course I have taken the comments made by the Delegated Powers and Regulatory Reform Committee seriously. I read its memorandum very carefully, and think that the supplementary memorandum that I submitted afterwards met some of its concerns. I will continue to reflect on its two responses to me, as we attempt to move this Bill forward.

In answer to what my noble friend Lady McIntosh said about the coverage of the Bill, it looks weird when noble Lords start quoting individual examples of regulators that are covered or not. It is simply because the class of regulators that are covered by the Bill is that class of regulators that are governed by law. Off the cuff, I could not answer why the regulators of people who deal with pigs can and the regulators of those who deal with another animal may not. One would have to go back to the original legislation to do that, but this Bill does not make a value judgment on these regulators; it merely uses the legal definition of which regulators are covered by law to be its class of regulators for the purpose of the Bill.

I take this opportunity to emphasise the importance of regulator recognition agreements for enabling professionals who have qualified in one jurisdiction to work in another. They are important for trade: they help sought-after UK professionals to provide services into overseas markets and help overseas-qualified professionals to have their qualifications recognised in the UK, where a regulator determines that they meet our rigorous standards.

In some territories, or for some professions, there can be barriers to UK professionals practising overseas. Reciprocal agreements put in place by regulators can reduce these barriers. I come back to the point made by the noble Baroness, Lady Hayter: why would we not want regulators to do this, if that is what they want to do? For example, regulator recognition agreements can set out streamlined processes for two regulators to recognise each other’s professionals on the basis of similar standards. They can also include provisions that set out how applications for recognition will be treated; for example, through agreement on standard application or evidence requirements.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

The Minister has to understand that we are wholly supportive of regulator-to-regulator agreements; it is the best way, it is good for our professionals, very good for the City and for all sorts of things. The problem here is that the Minister does not even know how many regulators might need this. In his letter to me he named three: the Security Industry Authority, which I very much doubt wants an international agreement on this; a teaching register; and the Health and Safety Executive, which again is very unlikely to want this. He has now thrown into the mix the Intellectual Property Regulation Board, so we are possibly talking about having a whole Bill for four regulators. We would understand it if the Bill, in the case of statutory regulators which do not at the moment have the power to enter into a regulator recognition agreement, said that the Minister could by regulation make that happen. The problem is that it goes much further than that. We might have only three or four regulators but we have a whole clause which sounds more than the Minister suggests. Perhaps he could agree to a preamble to this clause that would spell out, where the regulator does not under its own statute have the necessary authority, that the Minister could do it. Is he willing to look at that?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

As always, I will consider carefully the suggestions made by the noble Baroness but, without wanting to repeat myself, I really do not understand this antipathy to giving power to those regulators that do not have this power.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

I assure the Minister that I have managed to work out that if two things are standing next to each other I can feel differently about one from the other. Everything that I have said has recognised the benign nature of Clause 4, but what I asked and did not hear an explicit answer to was whether that benign nature could be modified by the very close Clause 3—and never mind how close it is; it could be anywhere in the Bill. The Minister did not answer that question, and because of that I assume that I and my noble friend Lord Purvis, the noble Baroness, Lady Noakes, the noble Lord, Lord Hunt, and others, are correct that Clause 3 can modify Clause 4, and benign, beneficial and voluntary elements of Clause 4 can be made compulsory by Clause 3. Unless the Minister is prepared to say that that is not and can never be the case, I am afraid I will leave this Chamber clear that what I have just said is correct.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

The noble Lord’s colleague the noble Lord, Lord Purvis, cautioned me on the previous day of Committee never to use “never” at the Dispatch Box, and I am trying to remember his strictures on that. The reason I did not answer the question directly is that I am not going to do so unless I am completely sure of my facts on this. I do not believe that it is possible for Clause 3 to creep its way into Clause 4 but, so that I can give the noble Lord, Lord Fox, a completely definitive answer, I will write to him, and I will copy that letter to all other noble Lords. Indeed, I will hand deliver it to noble Lords who wish to get it particularly expeditiously.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
- Hansard - - - Excerpts

I suspect that we should be wary of what we wish for, and that the Minister is now going to take his revenge in the number of letters that we will receive over what I hope will be a very pleasant weekend. I do not think we can take this any further because he has said that he will respond to the noble Lord, Lord Fox, whose question, alongside that of the noble Baroness, Lady Hayter, seems to me the core of the argument. The only other question is about pig farmers as opposed to beef farmers; the Minister said that at some point pig farmers were covered by the legislation but beef farmers were not. I suggest to the noble Baroness that we leave as an eternal mystery why that should be.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, I too want to concentrate on Amendment 60A, the new clause proposed by the noble Lord, Lord Lansley, which, as the noble Lord, Lord Purvis, has said, is absolutely crucial, particularly on fitness to practise.

We have in this country high standards not just of professional capability but of probity, which, indeed, go further and wider than the professions covered in this Bill. I well remember on almost my first day as a magistrate, many decades ago, seeing a man lose his licence to be a bus conductor in London because of a very minor and quite unrelated traffic offence; it was because of the standards we demand of those in public sector.

Our doctors, nurses, social workers, lawyers and teachers are not just good with their hands and brains; they are also not wife-beaters, drunken drivers, shoplifters or fraudsters. Fitness to practise means obedience to ethical codes, and never carrying out tasks outwith the abilities and competence of the particular profession. It includes in many professions the reporting of errors, maintaining skill levels, undertaking CPD and other aspects of what being a professional means. As the amendment tabled by the noble Lord, Lord Lansley, allows, it is important that if we are either to encourage—a word we have used—or even mandate regulators to have processes in place to recognise those qualified in other jurisdictions, then checking up on these wider aspects really must be permitted as part of the process. I hope that, in one way or another, the Minister will agree to bring something back in the Government’s own words on Report.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank my noble friend Lord Lansley for tabling Amendments 34A and 60A, and I thank the noble Baroness, Lady Garden of Frognal, for tabling Amendment 42A.

Amendment 34A seeks to require that a regulator of a profession ensures that an individual is suitably indemnified or insured before they may practise a profession, if that regulator sets up recognition routes as a result of regulations made under Clauses 1, 3 or 4. Amendment 60A intends to ensure that the recognition of an individual with overseas professional qualifications or experience should not be sufficient in itself to confer an entitlement for that individual to practise that profession in the UK or a part of the UK. It seeks to ensure that the regulator can require that an individual has demonstrated their fitness to practise and produced evidence of their overseas experience.

I am in complete agreement with my noble friend’s intent in bringing forward these two new clauses. Under Clause 1, as amended in my name, regulations creating recognition routes can specify additional conditions which must be satisfied before a regulator makes a determination that recognition is given. This means that any other appropriate regulatory criteria, such as language proficiency, appropriate indemnity or insurance arrangements or criminal record checks, must also continue to be met before a regulator may give access to a profession. All these conditions could be imposed by a regulator under Clause 1, as amended. In answer to the noble Lord, Lord Purvis, determining fitness to practise sits absolutely within the autonomy of the regulator. Nothing in the Bill disturbs that.

The amendments are also relevant to Clause 3, relating to the implementation of international agreements. As I set out earlier, Clause 3 does not affect the ability of national authorities or regulators to set and maintain professional standards. This includes the requirements to practise that profession, including being fit to practise and any requirements to have insurance.

Clause 4 allows the appropriate national authority to authorise a regulator to enter into regulator recognition agreements. The decision to enter into such an agreement and its terms are for the relevant regulator. This goes to the heart of the principle of regulator autonomy. It should be for the regulators concerned to decide whether to place requirements relating to professional indemnity insurance. It is highly unlikely that a regulator would agree terms which would provide access to a profession to individuals unfit to practise it. Language proficiency, indemnity arrangements and criminal record checks are prevalent examples of criteria that our professional regulators use now to assess and determine an individual’s fitness to practise. Nothing in the Bill disturbs this and, again, the regulator is free to determine how to go about it. I have been clear that we must protect regulators’ autonomy, including deciding who practises a profession and how to make assessments on issues such as information relating to overseas experience.

I have discussed this Bill with regulators such as the GMC, the GNC and the Nursing and Midwifery Council. Let me be crystal clear, the amendments in my name allow them to determine who is fit to practise their profession here, beyond recognition alone. They have welcomed this. The amendments to Clauses 3 and 4 are unnecessary as they do not cut across regulators’ ability to set and maintain standards.

--- Later in debate ---
Baroness Blake of Leeds Portrait Baroness Blake of Leeds (Lab)
- Hansard - - - Excerpts

I thank everyone for their contributions in this really important area. I join noble Lords in raising concerns about the impact of the Bill on the qualifications of those who already live and work in the UK.

I thank the noble Lords, Lord Patel and Lord Hunt, and the noble and learned Lord, Lord Hope, for signing my Amendment 60. Their expertise, especially in the medical and legal professions, has been incredibly helpful for this debate and for my first amendment to a Bill in this House. I could not be more appreciative of such cross-party support. I share the intention behind Amendment 37 and thank the noble Lords, Lord Palmer and Lord Fox, and the noble Baroness, Lady Bennett, for tabling it.

It is absolutely clear from the debate that we need to give those who already have their professional qualifications recognised in the UK certainty and confidence that this legislation will not affect them negatively, especially because, in many cases, the professionals and people working in these areas already live in our communities, have decided to call the UK their home and are people on whom all of us so often rely, particularly for our vital public services. This is especially true in the context of shortages, as the noble Baroness, Lady McIntosh, set out, picking up on the comments made by the noble Baronesses, Lady Fraser and Lady Finlay, about the whiff of doubt that exists at the moment.

We cannot repeat this frequently enough: last year, the number of non-British people here included 169,000 NHS staff in England, 122,000 staff on the Nursing and Midwifery Council’s register and 247,000 staff in social care. We are hugely grateful to all these key workers—especially for their efforts during the pandemic. As I said at Second Reading, we cannot clap for carers today then strip them of their qualifications tomorrow. We need to stand behind all these workers and want to do so side by side with Ministers.

In the Explanatory Notes to the Bill, the Government’s central promise was that

“nothing in the Bill prevents, qualifies or otherwise impacts the ability of those with existing recognised qualifications from continuing their areas of practice in the UK”,

but the Bill as drafted is currently silent on this. Therefore, Amendment 60 would write the Government’s own promise into the Bill. Surely the Minister will have no objection to accepting this simple but extremely important amendment. How can he guarantee protection of workers without it?

I am very grateful to the noble Lord, Lord Patel, for pointing out in conversation that many who have registration are not currently practising, and there needs to be reassurance for them as well. We have the opportunity to provide the certainty and confidence that all so richly deserve. Let us do what we can to provide the atmosphere of trust that we have mentioned today.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Palmer of Childs Hill, and the noble Baroness, Lady Blake of Leeds, for their amendments. I note that they are supported by several other noble Lords. Many noble Lords, including the noble Lord, Lord Purvis of Tweed, have spoken previously about the importance of ensuring that professionals who have already had their qualifications recognised in the UK should be able to continue to rely on those recognition decisions. I completely agree with this. Those professions make an important contribution to the UK, the individuals concerned are very valuable to us and I am happy to put that firmly on the record. That is why this Bill, and any regulations made under it, will not affect the status of those with existing recognised professional qualifications. As I will explain, we are in complete assuagement territory here, without there being a whiff of a doubt, and I hope I can demonstrate that clearly to noble Lords.

To explain fully, the Government secured provisions to protect existing recognition decisions in each of the UK-EU withdrawal agreement, the UK-EEA EFTA separation agreement and the UK-Swiss citizens’ rights agreement. EU-qualified professionals living or frontier-working in the UK at the end of the transition period who had their qualifications recognised by the relevant UK regulator will continue to have their recognition protected under the terms of the withdrawal agreement. In answer to the noble Lord, Lord Fox, those individuals will be on the professional register of the professions with which they are registered. This is of course a separate matter from any question of settled status in an immigration context.

There are similar provisions for holders of Norwegian, Icelandic and Liechtenstein qualifications under the UK-EEA EFTA separation agreement and for holders of Swiss qualifications under the UK-Swiss citizens’ rights agreement. Indeed, under that last agreement, Swiss professionals can continue to apply for recognition of qualifications under the current terms up until the end of 2024. These provisions have been given effect in the 2019 recognition of professional qualifications regulations, as amended in 2020 using powers under the European Union (Withdrawal Agreement) Act 2020. Clause 5 does not amend or affect the legislation which upholds the UK’s obligations under these agreements, and the UK will continue to protect the rights of these citizens.

The regulations which commence Clause 5(1) will include saving and transitional provisions. These will ensure that professionals whose qualifications were recognised from the end of the transition period to the point when the 2015 regulations are revoked are unaffected. The Government will consider carefully when to implement commencement regulations to support a coherent legislative framework, while also ensuring that decisions are taken at the right time for professions affected. This will support a smooth transition to the new framework for recognising overseas qualifications. These regulations will be laid before Parliament at a suitable time and not without the appropriate prior engagement with devolved Administrations, regulators and other interested parties. This also allows regulators time to transition from operating under EU-derived obligations to the new system suited to the needs of the UK economy. I hope this answers the point made by my noble friend Lady Fraser.

Additionally, the Bill does not change the status of any recognition arrangements that regulators have with counterparts in other countries. They can continue, and the Government are conducting extensive engagement with regulators to ensure that they understand the measures in this Bill. The Government will make clear in those interactions that the Bill will not affect in any way the status of professionals already practising in the UK. I hope this provides reassurance that the Bill is fully consistent with the intent behind these amendments, and that noble Lords therefore feel able not to press them.

--- Later in debate ---
Baroness Fookes Portrait The Deputy Chairman of Committees (Baroness Fookes) (Con)
- Hansard - - - Excerpts

I invite the Minister to reply to both speakers.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, these are both important questions which affect the rights of individuals, and so I will write to noble Lords on these matters to be crystal clear with my answers.

Lord Palmer of Childs Hill Portrait Lord Palmer of Childs Hill (LD)
- Hansard - - - Excerpts

My Lords, I thank all noble Lords for their contributions to this debate, which has been incredibly helpful. I particularly thank the noble Baroness, Lady Fraser of Craigmaddie, for introducing words like “whiff”, “processes” and “painless”. That is the whole point: this should be painless rather than putting things in people’s way. I thank the noble Lord, Lord Hunt of Kings Heath, who has noticed the similarity between expertise in the House of Lords and keeping the expertise in qualifications. I thank the noble Baroness, Lady McIntosh of Pickering, for her comments about making people welcome, and I thank the noble Baroness, Lady Finlay, for saying the same.

--- Later in debate ---
Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD) [V]
- Hansard - - - Excerpts

My Lords, it is a pleasure to follow my noble friend. She highlighted extremely well the nonsense in the Government’s proposals, which seek a faster-track application system and reduced fees for in-demand services, at the same time as recognising that the Bill itself will increase fees. I will make a couple of points in support of my noble friend’s case and that of the noble Baroness, Lady McIntosh. Some of us have not lost hope that a degree of pragmatism will still be found somewhere in the basements of Whitehall and that the Government can bring it up to see the light. If so, it would be in our self-interest and in the interests of our professions and public services.

On the first day in Committee, noble Lords discussed the Minister’s attempt to read a degree of revisionism into the position of the UK and the EU in forward-looking negotiations and the withdrawal agreement. For the benefit of the Committee, the UK’s negotiating document called for “a framework” for the relevant authority of a profession in a jurisdiction. The EU’s response, in paragraph 43, referred to

“a framework for negotiations on the conditions for the competent domestic authorities”.

There really was not much between the two after the UK Government said that they wanted a Canada-style agreement. The EU said, “You will have it”, and we have such an agreement, with increased burdens and complications and the UK having to negotiate with each individual member state. That is the impression given by the Government’s impact assessment, which says that it gives us a competitive advantage and our professionals an advantage over others. However, we seem to hear from the Government that they are now quite open to a Europe-wide mutual recognition system. The Minister is being coy: this is an opportunity for him to be abundantly clear on whether the UK would favour—continues to favour, if his argument is to be believed—a Europe-wide system.

My noble friend Lady Randerson pointed out why it is in our interests to hit the pause button and not inflict more damage. The regulated professions database, which the Government have cited in the Bill’s accompanying documents, makes the case for us. Its records go back to 1997-98 and the number of UK doctors since then who have had their UK qualifications recognised in all European countries—the 27 and the smaller number before enlargement—is 2,468. In that period the UK has recognised 32,412 to work in our health service. The figures for civil engineers were 550 from the UK working in Europe and 1,227 Europeans in the UK.

For UK nurses going abroad, the figure is 4,570, while for EU nurses with recognised qualifications working in the UK over the period it is 47,000. If you take out Ireland—to which 3,850 UK nurses went, while Europe had 3,355 coming in—700 British-recognised nurses went to Europe to work, against 44,000 Europeans working in our health system. It is abundantly clear that these difficulties, which will continue, are putting pressure on our services which the Government say the Bill is meant to counteract.

The worst example I have found, however, is in social work. It is clear from government statements that there is a shortage in the profession. This database shows that over the same period, 63,000 British social workers’ professional qualifications have been recognised abroad, while in the UK we have recognised 201,000 from the 27 and their predecessors.

It is perfectly clear that we are creating a major problem in our labour market. The Government themselves have said in a Home Office statement that they forecast a 70% reduction in new applications. So the reason the noble Baroness, Lady McIntosh, is correct to say that there should be a degree of pause is that we have damaged the reputation of those who have worked here already, we have stopped that trajectory and, as I said, we are forecast to cut it by 70%. That will never be compensated for by those coming from other countries through some of those mysterious mutual recognition agreements that have not even been negotiated yet. I do not know what the Government’s view is on solving this problem of demand. The Bill will not do that and they need to set out what the solutions will be. At the very least, there could be a degree of common sense so that we do not halt all the benefits that the UK has at the moment and hit the pause button. For that reason, I support the amendment.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, the core purpose of the Bill is to update how regulators recognise professionals whose qualifications and experience have been gained overseas, reflecting our status outside the single market and our global outlook. Clauses 5 and 6 are part of the means of doing that. I note that my noble friend Lady McIntosh of Pickering has given notice of her intention to oppose Clauses 5 and 6 standing part of the Bill. I hope that over the course of my speech I can change her mind. Noble Lords have raised a number of detailed technical points in this short debate, and I will obviously write to them on those points of detail, to the extent that I do not answer them fully in my response.

Clause 5 revokes legislation that places obligations on regulators to recognise professional qualifications in line with the systems that were in place when the UK was a member of the EU. Clause 6 complements Clause 5 by providing a power for modifications to be made to other retained EU recognition law to cause it to cease to have effect. The current arrangements for the recognition of professional qualifications were an interim system put in place to provide essential continuity immediately after the transition period. They were never meant to be permanent, nor do I believe that they should be. Legislation that obliges regulators to offer unreciprocated recognition to European Economic Area and Swiss-qualified professionals in the UK, often preferentially, is clearly not appropriate going forward. That is why Clause 5 will revoke the 2015 regulations.

Clause 5 also provides a power for consequential amendments to be made to other legislation, in particular corrections to cross-references or imported definitions. I hope noble Lords will appreciate that this will require a level of detail that would be set out more appropriately in secondary legislation. It will also enable the devolved Administrations to modify legislation that falls within their devolved competence.

We believe that there are benefits to all four corners of the UK from having a global outlook to the recognition of professional qualifications. We have not placed an obligation on the devolved Administrations to use this power because we trust that they will make decisions that will allow the new framework to operate effectively, including revoking any remaining legislation no longer compatible with our new status outside the EU single market. As we make these changes, we will work with interested parties, such as the devolved Administrations and regulators, to make sure that they work for the professions concerned.

Clause 5 will come into effect only through commencement regulations. These regulations will include saving and transitional provisions ensuring that professionals recognised before the revocation are unaffected—a point that we discussed in one of our earlier debates. The savings also ensure that any ongoing applications made before revocation would be treated under the rules of the interim system, which means that applications in the pipeline will continue to be considered.

