Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013

Baroness Northover Excerpts

Thursday 10th January 2013 Grand Committee

Moved By

[Baroness Northover]

That the Grand Committee do report to the House that it has considered the Legislative Reform (Constitution of Veterinary Surgeons Preliminary Investigation and Disciplinary Committees) Order 2013

Relevant documents: 9th Report from the Delegated Powers and Regulatory Reform Committee

[Baroness Northover]

My Lords, this draft legislative reform order seeks to make changes to the outdated constitution of the two committees that deal with disciplinary proceedings, the disciplinary committee and the preliminary investigation committee of the Royal College of Veterinary Surgeons. At the moment, the college is required to populate these two committees with members of its governing council. In effect, that means that the same body of people is responsible for both setting the standards for the profession and dealing with possible breaches of those standards. This is not in line with modern regulatory best practice as there is insufficient impartiality and independence and there is public pressure for reform. The RCVS needs to separate these functions to balance both professional and public interests. In addition, the current size of the disciplinary committee makes it difficult to manage the current and future case load in an efficient and timely manner. The college reports that RCVS council members who are elected to the disciplinary committee are now overstretched as they struggle to find time for the increasing number of sitting days.

The constitution of the DC and the PIC is prescribed in the Veterinary Surgeons Act 1966 and reflects the regulatory practices of that time. Replacing Part I of Schedule 2 to that Act allows the college to implement modern disciplinary practices in line with other comparable regulators such as the General Medical Council, the General Dental Council and the Nursing and Midwifery Council. In these organisations, there is a separation between those who advise on professional standards and those who implement the disciplinary process.

The proposed amendment to the Veterinary Surgeons Act is to change the constitution of the two disciplinary committees, in terms of both the eligibility for membership and their size. This will allow the royal college to make changes that comply better with the Better Regulation Commission’s principles. No longer will the membership and chairmanship of the PIC and DC be drawn from the council. They will in fact be ineligible for appointment. Instead, appointment to both committees will follow an open, transparent and independent recruitment process. For the first time there will be a statutory requirement that the committees must contain a proportion of lay people, to bring a fresh perspective to the work of the committees and to improve further their independence. There will an increase in the size of the committees. This should make it much easier, and possibly quicker, to assemble a panel for an individual case-hearing from the larger pool of people, thus removing a burden, specifically defined as “an obstacle to efficiency”, from the RCVS.

The amendments will also introduce more flexibility into the constitution of the committees as well as remove the most outdated restrictive provisions. Committee members will serve for a specific term of office and for no more than two terms on each committee. The new size of the committees allows for flexibility in case further increase is needed in the future, without the need for another legislative change.

Removal of the provision regarding veterinary practitioners supports better regulation principles by removing outdated and unnecessary provisions through simplification and streamlining, while removal of the prescriptive timing of committee elections removes another burden to the college’s operation of its disciplinary process. However, provisions that are seen as important in the current Act will be retained—these relate to the size of the quorum and the important judicial principal that no member may sit on both the preliminary investigation committee and the disciplinary committee in relation to the same case.

In conclusion, this replacement of the relevant schedule to the Veterinary Surgeons Act 1966 is necessary to allow the Royal College of Veterinary Surgeons to exercise its functions in relation to disciplinary cases brought against members of the veterinary profession. It will allow the disciplinary committees to work in a more efficient manner and in compliance with better regulation principles, and will provide flexibility to cope with future changes. I beg to move.

[The Countess of Mar]

My Lords, I declare my interest as an honorary associate of the Royal College of Veterinary Surgeons and the British Veterinary Association. This draft legislative reform order has been long in gestation and I know there will be relief all round to see it finally enacted. The order will bring the royal college in line with other professional health bodies, as the Minister said, such as the General Medical Council, which are responsible for setting standards as well as imposing discipline on those of their registrants who may be in breach. The importance of being fair as well as being seen to be fair has grown since the human rights legislation came into force. Ensuring that membership of both the preliminary investigation committee and the disciplinary committee is no longer elected by or from among the council of the royal college eliminates the possibility of accusations of bias. Increasing the size of both committees ensures that there will be a larger pool from which to draw members for hearings. The pressure on members to attend disciplinary committee hearings will be relieved and waiting times for hearings will be reduced. We should never forget that justice delayed is justice denied.

I have always believed that lay members add strength to committees of professionals because they are in a position to ask the important “how, what, when, why, where” questions that professionals tend not to ask each other. Changing the status of the current lay observers to full membership and enabling them to vote is laudable and will increase the transparency of the committee proceedings. I am also pleased to see the built-in flexibility with the size of committees for particular hearings as well as the definition of quorum membership and size that this order defines.

The open, transparent and independent recruitment process described by the Minister and in the impact assessment is a foil to anyone tempted to complain that the appointment of committee membership was opaque and partial. This problem had been of concern to the public, the veterinary profession and the Royal College of Veterinary Surgeons for more than a decade. The possibility of producing a new veterinary surgeons Act to replace the one that is now nearly 47 years old was considered. I recall the suggestions from the EFRA committee in the other place being given a very firm put-down by the noble Lord, Lord Rooker, when he was Defra Minister on the grounds of lack of time and finance. This order is the next best thing, and I commend it.

