“(3A) For the purposes of subsections (1) to (3)—(a) a condition may be specified under subsection (1) whether or not it is connected to the specified UK qualification or specified UK experience concerned, and(b) a determination mentioned in subsection (2)(b) or (3)(b)(i) may be made—(i) on the basis only of the overseas qualifications or overseas experience concerned, or(ii) on such other basis as the specified regulator considers appropriate (such as on the basis of the overseas qualifications or overseas experience concerned together with the results of any test or other assessment given by any person).”Member’s explanatory statement
This amendment makes provision about the additional conditions that may be specified in regulations under subsection (1) of the Clause and makes provision about the basis on which a determination mentioned in subsection (2)(b) or (3)(b)(i) of the Clause may be made.
The Minister of State, Department for Business, Energy and Industrial Strategy and Department for International Trade (Lord Grimstone of Boscobel) (Con)
My Lords, it is a pleasure to be back debating the Professional Qualifications Bill on Report. I thank noble Lords for continuing to meet my officials and me over the Summer Recess, and I think we shall see the fruits of those meetings as we progress through this stage of the Bill today.
May I also take this moment to wish many happy returns to the noble Lord, Lord Kennedy, who I understand is celebrating his birthday today? We all find our pleasures in different ways, but I can think of no better way to celebrate one’s birthday than on Report on this Bill.
I thank noble Lords for their careful consideration of this Bill and for the positive reception accorded to the previous iteration of this amendment in Committee. In particular, I thank my noble friend Lord Lansley for his careful and helpful consideration of the government amendment in Committee. I also thank him for his own amendment to Clause 1.
As I have said on a number of occasions, regulator autonomy is crucial to maintaining our world-class professional standards and high-quality services, and the public’s confidence in them. This includes, of course, making sure that regulators can take into account all relevant factors when considering applications for recognition. Since Committee, my officials and I have engaged extensively with regulators and have taken legal advice on how to best articulate this in Clause 1. There was consensus from Peers in Committee, and regulators throughout our engagement, that the amendment I previously proposed was helpful. However, there was recognition—and I am happy to acknowledge this—that we could make it yet clearer. I am therefore presenting a new amendment that provides three important clarifications.
First, the amendment would add to Clause 1 a new subsection (3A)(a) stating that other conditions, which could, for example, include regulatory criteria required to practise, can be specified in regulations under Clause 1(1). This is regardless of whether those criteria are connected to the specified UK qualifications or experience. These criteria must be satisfied before an individual is treated as if they had the specified UK qualification or experience.
Secondly, the amendment would add to Clause 1 new subsection (3A)(b). This changes how the conditions in Clauses 1(2) and 1(3) are interpreted. It provides legislative assurance that when regulators are obligated to put in place a process to assess individuals under Clause 1, they can assess applicants’ knowledge and skills on whatever basis they consider appropriate.
Thirdly, the new placement of the word “only” in new subsection (3A)(b)(i) makes it clear that a regulator can consider only overseas qualifications or experience, or—this is important—on any other basis it considers appropriate. This could, for example, include both overseas qualifications and experience, and the results of any test or assessment carried out in the UK. To avoid ambiguity in how this amendment is read, an illustrative example is also now included in brackets in proposed new subsection (3A)(b)(ii).
As I set out in Committee, regulators, including the General Medical Council and the Nursing and Midwifery Council, welcomed the previous clarificatory amendment to Clause 1 tabled in my name. I have continued these discussions in recent months and tested this revised amendment with them. They appreciated the clarifications that this amendment provides.
I have also carried out extensive engagement with other regulators. For example, I met with the Bar Council to discuss Clauses 1 and 2. I am happy to reiterate that the power in Clause 1, taken alongside the condition in Clause 2, does not act so as to remove powers from regulators where they already have them. I also met with representatives from the Education Workforce Council to discuss the Bill. I would like to reassure them that it is highly unlikely that the council would be specified in regulations under Clause 1. This is because, quite simply, as I understand it, they already have a global route in place to recognise overseas qualified teachers, underpinned by express legal powers in Welsh legislation, to help meet the demand for the services of their profession.