The Government will consider carefully when to implement commencement regulations to support a coherent legislative framework while also making sure that decisions are taken at the right time for the professions affected. I assure noble Lords that we will not rush this. We will think about it carefully, and the commencement regulations will be brought in when we think it is the right thing to do, taking all this into account. This will support a transition to the new framework for recognising overseas qualifications. These regulations will be laid before Parliament at a suitable time and—I assure my noble friend Lady McIntosh—not without the appropriate prior engagement with the devolved Administrations, regulators and other interested parties. This also allows regulators time to transition from operating under EU-derived obligations to the new system suited to the needs of the UK’s economy going forward.

I turn now to Clause 6, which complements Clause 5 and enables modifications to be made to other relevant retained EU recognition law to cause it to cease to have effect. This is legislation which provides for, or relates to, the recognition of overseas qualifications or experience for the purpose of determining whether individuals are entitled to practise.

In providing for the revocation of this EU law, your Lordships have just heard me say that the Government are committed to their existing obligations to implement the provisions in the UK-EU withdrawal, EEA EFTA separation and Swiss citizens’ rights agreements with regards to qualification recognition. I reassure noble Lords, as I did in a previous debate, that Clauses 5 and 6 do not amend the UK’s obligations under these agreements, nor do they prevent regulators setting up or continuing routes to recognition for professionals with overseas qualifications in line with other existing powers.

Clauses 5 and 6 are essential for paving the way for the introduction of the framework I have set out. I commend that these clauses should stand part of the Bill.

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

This is not funny, because the Government are trying to micromanage the skills of this country, and it is truly absurd that we should be debating this and a shame that the Government have got themselves into this position. This letter is indicative of a failure of precision and a lack of detail. The Minister stood up and said that the Government need the Henry VIII powers because they are unable to foresee the future. They actually need these powers because they are unable to describe the present and need this to retrospectively fill in the gaps that the Bill will almost certainly leave because of that lack of precision and the failure to understand the detail.

I am sure the Minister’s ambition when he first heard about the Bill was to take it through this House as quickly as possible and get on with what he considers to be the other more important parts of his job. It is clear that the Bill came before him very late in the drafting process, by his own admission. But it is now very hard to see how anything we can do to the Bill makes it fit to leave your Lordships’ House. The comments from all Benches about having a hard, long look at this before it goes any further are very wise advice to the Minister.

Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, I thank noble Lords for the comments in this debate, which, as they may imagine, I have listened to with a certain lack of enjoyment. If I may, I will come back to the substance of that later.

I thank my noble friend Lady Noakes and the noble Baroness, Lady Hayter of Kentish Town, for their Amendments 45, 46, 63 and 68, which concern the regulators that the Bill applies to, as well as the duties on those regulators to publish information. I will start with Amendment 45, which concerns Clause 8 and the duty of a regulator to publish information on requirements to practise. We might remind ourselves of the purposes of this clause. Clause 8 is first and foremost about increasing transparency. It does this by requiring regulators of professions in all parts of the UK to publish information on the entry and practice requirements of professions. This is in direct response to our evidence-gathering. We found a complex regulatory landscape—I think the whole Committee would agree with that—which is difficult for professionals and aspiring professionals to navigate. Some regulators already publish the information listed in Clause 8, and those that do not should be able to prepare it within the six months of lead time set out in the commencement provisions relating to the clause.

The amendment’s explanatory statement by my noble friend Lady Noakes helpfully clarifies that “persons” means “professional bodies”, but I remind the Committee that many professional bodies regulate on a voluntary basis and not by law. The core principle of the Bill—I will come back to this again later—is that it applies to those regulators which are regulated by law in whole or part. The Bill does not apply to many of them because they regulate on a voluntary basis and so fall outside the duty to publish information under Clause 8. The amendment could create new burdens on bodies not covered by law in any other way.

Moreover, Clause 8 already makes provision, where there is more than one regulator involved in the regulation of a profession, for just one to publish the transparency information required. My noble friend Lady Noakes is seeking to provide for a similar effect with her amendment to a wider group of organisations in this space but, with all due respect, it is not necessary.

Amendment 46 concerns Clause 9 and the duty of a regulator to provide information when requested to a corresponding regulator in another part of the UK. This information helps regulators to check things like fitness to practise when a professional moves between jurisdictions within the UK. The amendment would apply these provisions to “another person or persons”—suggested in the explanatory statement to be professional bodies. Once again, this blurring of the nature of the bodies to which the Bill applies is unhelpful. Indeed, in this case it creates risks.

The clause places a specific duty on a defined regulator to make sure that important information is shared when requested. This might be critical to protect the public from harm. This amendment creates ambiguity around which body must fulfil the duty. It also introduces “must seek to ensure” into the provision. I do not believe this is enough. If there is more than one regulator or professional body involved in regulating a profession, then the law must be clear on who must provide the relevant information; it should be the regulator of the specific professional activity regulated in law. This is important to make sure necessary checks are done on professionals in a timely way. This clause is particularly important where a professional activity is regulated by different regulators in different parts of the UK. At our last count, the number of “corresponding” regulators this amendment would apply to was around 25. The provision in the clause is important, but any burden arising from it will be very limited.

I thank the noble Baroness, Lady Hayter of Kentish Town, for her Amendments 63 and 68, which seek to remove the definition of when a profession is regulated by law in Clause 16 and add a schedule listing the regulators to which the Bill applies. I think we have all learned things through the passage of this Bill. In particular, I have learned that a definition which was apparently clear-cut on when

“a profession is regulated by law”

has taken this amount of time to establish.

As the noble Baroness said, the list in the proposed schedule in her amendment is the same as the list of professions and regulators in the letter which I placed in the House of Lords Library on 24 May. Actually, I indicated at that time that this was not the final list:

“The following table is comprised of over 160 professions and more than 50 regulators that BEIS consider fall within this definition”—


the definition regulated by law—

“and is the product of engagement with other departments, regulators and external organisations. Please note that BEIS are still conducting assurance work to confirm the professions and regulators to which the Bill will apply … The list below should be considered indicative only.”

I think that was the appropriate health warning to put on that letter. A very detailed exercise has been going on across Whitehall to confirm who is covered by law, which, as I said earlier, one would have thought it would be straightforward to find out. A very detailed exercise has been going on to update that letter, which was indicative, and to make the letter I have now sent as accurate as possible—although even that letter may still need some updating around the margin going forward.

In order to achieve this list, we have had to work with a large number of government departments and the regulators. This thorough mapping of the landscape of regulated professions has not been done properly, I have written down here, “for far too long”. I wonder whether it has ever been done properly at all before now. Yet this list of regulators regulated by law was the list to which the European Union regulations applied. What has come to light, frankly, during this process, is that not all regulators have a copy of the list of the professions which they regulate. The list of professions attached to this list has come from the regulators and, quite rightly and properly, the GMC drew attention to the fact that some extra medical professions needed to be included in the list. Furthermore, not all departments had full visibility of which regulators that fell under their purview were covered by law.

I accept, without reservation, that it is not good enough that these lists have been incomplete and that noble Lords must have felt they were playing a game of blind man’s buff in trying to see who the Bill applies to. Of course, as a Minister on the Front Bench, it has been uncomfortable to sit here and listen to the quite reasonable points made by my noble friend Lady Noakes, the noble Baroness, Lady Hayter of Kentish Town, the noble Lord, Lord Purvis of Tweed, and others.

This list must be put into good shape. By the mere act of our working through this Bill and unearthing these matters—in the way that our House is here to do—we are doing a good job. The landscape is complex, but by the time we have finished the Bill, I believe we will have learned all there is to learn about regulated activities, and this rather technical matter about which regulators and professions are covered by law.

Since the first letter, there have been, as I have mentioned, some changes to the indicative list, with some more regulators coming on to it. We have now identified close to 60 regulators—I think it is 55 or 56 —and more than 190 professions as falling within the ambit of the Bill. I placed an updated list in the House of Lords Library yesterday. I thought noble Lords would congratulate me on working at the weekend on a Bill as important as this; I now have almost perfect knowledge of when noble Lords eat their lunch on a Sunday. I have asked my officials to keep the list under review as they continue their work with national authorities and regulators. Certainly, I would not want to be the Minister who took this Bill forward without knowing to whom it applied. I will, of course, inform noble Lords if further updates are made.

Actually, the vast majority of the professions and regulators contained in the indicative letter I shared on 20 June are the same as those I shared in the indicative letter of 23 May. As I said, we have done further work with departments to assess where existing legislation will mean that the Bill applies to certain professions and to determine the relevant regulators. This is detailed work that has drawn on expertise from many departments.

In answer to the point of my noble friend Lady McIntosh about animals—the virtual zoo to which she referred—whether or not an animal or a farmer falls under regulations that are governed by law is a matter for legislation that is owned by Defra, which at certain times in the past must have considered it appropriate to put an animal or an activity into its statutes. It is not something that I or my department have taken a value judgment on in relation to the list that should be included in the Bill.

--- Later in debate ---
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for that. Surely this is why we are going to have the assistance centre and why we are going to require regulators to publish on their websites what it takes to become a member of their profession. I say to the noble Lord that an apprenticeship is a qualification, and if the requirement to become a farrier is that you have to be an apprentice, it is quite right that the farriers should put that on their website. It should say how one goes about being an apprentice; it should not be something known only to a favoured few. Boys or girls who wish to become a farrier should have a place to go and find out how to do it.

The Bill will open up, for the first time, for this list of professions—which nobody has pulled together and done the work on—whether you have to have qualifications or apprenticeships to do them. It will make that publicly accessible, and that will be a good thing in encouraging our people—young, middle-aged and old—to a route if they want to qualify and join these professions.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

I think I am in even greater despair now than I was before the Minister responded. Is this a “better regulation” Bill or is it about recognising incoming professionals from other countries, who can then have the right to practise here?

I find some of the Minister’s words extraordinary: he said that he felt uncomfortable, that he has apologised and that he has eaten humble pie. I thought he was leading up to saying, “And therefore we will, if you don’t mind, put your amendments to one side and come up with our own words”. I thought he was leading up to saying, “Actually, you’ve got it right”. Because he also said that—I am not very good at writing quickly, so I may not have got it quite right—as a Minister, he needs to know to whom the Bill applies. But so do the professions: the farriers, the pig farmers and the chicken farmers, abroad or here, need to know, because this is all about bringing people here from another country. It is not about our sixth-formers wanting to know, if they want to become a professional, whether they should do an apprenticeship, go to university or go to a college of further education. It is not about that.

I think it was this Government who set up the Better Regulation Task Force, or maybe it was ours. Perhaps my noble friend Lord Hunt will help me.

--- Later in debate ---
The specific question I want to ask the Minister is this. He said that his colleagues have now contacted, or been in touch with, all the new regulators whose names appeared in the new list. Perhaps he could feed back to us, either in a letter or in some other way, what the responses were from those regulators—who were contacted only late in the day—and whether they were content to be there. I really urge him to think very hard about putting a very powerful Bill on the statute book without even his advisers, let alone us, knowing who is covered.
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Baroness for her comments. Of course, it goes without saying that I always listen to the noble Baroness’s comments very carefully and take them away for consideration. The best advice I can give her about what this Bill is about and what is covered is to refer her to the Explanatory Memorandum on the Bill.

Baroness Noakes Portrait Baroness Noakes (Con)
- Hansard - - - Excerpts

Well, my Lords, that rather took my breath away—and doubtless the breath of everyone else involved in this Committee. I am sure that my noble friend the Minister will want to reconsider his advice to the noble Baroness, Lady Hayter, on that point and perhaps write to her.

I certainly want to thank all noble Lords who have taken part in this debate, which has been an extremely important one. I pay tribute to my noble friend Lord Moynihan for his ingenuity in bringing forward the very real issues related to British ski instructors under BASI, but I do not think that they quite fit in this group of amendments. Nevertheless, it was good to have those issues raised again.

I will deal with my two amendments first. My noble friend said that the amendments were not necessary. I do not think he was listening to what I said about the accountancy, auditing and other related professions such as insolvency practitioners, what the noble Lord, Lord Patel, said about the medical profession, or what the noble and learned Lord, Lord Hope of Craighead, said about the legal profession in Scotland. People who understand about professions think that this is important.

My noble friend said that this is not necessary. Of course, it is not necessary: the burden of my argument was not that this is necessary but that it is not desirable to require regulators who do not, by the nature of what they are doing, hold lots of information, to duplicate that information within their systems and on their websites. I hope that my noble friend will look carefully at what other noble Lords have said. I am happy if he ignores me, but if he would listen to what other noble Lords have said on these issues, he will see that there are some very real problems in there. The fact that a regulator might need to point to what is on a professional regulator’s website or to information that a professional body has, rather than the regulator, does not seem to me to be an impediment, nor does it muddy up his precious concept that this Bill applies only to professions regulated by law. I therefore hope he will think about that again before we get to Report, because otherwise I think I shall probably bring these back at that stage.

We obviously had a lot of discussion on the list, and it is clear that it is still very much a work in progress, as my noble friend the Minister has said. I was really quite surprised to find the concept of some form of regulation being equal to professional qualifications. I never thought that this Bill was about an activity being regulated, but that now seems to have come within the purview of this Bill. It has changed for me the concept of what this Bill is supposed to be about.

I do not think the list is complete. For example, under “Professional business services and administrators of oaths” the only regulator that is cited is the Institute of Chartered Accountants in England and Wales. Actually, I did not know that chartered accountants were administrators of oaths, but I will bet you a penny to a pound that there are many other professional bodies that are regulated for the administration of oaths and it is not just the ICAEW. So we might say that even this latest list is perhaps not worth the paper that I have printed it out on.

It is not just about the completeness of the list; it actually goes to the heart of this Bill. BEIS did not consult on this Bill or any policy proposals. All it did was issue a rather strange call for evidence, some of the replies to which were really rather thin, and it then worked out its own policy and put out a statement of policy at the same time that it published the Bill. We have been aware for some time that a number of the professional bodies have been behind the pace on whether they are covered by the Bill and how it will affect them. Some are not even particularly well aware of it. My noble friend said that his officials were now reaching out to all these other bodies that they are now starting to bring within the net of the Bill, but that does not take the place of proper consultation on what is in this Bill, how it applies to a number of professional activities and whether we actually have a solution that is robust and deals with all the practical issues that arise with respect to professional bodies. As we have heard, each of the major professions has its own set of idiosyncrasies, and that is quite likely to continue.

My own view, and I think that of the noble Baroness, Lady Hayter, is that we will need a list on the face of the Bill for all the reasons that she said a few minutes ago. It is not enough to have a definition-based approach, and I was glad that my noble friend said that he would consider that further. We will return to all of these issues again at Report, but for now, I beg leave to withdraw the amendment.

--- Later in debate ---
Baroness Fookes Portrait The Deputy Chairman of Committees (Baroness Fookes) (Con)
- Hansard - - - Excerpts

The noble Baroness, Lady Blake of Leeds, has been forced to withdraw, owing to a connection problem—I am sure that we can all sympathise with that—so I call the Minister to reply.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank noble Lords for their contributions on Clause 9. In answer to my noble friend Lady McIntosh of Pickering, we are not relying on EU data to work out the coverage. As we discussed at length earlier, the EU data is incomplete, which is why it has been necessary to go back to departments and source regulators to try to complete it. On her point about round tables, I would be more than happy to do that, and I will ask officials to work out with me what series of round tables would be useful and whom they would involve.

In answer to my noble friend Lady Noakes, I will have another look at the impact assessment to make sure that it still fully represents the situation, and I will write to her and other noble Lords if I feel that it does not.

Several noble Lords have previously commented positively on the commitment to ensuring the sharing of information between equivalent regulators in the UK. Of course, I am in complete agreement with that; that is why I believe that this clause is so important. My noble friend Lady McIntosh of Pickering has indicated that she intends to oppose this clause, but I hope to convince her to support its inclusion in the Bill.

Let us remind ourselves that the clause’s purpose is to ensure that regulators in one part of the UK provide relevant information about individuals who have been recognised in that part of the UK to regulators of a corresponding regulated profession in another part of the UK, where required. This is important. Although existing voluntary arrangements work well in certain cases, in answer to the point made by my noble friend Lady Noakes, they do not always work well, I am told, and this Bill’s provisions will ensure consistency. They will give greater confidence to regulators that they can access necessary information where required and pass it on to the corresponding regulator to ensure that a professional is qualified to practise in that part of the UK. I do not think that the fact that it may work smoothly now with some regulators takes away the need for it to be made to work smoothly with all regulators.

To put a little more context around the discussion, noble Lords have spoken a number of times during debates on the Bill about certain professions falling within devolved competence. Some of the professions have different regulators in different parts of the UK, of course. If a professional whose qualifications are recognised in one part of the UK wishes to practise in another, and his profession is one of those that falls within devolved competence, it follows that the regulator in the second part of the UK will need to consider whether that professional is rightly qualified to practise in their jurisdiction. To that end, the regulator will need to access information about the individual’s qualifications, experience, fitness to practise and, if applicable, any evidence of malpractice. This is why, during the application process for recognition but also beyond—such as if a malpractice case comes to light following recognition—these regulators find themselves needing to share information.

As I have said, I understand and acknowledge that, in several cases, this kind of information sharing already takes place, such as in the teaching profession, where the General Teaching Council for Scotland, the General Teaching Council for Northern Ireland, the Education Workforce Council and the Teaching Regulation Agency all share information with each other. However, although there are existing sharing obligations in some sector-specific legislation, this differs between professions. It can even vary within professions. So, again in answer to my noble friend, this clause therefore brings consistency.

Let me be clear also that I do not believe that this is unnecessary red tape. It does not put an unreasonable duty on regulators. The information required to be shared in this clause is limited to information held by the regulator about the individual and would not require a regulator to procure information it does not already hold. The information sharing that this clause requires of regulators delivers many of the purposes of regulation that your Lordships’ House has highlighted during these debates, such as protecting consumers and public health, by making known to regulators those individuals who have not upheld our high regulatory standards.

My noble friend Lady McIntosh of Pickering brought to the attention of the House that legal services and systems of course have distinct natures in the different parts of the UK. She suggested that

“there are sufficient differences between these legal systems to warrant an exclusion from the provisions that create greater regulatory integration of other professions between the UK’s composite parts”.—[Official Report, 9/6/21; col. 1481.]

I want to be clear that this clause already recognises that professions are regulated differently in different parts of the UK. Indeed, its very purpose is not to undermine this but to ensure that information flows effectively when there is a need to do this. To exclude legal professions would not only confuse the scope of the Bill but exclude from this clause the range of legal regulators that for the most part regulate separately across the UK and will therefore require information on professionals whom they do not regulate.

I hope that I can assure noble Lords completely that legal regulators will still operate completely autonomously to make decisions about who practises within their jurisdiction. My officials have engaged closely with legal regulators and the Ministry of Justice in developing these proposals. The Bar Standards Board, the Solicitors Regulation Authority and the Chartered Institute of Legal Executives were content to be included in this clause specifically.

As my noble friend acknowledged, the Law Society of Scotland described the provisions in it as

“reasonable for the most part.”

Its specific concerns were around data protection—my noble friend Lady McIntosh reiterated that today—which we fully considered in an amendment that we debated on day 2, to the satisfaction of the House. The clause is explicit that the information required to be shared does not require any disclosures that would contravene data protection legislation. This should help the Law Society of Scotland in that regard.

The provision in the clause is required for the good reasons I have set out here, but the extent of concern around its potential impact is perhaps not. As I noted in my comments on Amendment 46—this is in direct response to my noble friend Lady McIntosh—we estimate that the number of corresponding regulators covered by this amendment is around 25.

Clause 9 will facilitate and support greater co-operation across the union and give confidence to regulators, professionals and consumers that professions are regulated appropriately and effectively across our United Kingdom. It gives a legal underpinning to co-operation that already works well in some cases but at the moment ultimately relies on good will. I hope that my noble friend will feel able to withdraw her opposition to this clause standing part of the Bill.

Baroness Fookes Portrait The Deputy Chairman of Committees (Baroness Fookes) (Con)
- Hansard - - - Excerpts

I have received requests to speak from the noble Lord, Lord Hunt of Kings Heath, the noble Lord, Lord Fox, and the noble Lord, Lord Purvis of Tweed. I first call the noble Lord, Lord Hunt.

