Professional Qualifications Bill [HL]

Baroness Noakes Excerpts

Tuesday 9th November 2021 Lords Chamber

Before I sit down, I add my own words of good will towards Michael Clancy, in his present situation, that he may be restored to good health. I also thank him for the work he has done on the Bill, as he has done on so many others, to inform our discussions.

[Baroness Noakes (Con)]

My Lords, I do not normally intervene where devolved matters are concerned but I was so surprised to see the amendments tabled in this group that I felt I had to make some observations.

To start with Amendment 10 and Clause 7, I was very critical of Clause 7 in Committee, in that it was setting up an advice centre which I could not see the real need for. Nevertheless, if one is going to have one, it should be complete and accurate; the noble and learned Lord, Lord Hope of Craighead, has referred to that. The existing advice centre under EU law, which will be migrated into the one under this Bill, is certainly not complete and is therefore not accurate.

While I believe that the arrangements being made would benefit from scrutiny, I am not sure what the purpose of adding on a consent mechanism would be. The arrangements should be between BEIS and whoever is providing this advice centre to have complete and accurate information, and I do not think anybody needs to consent to that at all, because that is perfectly obvious. While I do not see any need to have that additional mechanism, it is good to have scrutiny on the centre’s input, but that can be done by informal means; it does not need the seeking and giving of consent.

Similarly, in the case of Amendment 10A in the name of the noble Baroness, Lady Blake, I could not see anything in Clause 9 which could possibly be incompatible with a common framework agreement for professional services, if and when one emerged. All it says is that if somebody in one part of the United Kingdom wishes to practice in another part of the United Kingdom, the regulators in the two parts have to give each other information about that individual. It seems that there would never be any circumstances, under any form of common framework, where that would not be an essential part of it.

Lastly, on Clause 14 and Amendment 14, I was also mystified, because Clause 14 seems to respect the devolution settlements. It specifically creates the national authority’s powers in relation to things that are within the devolution settlements, so I could not see what would be added by the arrangements that Amendment 14 seeks. I could not think of any tangible, practical reason for the devolved Administrations to want to get involved in those areas in the way in which this is drafted. For me, this is something of a mystification. It may be partly explained by the bad feeling left by the internal market Act, but I genuinely do not see an issue of substance here that noble Lords should be getting excited about.

[Baroness Randerson (LD)]

My Lords, the noble Baroness put her finger on it when she referred to the bad feeling engendered by the internal market Act. That has undermined confidence between the devolved Administrations and the UK Government. But there are also good, practical reasons why they need to be consulted. I support these amendments because it is absolutely crucial that, at the centre of this, the assistance centre truly represents the whole of the UK and can provide accurate information.

The history of this Bill is that the whole thing is a lot more complex than the UK Government originally thought. I think that the Minister would acknowledge that. The noble Baroness has played her part in pointing that out to the Government. It is not just a courtesy to seek consent. Things are different in different parts of the UK. I speak in this debate from the perspective of Wales, where our difference is partly underlined by language issues of significance. If you are looking at the clinical professions, or teaching, language is important in the delivery of those qualifications.

However, there is a key issue here in the interaction between this Bill and the United Kingdom Internal Market Act, which was designed to undercut devolved powers and which, despite some amendments, still has the power to do so. The UK Government deal internationally with what I am sure they see as the interests of the whole of the UK but, to give one example, the international trade deal with New Zealand provoked dismay in Wales because of the impact that it will have on Welsh sheep farmers. That may not be of direct relevance to this Bill, but it underlines the fact that, just because the UK Government are intending that it should benefit the UK, that does not mean that it will actually benefit the whole of the UK. The same applies with professional qualifications and the terms in which there could be an impact from an international trade deal on those qualifications.

The lack of legislative consent Motions is a symptom of the problem. Common frameworks are there and should be there to ensure harmonious working, but those of us speaking in this debate who are members of the Common Frameworks Scrutiny Committee—the noble and learned Lord, Lord Hope, my noble friend Lord Bruce and the noble Lord, Lord Foulkes, who was here earlier—know that common frameworks have been applied so far in a fairly haphazard manner in some situations, and therefore we cannot entirely rely on them yet. I am very pleased to see the amendments that relate to them, because that reinforces their importance in improving relationships between the Governments within the United Kingdom. Therefore, I support these amendments.