United Kingdom Internal Market Bill

Baroness Bennett of Manor Castle Excerpts

Report stage & Report: 2nd sitting (Hansard) & Report: 2nd sitting (Hansard): House of Lords
Monday 23rd November 2020 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I will speak briefly to Amendment 23, in the name of the noble Baroness, Lady Boycott, to which I was pleased to add my name. We have just heard from the noble Lord, Lord Whitty, who has also signed it, and he put his finger on the case for this amendment, as did the noble Baroness herself.

As the noble Baroness, Lady Boycott, said, this amendment would ensure that there is a derogation from the market access principles of mutual recognition and non-discrimination which would allow all four UK nations to put in place proportionate measures to protect the environment and tackle climate change. I echo completely what she and the noble Lord, Lord Whitty, said. We do not need to emphasise the crisis that we are facing with climate change and the environment. It is the big issue of our time.

There are concerns that without this derogation there is a potential for stifling innovation, as there will be no incentive for a nation to set higher environmental standards for goods given that it will have to sell goods from the other three nations which may have been produced to a lower standard. I make no apology for repeating the example of a possible consequence if we do not include this amendment, and I want my noble friend the Minister to put my mind at rest on this.

A potential ban on peat for horticultural purposes is a good example, and something that I have been campaigning on for some time. It is an issue that affects climate change and biodiversity. If any of our four UK nations decided to ban the sale of peat for horticulture due to its impacts on biodiversity and emissions, and to preserve our precious peat bogs, what would that mean for another part of the UK that had, at that time, decided not to go down that line? Can my noble friend confirm that, as I read the Bill as currently drafted, the far-sighted nation that decided to ban peat would still have to sell peat from elsewhere in the UK? I am no expert on this, so can my noble friend the Minister also clarify what the situation was while we were still within the EU? I have often heard that one of the advantages of leaving the EU was being able to do exactly what we wanted.

I use that as an example, but I could have given a number of other similar scenarios, such as single-use plastics. I know well from my time as a special adviser to the previous Prime Minister that the devolved countries do not always move at the same speed on environmental measures. I do not want their ambitions to be stifled, however accidentally.

I do not want to detain your Lordships over this excessively, as we have heard already from several others, but I will just say this: without insurance, I regard this as a very serious flaw in the Bill.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I speak to Amendment 22, in the names of the noble Lords, Lord Wigley and Lord Hain, and Amendment 23, in the names of the noble Baroness, Lady Boycott, and the noble Lords, Lord Whitty and Lord Randall of Uxbridge. I too will be brief, because those introducing the amendments—which the Green group support—have done a great job of explaining the urgent need for them both.

Amendment 22 deals with public procurement. I spoke quite extensively—for three minutes, anyway—on a statutory instrument on this issue on 16 November, so I will not go on at great length. I will just point out that we have seen many states in Europe make great progress on this issue, and, as the noble Lord, Lord Wigley, set out, Wales has also made significant progress—perhaps the most progress of the nations of the United Kingdom. We have also seen great progress in England for what is known as the Preston model. Public procurement is absolutely crucial for improving the quality of our public health and our environment, for tackling climate change and for supporting small independent businesses. We are setting the model here for what we might hope to be future devolution within England—for Yorkshire, perhaps, and Cornwall, so they should also be able to leap ahead with the resources and powers to do so.

On Amendment 23, as the noble Lord, Lord Randall, just said, it is crucial that no nation in the United Kingdom is held back by others being laggards—and we know which ones that is likely to be. The point of devolution is to allow nations to diverge, to take different paths and to act according to their local circumstances. The noble Lord gave the very good example of peat, something on which we keep hearing promises of action but where we have yet to see the action needed. We hope that we will see real leadership on this and then see the laggards follow.

[Lord Empey (UUP)]

My Lords, I raise an issue that has already been referred to by the noble Lord, Lord Hain, pertaining to Amendment 22. It came to my attention two weeks ago, and I suspect that many Members are not aware of it, but we need to make ourselves aware very quickly. I attended Grand Committee when we were discussing the SI on common rules for exports. It was introduced by the noble Lord, Lord Grimstone. Bear in mind that the SI dealt with circumstances in which the UK Government could require one of the devolved regions or a company not to export certain items, if they were deemed to be required for the national purpose. For instance, the UK Government could say to a manufacturer of PPE anywhere in the UK, “We need that in the United Kingdom. We cannot let it go abroad.” However, in his opening remarks, the Minister said that the European Commission would exercise these powers in Northern Ireland.

In a different context last week, I asked the noble Lord, Lord True, about this and in what other areas the European Commission would exercise powers. He was unable to answer and said he would write. I put down a Written Question to which I have not yet received a response, but I am trying to get at the significant change taking place to the internal governance of the United Kingdom. In this example, a Minister of the Crown is telling us that a foreign power—which the European Commission will become on 1 January—will exercise powers in a part of the United Kingdom. I do not believe that that SI, and we have had hundreds of them, is the only SI to which this applies. I have asked for research to be undertaken on this, but the question arises in this case specifically, so perhaps the Minister will address it. If he cannot address it today, I would be grateful if he would write and place his response in the Library.