--- Later in debate ---
Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
- Hansard - - - Excerpts

My Lords, I support the noble Baroness, Lady McIntosh, in her request for a round table with regulators between Committee and Report. That would be very helpful indeed.

I just want to ask the Minister about Clause 9. I remind the House of my membership of the GMC board. The Minister will know that, particularly in the health sector, there are regulators that currently regulate for the whole of the United Kingdom, but the devolved Administrations could decide to take over regulatory authority if they wished under the legislation that led to the devolved Administrations; that is particularly the case in relation to Scotland. That being so, will this clause apply to the interrelationship between the regulators in both countries? If the answer is yes, that makes the case for this clause because, clearly, one of the issues relates particularly to the National Health Service. Although it is run by four different government departments, none the less it has some UK-wide characteristics. The key one I believe is an ethos, but secondly there is the ability of staff in the NHS from the different countries to cross the border without any problem in relation to qualifications.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for his question. Again, I repeat that I am very happy to hold round tables on this, as necessary.

On the noble Lord’s particular point, if a new separate regulator was set up that fell within the definition of a corresponding regulator for the purposes of this Bill, Clause 9 would automatically apply to it and the information sharing would happen in that way.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

My Lords, I am getting more confused; I am Confused of Wherever. When we set out on our journey on this Bill, the Minister was clear that this was about the mutual recognition of qualifications between different regulatory countries and repealing certain aspects as a result of Brexit. Since then, in the debate on a previous group, the Minister talked about recruiting people into skills, which was not in the initial remit, and now we seem to have strayed firmly into the territory of the internal market Act. Most of the people in this Chamber sat through the happy hours of the then internal market Bill, which was there to do the things that the Minister has just talked about. It seems to me that we are conflating lots of different objectives, the reason being that, once again, if you read the title of the Bill, it can be almost anything you want, and, because of the Henry VIII powers, you can do almost anything you want. Things keep changing. The furniture keeps getting moved. So can the Minister please reassert the focus of this Bill so that I can perhaps knuckle down under his iron will and we can get through it?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord. When I earlier impolitely snapped at the noble Baroness, Lady Hayter, and said to read the Explanatory Memorandum, I was not saying that with any disrespect. This Bill, as we have just acknowledged, is about professional qualifications. It has a broad long title and one sees from the Explanatory Memorandum that it covers a number of matters that affect regulators and professional qualifications, additional to the mere mutual recognition of professional qualifications from overseas. You could easily say that Clauses 1, 2, 3 and 4, allowing recognition arrangements, are the heart of the Bill. But at the same time, as I said—and we have obviously not tried to hide this, as it is stated in the Bill—it covers various other matters in relation to regulators in the United Kingdom.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
- Hansard - - - Excerpts

My Lords, the point from the noble Lord, Lord Fox, about the internal market Act remains valid. An entire part of that Act, Part 3, relates to professional qualifications. Under this Bill, a UK resident will be someone who, under a trade agreement, is entitled to practise. Under the internal market Act, that qualification is automatically recognised in another part of the UK, other than for those professions that are excluded. Can the Minister be very clear? Where does Clause 9 sit in relation to the internal market Act, given that that Act requires automatic recognition for a person’s qualifications in another part of the United Kingdom? Is it not just more bureaucracy, as has been suggested?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord for that question. The way I see it is that the UKIM Act introduced a principle of automatic recognition of professional qualifications gained in one part of the UK, as well as provisions for the equal treatment of individuals who obtain their qualifications in a particular UK nation and those who obtain theirs in other parts of the UK. Clause 9 merely supports professionals as they seek recognition in another part of the UK by providing a legislative underpinning to information shared by regulators with their counterparts in another part of the UK. This is entirely about information sharing. It is not about the recognition of professional qualifications.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
- Hansard - - - Excerpts

My Lords, I am grateful to noble Lords who have spoken at various stages of the debate. I want to clarify at the outset—and I am sorry if I was not clear—that I was in no way calling for an exclusion of the legal profession. I clearly stated that my experience is most familiar with the legal profession because I am a non-practising member of the Faculty of Advocates. I simply asked how many regulators will be covered by Clause 9, and my noble friend was kind enough to answer that he thinks 25 regulators will be covered by it. I asked for specific examples of where the Government think Clause 9 provides a solution to a particular problem.

I have to say that, from the questions raised by the noble Lords, Lord Fox and Lord Purvis, I am even more confused now than I was at the beginning of the debate as to the relationship of this clause to this Bill and the relationship of this clause to the internal market Act, which I sat through and contributed to on this specific theme. If anything, my noble friend has confirmed my understanding, and that of my noble friend Lady Noakes. I am most grateful again for her eloquence in stating her own view as to why Clause 9 is perhaps not necessary. My understanding is that the regulators are already communicating in the way that they should.

The noble Lord, Lord Hunt, made an argument as to why Clause 9 might be needed in one specific aspect, but I think that would have been covered in any event under the relevant provisions of the internal market Act.

I am grateful to have had the opportunity to debate this. I would just like to add a word of caution to my noble friend the Minister. The Explanatory Memorandum is not entirely clear in every particular. I refer to Clause 3 —not that we are debating that at the moment— and particularly paragraph 32 on page 6, which I think raises more questions than could possibly be answered.

This is something that I will keep under review for the next stage. I am not entirely convinced as to why Clause 9 is in this Bill, but, for the moment, I will not press my objection.

--- Later in debate ---
As the noble and learned Lord, Lord Thomas of Cwmgiedd, says, without a change to the powers in the Bill, this will allow for no detailed parliamentary scrutiny of the implementation of the secondary legislation that will fall as a result of those new trade deals. They could be in areas of really significant, independent professional standards, so there is real concern here about the powers that are granted to Ministers in Clause 13.
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I note that the noble Lords, Lord Hunt of Kings Heath, Lord Fox and Lord Patel, have stated their intention to oppose that Clause 13 stands part of the Bill. The purpose of Clause 13 is to clarify and set out the parameters of the delegated powers in the Bill. Without it, there would be uncertainty about the limits of the powers in the Bill. Appropriate national authorities could have more, not less, discretion over how they make regulations under this Bill. For example, without Clause 13, the limits placed on the power to make regulations in Clause 10, which can amend the duty to provide information to overseas regulators, would no longer apply. The regulation-making powers could potentially be interpreted more broadly. On this point, the DPRRC observed that the power in Clause 10, which is described in Clause 13 as presently drafted, was an appropriate use of delegated powers. I do not believe that introducing uncertainty in the use of the powers under the Bill is the outcome noble Lords are seeking to achieve.

The debate, rightly and properly, has often returned to the DPRRC’s report on the Bill and its recommendations about the broad powers in the Bill. I respect and understand the points made by the DPRRC and by noble Lords during the Committee proceedings. I particularly noted the comments made by the noble Lord, Lord Hunt of Kings Heath, in this regard, supported by the noble and learned Lord, Lord Thomas of Cwmgiedd. The challenge we face, and I know I have said this previously, is that the existing legislative frameworks across numerous regulators include a mixture of primary and secondary legislation, so national authorities may require the ability to amend both primary and secondary legislation. I recognise the concern that noble Lords, including the noble Lords, Lord Patel and Lord Purvis of Tweed, and the noble Baroness, Lady Hayter of Kentish Town, have about the Henry VIII powers and the important comments made by the DPRRC. I will ensure that on Report I give as full an explanation as I can of why I believe those powers are necessary. I will not attempt to answer the legal points raised by the noble Lord, Lord Davies of Brixton, now. If I may, rather than doing it from the Dispatch Box, I will write to him, copied to other noble Lords present today.

I believe that if we are to move forward and put some greater coherence into the legislation surrounding professional regulators regulated by law in the UK this is the only route open to us. It allows us to provide for the implementation of international agreements of professional qualifications or to introduce routes to recognise qualifications from around the world in areas of unmet demand. The powers have also been designed to allow for flexibility to meet future needs. Of course I understand that noble Lords are worried about anybody at this Dispatch Box using the word “flexibility”. This is why I will have to explain as fully as possible how these powers will be used.

These future needs may be the terms of future trade agreements or changes in demand for professions in the UK. Clause 13, as drafted, allows appropriate national authorities to act expediently and in a proportionate manner through statutory instruments. These statutory instruments will of course be held to the rigorous scrutiny of the appropriate legislative process and will be informed by intensive engagement and, I can absolutely ensure my noble friend Lady McIntosh of Pickering, consultation with interested parties. Regulations made under this Bill—and I know this was a concern of the noble Lords, Lord Purvis and Lord Fox—will not cut across reforms to specific professions where they are also being taken forward. For example, DHSC’s consultation on proposals to modernise the legislation of healthcare professional regulators closed last week. If legislative changes are needed as a consequence of that reform programme, the intention is to use the existing powers under health legislation.

I hope that I have offered some reassurance about the intention behind the delegated powers in the Bill and I will, of course, continue to reflect on the points raised during the debate. I will see what I can do further to explain the rationale for these powers, but I do not believe that removing Clause 13 would address the concerns raised. I hope that the noble Lords feel able to withdraw their opposition to Clause 13 standing part of the Bill.

Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
- Hansard - - - Excerpts

I have received one request, so far, to speak after the Minister. I call the noble Lord, Lord Purvis of Tweed.

Lord Purvis of Tweed Portrait Lord Purvis of Tweed (LD)
- Hansard - - - Excerpts

My Lords, I am grateful to the Minister for indicating that we will have more information on Report, but we have been asking some questions of concern since Second Reading, so I think the very least the Minister and the Government can do before we start Report, and indeed before the deadline for amendments on Report, is to provide information. Otherwise, it is pointless once we are on Report.

My question follows up a question from the noble Baroness, Lady Hayter, on trade deals to which the Minister referred. In an earlier group, in response to a question I had about legal services in the Australia deal, the Minister categorical ruled out that there would be mutual recognition of lawyers in the Australia deal to try to allay my fears that it would override the internal market Bill. The attachment in the Minister’s letter to me, which is about the agreement in principle, has a specific paragraph:

“Legal services provisions which will both guarantee that UK and Australian lawyers can advise clients and provide arbitration, mediation and conciliation services in the other country’s territory using their original qualifications and title”.


If that is not a new agreement on professional qualifications that will have to be implemented by this legislation, in which the Minister is intending to using a Henry VIII power rather than primary legislation under previous commitments, how on earth can we trust any other commitments about intent from the Dispatch Box?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank the noble Lord, Lord Purvis, for that. I really believe that we have to wait until we see the detailed text of the Australia FTA, which will be subject to proper scrutiny. I think if there is one thing that the noble Lord and I agree on, it is the need for proper scrutiny of free trade agreements once the text is available. Trying to debate these free trade agreements purely on the basis of brief references to what they say is not something that I believe either he or I would feel is satisfactory.

Coming back to his earlier point, I will communicate with noble Lords as fully as can before Report on the matters to which he referred.

Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
- Hansard - - - Excerpts

I have received one further request to speak after the Minister, from the noble Lord, Lord Lansley.

Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, I welcome what my noble friend had to say about returning to this issue on Report. When we do, given that, as the noble Lord, Lord Fox, said, it is our anticipation that future free trade agreements will be implemented in primary legislation, would my noble friend at that time also give us a guarantee that, where there is a choice between using primary legislation to make the necessary legislative changes to implement an international recognition agreement and using a power under this Bill, the Government will use the former to allow this House to scrutinise it in more detail?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I thank my noble friend for that comment. As we know, these questions are difficult to answer in the abstract. What I can say is that, where primary legislation is needed, it will be used. I do not think that it is reasonable to ask me to define which aspects will be covered by primary legislation at this stage for agreements that have not yet been finalised.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
- Hansard - - - Excerpts

My Lords, this has proven to be a very interesting debate, and it has moved us on a little. The noble Lord, Lord Patel, was very clear about why we are concerned about the use of Henry VIII clauses. He should take the noble and learned Lord, Lord Thomas, saying that he could not better his words as a pretty good compliment.

It seems to me that there are two things here. The first is the actual wording of Clause 13. My noble friend Lord Davies did a great service when he went through it. I reread it and, frankly, found it very hard to understand. When the noble and learned Lord, Lord Thomas, also says that he does not fully understand Clause 13, I suspect that that means that no one does, except perhaps one parliamentary counsel and possibly an official in the noble Lord’s department who issued the instructions. The fact is that this is poor legislation if it is almost impossible to work through what this clause actually means.

At heart, this is not just an academic debate. The noble and learned Lord, Lord Thomas, put his finger on it when he said that at the heart of this is the independence of our professions. One of the great successes that we in the UK enjoy, both in terms of prestige and financially, is the way in which many of our senior professions are viewed globally. The independence of those professions is one reason why that is so. That is what makes the Bill so important and why we are all rather worried about the current situation with it.

My noble friend Lady Hayter said that, if we leave it as it is, we are leaving any changes in the future without sufficient parliamentary scrutiny. The noble Baroness, Lady McIntosh, asked for draft regulations; I do not think that she received an answer to that, but it was a very important point.

The Minister has promised a full explanation on Report, which we will now get earlier, but he needs to come forward with changes to the Bill because it will clearly not get through after its current process through your Lordships’ House. There is a question for noble Lords generally about what to do with it.

The noble Lord, Lord Lansley, asked a pertinent question in relation to trade deals and the Government’s preference for primary or secondary legislation. The Minister answered him very carefully by saying that there would be primary legislation when needed, which is not quite the answer that I think the noble Lord was seeking. Of course, he had an earlier amendment that seeks to deal with this in one way; I have a sunset clause, which is another way of dealing with the problems in the Bill. There may be other approaches, but, between now and Report, we have to do something to protect the independence of our professions and Parliament’s role in scrutinising the provisions in the Bill.

--- Later in debate ---
Baroness Blake of Leeds Portrait Baroness Blake of Leeds (Lab)
- Hansard - - - Excerpts

I thank my noble friend Lord Hunt and the noble Lord, Lord Patel, for tabling Amendment 59. A four-year sunset clause is an interesting proposal, given the wider concerns that keep coming up throughout these debates: how quickly the Bill has been put together, the lack of thinking through of all the elements, and the concerns just raised by the noble Lord, Lord Fox.

Have the Government considered a mechanism for reviewing the Act’s effectiveness and, if so, what sort of review is the Minister proposing? I hope he will acknowledge the lack of confidence that has been expressed from all sides of this Chamber. I finish by asking the Minister to explain why the Bill’s provisions should last longer than four years, without a review mechanism.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Hunt of Kings Heath, for his amendment and the noble Lord, Lord Patel, for the views he expressed.

The amendment would impose a time limit of four years on appropriate national authorities making regulations under this Bill, once enacted, and regulations already made under the powers in the Bill would expire the day after that four-year period is completed. Of course, this is familiar to many as a sunset clause. However, sunset clauses are typically insurance policies against powers that, at some point in the future, may be no longer suitable to deliver the policy aims which required the legislation to be made.

The Trade Act, which we have heard referred to by a number of noble Lords, with its rollover of international agreements to be replaced in due course, is an example of legislation in which a sunset clause that can be renewed by Parliament is appropriate. However, this Bill and the delegated powers within it are drafted deliberately to endure, futureproof the legislation and provide flexibility to make necessary changes over time. I even like to think of the Bill as having a sunrise —not sunset—effect because it is intended to help our professionals enter new markets and deliver a global Britain, having ended the one-sided, EU-derived temporary arrangements. I therefore feel that a sunset provision is at odds with the purpose of the Bill.

Returning to debate a new professional qualifications Bill in four years’ time because this Bill no longer provides for that flexibility, would, I respectfully suggest, not be the best use of the expertise of this House. Of course, I have nothing against such clauses where they are appropriately used, but inclusion here would undermine the ability of the UK Government and devolved Administrations to respond swiftly to changing demands for services. It would potentially thwart the implementation of future regulator recognition agreements, which, as we know, may not in reality be implemented for some years after a free trade agreement is agreed.

There is also a risk that in providing for the expiry of regulations made under Clause 3 to implement international agreements, the UK may be left without provision upholding the commitments that we have made under those agreements, thereby placing us in breach of their terms. As I remarked to the noble Lord, Lord Purvis of Tweed, on day two in Committee, I believe that sunset clauses would not be appropriate in these circumstances. By sunsetting, we limit the opportunity for service trade and constrain regulators’ abilities to exploit opportunities with their international counterparts, for example through Clause 4.

The powers in the Bill are designed to support a flexible response as the regulatory landscape evolves over time. Curtailing the ability to do that through a time limit would put us into regulatory limbo rather than preparing us for the future. We know that the Bill will allow the UK to replace the interim system of recognition currently in operation. Stripping away regulation that the Bill creates to replace the EU system would only create a new gap.

Finally, if the intent behind this amendment is indeed to mitigate any potential misuse of powers, I reiterate that the powers detailed in the Bill are carefully tailored to its requirements; they are focused on a specific purpose. I believe that the reason why some noble Lords are arguing for a sunset clause is that they think it is a rotten Bill: “If we are not able to kill it off now, why not do so in four years’ time?” I prefer to share the ambition of the noble Lord, Lord Fox—I was pleased to hear him state it so clearly—that the Bill should leave our House in good shape, do what it is intended to do and be fit for purpose. On that basis, I hope that the noble Lord, Lord Hunt, will agree that a sunset clause is not appropriate and will consider withdrawing his amendment.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab)
- Hansard - - - Excerpts

My Lords, I am grateful to the Minister and to noble Lords who have taken part in this debate. The Minister is an eternal optimist and I liked his description of the Bill as a sunrise Bill. I say at once that I agree with the noble Lord, Lord Fox, that a sunset clause is not to be desired. The aim is to reach some consensus on the way forward. My reading is that the Minister is not going to get the Bill through at the moment, as it will be heavily amended on Report. This is a House of Lords starter Bill so the Parliament Act does not apply, and—

--- Later in debate ---
Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

My Lords, I have gone through the entire Committee session in complete agreement with the noble Baroness, Lady Noakes. Not a scintilla of difference has come between us all day. The fact that this amendment is signed by such a broad group of people indicates two things. One is that there is broad hope that we can get a Bill out of this process that we can live with. Also, this is the essential building block that has to start the process of creating a Bill that this House is much more comfortable with. As we have heard, the Minister has spoken time after time about the autonomy of the regulator. He cannot be faulted in the number of times he has said it. However, at no point is that autonomy echoed in the words of the Bill. That is what this amendment, very simply, seeks to do. As the noble Baroness, Lady Hayter, put it, it is to take the Minister’s words and to put them into the Bill. Without that insurance, as my noble friend Lord Purvis explained, that are plenty of ways that autonomy can be eroded and, indeed, set to one side.

My noble friend Lady Randerson, speaking to a previous group, explained that mutual recognition of qualifications takes years. It does not take years if it rides in on the back of a free trade agreement and overrides the rights and autonomy of our regulators. That is the fear that runs through all the people trying to correct this Bill. This amendment, or something that the Government pick up and make their own, is one way of starting the process of having the dialogue that will help the Bill make further progress.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Baroness, Lady Hayter of Kentish Town, for her amendment, which sets out the autonomy of regulators to act in the interests of their profession. I note that the amendment is supported by my noble friend Lady Noakes and others. Of course, I commend their commitment to upholding regulator autonomy, and it will come as no surprise that I support their intent here. I was told before I joined your Lordships’ House that understanding the mood of the House was an important requisite if a Minister was to have a chance of even modest success in his role. I do not think that anybody who has listened to our debates on this matter could be in any doubt about the mood of the Committee on this topic.

I spoke at length on regulator autonomy on days one and two of Committee, saying, in particular, that regulatory autonomy is, and has always been, a priority in this Bill. Throughout the Bill’s development and following its introduction, the Government have engaged closely with a wide range of regulators—even the newly discovered ones—to make sure that their autonomy is upheld throughout the Bill. We will of course continue to do so, not just during the Bill’s passage but in its implementation. Subject to the usual channels, I believe that we may now have time available to us before the Bill moves to Report stage to make sure that process is fully and conclusively completed.

