Architects Act 1997 (Amendment) (EU Exit) Regulations 2019

Debate between Lord Bourne of Aberystwyth and Lord Deben

Monday 25th March 2019 Grand Committee

[Lord Bourne of Aberystwyth]

It was.

[Lord Deben]

Well, if it were consulted, why is it not listed in the Explanatory Memorandum, as far as I can see? Perhaps I have misread it—I apologise to my noble friend if I have—but I think it says that the ARB was consulted, or that officials

“have been in regular contact with ARB”.

The ARB is constantly referred to, not the RIBA. I have declared my interest, but it happens to be true that the RIBA is the body to which most architects would look for advice and to which they have given their concerns.

As this is not going to be a both-ways arrangement and because the Government do not want a no-deal exit from the European Union—although what the blazes they do want is increasingly difficult to understand, and I suspect that the negotiations would have gone much better if people had known in the first place what they wanted, because clearly not until very recently did anybody know anything about what we wanted—can the Minister give me an assurance that one of the things we will be seeking immediately in negotiations for some sort of reasonable exit—which of course would leave us in a worse position than we are in at the moment—but even if that was so, would be to make this a reciprocal arrangement and that that reciprocity would be at least as good as the present reciprocity?

That leads me to my last point, which is on the Immigration Rules. The architectural profession is remarkably badly paid. If you look at the average wage of an architect, it is remarkably low for a member of a professional body. So I am concerned, as was the noble Lord, Lord Shipley, that we should not allow the Immigration Rules to interfere with our ability to recruit from the rest of Europe. It seems to me that this is a serious double jeopardy system. Why do we have to have these rules? Surely we could have had, in these regulations, a very simple system which said that if you got a job with a British architect registered with the ARB you would be able to have that job. Why do we have to double-do it? Is there not a much more sensible way, which is merely to do exactly what we do at the moment and say publicly that we would like this to continue to be reciprocal, although we do not have the ability to make it reciprocal ourselves?

I remind my noble friend of the figures that have been quoted: it is likely that one in four of architects in the London area come from the rest of Europe, so this is no minor matter. Therefore, I hope that we can have assurances that the Government will seek, under any agreement, to have reciprocity and, secondly, that the Minister will look again at the idea that we have to insist upon going through our immigration arrangements, when we could have a perfectly simple system, like the one we have at the moment. We should look very carefully at any income limit in any case because it is likely to affect newly-qualified architects from the rest of Europe in a way that would do our profession no good. It would interfere with, and indeed endanger, the very large amount of money that Britain earns through the primacy of our architectural profession. When you are talking about what may be £2 billion, you are talking about a very serious amount of money. If we cannot recruit newly-qualified experts from the rest of Europe to a shockingly underpaid profession, that would do us a great deal of harm.

[Lord Beecham (Lab)]

My Lords, not for the first time, Newcastle is united in this Grand Committee. I think we would both welcome the noble Lord, who has characteristically analysed the Government’s proposals in a very effective way.

This instrument will freeze the list of architectural qualifications that are recognised immediately before exit day in the event of a no-deal Brexit. As a result, an individual holding one of those qualifications will be eligible to join the UK register of architects if they have access to the profession of architect in their home state. This will allow access to the workforce of EU-qualified and EEA-qualified architects. The register of qualified architects of the UK held by the Architects Registration Board currently includes 40,650 members, 17% of whom were admitted under EU directive procedures. Given that significant number, it is astonishing that no impact assessment appears to have been prepared for this SI. The UK must of course continue to attract the best talent after Brexit and have an immigration system that responds to the needs of industry, especially in the context of the architectural sector. The London’s Architectural Sector report states that the city’s architecture industry is worth £1.7 billion and is growing at 7% every year. That figure is set against the industry’s total value nationally of £4.8 billion, a significant contribution to the economy nationally.

The SI makes little attempt to make up for the damage that the industry has faced since the referendum, which has caused an alarming amount of uncertainty for businesses in the last two and half years. Since the referendum, projects up and down the country have been postponed as this period of chaos has badly damaged the investment market. An article on Consultancy.uk referred to Global by Design, published in 2018 by the RIBA, which said that 68% of architects have already seen Brexit impact their revenue stream as they have had projects put on hold and moreover, crucially, that 74% of architects regard access to the EU single market as necessary if the industry’s international workload is to grow. Already 40% of practices have had projects in the EU cancelled since the referendum.

The regulations fail to protect the recognition of UK-qualified architects’ qualifications in the EEA in the event of a no-deal Brexit. Those architects will have to rely on the individual registration policies of the 27 member states. The Government must look to establish a new mutual recognition agreement with the EU as soon as possible in order to provide reciprocity, and a date for that would be very welcome. I will be interested to hear the Minister’s response on that issue.