As Northern Ireland will be left in the EU, and subject to the single market and customs union regulations, and state aid rules, where, ultimately, does the power reside? If the procurement rules in the rest of the United Kingdom change, or if they change in the European Union but not in other parts of the United Kingdom, who will ultimately decide on these matters? Public procurement is an EU competence at present. It is not entirely devolved, because competition policy was a reserved matter, as I understand it, but there is a question over who actually decides. In my opinion, the constitution of the United Kingdom is being changed by statutory instrument. Very few people even seem to be aware of all this. Things like this amendment tease out who decides.

The subsequent Amendment 23 has some noble aims and objectives. A question also arises there as, if European Union environmental standards change, how will they be translated into regulations that could affect what happens in Northern Ireland versus Great Britain? There are big questions to be asked here. If the Minister cannot deal with them today, I would be grateful if he would write to me and put the letter in the Library for Members to see. There are changes taking place to our country, and people seem almost to be oblivious to their full extent and what they will mean in the long term.

--- Later in debate ---

37: Page 461, line 30, at end insert—

“Teaching Services

provision of teaching services in schools or colleges”

Member’s explanatory statement
This amendment would add the profession of teacher and teaching services to the scope of the exclusions from the Bill, in the same way that the legal professions and legal services are excluded.

[Baroness Bennett of Manor Castle (GP) [V]]

My Lords, I will also speak to Amendment 50 in my name, which is also signed by the noble Lord, Lord German, to whom I am grateful for his support. Also in this group is Amendment 51, tabled by the Government, for which I thank the Minister. It is clear that the Government were listening during the debate in Committee, and I note that in the letter that the noble Lord circulated this afternoon to interested Peers he acknowledges the representations made by stakeholders on this issue. I can only express my appreciation that we have seen movement from the Government on this. This is also a demonstration of the usefulness of having a House of review.

I wish to thank the General Teaching Council for Scotland, as I did in Committee, for assisting me in the analysis particularly of the differences between the government amendment and those I had tabled. I also note and thank the noble Lord, Lord Foulkes of Cumnock, with whom I consulted about this matter, as a former chair of the education committee and a member of the General Teaching Council for Scotland. He empowered me to say that he supports the push to see that the full powers of the General Teaching Council for Scotland are retained. I wish, however, at the moment to retain the possibility of taking Amendments 37 and 50 to a vote, depending on the answers to two questions that I wish to put to the Minister, of which I have given him prior notice.

The first, and perhaps the most crucial one of all, is about the word “school” in the Government’s amendment. I remind noble Lords that government Amendment 51A says that the mutual recognition provisions do not apply to “school teaching”. Could the Government confirm that they intend that this will be interpreted in a broad sense, so that it encapsulates any educational institution in which teaching is delivered? The original amendments, Amendments 37 and 50, refer to the “teaching profession”, which obviously has a potentially broader scope.

I note also that the Minister’s letter circulated to Peers says that the Government have tabled an amendment to remove the teaching profession from the recognition provisions. Clearly, “the teaching profession” and “school teaching” are not necessarily the same thing, and I think it is crucial that we make this very clear. I am not a lawyer, but I doubt that a letter from the Minister to Members of your Lordships’ House has a huge amount of legal standing. I think we need to get on the record precisely what the government amendment means.

The second question is perhaps more technical, and that is a remaining question about the application of the mutual recognition principle and the scope of the exclusions in Schedule 2 Part 1. I seek confirmation from the Minister that the above exemption would not be restricted by the provision in Schedule 2 covering:

“Services provided by a person exercising functions of a public nature or by a person acting on behalf of such a person in connection with the exercise of functions of a public nature”.


Teaching in local authority schools, which would constitute a service provided by a person exercising a public function, would appear to be covered by that. But, obviously, education and teaching extend far beyond that. In particular, what about teaching in independent schools? Teaching is not solely carried out in a public service context, which casts doubt on how the exclusion applies in the context of teaching services as a whole.

Given that the General Teaching Council for Scotland register is not employment based and that the GTCS has no role whatsoever in where a registered teacher ultimately becomes employed—indeed, this often changes over the course of registration—it is important to know that the Government’s intention, and the effect of the law, is to cover all of these elements.

I have focused here particularly on the Scottish case, and I believe the noble Lord, Lord German, will address Welsh issues in particular, but I hope that the Government have also taken full account of the particular situation of Northern Ireland and the teaching profession there.

Finally, I would like to ask a somewhat broader question of the Minister. In Committee, I noted that it would appear that there are also issues potentially with other professions, particularly social work—but there may well be others. I ask the Minister to confirm that the Government have fully consulted with all the professions which may have different arrangements—sometimes long-term, continuing arrangements—in the devolved nations regarding registration or qualification requirements. If the Minister is not able to answer now, perhaps he could write to me about that question.