This is why of course we listened even before the Bill started its passage through the House, and tabled our amendments to Clause 1: to ensure, in that case, regulatory autonomy over decisions about who practises a profession and flexibility in assessment practices, in line with the rigorous standards set by regulators. I think noble Lords will recognise now that the overall effect of Clause 1, as amended, will be to ensure that regulators can use a full range of approaches to make their determinations about knowledge and skills, and it preserves their ability to set further conditions, such as those set out in the amendment. I am pleased that, through discussion, we were able to get both the General Medical Council and the Nursing and Midwifery Council to welcome this. The proposed new clause would also specify that regulators are able to determine whether to make a regulator recognition agreement. Perhaps I may humbly say that Clause 4 is already the means of achieving this.

Clause 3 ensures that, where the UK has international agreements on the recognition of professional qualifications, these can be implemented. The principle of autonomy will be a key priority in reaching these agreements. Of course, I understand the point made by the noble Lord, Lord Purvis of Tweed, that there will be a number of future free trade agreements that will require primary legislation to implement them. Equally, there may be some, for example the Swiss mobility agreement—not a full free trade agreement but one that acts within the spirit of the Bill—which may not need primary legislation. That is why it has been important to have this flexibility.

Agreements under Clause 4 are entirely regulator-led. The appropriate national authority may grant regulators the power only to enter into agreements, not to dictate what agreements to enter into. It is for the regulator to decide whether it wishes to enter into a recognition agreement with its counterparts overseas, and the terms of any agreement. I hope that I have conveyed through this, and my previous comments, that the Bill protects and values the autonomy of regulators. But of course, I go back to my earlier comments: the strength of feeling expressed by Members of this House has not gone unheard. I have listened carefully to the points made and I will continue to consider the importance of regulatory autonomy and to ensure that this is respected.

I would still highlight that the Bill, as drafted and amended by the Government, does give powers to regulators where they need them. If the Bill can be improved through scrutiny, who would not want it to be? However, the Bill is already consistent with the intended effects of the amendment, so I suggest that there is no need for an additional clause. I therefore ask that this amendment be withdrawn.

Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

I thank the noble Lord and the noble Baroness, Lady Noakes, for their support for this. If I have understood the Minister correctly, he said, “Don’t worry about it because it’s all in the Bill, so it isn’t necessary”. But if it is all in the Bill, there is no harm in it. Given the concerns that we have had, I see nothing wrong with the reassurance, as I mentioned at an earlier stage. Sometimes, when things are tested, perhaps in courts afterwards, a very clear statement of intent and reassurance can work wonders—even more than a ministerial statement from the Dispatch Box. Therefore, it would not be right to say that it is not needed. If it is an extra bit, that seems to me a welcome addition.

However, I am very grateful to the Minister for saying that he has listened to everything we have said and will think about this. I will give away a small secret, just within these four walls: there is no date, as yet, in July for Report, so it may well be that we have until September, which should give the Ministers and their drafters plenty of time. It would obviously be better if any amendments that we agree with could come in their names, because they tend to be drafted better than ours, and it is also much easier to have a discussion and agree.

--- Later in debate ---
Baroness Hayter of Kentish Town Portrait Baroness Hayter of Kentish Town (Lab)
- Hansard - - - Excerpts

My Lords, my sister is not a chartered accountant, but she is an accountant. I do not know whether that is an interest to declare, but I should note that.

Unsurprisingly, I have a lot of sympathy with what the noble Baroness, Lady Noakes, said. In fact, when the noble Lord first raised the possibility of this with me, I was really interested, but we were both quite surprised that somebody actually wanted to be regulated. As someone who has worked very much on the consumer side, I have tried to get people regulated and on the whole they have resisted. However, that falls apart, because we have now discovered in the letter that the ICAEW will be there.

Earlier, I read out the note that I had had from the ICAEW as a result of the Minister’s letter on Sunday, saying that it seemed as if the Government were “rushing through the legislation”. I did not quote this, but I will say it now:

“Between this Bill’s conclusion in the House of Lords and it beginning to go through the lower chamber, it is vital that BEIS take stock of this legislation, review its intended – and unintended – consequences, and engage with those regulators and professional bodies in scope to iron out any remaining concerns.”


As I said on the previous group, I hope that we will use the time between now and Report, rather than between now and when the Bill arrives in the other House, but it sounds as though the ICAEW and the other accountancy bodies have not yet had a discussion with departmental officials. I hope that that can be put in hand. I hope the Minister will be able to confirm, although maybe not at this moment, that those meetings have taken place so that, as the ICAEW says, any intended or unintended consequences are fully understood and any problems can be ironed out. I look forward to hearing from the Minister that that will take place.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Lord, Lord Palmer of Childs Hill, for his amendments. I am grateful for the opportunity to clarify the Government’s thinking on whether the chartered accountancy profession is one to which the Bill applies, as well as the situation in respect of other chartered professions. I hope that noble Lords have noted, as I have responded to this, that we have been listening to their concerns and that we are looking to engage and make improvements where we can. I can confirm to the noble Baroness, Lady Hayter, that officials are already in discussion with the ICAEW.

As a short digression, I have to say that it is nice to hear regulators are now clamouring to join the bandwagon of this Bill. I hope that marks a turning point for us. I will be going home with a spring in my step this evening, having heard that.

I should begin by acknowledging that the UK’s chartered accountancy bodies set the highest standards with their qualifications and require continuous professional development, rightly. As a result, the UK’s accounting sector is highly respected and valued both domestically and across the world. We are rightly proud of it.

I would also like to highlight that, as we have heard from noble Lords, the ICAEW is a regulator to which the Bill applies, by virtue of its role as a regulator of auditors, insolvency practitioners and some other distinct specialisms. The professional activity of audit is regulated in statute by the ICAEW and the other recognised supervisory bodies for audit, all overseen by the Financial Reporting Council. We continue to deepen our understanding of these relationships as a result of the mapping work that I described much earlier today.

One of the objectives of this Bill is to revoke the current EU-derived system for recognising professional qualifications and experience gained overseas. We are taking away this prescriptive system and leaving it to our autonomous regulators to decide what recognition arrangements they require. If our regulators need help to create recognition routes to meet demand, or to agree reciprocal agreements with overseas counterparts, we can use the powers in this Bill to give them what they need.

Chartered titles are, in general, a form of self-regulation. Chartered accountancy is not a profession regulated in law, and there are no statutory impediments to the chartered bodies having whichever international recognition routes they deem appropriate. So there is simply no need for government intervention under this Bill to help chartered bodies set up recognition routes or international recognition arrangements for professional activities not regulated in law. Indeed, the ICAEW already has many overseas members and international agreements relating to accountancy. Therefore, the profession of chartered accountancy does not need to be included among those professions to which the Bill applies.

This is true of all voluntarily regulated professions. Professional bodies for those professions continue to reign with autonomy over their unilateral recognition routes and over the formation of the content of recognition agreements with overseas counterparts. So, I repeat: they do not need any help under the powers of this Bill. I hope that the noble Lord is reassured by this explanation, and I ask that he withdraw the amendment.

We are now reaching the end of the 27th grouping, which marks the end of the Committee stage for this Bill. I would like to express my sincere thanks to all noble Lords for their excellent and insightful contributions. I think it is fair to say that Ministers and officials have learned things from these insightful contributions. I will be reflecting on all the points made. If the noble Baroness would like to tell me where she will be for her summer holiday, I will make sure that the letters are delivered to her expeditiously.

I look forward to continuing to discuss this Bill with noble Lords. I will hold further round tables; I, and officials, will meet further with regulators; I will meet with the devolved Administrations; and I will do this before we return for Report.

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

I believe the Minister’s intention on this, and I am very pleased. We also had a welcome meeting a few weeks ago. He has understood the mood of the House and the concerns raised by noble Lords across all sides of the House, and has come back with an amendment that I think we can all get behind. My noble friend Lady Hayter will not test the opinion of the House on Amendment 15.
Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, I will speak first to the amendment in my name on regulator autonomy and then respond to my noble friend Lord Lansley’s amendment and that of the noble Baroness, Lady Hayter of Kentish Town.

As your Lordships know, I am a great advocate of the autonomy of our regulators. I have no doubt that regulators are best placed to determine who is fit to practise in their professions. The consequence is that to interfere with this could undermine public confidence in those who provide important services.

The Bill absolutely will not undercut regulators’ ability to make determinations about individuals with qualifications, experience or skills from overseas. I have previously given this assurance to your Lordships. However, picking up the point from the noble Lord, Lord Kennedy, I began to realise that the mood of the House was not to rely on assurances in this area. No matter how eloquently I argued the case for assurances, it would not cut the mustard. I absolutely recognise the continued strength of feeling on this issue. That is why I am proposing to make the protection of regulator autonomy clear in the Bill, and to do so specifically for Clauses 1, 3 and 4.

Protecting the autonomy of regulators is particularly relevant to these clauses, because this is where regulations made under the Bill will most directly intersect with regulators’ existing powers. This could be through empowering regulators to assess individuals with overseas qualifications, enabling them to enter into recognition agreements or placing substantive obligations on them.

These clauses also attracted particular interest from the DPRRC, and your Lordships rightly asked for more assurances. The amendment in my name places two conditions on regulations made under Clauses 1, 3 and 4. The first condition is that the regulations cannot remove regulators’ ability to prevent unfit individuals practising a profession. The second is that the regulations cannot have a material adverse effect on the knowledge, skills or experience of individuals practising a regulated profession. To put it simply, regulations cannot lower the required standards for an individual to practise a profession in the UK or, importantly, part of the UK. Taken together, these two conditions will make sure, enshrined in statute, that regulators will retain the final say over who practises in their profession and that the standards of individuals practising professions are maintained.

I also reassure your Lordships that this does not ask regulators to change expectations where they differ between different parts of the UK with good reason. In the case of devolved regulators, such as the General Teaching Council for Scotland, this would mean the requirements of a regulator for part of the UK.

As I said, in framing this amendment I have drawn inspiration from contributions made in this House and from discussions with regulators. Indeed, I am particularly pleased that it has been recognised by the noble Lord, Lord Fox, who has chosen to put his name to this amendment. I hope that this will be the first of many amendments that I bring forward at the Dispatch Box that the noble Lord, Lord Fox, will feels able to do that to going forward.

I turn now to Amendment 11. Of course, I recognise that my noble friend wants safeguards around how powers that could modify primary legislation are used. That is entirely reasonable. But I hope that my explanation of the regulator autonomy amendment in my name provides reassurance that the Government have listened to both noble Lords’ and the DPRRC’s concerns that regulations made under the Bill will be an appropriate use of the powers in Clauses 1, 3 and 4.

In particular, I know that some noble Lords have questioned how regulator autonomy will be safeguarded in trade deals. First, I repeat what I have said previously: in all negotiations, a key concern for the Government is ensuring the autonomy of UK regulators and protecting UK standards. Now, of course, the regulator autonomy amendment in my name ensures, in statute, that this concern is reflected in any regulations made under Clause 3.

I come to the point that my noble friend Lord Lansley made in asking for an assurance that primary legislation will be used to implement any consequences of free trade agreements that affect professional qualifications. I am not able to give that assurance because, by this Bill making it statutory that we cannot undercut the autonomy of UK regulators and diminish UK standards, it is appropriate that secondary legislation will be used to implement those aspects of future trade deals.

This new clause that I am putting forward means that Clause 3 cannot be used, for example, to require the automatic recognition of overseas qualifications—it would not be possible to do that. Before regulations are made, the Government will engage extensively with regulators on trade negotiations. Earlier today, I spoke about how I have formalised that in the new regulated professions advisory forum, which provides regulators with a mechanism to inform UK objectives for trade negotiations and the implementation of commitments that we make in them. If I have learned anything from the Bill, it is that regulators will not shy away from telling the Government when they have concerns about their autonomy.

Should any of your Lordships remain in doubt about whether powers in the Bill should be used to modify primary legislation, I remind the House that the relevant sector-specific legislation can be primary or subordinate legislation. Why we have these differences is lost in the mystery of time, but there is no consistency at all between professions in this matter. For example, the qualification and experience requirements to be a doctor or vet are set out in primary legislation. By contrast, the requirements for pharmacists or social workers are set out in subordinate legislation. That is why regulations made under the Bill may need to amend both primary and subordinate legislation in order to work for all regulated professions.

To give a further example, Clause 4 ensures that regulators can be authorised to enter into regulator recognition agreements with overseas counterparts. Many regulators already have this power; however, not all do. The Architects Registration Board and the General Dental Council are examples of regulators which do not have this power and may therefore benefit from Clause 4. But their powers are set out in primary legislation, so my noble friend’s amendment would prevent them being authorised to enter these agreements under Clause 4 if necessary. To give a further assurance, of course the Government envisage that regulations made under Clause 4 would be made at the request of the regulator. It would seem unfair to prevent them entering into recognition agreements simply because their powers are set out in one type of legislation rather than another. There frankly is no rationale or sensible reason for this difference. I hope that I have provided the House with the necessary reassurance that we have taken seriously the concerns about the use of delegated powers. For this reason, I ask for the amendment to be withdrawn.

I thank the noble Lord, Lord Kennedy, for speaking to Amendment 15, and the noble Baroness, Lady Hayter, for her contribution. My amendment addresses the same core concerns as Amendment 15. Both amendments —I understand that the noble Baroness’s amendment was very well intentioned—ensure that the Bill does not require regulators to allow those whom they determine to be unfit to practise and that the Bill cannot lower professional standards. Amendment 15, however, would further specify the protection of regulators’ autonomy regarding flexibility in assessment practice. The ability of regulators to make assessments as is most appropriate is already accommodated in the amendment in my name to Clause 1.

Finally, Amendment 15 also seeks to prevent anything in the Bill affecting a regulator’s ability to determine to make a regulator recognition agreement. This point is unnecessary. FTAs—such as the UK’s current deal with Canada—often contain frameworks for agreeing regulator recognition agreements. However, there is no obligation on regulators to enter into these agreements in any deal the UK has entered into. I am concerned that specifying this in legislation could unhelpfully suggest that the Government are unsupportive of such agreements. The Government are keen to support regulators agreeing them, where they wish to do so. In view of my own amendment, I formally ask the noble Baroness not to press her own.

Lord Lansley Portrait Lord Lansley (Con)
- Hansard - - - Excerpts

My Lords, I thought that my noble friend gave an extremely helpful response to the debate and explanation of the relationship between the Government’s new clause in government Amendment 12 and Clauses 1, 3 and 4. Regulators in particular looking at this debate will, I hope, look at subsections (2) and (3) of the Government’s proposed new clause and share their view with us. If that holds, it provides a central piece of protection for regulators in future, in relation to all the substantive powers made available through the Bill. I am grateful for what the Minister has brought forward, and what he has said this evening. I beg leave to withdraw Amendment 11.

--- Later in debate ---
Moved by
12: After Clause 13, insert the following new Clause—
“Regulations: protection of regulator autonomy
(1) The appropriate national authority may make regulations under section 1, 3 or 4 only if satisfied that the conditions in subsections (2) and (3) are met. (2) The condition in this subsection is that the regulations do not remove the ability of any regulator of a regulated profession to prevent individuals who are unfit to practise the profession from doing so.(3) The condition in this subsection is that the regulations will not have a material adverse effect on any regulated profession in terms of the knowledge, skills or experience of the individuals practising it.(4) The reference in subsection (2) to individuals who are unfit to practise the profession is a reference to individuals who are unfit to practise the profession by reason of their character, a lack of knowledge, skills or experience or otherwise.(5) A reference in this section to practising a profession includes a reference to undertaking activities that comprise the practise of the profession or using a title associated with the practise of the profession.”Member’s explanatory statement
This amendment prevents the appropriate national authority making regulations under section 1, 3 or 4 unless satisfied that the conditions in subsections (2) and (3) of the new Clause are met.
--- Later in debate ---
Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

My Lords, I think no one has had a bigger headache on this list than the Minister himself and the department, but it was a headache, frankly, of their own making.

I am with the noble Baroness, Lady Hayter, on this: I think it should be a separate schedule. We proposed a mechanism in Amendment 19 by which this schedule might be created and maintained. The noble Baroness, Lady Blake, talked about keeping it updated: if it had not been for the scrutiny of your Lordships and the constant harrying of the Ministers, this list would not have been nearly right now. I suspect there are still amendments to go into it. For that reason, we think Parliament should hold on to a regulatory process and, through a statutory instrument, that schedule can be updated.

What we have sought to do in Amendment 19 is not to second-guess where the list is now—because, as the noble Baroness, Lady Hayter, pointed out, that is like catching a knife—but to give the Government a process by which a definitive list may be created, put in a schedule and updated easily and, I would say, flexibly through a statutory instrument. Why? Because this is not just a list of organisations on a website: there are rights and responsibilities that come with being on this list and, indeed, not being on this list. Which professions are going to be scrutinised to see whether demand is met or unmet? This is a really important issue that Parliament should continue to maintain scrutiny over.

The noble Baroness, Lady Hayter, talked about the responsibilities of those organisations, but also the rights—which ones have the autonomy that the Minister’s amendment has granted and which are not part of this list? Furthermore, when the conversations are being had with the devolved authorities, a list gives weight to those discussions and gives a very clear indication of which professions are in and which are not. So, one way or another, putting it in the schedule is really important, as is a way in which that can be flexibly maintained, whereby Parliament maintains its ability to scrutinise that process; because without that scrutiny, where would we be now?

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank the noble Baronesses, Lady Blake of Leeds and Lady Hayter of Kentish Town, and the noble Lords, Lord Purvis and Lord Fox, for their amendments. These amendments return to the debate about the regulators and professions to which the Bill applies, a topic which has covered me in embarrassment at various stages during the Bill’s passage. I admit that it was not our finest hour. Noble Lords rightly asked that the Government fully and precisely articulate who meets the definitions in the Bill.

The Government too, of course, and the regulators want to be clear about who the Bill applies to. It was for this reason that I asked my officials to carry out a comprehensive exercise to determine all those regulators and professions that meet the definitions in the Bill. My officials worked closely throughout the summer with other government departments, devolved Administrations and regulators. I am grateful to all those who contributed. Every regulator that meets the definitions in the Bill has been directly contacted by my officials, and is aware that the Bill applies to them. My officials have also contacted those regulators that we no longer consider the Bill applies to. I have written to my counterparts in the devolved Administrations to confirm the professions and regulators that operate in those parts of the UK. I am pleased to report that they have fully co-operated in this exercise. This extensive engagement culminated in the drawing up of a list of regulators and professions affected by the Bill, which we published on GOV.UK on 14 October. This exercise has provided the additional clarity rightly demanded by this House. The Government remain absolutely committed to regularly updating a list of professions and regulators to which they consider the Bill applies, and to keeping that list in the public domain.

I have also asked my officials to ensure that the assistance centre will also publish the list and will signpost professionals to all the professions and regulators identified on it. This will be part of our future service requirements and our contractual requirements for the assistance centre. Building on our work with regulators to prepare the list, my officials will continue engaging with this network of regulators through a variety of avenues to ensure they are kept updated on our work in this area. In answer to the noble Baroness, Lady Hayter of Kentish Town, I say that it would not be sensible to use the new forum that we are setting up as a means for doing this. The forum would be so large that we would probably have to go to Rome to use the forum there for its meetings, and it would frankly be unwieldly to have a forum of that size. That forum is going to have a cross-section of all the regulators on it. We will refresh that cross-section from time to time to make sure that all regulators from all parts of the UK have a chance to put their views. Of course, we will have other networks where we will engage through a variety of avenues to ensure that regulators are kept updated on our work in this area.

Perhaps picking up a point made by the noble Lord, Lord Fox, I say that the regulators will of course want to know that they are on this list, because a regulator who is covered by the definition gets the benefit of regulatory autonomy. There is therefore a positive reason for a regulator wanting to be included.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

On that note, in the event that I happened to be the chief executive of a regulator that was not on that list, it would help to know what the process was by which one sought to join the list or, indeed, to be taken off it. If we are not going to have a schedule as we discussed, the process by which a regulator puts itself in the frame or seeks to put itself in the frame would be really important, as well as publishing the list. Discussing that process would be useful.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

Of course, the interesting thing is that this process derives entirely from the legal definition of a regulator that is governed in law. It is not a matter of grace and favour to say whether a regulator is included or not; it is a matter of fact as to whether the regulator statutes make it a regulator engaged in law.