Clauses 1 and 2 are not intended to affect the existence or scope of any existing powers of a regulator in relation to recognition of overseas qualifications or experience. They are not intended to, and do not, constrain in any way a regulator’s ability to recognise overseas qualifications or experience derived from any other legal source.
Taken as a whole, this means that the amendment provides legislative assurance that the Bill will equip regulators with the tools that they need to make a thorough and rounded assessment and that, in so doing, the UK’s world-class professional standards will be maintained. I thank my noble friend Lord Lansley for his input, and I beg to move.
Lord Lansley (Con)
My Lords, I am most grateful to my noble friend for his introduction to his amendment and for speaking to this group, and for his very kind words about our very constructive discussions. I reciprocate by saying how much I have appreciated the discussions he and I have had and the support of the Bill team in bringing forward a number of amendments on Report which respond directly to the debates that we had in Committee. And government Amendment 1 is exactly such an amendment.
As my noble friend quite rightly said, we had general agreement that there was a need for the national authority, when making regulations under Clause 1, to do so in ways that enabled somebody with overseas qualifications and experience to be brought into the UK profession on the basis of those or other relevant qualifications or experience, or other factors.
The difficulty with the original Amendment 10, if colleagues can remember back to Committee, was the nature of the word “only” in that context, which ran the risk of being interpreted as meaning that it would either be on the basis of overseas qualifications and experience or on the basis of other relevant and appropriate factors. We did not want that to be the case; we wanted what my noble friend has put into Amendment 1, which says at proposed new subsections (3A)(b)(i) and (3A)(b)(ii) that it will be
“on the basis only of the overseas qualifications or overseas experience … or … on such other basis as the specified regulator considers appropriate”.
That is clarified with the words:
“(such as on the basis of the overseas qualifications or overseas experience… together with the results of any test or other assessment given by any person).”
To keep it simple, if, for example, a language requirement needed to be specified, it could be specified as an additional requirement by the regulator and then be combined with the overseas qualification or the overseas experience to give, in total, the appropriate basis on which to be admitted to the UK profession. For my part, I am very happy that the Government have brought forward the amendment in this form.
The purpose of my Amendment 2 is to make it clear that a UK regulator may have requirements for entry to a profession which extend beyond the relevant UK qualifications and experience. So while somebody from overseas might have something that is directly comparable to that qualification or experience, that is not the sum total of the professional requirements to be on many professional registers. Many regulators also examine people’s background, experience and suitability, and they look to fitness to practice requirements. We do not need to dwell on this at length, just to say that there is potentially a gap between qualifications and experience in a formal sense and fitness to practice in its total sense. If regulators need that gap to be filled, Amendment 2 says that they should be able to do so; the conditions should be specified in a way that enables that to happen.
Looking at it, I am content that, as long as the appropriate national authority consults the relevant professional regulators when making regulations, the power none the less exists in Clause 1 to make the condition one that extends beyond qualifications and experience into all the fitness to practice requirements that might be applied by a regulator in this country. That being the case—and we have the benefit of the consultation requirements that we are going to come on to later, which give us further assurance on this—I think we are in a position where the conditions in Clause 1 would be wide enough without the benefit of my Amendment 2.
In my own defence, I tabled Amendment 2 back in early July, so I am slightly defending Amendment 2 in the light of having not, at that point, seen all the amendments that are coming forward, not least from my noble friend. That being the case, I think we can be fairly confident that Clause 1 will be robust enough if need be, so I have no intention of pressing Amendment 2.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I first thank the Minister for his kind wishes on my birthday. Where else would I want to be but at the Dispatch Box responding to the debate? This will be my only appearance on the Bill today. I did think when I became Opposition Chief Whip on 1 June that the House had earned a rest from listening to me speak at the Dispatch Box. People will have had views as to whether that was a good or bad thing, but it does not seem to have worked out that way; I am still here.
I feel at a bit of a disadvantage, having looked back at the debates and seen the quality of the contributions of Members who have spoken with vastly more experience than I have on these matters. At this point, I particularly want to pay tribute to my noble—but also dear and good—friend Lady Hayter of Kentish Town for all her work for the Opposition on this Bill and as Deputy Leader of the Labour Lords. We have been involved in several battles over the years—always on the same side, I am pleased to say—and I look forward to her work in her new role as chair of the International Agreements Committee.