--- Later in debate ---

[Lord Grantchester]

I thank the Minister for her explanation of the order before the Committee, ably supported by the noble Countess, Lady Mar, and the noble Baroness, Lady Byford. I will not detain the Committee long as this is a non-contentious updating of regulation in line with modern practice. In the other place, it was taken without debate as there was no dissent following the excellent second report of the House of Commons Regulatory Reform Committee. The report explains with great clarity the problem with the constitution of the disciplinary committees of the Royal College of Veterinary Surgeons as defined by the Veterinary Surgeons Act 1966, and sets out the proposed solution made under the Legislative and Regulatory Reform Act 2006 by ensuring that the same group of people in the veterinary profession is not responsible for setting the rules as well as investigating complaints and adjudication. It also introduces formally lay persons on to both the preliminary investigation committee and the disciplinary committee. In your Lordships’ House, the ninth report of the Delegated Powers and Regulatory Reform Committee cleared the order, satisfied that it meets the tests set out in the 2006 Act. The committee was also content with Defra’s proposal that the affirmative procedure should apply. From these Benches, I am happy to add our agreement to the order.

In assessing the order, notwithstanding the necessary updating of compliance, I wonder if there is evidence of problems that have arisen from the existing procedures. In my conversations with the royal college, I am grateful to Anthony Roberts who sent me the details of an appeal to the Judicial Committee of the Privy Council against the judgment made exactly on the grounds that this order seeks to remedy; namely, that the profession’s disciplinary procedures were inherently unfair and against the Human Rights Act. This appeal in December 2011 was dismissed by the Privy Council, which noted that the royal college had gone to elaborate efforts to separate the membership and work of the committees that produce guidance, investigate complaints and pass judgment. It also noted that the RCVS had made strenuous efforts to ensure that its disciplinary procedures were fair and in accordance with human rights legislation. In addition, the Privy Council recognised that the veterinary profession’s regulatory framework was indeed constrained by the Veterinary Surgeons Act 1966, and the council therefore supported,

“statutory reform so as to enable members of the disciplinary committees to be chosen from outside the Council”.

This view from the Privy Council lends significant weight to the case for the legislative reform order before us.

I am also grateful to the noble Lord, Lord Trees, for his guidance on the situation. We look forward to his maiden speech tomorrow. He described this order as the most important reform of the profession since the 1966 Act. It is a discreet reform that is in the best interests of the public and the veterinary profession. It includes lay persons among the committee’s membership, thereby balancing public and professional interests.

I should like to tempt the Minister to comment further. The only sanction that the disciplinary committee has is to remove or suspend a veterinary surgeon from the register. This is a draconian power that disallows a vet from going about his or her business. When I commented on this to the noble Lord, Lord Trees, he said that the royal college has introduced further reforms to ensure that it remains at the forefront of regulatory best practice. The royal college has been able to widen its sanction measures by dealing compassionately with veterinary surgeons with health or mental health issues. I wonder whether further measures could be introduced, such as the power to fine or even to suspend penalties, although some may argue against this. Can the noble Baroness say whether other powers have been considered by her department, and what view she has in this regard? I know that the royal college has initiated a performance protocol which aims to allow the college to manage proportionately any justified concerns about professional performance and to launch a new code of professional conduct.

It is encouraging to see that the royal college is constantly seeking ways to improve and I commend it on its activities. Last November, it introduced its first-rate regulator initiative. Among the areas that the college has been reviewing is the regulation of veterinary nurses who are not subject to statutory regulation. Indeed, the title “veterinary nurse” is not protected. I understand that as long ago as 2007, the college introduced a non-statutory register for veterinary nurses under by-laws made under the royal charter. Mindful of the increasing role of veterinary nurses in practice teams and public expectations about professional accountability, what are the department’s views in this respect? In its discussion with the college, has the department come to a conclusion on how statutory regulations may be introduced, and to what timetable?

These further questions must not allow us to refrain from making progress today. I agree that the order before us must be passed to bring forward the necessary reforms, and I look forward to their implementation.

[Baroness Northover]

My Lords, I thank my noble friends Lady Mar and Lady Byford, and the noble Lord, Lord Grantchester, for their fulsome support for this measure, and I wish that that was the case for all the departments that I cover. This is really refreshing, especially for my first SI for Defra.

The noble Lord, Lord Grantchester, flagged up a couple of areas which I shall seek to address. As he will know, the Veterinary Surgeons Act 1966 regulates the profession of veterinary surgeons. We are aware that the college has been working to develop proposals for a framework for the statutory regulation of veterinary nurses, but these have not yet been presented to Defra for consideration.

In October last year, a project was launched that will see joint input from Defra officials and representatives from the veterinary profession and other para-professional industries to review how “minor acts of veterinary surgery” undertaken by non-veterinarians should be controlled in the future. Our general approach is that we would like to see a more effective but proportionate—echoing the word used by the noble Lord, Lord Grantchester—risk-based approach to this. We will look for a non-regulatory solution wherever possible and look forward to further discussions on this.

I was also asked about the fact that the only sanctions available to the college are those of removal or suspension and whether other powers are being considered. These could not be brought in using a legislative reform order, but we welcome what the college has done in terms of the health protocol. I have taken note of what the noble Lord, Lord Grantchester, said, and given that I have been given various other pieces of information on this, I shall be happy to discuss the detail with him later. As he has said, we do not want to slow down the passing of this order.

I want also to echo what the noble Lord, Lord Grantchester, said about the noble Lord, Lord Trees. I enormously appreciate the fact that he came to see me to express his support for this order, pointing out that he would have liked to have spoken in the debate but could not do so because he will be making his maiden speech in the debate tomorrow, which we look forward to hearing.

I thank all noble Lords for their support for this order and I will follow up on anything that has not been dealt with. In the mean time, I commend the order to the Committee.

Motion agreed.