The Explanatory Memorandum states:

“The applicant’s ability to establish in the UK will be dependent on Government immigration policies”.


However, the Government’s immigration Bill has stalled and a £30,000 salary requirement for skilled migrants has been suggested. How many architects from EU or EEA countries living in the UK earn more than £30,000 now? How many architects have already registered with the Government’s settled-status scheme? Being a tier 2 sponsor for those earning more than £30,000 is difficult for many architecture firms because the process is lengthy and expensive. Have the Government done any work with the sector and the RIBA to assess exactly how much it will cost and whether the sector can bear the cost? According to the RIBA, the number of EU architects registering to practise in the UK has dropped by 42% since 2016, and 60% of them here at the moment say that they would consider leaving. That would damage architecture as a service both in this country and abroad; it would clearly suffer.

Architectural qualification requirements are frozen during the review period. How long does the Minister expect that period to last? How will architects come and work in the UK with new qualifications during this period? Paragraph 2.14 of the Explanatory Memorandum states:

“After EU exit, the ARB may lose access to the Internal Market Information (IMI) system. This facilitates communication between competent authorities. As a result, this instrument places the requirement to provide written verification from their home competent authority on the applicant should ARB be unable to secure it directly from the relevant competent authority”.


What assessment have the Government carried out to determine the ease of getting this written verification? Does it differ between authorities? Paragraph 2.12 states:

“This instrument removes the registration route of General Systems, which enables EU and EEA applicants who do not meet the automatic recognition criteria to work with the ARB to map what experience they do have against the UK criteria, and gain the experience necessary”.


Will the ARB offer any additional help to get candidates to work in the UK?

Finally, what estimate have the Government made of Brexit’s impact on UK practices and individuals currently, or potentially, working in Europe? What steps, if any, are they taking to create a new system including a reciprocal system of accepted professional qualifications?

Social Rented Housing: Construction

Debate between Lord Bourne of Aberystwyth and Lord Deben

Thursday 26th October 2017 Lords Chamber

[Lord Deben (Con)]

Will my noble friend accept that we are building almost all our houses to a standard which means that they will have to be retrofitted because the energy efficiency is so low? Will he give a commitment that those 1 million houses will be built to a standard which enables people to afford to heat them, because we have started off in the right way instead of having to do it afterwards?

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is very well versed in these matters—few people in the House have more experience than him—and I know that we worked closely together when I was in another department in relation to climate change. It is true that retrofitting is a large part of what is happening at the moment; it is also true that we must seek to minimise the need for retrofitting based on present experience and knowledge. Nevertheless, there is a massive backlog of retrofitting that will keep us very busy for a long time in order that we meet those important climate change targets which the Government are determined we hit.

Business Rates Hardship Fund

Debate between Lord Bourne of Aberystwyth and Lord Deben

Wednesday 19th July 2017 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, the noble Lord is right about the importance of ensuring that we have a fair system. We will be looking at possible reforms of the business rates systems during the course of this Parliament. But in the meantime, as the noble Lord has correctly pressed us, it is important that relief schemes are operating as effectively as they should be. That is why I once again appeal to noble Lords to, where necessary, contact their own local authorities and put pressure on them to make sure that the relief that has already been allocated is passed on to businesses.

[Lord Deben (Con)]

Could my noble friend put a greater emphasis on this? We need this change now and cannot wait for it, because otherwise the high street will die.

[Lord Bourne of Aberystwyth]

My Lords, my noble friend is right, and we are going to look at possible reforms to the rating system during this Parliament. In the meantime, the Government have been very clear—in 2016 through a package of £9 billion-worth of relief, and again in 2017, with £435 million-worth of relief—on how we can ensure that assistance goes to businesses on our hard-pressed high streets. Once again, I encourage local authorities to pass that money on.

Paris Climate Change Conference

Debate between Lord Bourne of Aberystwyth and Lord Deben

Tuesday 15th December 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

I thank the noble Baroness very much indeed for her typically generous comments and associate myself with what she said relating to the noble Lord, Lord Stern, and the entire team in DECC. She rightly mentioned Pete Betts. I spoke to him today; he is up and fighting the case, even given the massive involvement that he had. I also mention in that context Ben Lyon, who was also a key negotiator. They and the entire team worked incredibly hard.

The noble Baroness is right that this process at Paris represents a bottom-up approach, rather than the top-down one that we had in Kyoto. I therefore think that it is entirely the right approach. It is not right to say that this is not legally binding. Finance is obviously connected with performance. This is a treaty that we have every reason to believe will be adhered to. As she says, it is important that the United Kingdom steps up to the plate. We have provided strong leadership and we will continue to do so. We in the department are looking at ways to reduce demand on electricity, as we always do: we are looking at the cars issue across government, at what we can do through DCLG and so on.