Government Amendment 1 seeks, as we have heard, to address the concerns that we raised in earlier debates and which, as the noble Lord, Lord Lansley, said, he put into his amendment. In that sense, we as the Opposition are very happy with what has been proposed by the Government and we look forward to the next steps. In particular, I saw the point he made about the need to address those important clarifications—to ensure that we give legislative assurance to regulators that they will have the tools they need to ensure that overseas qualifications are effective, recognised and appropriate for the work that people do in our jurisdiction. I will leave it there, and I look forward to the Minister’s response.
Lord Grimstone of Boscobel (Con)
My Lords, it is even more of a pleasure to do this Report with the debate having started in such a positive way. I thank noble Lords for that and say unreservedly that the scrutiny and discussions that I have had with noble Lords over the last few months have improved the Bill to the point that it has reached today.
It is a great pleasure to welcome the noble Lord, Lord Kennedy, back to the Front Bench, perhaps for the last time, and, of course, I have not seen the last of the noble Baroness, Lady Hayter of Kentish Town; I look forward to dealing with her in her role as chair of the IAC. If I may say so, I have never seen the noble Baroness lacking oomph in any way whatever, and I am sure that will be the case in her new role. I thank, in particular, my noble friend Lord Lansley for his input into this amendment. The eagle-eyed scrutiny that my noble friend gives to the legislation in front of this House always ends with improvements being brought forward.
I can completely reassure the noble Baroness, Lady Finlay of Llandaff, that fitness to practise sits absolutely with the regulators—we will be reaffirming this perhaps even more strongly when we discuss regulatory autonomy later on—and that all four nations will of course be considered on their merits. There is no desire whatever to impose any form of uniformity where it does not exist. With that, I thank noble Lords for the comments that have been made and beg to move my amendment.
Lord Kennedy of Southwark (Lab Co-op)
Yes, absolutely. But if he cannot, I know that he knows it is a wonderful place and I enjoyed his speech very much. I also agree with the key points made by the noble Lord, Lord Bruce, that it is different in Scotland. We recognise that. So I am very pleased with the amendment from the Government Front Bench and I look forward to the Minister’s response.
Lord Grimstone of Boscobel (Con)
My Lords, I will speak first to the amendment in my name on consulting with regulators, and then respond to the other amendments in this group. A later group deals specifically with consulting the devolved Administrations, and I will leave the points raised by noble Lords in relation to that and to LCMs until then, which is the appropriate place. That would include the points made by the noble and learned Lord, Lord Hope of Craighead, who spoke from the perspective of the Constitution Committee. I will write to him as he requested, but I do not recognise at all the description he gave of the process I have undertaken with the devolved Administrations. I will come back to this, but nobody could have reached out more than I did, or held more meetings with my counterparts in the devolved Administrations. The schedule of the meetings that my officials have held with the devolved Administrations runs to several pages, and I will make sure that I give that information to the noble and learned Lord when I write to him.
Baroness McIntosh of Pickering (Con)
Before my noble friend sits down, will he permit me to pursue the issue raised in a more general regard by the Law Society of England? It is concerned that legal services can be dropped too easily from current and future negotiations. I used Australia and New Zealand as a model, but can he give us an assurance that, in his view, that will not happen?
Lord Grimstone of Boscobel (Con)
My Lords, I am absolutely happy to give that assurance to my noble friend. Legal services are a very valuable part of the export of services from the UK. This is something we absolutely seek to protect and extend in free trade agreements, rather than in any way seeking to curb. I am very happy to give my noble friend that complete assurance.
Baroness Hayter of Kentish Town (Lab)
I thank the Minister for his reply, and my noble friends Lord Foulkes and Lord Kennedy, the noble Baroness, Lady McIntosh, the noble Lords, Lord Bruce, Lord Lansley and Lord Purvis, and the noble and learned Lord, Lord Hope, for their comments. The noble Baroness, Lady McIntosh, and my noble friend Lord Foulkes both mentioned the Law Society of Scotland, and I think my noble friend mentioned Michael Clancy. Maybe those of us who know him can do a shout-out for his return to full health.