Lord Fox Portrait Lord Fox (LD)
- Hansard - - - Excerpts

It is more about having to draw attention to the fact that they believe that they are within the law. I cannot imagine that the department will have enough resources to continually trawl the horizon and find them, so individual organisations may find themselves asking how they go about getting on the list.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

I think the simple answer is that they should write either to the Minister responsible, whoever that is—if it is me, of course, I will attend to that—or to the senior officials within the department or within the devolved Administrations. This will obviously be something that officials will monitor and keep up to date.

Professional Qualifications Bill [HL]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Moved by
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel
- Hansard - - - Excerpts

That the Bill be now read a third time.

Lord Grimstone of Boscobel Portrait The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
- Hansard - - - Excerpts

My Lords, before we progress with Third Reading of this Bill, I would like to make a short statement about our engagement with the devolved Administrations. My officials and I have worked closely and collaboratively with the devolved Administrations throughout the passage of this Bill. We are continuing to discuss the requirements for legislative consent with the Northern Ireland Executive, the Scottish Government and the Welsh Government. I am grateful for their continued engagement on this issue. I beg to move.

Bill read a third time.
Moved by
Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel
- Hansard - - - Excerpts

That the Bill do now pass.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I start by thanking your Lordships for the constructive approach that has been in evidence throughout this Bill. We have had robust discussions and debates and the Bill is all the better for that. In particular, I thank the noble Baronesses, Lady Hayter of Kentish Town and Lady Blake of Leeds, and the noble Lords, Lord Kennedy of Southwark, Lord Purvis of Tweed and Lord Fox, for the time—sometimes a deservedly hard time—that they have given me.

The Bill will achieve four key outcomes for the UK. First, it will end unequal EU-based arrangements for the recognition of professional qualifications. Secondly, it will help to strengthen the UK’s ability to negotiate and deliver ambitious deals on the recognition of professional qualifications with international partners. Thirdly, it will help professionals to enter new markets. Finally, it will provide smooth working arrangements for recognition of professional qualifications across all four nations of the UK.

I recognise that the Bill did not enter your Lordships’ House in the good state in which it leaves. The experience, diligence and practical knowledge of noble Lords have moulded this Bill into what it is today. Enshrining on the face of the Bill the concept of regulator autonomy in regard to preventing unfit individuals from practising is a landmark event.

I was gratified that the government amendments, the stakeholder engagements and the supporting documents prepared over the summer between Committee and Report were well received. I pay tribute to the noble Lord, Lord Hunt of Kings Heath, and my noble friends Lord Lansley and Lady Noakes for the expertise that they demonstrated throughout our discussions. I thank my noble friend Lady McIntosh of Pickering and the noble Lords, Lord Foulkes of Cumnock and Lord Bruce of Bennachie, for the constructive nature of the conversations that we have had on this legislation. I also thank my ministerial counterparts in the devolved Administrations and their predecessors, whom I have met on five occasions and written to nine times this year concerning the Bill. I remain optimistic and hope that they will give legislative consent to the Bill.

I thank all the regulators to which this Bill applies. We have engaged with them through a variety of avenues, including seven round tables that I hosted. They, other professional bodies and the government departments with which we have engaged have helped to shape and improve this legislation as it has moved through your Lordships’ House and we are extremely grateful for their constructive involvement.

My thanks also go to the officials who have worked so hard to get us to this position. I give particular thanks to the policy team, led by Tim Courtney, who not only overcame the challenge of compiling the list of regulators but, with his partner Cathy, welcomed the birth of their daughter, Penelope, just 12 days ago. On behalf of your Lordships’ House, I wish all three of them the very best. Tim was ably assisted by Hannah Riches, Nick French, and Sarah Mackintosh, while the Bill team was led superbly in shipshape fashion by Jamie Wasley and Jennifer Pattison. I would further like to thank my private secretary, Zack Campbell, for his sterling service on the Bill, and of course the office of the Leader of the House and the Whips, the Office of the Parliamentary Counsel and the clerks in this place. Last, but certainly not least, I thank my Whip, my noble friend Lady Bloomfield of Hinton Waldrist.

Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
- Hansard - - - Excerpts

My Lords, I thank my noble friend for going the extra mile to put the Bill in the state in which it is. His statement today on his continuing engagement on legislative consent with the devolved Administrations is particularly welcome. In paying tribute to him, his Bill team and my noble friend Lady Bloomfield, I urge him to ensure that we see some fruit from the common frameworks and recognise their importance in implementing what is in not just this piece of legislation but other forthcoming legislation as well. I am personally grateful to him.

I thank the Law Society of Scotland, in particular Michael Clancy, at what has been a very difficult time for him through his illness. I also thank the Faculty of Advocates, of which I am a non-practising member, for its engagement in the round table hosted by my noble friend. I warmly thank my noble friend for all that he has done and I hope that the Bill will have a safe passage through the other place.

--- Later in debate ---
Lord Davies of Brixton Portrait Lord Davies of Brixton (Lab)
- Hansard - - - Excerpts

My Lords, I declare an interest as a member of a profession, albeit one which is not mentioned specifically in the Bill. I still have some residual concern that, although we welcome the list, the way the Bill is drafted could incorporate professions not listed, because of some obscure entry in other pieces of legislation which have not been picked up. However, my main question is that a lot of work arising from the Bill remains to be done and the UK-EU Partnership Council has an important role to play. I am a keen follower of the Partnership Council, I look at its minutes and its meetings, and this issue, even though it has been identified as a priority, does not appear to have been discussed. Perhaps the Minister can reassure me that the matter will be dealt with with utmost haste.

Lord Grimstone of Boscobel Portrait Lord Grimstone of Boscobel (Con)
- Hansard - - - Excerpts

My Lords, I thank noble Lords for their comments and thanks, particularly to my officials and the Bill team. I say to the noble Baroness, Lady Blake of Leeds, that no one would have known that this is the first Bill that she had worked on, and I am sure that it is the first of many in which she will successfully participate. I have noted the point made by the noble Lord, Lord Davies of Brixton, and, if I may, I will write to him about where this stands in relation to the Partnership Council. I beg to move.

A privilege amendment was made.

Professional Qualifications Bill [Lords]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Kwasi Kwarteng Portrait The Secretary of State for Business, Energy and Industrial Strategy (Kwasi Kwarteng)
- Parliament Live - Hansard - - - Excerpts

I beg to move, That the Bill be now read a Second time.

Services are a critical part of our economy, our trade and our lives. UK-qualified professionals in sectors including architecture, law and medicine, among many others, are at the forefront of their fields globally. It is a testament to their success that the UK is today the second largest exporter of services in the entire world. Good regulation is essential in providing the confidence that the market needs to grow. Good regulation is essential in providing the confidence that the market needs to grow. The Bill supports that endeavour so that services can not only thrive but provide excellent jobs in the future.

Margaret Greenwood Portrait Margaret Greenwood (Wirral West) (Lab)
- Parliament Live - Hansard - - - Excerpts

The British Dental Association has warned that the Bill could water down the standards required to practise. What are the Secretary of State’s thoughts on that? What assurance can he give the House that standards will be maintained?

Kwasi Kwarteng Portrait Kwasi Kwarteng
- Hansard - - - Excerpts

I assure the hon. Lady that many such issues were rightly addressed and debated at great length in the other place. I have seen the concerns of some of our professional bodies. I feel that the Bill gives a measure of support, and I feel strongly that it is proportionate. It is on that basis that I am introducing the Bill and begging leave for it to be read a Second time.

I turn to the Bill’s elements—perhaps through these remarks the hon. Lady may get some reassurance. First, the Bill will revoke the current EU-based approach, temporarily retained from the end of the transition period, which often gives unreciprocated preferential access to holders of European economic area and Swiss qualifications, and put in place a new system that is global in outlook and can be tailored to the UK’s needs. The Bill is not a rejection of the valuable skills offered by EU professionals. On the contrary, it will ensure fairness and put them on an even footing with applicants from around the world. Professionals who have already had their qualifications recognised and work in the UK can continue to do so provided that they meet any ongoing practice requirements.

The Bill will also enable the Government and devolved Administrations to act promptly where shortages in services may occur and where consumers may well face unreasonable delays and charges. That is particularly important for regulated professions in the public sector. For example, in a 10-year period, just under a quarter of all UK recognition decisions were for secondary school teachers alone. Let me be clear, however, that the Bill is intended to complement, and not simply to replace, the Government’s ambitious domestic skills agenda.

The Bill will also support our trade agenda and boost UK businesses exporting services all over the world—in short, it will help spread our skills, innovation and expertise abroad. It will ensure that the UK can implement professional qualification provisions in the future trade deals that we all anticipate with enthusiasm. It will also ensure that UK regulators can be empowered to strike deals on recognition with their overseas counterparts while taking full advantage of provisions in such future trade deals. Finally, it will help professionals, both at home and from overseas, to access global markets.

We are working collaboratively with the devolved Administrations and devolved regulators, and I very much hope that we will come to a resolution on legislative consent by the time that the Bill leaves the House. Of course, our regulators’ expertise underpins all our professions, and that is the very reason why the Bill has the protection of regulator autonomy at its very heart. Regulators agree that that is the right approach, and in general they have voiced hearty support for the Bill.

This Bill is about ensuring that the regulation of professional qualifications works for the whole of the country’s interests. It is about fairness, ensuring that wherever professionals may come from, they have an equal opportunity to practise their professions; and it is about making access to professions more transparent, as well as supporting our own UK trade agenda. On that basis, I commend it to the House.

--- Later in debate ---
Paul Scully Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)
- Parliament Live - Hansard - - - Excerpts

It is a pleasure to follow the hon. Member for Newcastle upon Tyne Central (Chi Onwurah). I thank everybody who has spoken during the debate. [Interruption.] Yes, all the people in this extensive debate.

This Bill will support trade through allowing regulations to implement trade agreements and allowing our own professionals to enter new markets. It will also support our work to meet domestic need, such as addressing national shortages, while ensuring that professional standards are maintained and regulator autonomy is protected.

My right hon. Friend the Secretary of State rightly noted the relevance of the Bill to supporting international trade for our world-leading services sectors. Provisions on the recognition of professional qualifications can make it easier for UK professionals to provide services overseas—for example, by making it easier for regulators to agree recognition agreements with overseas counterparts. With trade partners, the Government would look to agree provisions that could require regulators to operate routes to recognition. Our deals with Norway, Iceland and Liechtenstein, for example, include this type of measure. But I can reassure the House that in any agreement regulators’ existing autonomy to set standards and assess them against these deals would be maintained. Regulators are not obligated to enter into recognition agreements with counterpart regulators overseas.

Turning specifically to the UK-EU trade and co-operation agreement, this secures continued market access across a broad range of key services sectors, including professional and business services. It also includes the framework to agree professional-specific arrangements on the recognition of professional qualifications. BEIS has established a recognitions arrangement team that provides advice and support to regulators if they pursue these arrangements. The hon. Member for Sefton Central (Bill Esterson) talked about legal services, in particular. The TCA with the EU secures continued market access across a broad range of key services sectors, but on legal services we negotiated unprecedented provisions for UK lawyers to practise in the EU using their UK title in both UK and international law.

The UK proposed ambitious arrangements on professional qualifications with the TCA, but regrettably the EU did not engage with them. However, on legal services we do, as I say, have unprecedented provisions. The Bill is also consistent with our other international commitments, including the common travel area with Ireland. The Bill does not alter the Government’s determination to uphold our CTA commitments. The Government are also working closely with the Irish Government and regulators to ensure that UK and Irish professions have continued routes to recognition.

The hon. Member for Sefton Central, and others, talked about skills and skills shortages. I thank him for his point on that. However, it is important to be clear about how the Bill fits into the Government’s overall skills strategy. The Bill allows regulations to be made requiring a regulator to be able to receive applications, assess individuals’ qualifications and experience gained overseas, and decide on whether to treat them as if they had the required UK qualifications or experience. That can be done only where there is a clear unmet demand for the services of a regulated profession.

Separate from the provisions of the Bill, the Government can, when necessary, consider short-term measures to deal with skills shortages, as they have in the case of HGV drivers. The Bill also plays its part in making sure that aspiring and qualified professionals can find the information they need to access professions, including transparency requirements for regulators to have clearer information online, and it provides for an assistance centre to help professionals directly.

But neither the Bill nor such short-term measures take the place of our domestic skills strategy. Our lifetime skills guarantee will enable anybody to acquire the skills to do those jobs wherever they live and whatever the stage of their life. The Skills and Post-16 Education Bill currently going through Parliament will set up the country for success by giving people the skills and the education they need for work. It puts employers at the heart of the skills system to make sure that local skill provision meets local needs, so that people can thrive where they live.

I will respond to the points raised by the hon. Member for Midlothian (Owen Thompson) on concurrent powers in the Bill and securing legislative consent motions for the devolved Administrations. I want to reassure the House that the Bill has been carefully designed to respect the devolution settlements. The inclusion of concurrent powers ensures that professions that fall within devolved legislative competence but are regulated on a UK-wide basis can be dealt with efficiently and appropriately under the Bill by the relevant and appropriate national authority.

The UK Government are working hard to seek common ground with the devolved Administrations. The devolved Administrations rejected our previous proposal of a formal duty to consult before regulating in areas of devolved competence, but we have now offered to place on the face of the Bill a stronger duty to consult. The amendment would require the Secretary of State or the Lord Chancellor to consult with devolved Administrations before making regulations under the Bill that contain provisions that could be made by devolved Administrations themselves, and then to publish a report on the consultation to be agreed with those devolved Administrations.

We have also offered to table an amendment to carve the Bill out of schedule 7B of the Government of Wales Act 2006, allowing the Senedd to remove UK Ministers’ concurrent powers if they deem that to be necessary. The Welsh Government will still be required to consult with the UK Government on the removal of those powers.

The Government’s approach demonstrates our commitment to transparency and scrutiny, and to preserving the balance of the devolution settlement while maintaining a coherent approach across the UK. Let me make it clear: it is not the Government’s intention to make regulations in relation to matters on which the devolved Administrations could legislate without seeking their views.

I hope that hon. Members from across the UK can support the Bill. We will continue to work in collaboration with the devolved Administrations and devolved regulators to ensure an approach that works for all parts of the UK. I look forward to discussing the Bill in Committee, and I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Professional Qualifications Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Professional Qualifications Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 20 January 2022.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and Third Reading

(4) Proceedings on Consideration shall (so far as not previously concluded) shall be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Andrea Jenkyns.)

Question agreed to.

Professional Qualifications Bill [Lords] (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Professional Qualifications Bill [Lords], it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred under or by virtue of the Act by a Minister of the Crown; and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Andrea Jenkyns.)

Question agreed to.

Marriage and Civil Partnership (Minimum Age) Bill (Money)

Queen’s recommendation signified.

Resolved,

That, for the purposes of any Act resulting from the Marriage and Civil Partnership (Minimum Age) Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(a) any expenditure incurred under or by virtue of the Act by the Secretary of State, and

(b) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Tom Pursglove.)

Question agreed to.

Professional Qualifications Bill [ Lords ] (First sitting)

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

None Portrait The Chair
- Hansard -

Copies of written evidence that the Committee receives will be made available in the Committee Room and will be circulated to Members by email. We now begin line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. It shows how the selected amendments have been grouped together for debate. Amendments grouped together are generally on the same or a similar issue, as colleagues will know. Please note that decisions on amendments do not take place in the order that they are debated, but in the order they appear on the amendment paper. The selection and grouping list shows the order of debates. Decisions on each amendment are taken when we come to the clause to which the amendment relates. Decisions on new clauses will be taken once we have completed consideration of the existing clauses of the Bill. Members wishing to press a grouped amendment or new clause to a Division should indicate when speaking to it that they wish to do so.

Clause 1

Power to provide for individuals to be treated as having UK qualifications

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Pritchard. The Bill will replace the interim system for the recognition of professional qualifications that was put in place when the UK left the EU. That interim system can give preferential treatment to professionals within the European economic area and with Swiss qualifications. It has not been reciprocated by the EU, and will be superseded by our recent trade agreement with the EEA and European Free Trade Association states. It must therefore be revoked.

Clause 1 sets out the substance of a new recognition approach. It means that regulations can be made that require regulators to consider applications from individuals with professional qualifications and experience gained around the world. Regulators will determine whether an individual with overseas qualifications or experience has substantially the same knowledge and skills to substantially the same standard as demonstrated by the relevant UK qualification or experience. Equally, other relevant regulatory criteria must also be met—for example, regarding language proficiency or criminal record checks. The regulations would not alter the standards required to practise professions in the UK. No regulator would be pressured into accepting qualifications that did not reach UK standards. My officials have worked with all regulators affected by the Bill, and I am happy to report that the regulators support clause 1.

Where clause 1 is not exercised, regulators will be free to continue recognising qualifications from overseas in line with their existing powers and any reciprocal agreements in place. As a result of the condition in clause 2, there are only certain conditions under which a Secretary of State, the Lord Chancellor or a devolved Administration would be able to make regulations under clause 1. Action can be taken only where there is a clear public interest to do so—in this case, unmet demand for services. I hope that my explanation has provided further clarity on why the Government believe that that approach is necessary and proportionate. I assure the Committee that the regulators support the clause.

Bill Esterson Portrait Bill Esterson (Sefton Central) (Lab)
- Hansard - - - Excerpts

It is a pleasure to see you in the Chair, Mr Pritchard. Having a skilled workforce is essential for the economic success of our country, and the Bill will promote mutual recognition of professional qualifications, which will in turn increase the opportunities for many professionals from abroad to work here in Britain. We also need our high-class professional services professionals to have the opportunity to work abroad. The Bill matters both in addressing access here and in creating a potential for mutual recognition agreements for professionals to work abroad.

Whether it is for the billions that qualified professionals contribute to our economy—such as the £60 billion of gross added value that legal services are worth and the £5 billion in the export of legal services—or the societal contribution that nurses, doctors, veterinarians and others make to the fabric of our country, it matters greatly that we get the legislation right. Although the Bill has faced much scrutiny from colleagues in the Lords, there are areas where it could be amended to ensure that we in this House, as well as our colleagues in the devolved Administrations and the regulated professions, deliver the certainty that the Bill should provide to millions of professional workers.

We therefore encourage the Government to properly consult with the relevant regulators and professional bodies before making regulations, so that they can avoid the same shambolic approach that the Government took, for example, in the establishment of the Trade Remedies Authority, where the Secretary of State had to step in at the eleventh hour last year to prevent the disastrous removal of vital protections for our steel industry. Similarly, we encourage the Government to properly consult with the devolved Administrations, and provide appropriate reassurances to them that they will be appropriately consulted when regulations affect them, and that the Bill will not strip more powers from them when it comes into force. The relevance of the Trade Remedies Authority is that the Government opposed our amendment in Committee to then Trade Bill to include, among others, the devolved Administrations. Our amendments to today’s Bill would reassure the devolved Administrations that this legislation will not be another attempt by Westminster to seize responsibilities that were previously devolved.

We have also tabled new clauses to strengthen certain aspects of the Bill. Having qualified professionals here in the UK contributing to our economy and social fabric is vital. It is therefore galling to see yet more shortages of skills across the country—shortages that, we hear today, are in the tens of thousands for nurses and carers. We know about the shortage of vets. All of those are covered by the Bill, as are driving instructors, who of course link to lorry drivers, where we have a significant and sustained set of problems. That is why we seek an obligation for the Government to provide a report to the House about what they are doing to tackle the skills shortages facing the country. We also seek additional certainty for workers who already have their professional qualifications recognised in the UK.

Finally, we seek certainty that a number of regulators and regulated professionals are covered by the Bill. When the Bill was in the Lords, it was clear how little effort and thought went into it from Ministers. It was truly shambolic. In fact, it was so shambolic that the Government’s own Minister, Lord Grimstone, said that the deep errors had made him feel “uncomfortable” and that he had listened to the criticism

“with a certain lack of enjoyment.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 160.]

Conservative peer Baroness Noakes said that

“it has all the hallmarks of being a Bill conceived and executed by officials with little or no ministerial policy direction or oversight.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 149.]

