Draft Architects Act 1997 (Amendment) (EU Exit) Regulations 2019

Brendan O'Hara Excerpts

Thursday 14th March 2019 General Committees

[Brendan O'Hara (Argyll and Bute) (SNP)]

I will be brief. Despite the Scottish National party’s long-held and unqualified opposition to the UK’s withdrawal from the European Union, we understand that if we do have to leave, in whatever form Brexit eventually takes, it is important that the UK Government secure some kind of continuity. Therefore, we will not oppose the regulations. From my reading of them, they will simply put into place arrangements that will be needed to establish a framework to enable a transition that is as orderly as possible, with as little disruption as possible, if there should be a catastrophic no-deal Brexit despite last night’s historic vote. I am satisfied that, in and of themselves, the regulations will have little impact on businesses, charities or voluntary bodies, and no significant impact on the public sector.

What assessment, if any, has been made of the new regulatory and bureaucratic burdens that the regulations will place on businesses? I am thinking particularly about small practices. It is worth noting, as others have done, that in its advice to members, the Royal Institute of British Architects has said that Brexit, with or without a deal, will have “far-reaching implications” for the architecture profession and for the built environment sector generally—[Interruption.]

[The Chair]

Order. I am sorry to interrupt the hon. Gentleman. I remind Government Members that it is very discourteous to carry on a prolonged and audible dialogue when another Member is speaking.

[Brendan O'Hara]

Thank you, Mr Bailey; I appreciate that.

The industry is bracing itself for big changes to the rules on freedom of movement and the ability to do business, as well as expecting changes to product and environmental standards in the construction sector, and to the future funding of higher education and research. Surely the Government can see that if Brexit has to happen, it would benefit the UK enormously to become something of a magnet or a destination of choice for young, ambitious, talented and creative people, including architects.

As the hon. Member for Great Grimsby said, we need access to the very best talent and skills, but we hear evidence that the conditions being created by the Government are actually driving skilled EU nationals from our shores. Almost half of EU-born architects say that they have considered quitting the UK, and it would seriously damage the sector if even a small percentage of them did so. The Minister has insisted that the UK will still have access to top European talent, and I would appreciate it if he explained how those two ideas work together.

As I understand it—this was also raised by the hon. Lady—the average annual starting salary for an architect in the UK is around £28,000, which is significantly below the £30,000 that is required to qualify for a tier 2 visa. I fear that it is another example of the Government not quite thinking through the consequences of what is essentially an ideologically driven and self-created set of red lines.

If we have to go through the self-inflicted pain of Brexit, statutory instruments such as this one must be put in place. As I said, we will not oppose the regulations, but I would be grateful if the Minister could answer the questions I have asked, particularly about his view of the UK’s ability to attract, as he described it, the very best European talent. The immigration policy makes it clear that that simply cannot happen.

[Kit Malthouse]

I thank Committee members for reviewing these regulations. I will attempt to answer some of the questions that have been raised.

First, we acknowledge that the regulations are a temporary fix. Having consulted the industry, we have designed the regulations specifically to provide some immediate security and stability to architects who are operating at the moment and to those who might come in the near future. It is our intention to review the situation pretty quickly, but unfortunately I cannot give the Committee a date. Given that such professions are of high standing and that it takes quite a long time to qualify, one would hope that the level of movement in them will not be swift. Nevertheless, we are committed to reviewing the regulations. From conversations with European counterparts, I know that there is a recognition of the steps we are taking with the policy to recognise qualifications, and possibly a desire to reciprocate.

Part of my job is the discovery of all sorts of strange organisations across the world, and there is one, believe it or not, called the European Network of Architects’ Competent Authorities—the ENACA. At a recent meeting, although I gather that no formal decisions were made, a number of other competent authorities in EEA countries recognised what we were doing and were keen to reciprocate, and to continue to recognise UK-qualified architects where feasibly possible. There are moves already—it would be desirable, as in a number of other professional areas—to seek some kind of mutual recognition. We will review the matter, but unfortunately I cannot give hon. Members a date.

We are very mindful of the fact that architecture is a significant industry of great international repute. It builds buildings and designs other structures not just in Europe, but across the world. The Hong Kong floating airport on an island was designed by a British architect, and we seem to specialise in remarkable bridges across the world. There is a lot of stuff that we can do, and we are very keen to preserve that ability. In order to do so, we have been engaging significantly with the industry.

There have been roadshows and roundtables across the country—London, Birmingham, Newcastle and Cambridge, with more planned for Scotland and Northern Ireland—to understand the impact on the industry, and the industry’s readiness for a no-deal situation. Those discussions go beyond the scope of the regulations. We have met specifically with Foster and Partners, Allies and Morrison, and David Chipperfield Architects—three internationally renowned practices that produce work across the world—to discuss the implications for them.

One thing under consideration is the cost to business, which the hon. Gentleman from Scotland raised. There has not been a review of the cost, because we believe that it falls below the £5 million threshold, but the only imposition that we can foresee is a possible slight delay to the recognition of qualifications. However, we do not think that that will be significant, as long as the Architects Registration Board has access to the appropriate paperwork. Given that the regulations place the obligation on the applicant to produce the paperwork from their home country, the speed of approval is fundamentally in their own hands.

[Brendan O'Hara]

Given that I appear to be the Member for the whole of Scotland, I ask the Minister for the whole of England whether any assessment has been done on the impact on microbusinesses—very small businesses and one or two-person companies.