The Minister is right to say that we will discuss the main part of consultation with the devolveds in a later group, but we should point out two things. First, the government amendment will automatically mean that the relevant devolved regulators would be consulted, but also, in response to my noble friend Lord Foulkes’s comment about the Scottish Government not always being willing to consult, it will require them to consult with their relevant regulators. Maybe that is why they are withholding their consent Motion—I am not sure.
The problem I still have is why the government amendment does not cover the regulations in Clause 2—or actually Clause 10, which I had not noticed before. Clause 2 is quite important. In responding, the Minister used the words—I hope I got them down correctly—that it would be a duty to consult regulators “shaping any regulations made under this Bill.” He did not use the words “shaping regulations under certain parts of this Bill”, but “shaping any regulations made under this Bill”. However, his amendment does not do that. My concern is that, if there is no duty to consult, then there might be no consultation.
The Minister then said, “Oh, well, it doesn’t really matter because they may be very minor”—those were not quite his words; they were far more correct than that. Actually, if you read his amendment, it is a requirement only if
“the regulator is likely to be affected by the regulations”.
So if it was such a minor regulation that did not affect a regulator then it would be excluded from the duty anyway. I am slightly worried about that.
I wonder whether the Minister would agree to some further discussions about Clause 2 and why there is no consultation on it. Perhaps he might even be willing for us to bring this back at Third Reading if it looks as if it is actually an error and there is no good reason to exclude regulations made under Clause 2, which is the big one for some of the regulators—this is the one about whether there is a shortage of professionals. I do not know whether the Minister could indicate assent to some further discussions, so that we could clarify this at Third Reading.
Lord Grimstone of Boscobel (Con)
I believe the reason why we are not consulting on Clause 2 is that it has no regulation-making powers in it. The regulations dealing with the whole question of shortages are made under Clause 1, where there is a duty to consult. I stand ready to be corrected if anybody wants to look at the text of the Bill, but the regulations that would relate to Clause 2 are made under Clause 1, and there is a duty to consult on that clause. I hope that completely answers the noble Baroness’s question.
Baroness Hayter of Kentish Town (Lab)
The noble and learned Lord, Lord Hope, would be looking at me now and saying, “Any good barrister knows not to ask a question to which you do not know the answer”—I just broke that rule. In the circumstances, I beg leave to withdraw the amendment.
Lord Kennedy of Southwark (Lab Co-op)
My Lords, I am conscious of the time, so I will not speak for long. A number of important points were raised in this short debate. The noble Lord, Lord Lansley, made a clear and compelling case for his amendment and I hope that the Minister takes up his challenge and sets out very carefully and clearly the reasons why it will not be necessary to test the opinion of the House. Amendment 6, in the names of the noble Lord and my noble friend Lady Hayter of Kentish Town, sets out, in proposed new paragraphs (a) to (f), points that are absolutely right and need to be taken into account. I will leave my remarks there, and I hope the Minister will respond carefully so that the noble Lord will not need to test the opinion of the House.
Lord Grimstone of Boscobel (Con)
My Lords, I thank my noble friend Lord Lansley for his amendments, which would alter the unmet demand condition in Clause 2(2). First, I give a complete reassurance to the noble Baroness, Lady Hayter of Kentish Town, that the amendment I will bring forward later about regulator autonomy absolutely preserves the independence of the legal profession and prevents any dilution of standards. That amendment, if accepted by the House, completely puts the determination of standards in the hands of regulators and is not something the Government can override in any way.
My noble friend’s amendments require the appropriate national authority to consider a specific set of factors to determine whether the unmet demand condition is met. I completely agree that the appropriate national authority should be transparent when determining whether the unmet demand condition is met. I find it hard to disagree with the factors set out in the amendments, because they are likely to form part of a sensible basis for making this determination for many professions. Your Lordships will have seen the recent publication referred to by the noble Lord, Lord Purvis of Tweed, explaining how the unmet demand condition might be determined. That factsheet sets out that this assessment should be tailored to the circumstances and context of each profession.