I hope that today’s Minister is giving a little more political direction and oversight than his colleagues have previously. How does he feel about the Bill? Is he, as his colleagues were, uncomfortable with it? Is he certain that the wrinkles have been ironed out?

This is an important piece of legislation, which will affect people’s lives and livelihoods, and every effort must be made to deliver the system that those in scope need. Lord Grimstone had the decency to accept the shortcomings of the Bill and of the Government, and in collaboration with Labour made the necessary amendments to put the Bill into better shape. I hope that today’s Minister will address the remaining concerns with us as we debate the amendments before us.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Power conferred by section 1 exercisable only if necessary to meet demand

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I beg to move amendment 2, in clause 2, page 3, line 2, at end insert—

“(2A) In determining whether the condition in subsection (2) is met, the appropriate national authority must have regard to the availability of professional services in the regulated profession by reference to such factors as appear to the authority to be relevant including, but not limited to—

(a) the extent of delays in accessing professional services,

(b) the level of charges for services,

(c) available workforce data, skills needs or workforce modelling forecasts,

(d) vacancy levels or recruitment difficulties,

(e) whether the profession is on the occupation shortage list, and

(f) the views of the relevant regulator and of professional representative bodies.”

This amendment requires additional information to be taken into account by the appropriate national authority when deciding what regulations are to be made in accordance with the powers conferred under clause 1.

The reluctance to consult on matters of great importance to people’s lives and livelihoods is a flaw and a hallmark of how the Government operate. The Bill does not provide any obligation to consult the relevant regulators and other professional representative bodies when determining to make recommendations that will no doubt affect them and their members. How can that be right?

The second report of the Lords Delegated Powers and Regulatory Reform Committee stated clearly that it was

“surprised and disappointed that neither the Memorandum nor the Explanatory Notes…explain why Ministers will have no duty to consult before making regulations.”

The Minister should explain why not. As Conservative Baroness Noakes said to other peers, that

“goes to the heart of this Bill. BEIS did not consult on this Bill or any policy proposals. All it did was issue a rather strange call for evidence, some of the replies to which were really rather thin, and it then worked out its own policy and put out a statement of policy at the same time that it published the Bill.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 167.]

Failure to consult the relevant experts will only lead to mistakes and time wasted in trying to rectify those mistakes.

Furthermore, while the Bill was in the Lords, the Minister in that place said:

“I fully agree that it is important for the relevant national authority to engage with a range of stakeholders before making regulations. Because of the complexity of these matters, it would be the height of foolishness not to do that.”—[Official Report, House of Lords, 9 June 2021; Vol. 812, c. 1500.]

Does the Minister agree with his colleague that it would be “the height of foolishness” not to consult with the appropriate stakeholders? If he does, does he accept the need for the amendment?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Member for his amendment, which would alter the unmet demand condition in subsection (2). The amendment would require the appropriate national authority to consider a specific set of factors to determine whether that unmet demand condition had been met.

I agree that the appropriate national authority should be transparent when determining whether the unmet demand condition is satisfied. I also recognise that considering a combination of the factors set out by the hon. Member in the amendment would make a sensible determination of unmet demand. That is why the Government committed to publish specific guidance to support appropriate national authorities in their determination of unmet demand. Factors in the amendment would of course be part of that guidance anyway.

The other place agreed that that was appropriate, because setting matters out in guidance, rather than on the face of the Bill, will give the appropriate national authority the freedom to tailor its unmet demand assessment to the needs and circumstances of each profession. I expect that appropriate national authorities will be clear in showing how they have reached their determination. Their approach must withstand scrutiny.

For example, a devolved Administration is best placed to determine the factors relevant to assess whether there is unmet demand for a profession in an area of devolved legislative competence. It is important that they are able to decide how best to make such determinations, and are not forced to work through a list of prescribed factors in the Bill. I therefore hope that the Committee will agree that setting the factors out in guidance is more appropriate.

The amendment also refers to the gathering of views of interested parties. I agree that that is clearly of the utmost importance. Therefore, clause 15 sets out a duty to consult with regulators when appropriate national authorities are using the powers under clause 1. That will provide an opportunity for regulators to express their view on unmet demand and on the content of any resultant negotiations. Given that the Bill already legislates for that, I do not see the need to repeat such an obligation in clause 2.

The proposed amendment also extends the consultation to give regard to the views of professional bodies. I am sure that appropriate national authorities, as a matter of good practice, will look to liaise with such bodies where appropriate. I hope the Committee is reassured that measures are in place to guide the application of the clause and provide transparency of how decisions will be made, as the hon. Member rightly suggests is required, as well as appropriate engagement with key parties. There is no need, therefore, to set that out further in the Bill. As such, I ask the hon. Member to withdraw the amendment.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful for the Minister’s response. I come back to the point that the Lords Delegated Powers and Regulatory Reform Committee made—that this part of the Bill does not contain the duty to consult. I take his point about it being later in the Bill, but the point is, if the Government are happy to put it in later on, why is it missing here? We have not really had an answer, so we will test the will of the Committee.

Question put, That the amendment be made.

0

Division 1

Ayes: 7


Labour: 6
Scottish National Party: 1

Noes: 9


Conservative: 9

Question proposed, That the clause stand part of the Bill.
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 2 restricts the use of power for an appropriate national authority to make regulations under clause 1. It does so by limiting the use of power to a specific set of circumstances and introducing the condition that the appropriate national authority can make regulations only where to do so would address an unmet demand for the services provided by that profession, such as by preventing unreasonable delays and charges.

The clause provides reassurance that both the UK Government and the devolved Administrations can exercise the power in clause 1 only when there is clear public interest and when it is in their competence to do so. That means that action can be taken where necessary to meet the demand for services, ensuring recognition for appropriately qualified professionals in demand areas. It prevents regulations from being made under clause 1 where regulators already have sufficient existing recognition routes in place. In those circumstances, the condition in clause 2 would not be met. Clause 2 does not prevent regulators from using existing powers to create routes to recognition; it simply ensures that where there is pressing need, the regulations can be made.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

Clause 3

Implementation of international recognition agreements

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

The UK is the second-largest exporter of services in the world. The clause is therefore needed to ensure that the UK can meet its international obligations, allowing appropriate national authorities to implement parts of international agreements relating to professional qualifications. Nothing implemented under the clause can force regulators to recognise applicants who are unfit to practise, or materially adversely affect the knowledge, skills and experience of the individuals practising a profession.

As many professions in the UK are already subject to existing legislative frameworks, including primary legislation, amendment may be required to reflect the terms of international agreements on professional qualifications and to be consistent with our international obligations. Existing powers may not provide for the full implementation of international agreements, which is why clause 3 is so important.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 4

Authorisation to enter into regulator recognition agreements

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---
Chi Onwurah Portrait Chi Onwurah (Newcastle upon Tyne Central) (Lab)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Mr Pritchard. I will not detain the Committee for long, but I will speak briefly in support of the new clause in my name and that of my hon. Friend the Member for Sefton Central, who made some excellent comments.

I declare a slight interest as having a professional qualification myself—that of a chartered engineer. That qualification is not part of the list of qualifications that will be subject to the legislation, but professional qualifications are an important part of many sectors, such as engineering, in our economy and our public realm. They are a significant factor in the protection of service users. Think of the many professions that have such an impact on service users, from the legal profession to chartered engineering, medical professions and nursing. It is important that those professions are well regulated, and the Bill is important to all our constituents. Newcastle, for example, has many professionals who benefit from the recognition of their qualifications.

We want the UK to be the best place in the world to live and work. That means being able to attract those with professional qualifications. We must recognise the importance of the autonomy of the regulators, provided for by Labour amendments during the passage of the Bill, and the importance of appropriate guidance, for which the new clause seeks to provide, for professional qualification regulators, particularly when it comes to the impact of trade deals. Many of us in this House—I bow to my hon. Friend the Member for Sefton Central with his extensive experience, however—might find the intricacies of the many trade agreements somewhat difficult to master, so it is critical that the regulators of professional qualifications have the support and guidance that the new clause seeks.

I note, for example, that in the EU-UK trade agreement we have not achieved any reciprocity of professional qualification recognition, so we are in a worse position than we were before leaving the European Union. For many with professional qualifications in this country—lawyers, engineers—being able to work abroad is an important part of their training. I myself worked in France, the US and Nigeria for some time, bringing skills back to this country. Not having reciprocal agreements in many areas leaves us worse off with regard to, say, the European Union, where there is a system of automatic recognition of professional qualifications for seven sector professionals—nurses, midwives, doctors, dentists, pharmacists, architects and vets—and a general system that enables workers to have their professional qualifications recognised.

Given the challenges of negotiating a mutual recognition agreement, surely the Minister understands that many of the professional qualification regulators could benefit from the advice and guidance of his Department and, more broadly, of the Government, with all their experience. Therefore, in providing for an obligation on the Secretary of State to provide guidance to regulators concerning mutual recognition—specifically under the European Union-UK trade and co-operation agreement—and in supporting regulators, the new clause would protect all our constituents by ensuring the quality and professionalism of the services that they very much enjoy now and hope to continue to do so.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank hon. Members for the new clause, which seeks to place the obligation on the Secretary of State to provide additional support, co-ordination and guidance to regulators on mutual recognition agreements under the trade and co-operation agreement. Noting the importance of regulatory recognition agreements in supporting professionals who are qualified in one jurisdiction to work in another, I will also explain the benefits of the clause standing part of the Bill.

On the new clause, the hon. Member for Sefton Central was right to acknowledge that, since the end of the transition period, the process by which UK-qualified professionals seek recognition in the EU has changed. Professionals are now subject to the relevant rules in EU member states.

The hon. Member for Newcastle upon Tyne Central talked about the negotiations and about mutual recognition and reciprocal arrangements. The UK proposed ambitious arrangements on professional qualification recognition during the negotiation of the TCA, but regrettably the EU did not engage with them at that point. Instead, we agreed provisions based on existing EU precedent. The TCA provides a mechanism for the UK and EU to discuss the potential for mutual recognition of professional qualifications, where that is in both parties’ interests to do so.

Regulator recognition agreements can make it easier for professionals to navigate that landscape, as we heard, and agreements can be reached independently between regulators or under the TCA. Article 158 of the TCA provides a framework for the UK and the EU to agree arrangements to facilitate recognition of professional qualifications. Using that process, regulators and professional bodies may develop joint recommendations for professional recognition arrangements to be adopted. Annex 24 to the TCA contains guidelines to help them to do so. My officials are holding discussions with their counterparts in the European Commission to clarify the detailed process for making the best use of this framework.

I turn to the support available for regulators. Last year, BEIS established a dedicated recognition arrangements team to provide the support, guidance and co-ordination to regulators of professional bodies that the hon. Members have asked for. There is considerable experience there. That team supports them to pursue recognition arrangements through the framework of the TCA and other trade deals, and on an independent, regulator-to-regulator basis.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful to the Minister for describing the dedicated support team that the Department has set up. Will he give us some examples of the advice it has been able to give already? How many inquiries has it had from regulators or professional bodies?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I will happily write to the hon. Gentleman with that detail. I have not been directly involved in that advice. None the less, we are here to talk about the amendment. The debate for today is whether we put that experience and advice on the face the Bill or have the existing structure, whereby that team is already offering that advice, is available and is stepping up with its experience to do so. That team regularly engages with regulators of professional bodies. It has published technical guidance on gov.uk. It is obviously going to be hard to quantify how many people have read and used that information, but information on how to seek recognition arrangements inside and outside the TCA is there.

The Department has also provided limited, targeted financial support to regulators seeking to agree recognition arrangements for a pilot recognition arrangements grant programme. I hope the hon. Member is therefore assured that the Government share the priority highlighted by his amendment and have already instituted support for regulated and professional bodies to make the most of the provisions in the TCA.

Clause 4 is part of our support for regulators as they pursue recognition agreements, ensuring that all regulators can take full advantage of international opportunities and enter recognition agreements at their discretion. Some regulators believe that they can already do so with their overseas counterparts and seize those opportunities. For example, the Financial Reporting Council has entered into a memorandum of understanding with the Irish Auditing and Accounting Supervisory Authority. If they can already enter recognition agreements, no further action is needed, but many regulators are currently considering recognition arrangements for the first time, and not all regulators have clear powers to enter them. Clause 4 can help. The Government are committed to supporting regulator recognition to fit legal agreements with the EU and beyond, and have taken action with that aim.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful to the Minister for his answers, which I will come back to. I commend my hon. Friend the Member for Newcastle upon Tyne Central for what she said about the importance of different professions, including her own, as part of the UK’s economic success, exporting around the world, gaining experience and returning it to this country. It is clearly in all our interests that we have good trade in services and facilitate that by supporting our professional services to trade internationally. She gave some excellent examples from across the professions of exactly why that matters and why it is a concern that we are relying on a clause that has not seen after three years any mutual recognition agreements signed up to in the corresponding EU-Canada agreement. That is the reason for the amendment and why we are raising this concern.

I am given a degree of assurance by the Minister that the dedicated support team is in place. I just gently say to him that, as the Minister, he really should have anticipated my question and probably pre-empted it by giving us some examples. I hope he is not going to blame his officials, because he should have asked for that information before, so that he could give us examples of the team in operation and told us how many inquiries there had been.

--- Later in debate ---
None Portrait The Chair
- Hansard -

I remind the Committee that, as I set out in the preamble, the Question that is about to be put relates to clause 4, not to new clause 1. The debate on both has just taken place, but the decision on new clause 1, on which the shadow Minister has indicated his thinking, will come later.

Question put and agreed to.

Clause 4 accordingly ordered to stand part of the Bill.

Clause 5

Revocation of general EU system of recognition of overseas qualifications

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

To clarify for the record, the team has taken steps forward, because there is already advice and guidance on gov.uk and a pilot grant programme is working. As I said, I will write to the hon. Member for Sefton Central with the specifics that he asked for.

Clause 5 revokes the European Union (Recognition of Professional Qualifications) Regulations 2015, which implemented the EU’s general system to facilitate the recognition of professional qualifications from the EEA and Switzerland, as set out in the EU directive on the mutual recognition of professional qualifications. The regulations were retained temporarily to provide certainty to businesses and public services at the end of the transition period, but the time has come to change our approach now that the UK is an independent trading nation, free of the obligations of the EU single market.

Several such modifications will be made to various pieces of legislation, and the most practical means to make those changes is by taking the power to do so through regulations, rather than by attempting to amend various regulations through the Bill.

Chi Onwurah Portrait Chi Onwurah
- Hansard - - - Excerpts

The Minister spoke about revoking the European Union provisions. With regard to mutual recognition for qualifications, does he think that British professionals are in a better position now than they were before?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Many regulators will continue to be able to make their own determination in those areas, but the Bill will create a wider framework. The Architects Registration Board and the General Dental Council, for example, will be able to take wider views as a result of the Bill.

The Government remain committed to international agreements, including the EU withdrawal agreement, the EEA EFTA separation agreement, and the Swiss citizens’ rights agreement, all of which the Bill upholds. We gave effect to those agreements in regulations in 2019 and 2020, and there are protections in place for existing recognition decisions, which the Bill upholds.

Clause 5 does not affect those agreements or professionals who have already had their qualifications recognised in the UK, who will continue to be able to practise, provided that they continue to meet any ongoing practice requirements. The clause simply ends the legacy of EU qualification recognition in UK law.

Question put and agreed to.         

Clause 5 accordingly ordered to stand part of the Bill.

Clause 6

Revocation of other retained EU recognition law

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 6 complements clause 5 by providing a power for modifications to be made to other retained EU recognition law in order to cause it to cease having any effect. It enables the UK Government and the devolved Administrations to bring an end to the legislation for specific sectors that continue to implement EU qualification recognition law.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 7

Assistance centre

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 7 provides a statutory basis for the continued delivery of an assistance centre. It is an inquiry service that provides support to overseas professionals seeking to practise in the UK, as well as to UK professionals seeking to practise overseas.

Question put and agreed to.

Clause 7 accordingly ordered to stand part of the Bill.

Clause 8

Duty of regulator to publish information on requirements to practise

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 8 is about increasing transparency by requiring regulators of professions in all parts of the UK to publish information on entry and practise requirements. Our evidence gathering found that the complex regulatory landscape is sometimes difficult for professionals to navigate, including in relation to transparency of information regarding entry into professions and application fees, so the clause requires regulators to make available the information about what qualifications or experience are needed, application processes, registration processes, how to continue to practise, ongoing training units and fees.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clause 9

Duty of regulator to provide information to regulator in another part of UK

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I beg to move amendment 3, in clause 9, page 8, line 12, at end insert—

“(6) Nothing in this section affects the establishment or operation of a common framework agreement relating to professional qualifications.

(7) A “common framework agreement” is any agreement between a Minister of the Crown and one or more devolved authorities as to how devolved or transferred matters previously governed by EU law are to be regulated.”

This amendment provides additional reassurances to devolved administrations that the Act does not affect the establishment or operation of common framework agreements which are devolved matters.

The amendment provides additional reassurances to devolved Administrations that the Bill will not affect the establishment or operation of common framework agreements, which are devolved matters—that is to say any agreement between a Minister and a devolved authority as to how devolved matters previously governed by EU law are to be regulated—relating to professional qualifications. It is important that when divesting powers to a devolved authority, we allow those powers to remain and do not seek to revoke them on a whim, buried in a Bill such as the one we are debating.

The position of the Labour Government in Wales is that assurances by Ministers in Westminster that they will not use powers granted to them without consultation with devolved Administrations is not good enough. If Ministers say they will do something, they should be prepared to put their commitments on the face of the Bill. Indeed, as the Welsh Government say, although the UK Government have stated that they do not intend to use the concurrent powers in the areas of devolved competence without the agreement of the relevant DAs, the provisions in the Bill do not reflect that, and the Secretary of State and Lord Chancellor would be able to exercise these powers in devolved areas without requiring any consent from Welsh Ministers. As representatives of the devolved Administrations are telling the Government, matters that were previously the preserve of the devolved Administrations, such as common framework agreements, should remain so.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Member for the amendment, which seeks to ensure that clause 9 does not affect the establishment or operation of a common framework. A framework for the regulation of professional qualifications is under development between the UK Government, the Scottish Government, the Welsh Senedd and the Northern Ireland Executive, to ensure a common approach on powers that have returned following our exit from the European Union and that intersect with devolved legislative competences. Those discussions are well advanced, and they are a testament to the collaborative and collegiate working between Administrations.

Although the amendment relates specifically to clause 9, let me reassure the Committee that we are committed to ensuring that the provisions in the Bill work alongside the common framework programme, and we will consider this as we develop the framework further. However, the common framework is a separate entity. The Bill does not constrain it in any way, and a reference to that effect on the face of the Bill is entirely unnecessary. I hope that reassures the hon. Member and that he will withdraw his amendment.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

Well, that is not the view of the Welsh Government. [Interruption.] We could go into the support that the Welsh Government have given the UK Government recently on tests, but you might tell me to move on rather quickly, Mr Pritchard.

The point that the Welsh Government are making is that it is very important that confidence is retained and that there is no indication of the UK Government going into areas of devolved competence without agreement. The Bill is going through Parliament now. There is no indication of a final date on the wider negotiations and discussions that the Minister referred to. It would therefore be prudent to ensure that in areas such as the common framework, which the Government have committed to, they intend to follow such an approach. If so, they should have no concerns about the provision being in the Bill. On that basis, I would like to press the amendment to a vote.

Question put, That the amendment be made.

0

Division 2

Ayes: 7


Labour: 6
Scottish National Party: 1

Noes: 9


Conservative: 9

Question proposed, That the clause stand part of the Bill.
--- Later in debate ---
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 9 ensures that regulators in one part of the UK share information with a regulator in another part of the UK. It places a duty on UK regulators, when requested, to provide information that they hold to another regulator. The information must relate to individuals who are entitled to practise the relevant profession in part of the UK.

