Professional Qualifications Bill [HL]

Lord Kennedy of Southwark Excerpts

Tuesday 9th November 2021 Lords Chamber

[Lord Fox (LD)]

My Lords, I first apologise for arriving a tad late; I was at the Economic Affairs Select Committee and had to sprint down the Committee Corridor when I saw the Bill coming up.

When this Bill went on its holiday in July, after Committee, I think we were all pleased that there would be a moment of reflection—and it has come back a much-refreshed Bill. The Minister did not go on holiday but worked with us across the Floor to help the refreshing process. We see evidence of that in both this and later amendments. At the beginning, we on these Benches shared the same suspicion that the noble Baroness, Lady Hayter, had: Clauses 1 and 2 looked as though they might have been Trojan horses for something far more dangerous to the system than the Minister wanted us to believe. This amendment works very well in dispelling that suspicion, so we are very supportive of it.

Briefly, on Amendment 2 in the name of the noble Lord, Lord Lansley, I agree with him that the combination of government Amendments 1 and 12, which will come later, do a good job in handing over the role that he envisaged to the regulatory authorities. In that respect, we believe that it is no longer necessary. So we welcome government Amendment 1 and look forward to rest of this debate, in which we will continue to make a few comments on outstanding issues.

[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.

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[Lord Purvis of Tweed (LD)]

My Lords, I support my noble friend Lord Bruce in his questions. As other noble Lords have indicated, this is an opportunity for the Minister to give a clear position on the situation regarding legislative consent Motions. If the Government are not able to provide an assurance that there will be LCMs during the passage of the Bill, we will be in the uncomfortable position of now having a number of Acts where there have been no LCMs and the Government will have considerable regulation-making power over devolved regulators if the Westminster Government believe that the devolved Government are not acting. This could create those sensitive areas where there are devolved regulators which will then be instructed under regulations to change their procedures for areas where the UK Government will have considered that there is unmet demand but the devolved Administration may not, and there is no vice versa equivalent. Therefore, if there is no LCM process, and the Government will be acting over the top of the devolved Administrations, this will be a potentially problematic area, not least in those professions that are not likely to be exempted under these areas. So transparency will be helpful, if the Minister could give that indication.

Regarding consultation, this will be a consistent theme that the House will return to time and time again. We did so on the Internal Market Bill, and here, and, until the common frameworks are in a state of readiness—and I understand that they are quite far away from such a state—we will have to press the Government on how operations will cover the whole of the UK. Could the Minister give clarity on that?

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, the Opposition have been clear through the passage of the Bill that regulators need statutory protections to ensure that they are consulted on the regulations made under it. That is why my noble friend Lady Hayter of Kentish Town tabled Amendment 3. Other amendments in this group, Amendments 4, 7, 8 and 9, seek to achieve the same thing. I had a very positive meeting with the noble Lord, Lord Grimstone, a couple of weeks ago, and was happy to see a copy of his Amendment 13, which we support. It is welcome. The Government have listened, as the amendment requires the appropriate national authority to consult the regulator of a regulated profession before making regulations under Clauses 1, 3 and 4. We are happy to accept that, and my noble friend has no intention to divide the House on her Amendment 3.

The noble Baroness, Lady McIntosh of Pickering, made some very important points on consultation with the devolved Administrations. I very much agreed with those, and with the comments of my noble friend Lord Foulkes of Cumnock that we must always treat the devolved Administrations with respect for their mandate and the work they do. Equally, the United Kingdom Government is on a different level, and we are all proud citizens of the United Kingdom. I support the comments he made, and of course enjoyed his speech very much. I hope on his trip he will pop down to the London Borough of Southwark, a wonderful borough with historical connections to Geoffrey Chaucer, William Shakespeare, Charles Dickens, Michael Faraday, John Ruskin and many others.

[Lord Foulkes of Cumnock (Lab Co-op)]

South of the river?

[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.

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without there being any clear definition, many consumers will say that pretty much all their services at the moment fit into those categories. If you are a consumer having to wait longer for your energy provider, or any others, and are having to pay more for those services without there being baseline information or a proper market assessment, ultimately the free hand of government to make the decisions about what is unmet in that consideration is very broad. The case for these amendments, which on one hand remove some of the specificity, in that of the noble Lord, Lord Lansley, but also add a degree of clarity, in the second amendment, have merit. I hope that, at this late stage in the Bill, the Minister is able to give more clarity from the Dispatch Box.

[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.