Appropriate national authorities are best placed to determine which factors to consider, according to the individual circumstances of a profession. For example, a devolved Administration will be best placed to determine the factors relevant to assessing whether there is unmet demand for a profession in an area of devolved competence, and it is important that they are able to decide how best to make such determinations and form their own views on which factors are most relevant to their own situation. Indeed, I absolutely agree that some of the factors proposed by my noble friend are good practice, although they may not be essential in every case to understanding unmet demand. For example, the views of professional bodies and workforce modelling may or may not be relevant, but it should absolutely be for the appropriate national authority to take those matters into account if it so determines. Having to work through, in a statutory sense, every factor on this list could cause delays and unnecessary administrative burden when there is an urgent need for regulations and the condition, as drafted, is clearly met.
However, I hope that it gives my noble friend complete reassurance when I say that the Government plan to publish guidance to support appropriate national authorities in their determination of unmet demand, and I undertake that the factors in his amendment will be included and explained in any such guidance. That answers, at least in part, the point made by the noble Lord, Lord Purvis of Tweed. I note that one of the factors listed by my noble friend includes whether the profession is on the occupation shortage list; that will be covered in the guidance.
Immigration is a different matter from the recognition of professional qualifications. The Government have introduced a new skills-based immigration system which treats people from every part of the world equally. I hope that a skills-based immigration system would properly recognise the quality of professionals seeking to practise their profession, but it is outside my remit to go further into the immigration system, as I hope the noble Lord appreciates.
Lord Fox (LD)
On that last point, I am interested to know, if the appropriate national authority has determined that there is a shortage but that profession is not on the Home Office’s list, which trumps which?
Lord Grimstone of Boscobel (Con)
I think these are both looked at from different perspectives, so I do not think it is a question of which trumps which; the question is “What is the appropriate decision to come to?”, looking at it from the perspective either of immigration or of considering professions or occupations where there are shortages.
Lord Grimstone of Boscobel (Con)
I think, on immigration matters, the Home Office is the primary decision-maker.
I believe that including these factors in the guidance will improve the clarity of decision-making by appropriate national authorities that my noble friend’s amendment seeks to achieve. I am grateful for the considerable thought that he has put into this.
Finally, my noble friend has questioned whether it is appropriate for a national authority to consider whether delays and charges are unreasonable. After consideration over the summer, and I have thought about it a lot, I believe that this is a useful qualifier. Retaining “unreasonable delays or charges” in the unmet demand condition ensures that a national authority considers whether there is consumer detriment—this was a matter that the noble Baroness, Lady Hayter, was concerned about—as a result of the delays and charges to access a profession’s services. I hope that your Lordships can agree that while there is merit in the factors set out in the amendment, it is not desirable to fetter, in a statutory sense, appropriate national authorities’ discretion by enshrining these in the Bill. As I have said, these are sensible factors to take into account, but it is more appropriate to include them in guidance, and I commit to do this. As such, I ask for the amendment to be withdrawn.
Lord Lansley (Con)
My Lords, I am most grateful to my noble friend and to the noble Baroness, Lady Hayter, and other colleagues who participated in this short debate. We do not necessarily need to change the legislation for people to be able to look at our debates and what my noble friend has been able to say from the Dispatch Box by way of clarification and, in due course, to look at the guidance to understand the nature of decisions being made. I hope it will be clear to people in future that delays and charges are an important factor but not the only factor; other things may go to help construct it. If we were starting the drafting process again, we might draft it slightly differently but, given that we are where we are and with the assurances that my noble friend has been able to give, I certainly beg leave to withdraw the amendment.
Lord Grimstone of Boscobel (Con)
My Lords, before I start, I will thank the noble and learned Lord, Lord Hope of Craighead, for the courtesy of his comments. I assure him that I took no offence at the words that he used in the earlier group. I thank the noble Baroness, Lady Blake of Leeds, for her Amendment 14, which I will address first. I unreservedly agree with the noble Baroness that the Bill has been greatly improved during its passage through the House, and I commend and thank noble Lords from all sides of the House for the work that they have done.
This amendment from the noble Baroness provides for the Secretary of State to consult appropriate persons. It then requires the Secretary of State to seek, on a time-limited basis, the consent of all the devolved Administrations before making regulations under powers in the Bill. If that consent were not forthcoming within one month, the UK Government could proceed to make the regulations without it, but would be obliged to publish a statement setting out why they had proceeded without consent.