In many cases, information sharing between regulators is already done on a voluntary basis. The clause will ensure that good practice continues across professions in the UK. It means that when an individual applies to practise a profession or moves between jurisdictions within the UK, the regulators have the necessary information to assess that individual’s entitlement to practise. It is limited to information held by the UK regulator about the individual and would not require a regulator to obtain information that it does not already hold. It makes sure that information sharing takes place if the practice does not already exist, and where it does exist, the clause ensures that it continues in the unlikely event that voluntary co-operation breaks down.

That approach supports co-operation between regulators across the UK to help protect consumers and public health. Information sharing can inform regulatory action, for example if there is evidence of malpractice, because regulators are best placed to determine whether they require further information about an individual to inform their decisions on entitlement to practise. The clause therefore provides flexibility to regulators on whether they want to ask a counterpart regulator in another part of the UK for that information.

I will also take this opportunity to reassure the hon. Members whose amendment has failed to gain approval in this place that commitments were made at the Dispatch Box in the other place that we would work with our counterparts in the DAs to complete the common framework. We will continue to work towards that. We have offered to revisit whether the Bill’s provisions should be referenced in the framework itself. With common frameworks, including regulated vocational qualifications, there has always been a shared sentiment between the UK nations that there should not be legislative underpinning; that they are more successful when entered into voluntarily, with the focus on collaboration, information sharing and good practice.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clause 10

Duty of regulator to provide information to overseas regulator

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 10 places a duty on UK regulators, when requested, to provide information to overseas regulators relating to individuals who are or have been entitled to practise the relevant profession in the UK, assisting professionals practising in the UK who are seeking to practise their profession abroad by ensuring that overseas regulators have the information to assess an individual’s entitlement to practise.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.

Clause 11

Amendments to the Architects Act 1997

Question proposed, That the clause stand part of the Bill.
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

This clause relates to the recognition of internationally qualified architects in the UK and the administration of the system by the profession’s regulator, the Architects Registration Board. It is designed to facilitate a new system that will replace the interim recognitions system, which gives EU qualification holders an expedited route on to the UK register.

Question put and agreed to.

Clause 11 accordingly ordered to stand part of the Bill.

Clause 12

Crown application

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

This clause ensures that regulators that are part of the Crown or act on its behalf are bound by the provisions in the Bill, and regulations made under it, in the same way as other regulators. That includes executive agencies of Government Departments, such as the Health and Safety Executive.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

Clause 13

General provision about regulations

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

The clause details the extent and limits of the powers to make regulation provided to appropriate national authorities in the Bill. It is a framework Bill. The clauses are essential to ensure that the Bill works in practice and can carry out its intended functions. It details new powers that can be used to make supplementary, incidental or saving provisions. It also sets out where the Bill does not allow powers to make regulations to modify legislation. That ensures that the use of the Bill stays within its remit.

Question put and agreed to.

Clause 13 accordingly ordered to stand part of the Bill.

Clause 14

Protection of regulator autonomy

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I beg to move amendment 4, in clause 14, page 11, line 13, at end insert—

“(6) Subsections (7) to (9) apply where the Secretary of State makes regulations as the appropriate national authority under this Act which extend to the whole of England and Wales, Scotland and Northern Ireland.

(7) Before making such regulations, the Secretary of State must—

(a) consult such persons as the Secretary of State considers appropriate, and

(b) following that consultation, seek the consent of the Scottish Ministers, the Welsh Ministers and a Northern Ireland department.

(8) If consent to regulations is not given by a relevant authority set out in subsection (7)(b) within the period of one month beginning with the day on which consent is sought from that authority, the Secretary of State may make the regulations without that consent.

(9) If regulations are made in reliance on subsection (8), the Secretary of State must publish a statement explaining why the Secretary of State decided to make the regulations without the consent of the relevant authority.”

This amendment obliges the Secretary of State to consult the devolved administrations where regulations affect a regulator that covers the whole of the United Kingdom.

The amendment obliges the Secretary of State to consult the devolved Administrations where regulations affect a regulator that covers the whole of the United Kingdom, and we will be pushing it to a vote. The amendment is important because there are some regulators that operate on a devolved basis—the Law Society, for example, because of the different legal systems across the nations of the United Kingdom. Another example is the Institute of Chartered Accountants in England and Wales, which is separate from the Institute of Chartered Accountants of Scotland. Those are two regulators covering different areas of the country.

In those cases the relevant devolved Administration must be consulted before regulations that affect that nation are made. There are also regulators that govern the whole of the United Kingdom, such as the Civil Aviation Authority or the Royal College of Veterinary Surgeons. Just as the Government should consult the devolved Administrations when making regulations that affect the individual nation, so too should they consult the devolved Administrations when a regulation is made that affects the whole of the United Kingdom.

The amendment does not give the devolved Administrations the power to overrule the Secretary of State. Withholding consent does not mean new regulations will not be introduced. Instead, it allows those devolved Administrations to make their representations, and it gives them a statutory right to argue their case to the Secretary of State and try to change his or her mind. If the Secretary of State still believes their course of action is the correct one, despite representations from the appropriate devolved Administration, in their authority as Secretary of State they will, of course, still be empowered to make regulations.

The amendment adopts the formula that was adopted in the United Kingdom Internal Market Act 2020, so we are asking for the Government to follow their own lead.

--- Later in debate ---
Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

The hon. Member is right, of course. We may not agree entirely, but we are trying to hold the Minister and the Government to consistency with their own measures through our amendment. That is the spirit in which it is intended, with the one-month period in the amendment in which consultation should take place. It is an attempt to improve on a wholly inadequate and unacceptable situation, putting in some degree of consultation. I accept the difference of opinion between us on the ideal, but that is what we are trying to do with the amendment. His colleagues could have tabled an amendment to go further, but they have not done so in this case. Our amendment is what we can vote on.

It might seem odd for the Government to be inconsistent—now I come to think of it, perhaps it is not odd at all—and, in a rational world, we might expect them to take the same approach that they obligated just over a year ago, applying that consistently across post-Brexit legislation. That seems like a good idea to me. I wonder what the Minister thinks.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Member for the amendment, which seeks to require the Government to consult with appropriate persons and to seek the consent of the devolved Administrations when making regulations that extend to the whole of the UK, even when legislating in a reserved area. As the Government have set out repeatedly, it is absolutely not the Government’s intention to make regulations in relation to matters on which the devolved Governments could legislate without seeking their view.

Lord Grimstone has put that assurance on the record many times in the other place, including in correspondence with ministerial counterparts in the devolved nations. We are therefore not convinced that the amendment is preferable to the Government’s own, more flexible proposals, which Ministers of all four nations are now discussing.

Working with the devolved Administrations is the way to make the Bill operate best for all our UK nations. That is why I and Lord Grimstone wrote to our ministerial counterparts in the devolved Administration ahead of Second Reading, offering to put a duty to consult with devolved Administrations in the Bill. Thus far, Ministers in the devolved Administrations have rejected our offer, but our discussions are ongoing.

I hope that we will be able to reach an outcome that maintains the policy integrity of the Bill while giving all four nations of the UK the assurances that they need about the operation of the powers.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I wonder whether the Minister will clear something up for me. If he gets an indication from the devolved Administrations, is it his intention to come back on Report with a Government amendment to put that duty to consult into the Bill?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

That is exactly why we continue to discuss ahead of further stages of the Bill. As I say, we offered an amendment to provide for the duty to consult and to publish the outcome of the consultation. That was rejected by the Scottish and Welsh Governments. A rationale for the inclusion of the current powers and the reasons why a consent mechanism would not be possible on the face of this Bill were shared with the Welsh Government on 22 September. However, we will continue to work with the Welsh and Scottish Governments and the Northern Ireland Executive on that basis, to try to do everything we can to secure an agreement.

Stephen Flynn Portrait Stephen Flynn
- Hansard - - - Excerpts

I take cognisance of what the Minister says, but the reality of the situation is that we have seen Bill after Bill introduced by the UK Government delving into devolved areas of competence. If the UK Government really had a respect agenda, they would try to solve those problems before such Bills came before the House—although the Bill has a number of other issues as well. How confident is he that he will be able to get agreement with the devolved nations in this regard?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

In terms of confidence, all I can say to the hon. Gentleman is that I will continue to try. I am keen that we do everything we can as a UK Government to stretch our arms out and to say, “We want to work with the Scottish and Welsh Governments and the Northern Ireland Executive to get the skills list.”

Stephen Flynn Portrait Stephen Flynn
- Hansard - - - Excerpts

I thank the Minister for giving way again; he is being very generous. Just for clarity, is he saying that he will try incredibly hard, but if the devolved Administrations are not happy, he will ultimately override them and force through his views?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I think we have made it clear with the devolved Administrations that we want to get as many agreements as we can, but we need to press on with this legislation. However, that is not the same as closing down the conversation. It is important that we do everything we can to work with them.

This amendment has some similarities to the Government’s own position, in that it advocates consultation. However, as with some of the other proposals that we have discussed, the amendment is somewhat less flexible and therefore less satisfactory than the Government’s own approach.

For example, the amendment is limited to regulations that extend across all four nations. What if the Lord Chancellor wished to make regulations under the Bill, or the regulations extended to only two or three nations of the UK? The amendment would oblige the Government to seek the consent of the devolved Administrations even when legislating in the reserved area that I have talked about.

Hon. Members will be aware that the Bill now includes a duty to consult regulators, which extends to regulators in the devolved nations. In addition to the consultation that we would normally undertake with devolved Administrations, wherever appropriate we will engage directly with those closest to the issues before making regulations.

I will continue to engage, as I have said, with my counterparts in the devolved Administrations to persuade them of the merits of the Government’s approach. I do not believe that the amendment is preferable to the Government’s approach, so I ask the hon. Member to withdraw it.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

We have had an interesting series of exchanges. The hon. Member for Aberdeen South made the point well that we see this approach in Bill after Bill; indeed, we see it in clause after clause in Bill after Bill. We have already seen it in more than one clause today.

We have hit the nail on the head with the amendment, because we are calling for consistency. In the absence of a formally agreed commitment to wider consultation, if it was good enough 13 months ago to provide for a one-month period of consultation, with the Secretary of State having the final say after listening to representations or if representations were not forthcoming, why is it not good enough today? On that basis, I will press the amendment to a vote.

Question put, That the amendment be made.

0

Division 3

Ayes: 6


Labour: 6

Noes: 9


Conservative: 9

Question proposed, That the clause stand part of the Bill.
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 14 protects regulators’ autonomy with regard to their ability to prevent individuals who are unfit to practise from doing so. The autonomy of regulators in determining those who can practise professions and maintain standards is paramount. The regulators are the experts and they are best placed to determine who should practise in their professions.

The Government added this clause during proceedings on the Bill in the House of Lords, recognising that enshrining this commitment provided important legislative reassurance and support to regulators to deliver their core function. Peers and regulators welcomed the addition of the clause and were content that it protects the regulator’s autonomy. It places two conditions on regulations made under clauses 1, 3 and 4, which are the clauses most relevant to regulator autonomy.

The first condition is that the regulations cannot remove the regulator’s ability to prevent unfit individuals from practising a profession, and the second is that the regulations cannot have a material adverse effect on the knowledge, skills or experience of individuals practising a regulated profession. The effect is that the regulations cannot lower the required standards for an individual to practise a profession in the UK or part of the UK.

Taken together, these two conditions make sure that regulators will retain the final say over who practises in their profession and that the standards of individuals practising professions are maintained.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Consultation with regulators

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 15 places a duty on appropriate national authorities to consult regulators who are likely to be affected by, or are otherwise considered appropriate to consult on, regulations made under clauses 1, 3 and 4 of the Bill. They must do so before such regulations are made. The Government added the clause during proceedings on the Bill in the House of Lords, recognising that enshrining this commitment provided important legislative reassurance and support to regulators to deliver their core function. Peers and regulators welcomed the addition of this clause.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16

Authority by whom regulations may be made

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 16 sets out who is an appropriate national authority for the purpose of this Bill. Appropriate national authorities may make regulations where specified for the purposes set out under this clause. In addition to the Secretary of State, the Lord Chancellor is also considered an appropriate national authority and may make regulations under the Bill.

Question put and agreed to.

Clause 16 accordingly ordered to stand part of the Bill.

Clause 17

Parliamentary procedure

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 17 sets out the parliamentary procedure for how regulations under the Bill should be made, including the situations in which legislation must be subject to the affirmative resolution procedure or may be subject to the negative resolution procedure. The clause also sets out how this works for all nations of the UK.

Question put and agreed to.

Clause 17 accordingly ordered to stand part of the Bill.

Clause 18

Interpretation

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 18 provides interpretation of the terms used in the Bill. It includes clear definition so that there is no ambiguity over the meaning of the Bill’s provisions and how they apply.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Clause 19

Extent

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 19 details the territorial extent of the Bill. The regulation of some professions is devolved. The Bill respects the devolution settlement and the fact that professions have different regulators in different parts of the UK. It covers regulated professions and regulators across the United Kingdom and extends to England, Wales, Scotland and Northern Ireland.

Question put and agreed to.

Clause 19 accordingly ordered to stand part of the Bill.

Clause 20

Commencement

Question proposed, That the clause stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 20 sets out procedural detail for the commencement of the provisions of the Bill. It stipulates the timings at which, and conditions under which, the various sections and sub-sections will come into force.

Question put and agreed to.

Clause 20 accordingly ordered to stand part of the Bill.

Clause 21

Short title

Amendment proposed: 1, in clause 21, page 15, line 11, leave out subsection (2)—(Paul Scully.)

This amendment removes the privilege amendment inserted by the Lords.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

This poses the question of why the Government are proposing this amendment. Perhaps the Minister will explain why they are removing the provision which says that nothing in the Act will impose any charges on the public or on public funds. Does he expect that the Act will, indeed, incur costs to the public purse, perhaps to the regulators or those professionals working in the regulated sector? Will he provide assurances around what costs they now expect?

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

The House of Lords maintains the approach that when a Bill is introduced in the Lords, it does not involve taxation or public spending, deal with non-domestic rates or council tax, or otherwise infringe financial privileges. The House of Lords does that via the privilege amendment. There is no equivalent for Bills that start in the Commons. We believe that it is appropriate—this is a technical move—to remove that privilege.

Amendment 1 agreed to.

Question proposed, That the clause, as amended, stand part of the Bill.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

Clause 21 gives the short title of the Bill for references to it in future papers or bodies of work. The short title is the Professional Qualifications Act 2021.

Question put and agreed to.

Clause 21, as amended, accordingly ordered to stand part of the Bill.

New Clause 2

Skills shortages reporting

“In relation to any regulated profession falling under the provisions of this Act, the Secretary of State must lay before Parliament an annual report detailing any workforce shortages, including what measures are being taken to resolve the shortages.”—(Bill Esterson.)

This new clause obliges the Secretary of State to produce an annual report setting out which sectors are facing skills shortages and what measures are being taken to resolve the shortages.

Brought up, and read the First time.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

We have serious shortages of skilled workers, so the new clause obliges the Secretary of State to produce an annual report setting out which sectors are facing skills shortages and what measures are being taken to resolve those shortages.

As the Royal College of Nursing notes, we went into this pandemic with 50,000 nursing vacancies in the UK, and we are likely to have lost far more nurses throughout. The British Medical Association has estimated a shortage of around 49,000 doctors and doctors in training across primary and secondary care. The Royal College of Veterinary Surgeons has identified a shortfall of nearly 1,000 vets. Meanwhile, professional services firms in the UK have warned of a growing shortage of white-collar workers as companies fight for top talent amid a global economic recovery from the coronavirus crisis.

There are shortages across the economy. HGV drivers have been given an enormous amount of attention because of their impact on supply chains—including, at times, with fuel suppliers, but more commonly with food. We have all noticed that our favourite food has sometimes not been available on supermarket shelves. I talked to the manager of a store in my constituency on Friday. He said that that is week to week, and it is down to shortages, including of drivers.

The role of driving examiners is covered in this Bill; there is an interdependency between what is in the Bill and what is not. It is essential that the Bill gets that right so that our country has the skills it needs, today and in the future. By requiring the Secretary of State to produce an annual report setting out the areas in which we face skills shortages, we will be able to see some of the more obvious shortages in advance, giving the Government some chance of mitigating the problems before they become a crisis.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Member for his new clause, which introduces a reporting requirement to set out the professions facing workforce shortages and the measures that are being taken to resolve those shortages. I would like to make it clear from the outset—much as Lord Grimstone, my colleague in the other place, has done—that the Bill is not solely about addressing UK workforce shortages, but about ensuing that professional qualification recognition works for the UK.

Clause 1 allows appropriate national authorities to act where there is unmet demand, ensuring that regulations have the processes in place to assess overseas professionals who might help to alleviate that. That is not a replacement for the Government’s skills strategy. In this instance, the Bill is one part of a means to meet unmet demand or shortages. The Bill does not undercut, nor will it replace, the work that the Government are undertaking to support home-grown skills.

The Government already publish information on workforce shortages. For example, the shortage occupation list is a publicly available document comprising professions and occupations that experts at the Migration Advisory Committee deem to be in shortage. Given that workforce shortages are already documented in such a way, with expert input, and with the next shortage occupation list review taking place this year, there is no need for the Secretary of State to also publish a report on professions in shortage.

I turn to the request to report on the measures that are being taken to address workforce shortages. The Government have set out an ambitious reform programme in the “Skills for jobs” White Paper, focusing on giving people the skills that they need in a way that suits them. For example, the lifetime skills guarantee is already being delivered through a wide range of activities, from short, flexible, employer-led bootcamps to the skills accelerator, and by enabling providers to have more control over budgets and funding levels. As Members can see, the Government are already undertaking a great deal of work on both identifying workforce and skills shortages and developing approaches to tackling them. A requirement in the Bill for the Secretary of State to publish a report on workforce shortages would be unnecessary, and it would result in the duplication of work that was being undertaken elsewhere in the Government. I therefore ask that the amendment be withdrawn.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

The Minister referred to skills development. When I meet businesses around the country, as he does, that is often the first item on the agenda. There is great concern about the shortage of technical skills, some of which are covered by the Bill and some not. Parity of esteem within that wider skills agenda is at the heart of what businesses are calling for. Any measure that can be taken to improve understanding, address shortages and find a long-term approach to developing skills—by training people in this country in technical and vocational areas, and by valuing technical learning and the development of skills as much as we do academia—is key.

Where we have shortages, it makes sense to have a systematic approach to addressing them. I read out the figures earlier for what things were like before the pandemic. They have become worse as a result of the pandemic, and they have been exacerbated by the gaping holes that the Government have left in the trade and co-operation agreement with the EU. The Government have belatedly acknowledged some of that, including by adding care workers to the shortage occupation list, which I asked about in a written question a few months ago. There is clear recognition of the need to address these skills shortages. The amendment would put in place a system for the professions covered by the Bill to put that the Government in the strongest possible place to identify and address the shortages. It seems to me that that would be a valuable tool, rather than the Government’s more fragmented approach—the Minister explained it very well—which is one reason why we have shortages. We will press the amendment to a vote.

Question put, That the clause be read a Second time.

0

Division 4

Ayes: 7


Labour: 6
Scottish National Party: 1

Noes: 9


Conservative: 9

New Clause 3
--- Later in debate ---
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Gentleman for the amendment. It has been previously considered in the House of Lords, both in Committee and on Report; we turn to it once again. I can confirm that professionals who have already had their qualifications recognised in the UK will be able to continue to rely on those recognition decisions. The revocation of the EU-derived system for recognising qualifications will not impact on the ability of professionals with existing recognition decisions to continue practising in the UK. Nothing in the Bill, nor the regulations anticipated under it, will interfere with or reverse such decisions. Professionals with recognition decisions will need to meet any ongoing practice requirements, but that is for the relevant regulator to determine, so the Bill does not make commitments in those areas.

