Professional Qualifications Bill [HL]

Debate between Lord Bruce of Bennachie and Lord Hope of Craighead

Tuesday 9th November 2021 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, I wish to intervene, as I am sure the noble and learned Lord, Lord Hope, will, and he may be able to comment on what I am about to say.

The noble Baroness has explained quite clearly what the purpose of the amendment is, and I do not need to repeat that, but we are engaged with the interaction between the Bill and the internal market Act. That is the nub of where the suspicion has arisen. I take account of the fact that the Minister has explained the consultations that have taken place, but they did not take place for the internal market Act, and that has led to a legacy of suspicion which has not gone away. This is where the problem arises. The Minister will clearly want to say that things have moved on, but he needs to reassure the devolved Administrations that that is genuinely the case if we are to secure their consent, unless there are other valid reasons that we have not heard about.

In answer to an intervention by the noble Lord, Lord Purvis, the Minister previously said that immigration is one thing and professional qualifications are something else—but they all impinge on each other. We all know that the Government are out in the world looking for all kinds of agreements, post Brexit, which they feel will liberate the UK and create huge opportunities, whether it is exporting skills or importing skills. Yet professional bodies are saying, “Is this going to threaten our standards?”, and the devolved Administrations are saying, “Are our specific circumstances going to be overridden by those priorities?” I contend that that is the nub of the problem.

I have signed this amendment, as have others, because I believe it is trying to put in the Bill a requirement that would categorically state that the concerns of the devolved Administrations and their politicians would not be justified if the consultation was statutorily required and the particular safeguards were in there. That still allows, of course, for the Secretary of State to override the devolved Administrations, but not without going through a clear, spelled-out process of both consultation and explanation, as and when and if an override is likely to be applied.

I am not sure I need to say more, other than that I think the Minister has acknowledged that he is suffering from a legacy that was not of his making. But it is there and, if it is not addressed, it will poison the Bill.

[Lord Hope of Craighead (CB)]

My Lords, I put my name to this amendment because it is crucial that the arrangements that are made under Clause 7 are designed to give accurate and complete advice and assistance. The people who are seeking that advice and assistance are of course coming with at least a rather imperfect knowledge of the systems and the professions which they are seeking to engage with, and it is crucial that the advice and the assistance is well founded. I am quite sure that that is what the purpose of Clause 7 is, but this amendment is intended to reinforce that.

I hope that what I said in the earlier group, about the way in which the legislative consent process was handled by the Minister, was not thought to imply a criticism of him or the way in which he was handling it. If there was any such implication, I absolutely withdraw it. I am quite certain that he handled the discussions with the care which has characterised his handling of the Bill, at all stages in this House. We have appreciated greatly the depth of knowledge which he has brought to bear and the care and consideration which he has given to every issue that has been raised. I am certain that the discussions will have been conducted with the same courtesy as we have enjoyed in this House. It was not meant to be a criticism of the noble Lord at all.

I was searching for information; it is very unusual for us to be able to refer to the absence of a legislative consent Motion while we are in the course of a debate during the passage of a Bill. That is perhaps one of the shortcomings of our procedures; we do not know what is going on, and the Constitution Committee is in ignorance of what is going on. The purpose of my intervention on this point was to seek information to balance out the rather depressing impression we have been given by the devolved Administrations—including Northern Ireland, I should have said. If there is a balance to be struck, the information that the noble Lord will give me in the letter will be important. I hope he will allow me to share his letter with the Constitution Committee, because it would be extremely interested to know what he has to say.