I appreciate that this amendment recognises that there are occasions when the Government may need to make regulations without consent. It is a best-efforts approach, which requires the Government to evidence that they have made these efforts. However, as I have set out previously, 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 views. I have put this assurance on record many times, including in correspondence with my ministerial counterparts in the devolved nations. Perhaps because I am relatively new to the House, I was not tarnished by some of the discussions on the internal market, and I think I have maintained good and constructive relations with my counterparts in the devolved Administrations.
I am not convinced that the proposed amendment is preferable to the Government’s own, more flexible, proposals. However, I agree that working with the devolved Administrations is the way to make this Bill operate best for all our UK nations. That is why I wrote to my devolved Administration ministerial counterparts ahead of Report, offering to put a duty to consult with devolved Administrations on the face of the Bill. The offer was made to them and it also included a commitment to publish a statement setting out whether and how the regulations take account of any representations made in response to the consultation. I can give the House an assurance that we will continue to engage with the DAs, and if securing the LCMs, which is something that I would very much like and feel committed to do, means that we need to amend the Bill, this is something that we could consider. I am happy to give that assurance to the House.
Noble Lords will also be aware that the amendment tabled in my name on a duty to consult with regulators extends to regulators in the devolved nations; so, in addition to the consultation we would normally expect to undertake with the devolved Administrations, whenever appropriate we will be engaging directly with those in the devolved Administrations who are closest to the issues before making regulations.
I will continue to engage with my counterparts in the devolved Administrations to persuade them of the merits of the Government’s approach. If noble Lords from all sides of the House wish to join me in trying to convince them of this, I would very much welcome that. A Bill such as this, which provides benefit throughout all four nations of the United Kingdom, would be best dealt with on a consensual basis between the devolved Administrations.
Lord Purvis of Tweed (LD)
I am very interested in what the Minister said, and the House will welcome his initiative. In order to help that process, would the Minister consider placing his letter to the devolved Administrations in the Library, along with any reply that comes? Then we would at least know what the current situation is—but I welcome the Minister’s initiative.
Lord Grimstone of Boscobel (Con)
I thank the noble Lord for his welcome. Let me consider that: I am not prepared to agree to that right away, because these letters, of course, contain a number of matters that are the stuff of correspondence between one part of the United Kingdom and another. There is nothing suspicious about my saying that, but, if I may, I will just review the letters to make sure that I am not breaking any confidences with the devolved Administrations before agreeing to do that. I repeat, however, that I will continue to engage with my counterparts in the devolved Administrations to persuade them of the merits of the Government’s approach.
I turn now to the next amendment, tabled by my noble friend Lady McIntosh of Pickering, the noble Lords, Lord Foulkes of Cumnock and Lord Bruce of Bennachie, and the noble and learned Lord, Lord Hope of Craighead. This seeks to place a requirement to consult relevant persons and then seek the consent of the devolved Administrations before making arrangements for the assistance centre. With all respect, I believe that this is taking a sledgehammer to crack a nut. The Government will, of course, ensure that provisions for the future assistance-centre service work for all four nations of the UK, and the service will be designed to complement the roles of regulators and professional bodies. No issues have arisen from the approach taken by the UK Government in providing a single centre operating across the whole of the UK to date. This centre has been in operation for well over a decade, and these issues have never arisen during the course of the last 10 years. Of course, it would not be in line with normal practice—it would not be expected—for the UK Government to seek the consent of the devolved Administrations before tendering for, or launching, a support service. The Government regularly consult devolved Administrations on these things in the course of business, but I fear that introducing this as a statutory requirement here would create a significant and frankly unnecessary precedent.
Much interest was shown in the assistance centre in Committee. I have often felt at times that the interest shown in the assistance centre was out of kilter with the actual, rather restricted body that it is. As I have said previously, it will offer a very modest, targeted service, similar to that already provided by the UK Centre for Professional Qualifications. A heavy-handed consent requirement therefore feels disproportionate for this. Many regulators and professional bodies already have productive working relationships with the current assistance centre and have welcomed its continuation in the Bill.