Regulations commenced in clause 5 will include saving and transitional periods, to ensure that professionals’ existing recognition decisions continue to be valid, and applications made before revocation comes into effect through the commencement regulations will continue to be assessed under the relevant EU-derived recognition laws. It is possible to make similar provisions in regulations under clause 6, so we believe that this matter is best dealt with through the saving provisions in the secondary legislation. That is consistent with the approach that the UK Government and devolved Administrations took when amending EU legislation on recognition of professional qualifications in order to prepare for leaving the EU in the first place. As I have assured the Committee, the Bill also respects the protections in place for existing recognition decisions that are born from the UK’s international agreements. I therefore ask that the amendment be withdrawn.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

There was an interesting admission from the Minister that he thought that secondary legislation could achieve what we are aiming for with the amendment. My concern is that a significant part of our professional workforce have a recognition of their qualifications in the UK. Hearing his words, I doubt that they would feel particularly confident or certain of their future, because although he may have no intention to use the lack of confirmation in the Bill, one of his successors may take a rather different view. That is why professional workers and their employers want confidence. We all know the importance of confidence and certainty for our economy, let alone for the individuals who are subject to the amendment and on whom everybody relies, which is why we will press the amendment to a vote.

Question put, That the clause be read a Second time.

0

Division 5

Ayes: 7


Labour: 6
Scottish National Party: 1

Noes: 9


Conservative: 9

New Clause 4
--- Later in debate ---
Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful to my hon. Friend, who has explained very neatly with that example why the new clause is important. Due to the increased number of regulators in scope of the legislation, the Government also had to publish an updated impact assessment, with the total cost to regulators increasing by nearly £2 million. That is hardly the way to inspire confidence that the legislation will help businesses or skilled workers.

The Government were criticised from all sides in the Lords, including by those on their own Back Benches. Baroness Noakes said that

“it has all the hallmarks of being a Bill conceived and executed by officials with little or no ministerial policy direction or oversight...we learn that the Bill was drafted with a far-from-perfect understanding of the territory that it purports to cover. This is no way to legislate.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 149.]

My Labour colleague Baroness Hayter said of the list:

“I understand that it has taken BEIS a little time to get it right. I think we have had two updates of the list, with some regulators added and some gone. I see that the pig farmers have gone from the latest list and the aircraft engineers have also disappeared, as have analytical chemists. However, we have in their place chicken farmers, schoolteachers and waste managers—so it seems that the Government can turn flying pigs into chickens.”—[Official Report, House of Lords, 9 November 2021; Vol. 815, c. 1696.]

I thought that was a good line then, and I still think it is a good line today—and so do the Government!

How can regulators and regulated professionals know whether they have equivalence when the Ministers who are responsible for the Bill do not even know themselves? At Committee stage in the Lords, my Labour colleagues Baroness Hayter and Baroness Blake tabled amendments to encourage Ministers to remove any suggestion of doubt as to which professions were covered by the Bill by placing a list of such professions and their regulators in the Bill and giving Ministers the authority to amend that list as necessary. The Opposition realise that Ministers have subsequently published a full list on the gov.uk website. However, there is no duty on the Minister to regularly maintain and update that site. The new clause places an obligation on the Secretary of State and his Department to maintain the website and, as necessary, update it, giving professions and professionals the certainty they need.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

As I rise for the final time, I thank you for your chairmanship, Mr Pritchard. I thank the hon. Member for the new clause. The Government recognise the need for clarity on who meets the definitions in the Bill. It is for that reason that officials carried out a comprehensive exercise last year across Government, as well as with the devolved Administrations and with the regulators, to determine who the Bill applies to. That extensive engagement culminated in the list of regulators and professions affected by the Bill being published on gov.uk on 14 October 2021—officials are now maintaining that list. We spent a lot of time over that period saying that we were going to publish the list. We have had a series of webinars to which all regulators were invited, and we continue discussions.

The amendment seeks to commit the Government to maintain and publish a list of regulators. Although I understand the desire for transparency, I have reservations about enshrining a list in the Bill. A list of regulators alone does not provide clarity on which regulated professions are affected by the Bill. It might be that organisations that meet the definition of regulator for one or more regulated professions also have responsibilities and functions for professions that do not meet the definition. Listing the regulators would leave it open to interpretation whether it is all or just some of those professions that are affected. If it was some, it would be unclear which were affected.

For example, the Institute of Chartered Accountants in England and Wales regulates statutory audits and is a profession to which the Bill applies. It also regulates chartered accountants, a profession to which the Bill does not apply. The proposed amendment would not provide clarity in regard to which of the professions is a regulated profession in the Bill. As a result, publishing the list of regulators in such a way risks confusion. That is why the Government have committed instead to maintaining a list of regulated professions and regulators to which they consider the Bill applies, and to keep that list readily accessible and in the public domain. I hope hon. Members are assured that the Government are already delivering that action. It is on the record that the list of regulators and regulated professions will be maintained, so there is no need to further state it in the Bill. I hope the new clause can be withdrawn.

Finally, as well as thanking you, Mr Pritchard, I thank the officials, the Clerks, the Doorkeepers and the Whips, and indeed Opposition Members for the way that they have engaged in the process.

Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I am grateful to the Minister; I shall accept his assurances. And I thank you, Mr Pritchard. It is a shame that we will not get to see the other Chair in action; we have denied Ms Bardell her moment in the Chair.

I thank the officials, the Doorkeepers, and the Government Members who sat there quietly and dutifully maintaining their Trappist vows—with the exception of the hon. Member for Calder Valley, who had to be woken up earlier in the proceedings. I thank the Minister and Opposition Members for attending. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Question proposed, That the Chair do report the Bill, as amended, to the House.

Professional Qualifications Bill [Lords]

(Limited Text - Ministerial Extracts only)

Read Full debate

This text is a record of ministerial contributions to a debate held as part of the Professional Qualifications Act 2022 passage through Parliament.

In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.

This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here

This information is provided by Parallel Parliament and does not comprise part of the offical record

Eleanor Laing Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

With this it will be convenient to discuss the following:

New clause 2—Authority by whom regulations may be made (No. 2)—

“(1) In this Act ‘appropriate national authority’ means as follows.

(2) Where the regulations—

(a) contain provision relating to England only,

(b) apply to the United Kingdom as a whole, or

(c) contain provision which is not within the legislative competence of Senedd Cymru, the Scottish Parliament or the Northern Ireland Assembly,

the Secretary of State or the Lord Chancellor is the appropriate national authority.

(3) The Welsh Ministers are the appropriate national authority in relation to regulations under this Act which contain only provision which would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd (ignoring any requirement for the consent of a Minister of the Crown).

(4) The Scottish Ministers are the appropriate national authority in relation to regulations under this Act which contain only provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament.

(5) A Northern Ireland department is the appropriate national authority in relation to regulations under this Act which contain only provision which, if contained in an Act of the Northern Ireland Assembly—

(a) would be within the legislative competence of the Assembly, and

(b) would not require the consent of the Secretary of State.

(6) The consent of a Minister of the Crown is required before any provision is made by the Welsh Ministers in regulations under this Act so far as that provision, if contained in an Act of Senedd Cymru, would require the consent of a Minister of the Crown.

(7) In this section ‘Minister of the Crown’ has the same meaning as in the Ministers of the Crown Act 1975.”

This new clause is intended to replace the current Clause 16. It would mean that the Secretary of State would only make regulations under this Act if they relate to England or the whole of the UK, or are outside the legislative competencies of the Devolved Administrations.

New clause 3—List of regulators and regulated professions—

“(1) The Secretary of State must publish a list of all regulators of regulated professions and the associated professions.

(2) The list must be updated on a regular basis.”

New clause 4—Guidance and assistance concerning mutual recognition—

“Upon the request of a regulator, the Secretary of State must provide guidance and all reasonable assistance on how to make the most of the provisions in the EU-UK Trade and Co-operation Agreement.”

New clause 5—Consent of the devolved authorities—

“(1) Before making regulations under this Act, the Secretary of State or the Lord Chancellor must obtain the consent of—

(a) the Senedd, to the extent that the regulations contain provision which could also be made by the Welsh Ministers by virtue of section 16(2) (ignoring any requirement for the consent of a Minister of the Crown under section 16(5));

(b) the Scottish Parliament, to the extent that the regulations contain provision which could also be made by the Scottish Ministers by virtue of section 16(3);

(c) the Northern Ireland executive, to the extent that the regulations contain provision which could also be made by a Northern Ireland department by virtue of section 16(4).”

Amendment 2, in clause 7, page 5, line 16, at end insert—

“(1A) Before making the arrangements, the Secretary of State must consult the devolved authorities on the functions and operations of the assistance centre.”

This amendment would require the Secretary of State to undertake consultation with the Devolved Authorities on the functions and operations of the Assistance Centre before it comes into being.

Amendment 3, page 5, line 16, at end insert—

“(1A) Before making the arrangements, the Secretary of State must ensure there are representatives from each of the devolved nations on the board of the assistance centre.”

This amendment would require the Secretary of State to ensure there are representatives for each of the devolved nations on the board of the Assistance Centre.

Amendment 4, page 11, line 28, leave out clause 16.

Government amendment 1.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I am today proposing two amendments in relation to the devolved Administrations. New clause 1 would place a duty on the Secretary of State or Lord Chancellor to consult the devolved Administrations before making regulations under the Bill that contain provisions that could be made under the Bill by the devolved authorities themselves. The new clause would also require the Government to publish a report on the consultation. Amendment 1 seeks to amend the Government of Wales Act 2006 so that a Minister of the Crown’s consent is not needed for Senedd Cymru to remove the Secretary of State’s and the Lord Chancellor’s ability to make regulations under the Bill that are within the Senedd’s legislative competence.

I know that hon. Members across the House have shown strong interest in the issue of concurrent powers and devolved competence. To underline the Government’s commitment to a collaborative approach on this issue, I am introducing into the Bill, through the new clause, a new duty to consult devolved Administrations. The duty includes a requirement to publish a report in advance of any regulations being made by the UK Government that would be within devolved legislative competence. That report should set out the consultation process, and whether and how the representations made by the devolved Administrations during the consultation have been taken into account.

My officials and I have engaged extensively with the devolved Administrations during the passage of the Bill and, although we strained every sinew to reach agreement on securing legislative consent, it is a great regret that, unfortunately, we have exhausted all available avenues. Lord Grimstone and I have held eight meetings with our devolved Administrations’ ministerial counterparts. Baroness Bloomfield and Lord Grimstone have held nine industry roundtables, including two specifically for devolved regulators. There have also been weekly official-level meetings during the Bill’s passage and numerous exchanges of letters.

The amendments were originally offered to the devolved Administrations in December 2021, in exchange for support for legislative consent motions from their respective legislatures, but that offer was rejected. But the UK Government are committed to delivering effective policies that work for the whole of the UK, so, to underline that commitment, I am now introducing those amendments without any conditions attached. I strongly believe that, if both Government amendments are accepted, the Bill represents the best outcome for both the UK Government and the devolved Administrations, without impinging on the UK’s ability to act where necessary.

The regulation of professions often falls within devolved legislative competence. For that reason, the Bill gives powers to both UK Government Ministers and devolved Administration Ministers. Some of the powers may be exercised concurrently to allow UK Government Ministers to make UK-wide regulations where appropriate. The most likely use of concurrent powers would be to implement international agreements on professional qualifications that are negotiated on a UK-wide basis. It is vital that the UK Government are able to implement such agreements across the UK in a timely and consistent manner, as failure to do so could jeopardise the UK Government’s credibility and ability to secure ambitious provisions to support UK services exports with global trade partners.

Amendment 1 would allow for an Act of the Senedd to remove UK Ministers’ ability to use powers in the Bill to make regulations that would be within Welsh devolved legislative competence, without the need to first obtain the consent of a Minister of the Crown. The Welsh Government would still be required to consult the UK Government on the removal of powers. That was a key ask from the Welsh Government. It is in line with similar approaches taken by the Government on the Environment Act 2021, the Fisheries Act 2020 and the Agriculture Act 2020.

In introducing those amendments, I hope that Members can see the UK Government’s determination to work collaboratively and transparently with all devolved Administrations and devolved regulators on the provisions of the Bill and on wider regulated professions policy.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
- Hansard - - - Excerpts

Does the shadow Minister want to come in straightaway or shall I go to somebody else?

--- Later in debate ---
Bill Esterson Portrait Bill Esterson
- Hansard - - - Excerpts

I will speak to new clauses 3 and 4 tabled in my name, then briefly come back to the Government amendment and to amendment 3. During the progress of this Bill through the Lords, it became clear that it had been thrown together in a completely unsatisfactory way. The Financial Times described the way in which the Government introduced it as a

“chaotic handling of a post-Brexit regime for recognising the qualifications of foreign professionals”.

Remarkably, the Government admitted introducing the Bill to Parliament without knowing which professions were in scope. We argued in the Lords that we had to know who and what was in the scope of the Bill. It stands to reason that the relevant regulators and professions need to be aware of these changes. Having initially listed 160 professions and 50 regulators that would be affected by the legislation, the Government twice published a revised list, ultimately increasing the numbers to 205 professions and 80 regulators. Due to do the increased number of regulators in scope, the Government also had to publish an updated impact assessment, with the total cost to regulators increasing by almost £2 million. That is hardly the way to inspire confidence that the legislation will help businesses or skilled workers.

The Government were criticised from all sides in the Lords, including by those on their own Benches. Baroness Noakes said that the legislation had

“all the hallmarks of being a Bill conceived and executed by officials with little or no ministerial policy direction or oversight…we learn that the Bill was drafted with a far-from-perfect understanding of the territory that it purports to cover. This is no way to legislate.”—[Official Report, House of Lords, 22 June 2021; Vol. 813, c. 149.]

How can regulators and regulated professionals know where they stand when the Ministers responsible for the Bill do not even know themselves? When I raised this in Committee, the Minister responded that he had

“reservations about enshrining a list in the Bill.”

This was because of concerns about not knowing which professions were ultimately covered. He went on to say that the Government had committed to

“maintaining a list of regulated professions and regulators to which they consider the Bill applies, and to keep that list readily accessible and in the public domain.”––[Official Report, Professional Qualifications Public Bill Committee, 18 January 2022; c. 30.]

It is of course encouraging that the Minister has made such a commitment to maintaining a list. I am not asking Ministers to place a list of regulators on the face of the Bill, but for the certainty that regulators and professionals need to be able to operate with confidence, it is important that they now know whether they are within the scope or not, and that means maintaining the list that Ministers have agreed to keep in the public domain. Web pages can be deleted, links can be lost, and without an amendment requiring the maintenance of a list, there will be no legal duty on Ministers to do so. Indeed, if they decided on the day following the granting of Royal Assent to this Bill that they no longer wanted to publish the list on the gov.uk website, they could remove it. This amendment, which I will not be pressing to a vote, is a reminder that the Secretary of State and the Minister need to maintain the list in the public domain, as promised, for the benefit of the professions and professionals who need certainty. This should not be a controversial point, and I hope the Minister will confirm that that is indeed what will happen.

Turning to new clause 4, the Bill provides a framework to allow mutual recognition of professional qualifications between regulators and professional bodies in the UK and the equivalent organisations overseas. The provisions in clauses 3 and 4 will allow for the implementation of regulator-to-regulator mutual recognition agreements and of the recognition arrangements in new international trade agreements. As the Law Society tells us, the Bill will enable the mutual recognition agreement provisions in the UK-EU trade and co-operation agreement to be implemented. However, the Law Society also says that the provisions for mutual recognition agreements in the TCA are largely based on the EU-Canada comprehensive economic and trade agreement—CETA—but that in fact no mutual recognition agreements have been signed between the EU and Canada using the provisions in CETA in the three years since CETA came into force. The failure to use the provisions on which the Government are relying raises the concern that the provisions are not sufficient. To remind ourselves, this legislation, if applied effectively, might well help to address shortages in a multitude of professions, including the chronic shortage of nurses and vets.

In Committee, I asked the Minister how his Department would put in place the additional support, co-ordination and guidance needed to make the most of the provisions in the trade and co-operation agreement, especially if they are to form the benchmark for future free trade agreements. There is real concern that the model on which the provisions in the legislation are based will not deliver results. That is why I tabled new clause 4, which would oblige the Secretary of State to provide guidance to regulators on how to make the most of the provisions in the TCA.

The Minister has written to me since the Committee stage to say that BEIS has engaged with 20 regulators of professional bodies. It will be important to see that such engagement leads to the delivery of mutual recognition agreements using the template on which the Government are relying. The Minister referred in Committee to a limited pilot recognition arrangement programme. I would be grateful if he could explain how effective that pilot has been so far, and how he foresees its leading to the successful implementation of new regulations.

I shall turn now to what the Minister said about new clause 1. In Committee we tabled two amendments to address the concerns raised by the devolved Administrations. We asked for consistency from the Government in the way they approach this Bill. The consistency we asked for in one of the amendments involved a similar amendment to that included in the United Kingdom Internal Market Act 2020. I see from new clause 1, having read it a number of times, that it is consistent with what is in the internal market Act and I thank the Minister for listening to the concerns that we raised, even though the Government voted against our amendments in Committee.

The Minister has addressed the concerns about those matters on which the devolved Administrations can make recommendations. That is an improvement on the more “flexible” approach to consultation that he talked about in Committee. That informal approach would have left no formal consultation mechanism. We have heard reservations expressed by a number of hon. Members on that, and I trust that the Government will still seek consent, in the spirit of new clause 1, when applying the regulations that are relevant to the devolved Administrations.

Briefly, I can tell the hon. Member for Richmond Park (Sarah Olney) that we will be supporting amendment 3. Representation of the devolved Administrations on the board is an important principle, and something that we return to again and again in legislation. We believe that, in the interests of the devolution settlement, that is entirely appropriate.

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I thank the hon. Members who have taken part in this important debate. I will whip through each amendment in turn, starting with new clause 2.

I thank the hon. Member for North East Fife (Wendy Chamberlain) for tabling new clause 2, and I wish her well as she recovers from covid. I thank the hon. Member for Richmond Park (Sarah Olney) for speaking to the amendment. I remind the House that clause 16 sets out the definition of an appropriate national authority for the purposes of the Bill. It also sets out the concurrent powers for making regulations in areas of devolved competence.

These powers could be used by the Secretary of State or the Lord Chancellor if, for example, a profession falls within devolved competence but is regulated at UK level. I understand the strength of feeling about the concurrent powers in the Bill, but I have been clear that any regulation made by the UK Government that falls within devolved legislative competence will be limited in scope and will always be made in consultation with appropriate Ministers from the devolved Administrations. The Government listened carefully to the concerns raised in both Houses, undertook extensive engagement with the devolved Administrations and negotiated in good faith in relation to those concerns. I am grateful for the devolved Administrations’ constructive and well-spirited engagement.

--- Later in debate ---
19:07

Division 211

Ayes: 210

Noes: 296

Clause 16
--- Later in debate ---
Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I beg to move, That the Bill be now read the Third time.

This Bill is an important piece of legislation that will change our approach to recognising professional qualifications in a way that works best for UK professions and supports our status as an independent trading nation.

It is disappointing that, despite the UK Government’s best efforts, the devolved Administrations have not felt able to recommend the granting of legislative consent to their respective legislatures. However, the UK Government remain committed to the devolution settlements, and I trust that the amendment made to require the Government to consult the devolved Administrations before they regulate in areas of devolved legislative competence underlines that commitment. The Government will continue to work closely with the devolved Administrations on this and future legislation.

It gives me great pleasure to thank everybody who has supported the Bill’s progress. I recognise the good work of Members from all parts of the House, as well as in the other place, who have engaged closely with the Bill, and the constructive way in which the Opposition have engaged with the Bill. I pay tribute to my private office, my officials and, in particular, the Bill team for their work over the past few months—I thank Matt Leech, Jamie Wasley, Jen Pattison, James Banfield, Monique Sidhu, Haddeka Taj, Jack Palmer, Nick French, Raegan Hiles, Tom Corker, Alpa Palmar, Hannah Marshall, Ben Clifford, Funmi Olasoju, Aneesa Ahmed and Tim Courtney.

I recognise the commendable work of parliamentary counsel, the House authorities, parliamentary staff, Clerks and Doorkeepers. I thank the members of the Public Bill Committee, under the excellent chairmanship of my right hon. Friend the Member for The Wrekin (Mark Pritchard), for their swift but in no way less thorough scrutiny of the Bill, which I commend to the House.

--- Later in debate ---
19:26

Division 212

Ayes: 295

Noes: 39

Bill read the Third time and passed, with amendments.