I note the comments made in the last group by the noble Lord, Lord Stevenson of Balmacara. We are, at this stage of the Bill, still left with very considerable uncertainties and concerns and a real lack of clarity, which has to be a worry given the importance of the Bill and these issues and the pressing nature of the deadline approaching us. I beg to move.

[Lord German (LD)]

My Lords, I rise to support Amendments 37 and 50 and slightly to push the point that the noble Baroness, Lady Bennett, just mentioned, that the words “teaching profession” appear in a letter which was circulated to colleagues in the House of Lords today but the words “school teaching” are used in the amendment. People who teach in further education colleges are called teachers or lecturers, but teaching is what they do. In fact, sometimes they are called teachers in universities as well. That clarification is needed, but at the moment we clearly have two separate terms. I recognise that the Government have moved in this direction and are thinking about this issue following representations made to them, and I welcome that.

However, there is a problem with the words “school teaching” only. I consulted the Education Workforce Council, which has responsibility for the registration of teachers in Wales. It registers petitioners in seven workforce categories across four settings: schools, further education, work-based learning, and youth work. While there are no minimum qualifications for further education staff in Wales as part of EWC registration at present, that might change. In England, there is no registration system for further education staff or any minimum qualifications. It might therefore be that this is not future-proofed in this legislation, where further education might well become a regulated profession as in other forms of education.

The other issue that comes out of this is the four settings that the Welsh council regulates. I would like to ask the Minister about youth work. If you are a registered professional working in youth and it is requirement for you to be registered if you are to be in this area, is that included in the government amendment which refers to “school teaching”? The definition of “teaching” and “school” is quite wide.

I would like the Minister to have a look at the common framework in this area because there is already a mutual recognition of professional qualifications common framework. I would be grateful if she could update the House on how that common framework is progressing. If it is progressing and it is part of the common framework procedure on which we have already passed an amendment, clearly it will make a substantial change to this section of the Bill as well. The principle of automatic recognition imposed under the Bill may well prevent Welsh Ministers, for example, regulating in future on professionals qualified elsewhere in the UK who have lower qualifications or standards than those which would be required in Wales.

Finally, I turn to an issue which has come out of this discussion. Social care is also an area where there are professions. Social care regulation in Wales is also undertaken by a separate regulator. It is one of its primary functions. Under the Regulation and Inspection of Social Care (Wales) Act 2016, from 2022 a range of social care professions will be mandated by the Welsh Government. In other words, you will not be able to operate as, for example, an adoption service manager, a fostering service manager, a residential family centre manager or an adult care home worker unless you have had your registration approved by Social Care Wales.

--- Later in debate ---

[Baroness Bloomfield of Hinton Waldrist (Con)]

I will of course be delighted to do that and I will take the point back to the department.

[Baroness Bennett of Manor Castle (GP) [V]]

I thank the Minister for her answer and I apologise for not noting the changeover in Front Bench responsibilities.

To be honest, I am not entirely reassured, and I want to put a specific question to the Minister that follows on from what the noble Lord, Lord Purvis of Tweed, has just said about further education. The suggestion of Pilates teachers is something of a red herring, or perhaps a straw man or woman. I am not a lawyer, but perhaps a term like “registered teachers” would allow for an arrangement whereby those who are currently covered by the General Teaching Council for Scotland, or indeed those teachers who are covered by the Education Workforce Council in Wales, would be covered by such a term.

I do not think that we have gone into the detail of the question asked by the noble Lord, Lord German, about the common frameworks and how they work with the Bill, which is a question that noble Lords have been wrestling with right through this Bill. I will quote the noble Lord, Lord German, who said that we are trying to “bottom out the detail” of the Bill. I do not think that we are there yet, and the government amendments do not quite get us there.

Before I make a final call on this amendment, perhaps the Minister could say why a term like “registered teachers” would not do the job more clearly and fully than the term “school teachers”.

[Baroness Bloomfield of Hinton Waldrist (Con)]

We are talking about semantics here. We are trying to be clear that who we intend to exclude from this provision are school teachers working in a school environment, whether or not they come from a higher education college in order to work in that environment. I do not believe that I can go further than what I have said already.

[Baroness Bennett of Manor Castle (GP) [V]]

I thank the Minister for her answer. I am still not sure that we are where we need to be or that we have dealt with the issues raised by the noble Lord, Lord German, regarding youth work and the social care professions. However, I am not sure that pushing a vote on Amendments 37 and 50 would get us to where we need to be. I hope very much that, as the noble Lord, Lord Stevenson, said, the Government will look at the lack of clarity and problems that have been exposed in this debate and seek to tidy up the Bill, as the noble Lord, Lord Purvis of Tweed, has said. For the moment, I beg leave to withdraw the amendment.

Amendment 37 withdrawn.