The noble Baroness mentioned the Committee on Climate Change. My noble friend Lord Deben is in his place. As I understand it, the committee previously wrote to us and indicated that if it needed to reassess in the light of Paris it would do so and come back to us in the new year. I presume that that is still the position. Again, I pay tribute to what he did out in Paris because I know that he was also very strong there in supporting what was happening.

[Lord Deben (Con)]

Would my noble friend accept that the Paris result was remarkable and unprecedented, and that those who would cast doubt upon it are only undermining the way private industries know that they will have to change if they are to meet the world in which they will have to compete? The Climate Change Committee will give advice to the Government on what changes need to be made but, in the mean time, I hope my noble friend will accept that the fifth carbon budget is a crucial part of this continuum and that we need to have legislation on it as rapidly as possible. Does he also accept that he has promised that we will look again at the way we insulate homes and deal with energy efficiency? Will he also make sure that it is part of the policy that no new houses are built which have to be retrofitted very soon because they do not meet the sensible requirements of the Paris commitment?

The Minister ought to be congratulating himself. It is not a love-in to say that Britain has played a very important part in an unprecedented decision. The whole world has said that we know we have to act and those who refuse to know are undermining the future of our children and grandchildren. I say that particularly to those of my colleagues who continually undermine the duty we have.

[Lord Bourne of Aberystwyth]

My Lords, nobody should doubt the commitment of the Prime Minister and the Government to this agreement. The Prime Minister was out there at the start, clearly underlining support and the importance of protecting the small island developing states. He has welcomed this strong agreement. There is no shame attached to this country giving a lead on these issues, as we have on many others over the ages: we should be proud of it. I note what the noble Lord said about the fifth carbon budget. We will be looking at that and responding to it in the first half of 2016, according to the deadline which is set out. There was a commitment to insulation in the manifesto and there are ongoing developments in energy efficiency. The smart meter programme, which is coming on and will be delivered in totality by 2020, will be a strong driver of that policy.

Energy Bill [HL]

Debate between Lord Bourne of Aberystwyth and Lord Deben

Monday 7th September 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

My Lords, perhaps I may first pick up on a point made by the noble Baroness, Lady Worthington on the impact assessment. It is only by splitting the impact assessment between the parts of the Bill dealing with oil and gas, and those dealing with wind, that we are able to publish tomorrow the impact assessment relating to the Oil and Gas Authority. I will update the Committee on Wednesday on where we are on the wind issue and on the dialogue about grace periods.

I thank noble Lords for the amendments and for the non-partisan way in which points have been made. I do not think there is a material difference—certainly not from the speeches I have heard today—between the Government’s position on the importance of CCS and points made by noble Lords today. The best way forward might be if I go through where we stand at the moment in relation to the various amendments, and where we might be by Report.

My noble friends Lord Deben and Lord Howell, the noble Lord, Lord Oxburgh, the noble Baronesses, Lady Worthington and Lady Liddell, and various others spoke about the non-partisan nature of getting it right on energy for this country and for the planet—that is a very useful way forward and we certainly have a shared interest in it.

Let me address the pot pourri of amendments in this group. On Amendment 1, I acknowledge that it is important that regulatory measures be kept under review and for Parliament to be informed of the outcome of such activities. I also acknowledge the point made about the rapid nature of change in this area and in many other areas.

The noble Baroness’s amendment would require a review to be undertaken within one year—rather than the six months that she mentioned; perhaps I misunderstood her—of the coming into force of Clause 2. Neither I nor the department think that such a period is sufficient to enable an effective review of the Oil and Gas Authority’s activities, it being a new body in a new area. For this reason, I am not able to accept the amendment. However, the noble Baroness and others have raised interesting and valid points about a review which my officials are already considering, and we will return to this topic on Report. I hope that that addresses the immediate concerns. It is clear that we need to see how the legislation is working, how effective it is and whether there may be a need for a touch on the tiller or more. I accept that there is some need to look at how the legislation is working.

I thank those noble Lords who spoke to Amendments 3 and 23, which are significant and would extend the maximising economic recovery principal objective and, in the case of Amendment 3, the subsequent strategy to include transportation and storage of carbon dioxide. I accept that CCS is central to what we are seeking to do on decarbonisation, but I reassure noble Lords that things are happening—it is not as though we are not doing anything on this issue. The Office of Carbon Capture and Storage is already committed to comprehensive programmes on CCS, perhaps the most comprehensive anywhere in the world, to support the commercialisation of the technology and develop the industry.

My noble friend Lord Howell mentioned Norway, which is indeed important. However, Canada—where it is working on a commercial basis—is especially important in this context. Officials from DECC are going out to look at this on a fairly regular and sustained basis.