I turn now to the amendment tabled by the noble Baroness, Lady Blake of Leeds, on common frameworks. This amendment seeks to ensure that nothing in the information-sharing requirements under Clause 9 will prevent the establishment or operation of a common framework agreement relating to professional qualifications. Noble Lords will recall that this issue was raised in Committee. Again, I say without reservation that I share the House’s firm commitment to effective common frameworks.
I previously explained that there had been a hiatus in the development of the recognition of professional qualifications common framework while work paused during the election period in Wales and Scotland, but I am very pleased now to be able inform the House that, since Committee, officials across all four UK nations have made very good progress on a common framework on the regulation of professional qualifications to ensure a collaborative approach on powers that have returned following our exit from the European Union and that intersect with devolved competences. This has included two workshops and correspondence that focused on co-design, with officials from all the devolved Administrations, following which my officials continue to drive development of the framework, in line with these discussions.
In addition to co-operation in relation to returning EU powers, the Government have offered, if the devolved Administrations would find it helpful, to include proposals on consultation and collaboration on the operation of the Professional Qualifications Bill, once enacted, in that framework. Let me be clear, in answer to the noble Baroness’s concerns and those expressed by the noble Baroness, Lady Randerson, that the provisions of the Bill in no way cut across the establishment or operation of a common framework. This is a separate process. As the common framework will be non-legislative in nature—a proper consensus developed with the devolved Administrations—I worry that referencing the common framework in the Bill may be confusing and could hinder rather than help the development of the common framework.
The development of the common framework is a collaborative process, not one that the Government can or should impose. However, as I have outlined, this process is now reinvigorated, and I am confident that the professional qualifications common framework can be agreed in provisional form by the end of this year. I will of course keep noble Lords in touch with this to make sure that those who have spoken in the debate in relation to this are kept properly informed of its progress. I hope that I have been able to address the concerns of this House in relation to this, and I ask that this amendment is withdrawn.
Baroness McIntosh of Pickering (Con)
I am grateful to my noble friend for his response and to all those who have spoken. I am a little concerned, because we have not really got to the nub—unless I have missed it—of why there is no legislative consent Motion from the devolved Administrations, so that is still a source of concern. It leaves open the question whether, if my noble friend was minded to bring forward a government amendment in connection with Amendment 14 in this group, the Government would be minded to do that in the other place after the Bill has left this House. That would be a concern.
I am a little disappointed that the Minister said that it would set an “unnecessary precedent” to consider accepting Amendment 10 in my name and those of others. I argue that it would not set an unnecessary precedent, and it is certainly not seeking to introduce a layer of complexity or bureaucracy. The Government’s fact sheet says:
“Professionals and businesses can find it difficult to navigate the UK’s regulatory landscape. They need clear and accessible information about how professional qualifications can be recognised. Improved transparency and information-sharing between regulatory counterparts, where appropriate, will support better decision-making and more informed use of the framework.”
That is precisely why I argue that Amendment 10 is needed in this regard, because if you are not going to consult and seek consent from the devolved Administrations, at which point will the regulatory counterparts and the devolved Administrations have the right to make their case?
I listened very carefully to what my noble friend Lady Noakes said about her hesitation over the assistance centre. The Minister, my noble friend Lord Grimstone, went on to say that it has been in existence for 10 years. In that time, it was probably not needed, because if I was able to find out how to practise in another European country, many of my kinsfolk—Scottish advocates, Scottish lawyers, English lawyers, English nurses or whatever—were probably likeminded to do so too. But we have now left the European Union and are no longer covered by that umbrella of free movement.
So I will not press my amendment this evening for the simple reason that, if the House is going to take a decision on an amendment, the amendment in the name of the noble Baroness, Lady Blake, may well cover the same clause that I seek to cover because it would cover all clauses for which regulations are required. So, at this stage, I thank my noble friend for the reassurances that he has given. I hope that he commits to bringing forward a government amendment, and I beg leave to withdraw my Amendment 10.
Lord Grimstone of Boscobel (Con)
My Lords, I beg leave to answer one of the points made by my noble friend Lady McIntosh. If she wishes to find out why LCMs have not been granted, I suggest that she addresses that question to the devolved Administrations, because I have been trying. I repeat what I said earlier: we will continue to engage with the DAs, and if securing the LCMs means that we need to amend the Bill, this is something that we could consider.