It is not as though no work is happening on carbon capture and storage. We are committed to a competition with up to £1 billion capital—that is current, and we will make an announcement on it early in 2016—plus operational support for large carbon capture and storage projects and a £125 million research and development and innovation programme. That is already happening.

I accept that we need to ensure that this dovetails with the work done by the Oil and Gas Authority. From my study of it, the Wood review—I accept that things move very quickly—said only two things about CCS, which perhaps illustrates how quickly it is moving, and both those are being picked up. The review suggested that the Oil and Gas Authority should work with industry to develop a technology strategy that will underpin the UK strategy of maximising economic return, and should include enhanced oil recovery and carbon capture and storage. A draft is already being prepared on that, and it is going to happen. Page 49 of the Wood review goes on to say that the Office of Carbon Capture and Storage should continue to work closely with the Oil and Gas Authority and oil and gas licensees,

“to examine the business case for the use of depleted reservoirs for carbon storage and possibly EOR”—

or enhanced oil recovery. That, too, will be happening. I am sure that that provides some reassurance to the noble Lords who raised this issue.

If I may, I will come back to the purpose of the Bill, which seeks to incorporate all the key proposals of the Wood review into legislation. The Wood review has therefore to some extent tested and explored the new regime envisaged for the oil and gas industry, and the justifications for such changes are set out in the document. There has been no such exploration of how such an extension would affect carbon capture and storage, so I believe that more time is needed to consider fully how the OGA can take forward its role—it does have a role—in supporting carbon capture and storage.

[Lord Deben]

Would it not therefore be valuable if we give the new authority specifically the powers to do precisely that, rather than say that we will work on it and then do it? After all, if we give it those powers, work on it, and then find that it is not necessary, it will not do any harm. I always wonder why we do not do the things that will not do any harm when they might do some good.

[Lord Bourne of Aberystwyth]

As my noble friend I think knows, I am always in favour of doing things that would do good and against things that would do harm. Therefore, I will, I hope, be coming on to some points that may provide some reassurance.

Amendments at this stage could cause delays to the strategy that is set out in the Wood review and the legislation enabling the Oil and Gas Authority to carry out the vital functions that we have set out in regulating and stewarding the United Kingdom continental shelf. That said, the Oil and Gas Authority will have a key role in relation to carbon capture and storage. It will issue carbon dioxide storage site licences and approve carbon dioxide storage permit applications. We are also considering—this is important—how carbon capture and storage may be considered as part of a proposed decommissioning plan. The Oil and Gas Authority will take into account the viability of utilising captured carbon dioxide in enhanced oil recovery projects. I am very happy to engage with noble Lords between Committee and Report, along with officials, to see how we can do that. I hope that that provides some reassurance.

In addition, the transfer and storage of carbon dioxide is an important technology, which is why it is likely to form a key element of the technology and decommissioning sector strategies that will be developed by the Oil and Gas Authority in consultation with industry. These strategies will help to underpin the overarching strategy related to maximising economic recovery. I can therefore reassure noble Lords that we are certainly open to looking at how we move this forward, but I do not want to give the impression that we will change the principal thrust of the primary object of the Act, which is to maximise economic recovery. Certainly, we can explore ways of seeing how we can ensure that carbon capture and storage is incorporated within the remit of the work done by the Oil and Gas Authority.

I hope that I have covered the key points. One point was made by my noble friend Lord Oxburgh and echoed by the noble Baroness, Lady Liddell, which as a Minister I have much sympathy with. That is making sure that we have some clear reference points on legislation. I hope that we can let noble Lords have that because it is a point well made in this area as no doubt in many others—taxation, company law and pensions spring to mind as just three areas that would benefit very clearly. With my assurance that we are happy to look at how we can move this forward on both of the points made—a timely look at the legislation and how we can ensure that carbon capture and storage is not forgotten, and we certainly do not intend that it should be—I hope that the noble Baroness will be willing to withdraw her amendment.

Climate Change

Debate between Lord Bourne of Aberystwyth and Lord Deben

Wednesday 17th June 2015 Lords Chamber

[Lord Bourne of Aberystwyth]

The noble Baroness will be aware that the green economy is growing and, at the same time, there is a lowering of the carbon economy within the United Kingdom. This is a very favourable sign, which exhibits the point made by Sir Nicholas Stern and his committee. Clearly, many businesses have signed up to the importance of tackling climate change, as the noble Baroness will be aware.

[Lord Deben]

Does my noble friend accept that the largest problem is that the Government have no plans for continuing the advantages for renewable energy and the like after 2020? We need to have clear pathways as quickly as possible because, unlike my noble friend, I think the science shows that we will reach 2 degrees much more quickly than he suggests.

[Lord Bourne of Aberystwyth]

I agree that there is an urgent need to look at the renewables programme. My noble friend will be aware that there is a new department and that we are all in new roles, but we are looking at the issue urgently.