Draft Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024

Douglas Alexander Excerpts

Monday 16th December 2024 General Committees

[The Minister for Trade Policy and Economic Security (Mr Douglas Alexander)]

I beg to move,

That the Committee has considered the draft Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024.

The regulations were laid in draft before the House on 4 November 2024. I draw the Committee’s attention to the correction slip issued in relation to the draft regulations as they were originally laid. It corrects a minor error in the date of the statutory instrument referred to in the explanatory note, and updates a footnote on page 4 to refer to the Welsh statutory instrument that was made on 18 November 2024.

The regulations implement the agreement on the recognition of professional qualifications that was signed by the UK and Switzerland in June 2023. The regulations place a legal duty on UK regulators to recognise comparable Swiss professional qualifications and provide regulators with the necessary legal powers to do so. That ensures a smooth and transparent system for Swiss professionals to have their qualifications recognised, which provides certainty for those wanting to work in the UK. In parallel, Switzerland is passing legislation requiring Swiss regulators to recognise UK qualifications, which means that UK professionals benefit from reduced barriers to working in Switzerland.

The Government are using powers contained in section 3 of the Professional Qualifications Act 2022 to make these regulations. Those powers were first used in December 2023 when the Government implemented the recognition of professional qualifications provisions of the UK’s free trade agreement with Norway, Iceland and Liechtenstein through the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023, which I will refer to as the EEA-EFTA—European economic area-European Free Trade Association—regulations.

The provisions under the Swiss agreement are similar to those in the UK’s free trade agreement with the EEA-EFTA states. These regulations add Switzerland as a specified state to the EEA-EFTA regulations. The Swiss agreement also contains an annex that provides certain Swiss and UK lawyers with a bespoke route to recognition of professional qualifications between Switzerland and the United Kingdom. These regulations amend the EEA-EFTA regulations to implement those additional provisions for Swiss legal professionals.

The regulations will come into force on 1 January when the existing recognition of professional qualifications provisions in the UK-Switzerland citizens’ rights agreement expires. That will ensure continuity in the recognition provisions and a smooth transition between the systems for UK regulators and Swiss professionals.

I will briefly provide details about the regulations. They place a legal duty on regulators to recognise comparable Swiss qualifications. They prescribe the procedure that regulators must follow in recognising Swiss qualifications. They enable regulators to refuse to recognise Swiss professional qualifications where certain conditions are met, such as an applicant having inadequate English language proficiency. They prescribe compensatory measures that regulators can require a Swiss professional to take in certain circumstances, such as completing an adaptation period. They amend sectoral legislation to enable regulators to meet those requirements where they do not currently have the power to do so. They include specific provisions that apply to the regulators of advocates, barristers and solicitors.

Separately, the Department of Health and Social Care has taken forward legislation to regulate anaesthesia associates and physician associates. As regulated professions, they fall in scope of these regulations and the EEA-EFTA regulations. Therefore, these regulations extend the obligation on the regulator of anaesthesia associates and physician associates to comply with both sets of regulations.

I reassure the Committee that, under these regulations, it remains the responsibility of independent regulators to set the standards for their profession and to decide who meets those standards. In accordance with the statutory duty under section 15 of the Professional Qualifications Act, the Department for Business and Trade has carefully consulted regulators about the implementation of the agreement. A formal consultation ran from February to April 2024 and sought regulator views on the implementation, approach and regulations. The respondents were supportive and officials from my Department have engaged with regulators on the feedback received.

The regulations cover professions that are regulated centrally by the UK Government and professions that are regulated at a devolved level by Scotland and Northern Ireland. That approach has been taken after careful consideration and extensive engagement with the devolved Governments. The regulations do not apply to Welsh regulated professions. The Welsh Senedd made regulations implementing the agreement for Welsh regulated professions on 18 November, which will come into force on 1 January 2025.

To conclude, the regulations bring into effect the recognition of professional qualifications system contained in the Swiss agreement. They ensure that the UK is meeting its obligations under international law and provide certainty for regulators and professionals once the provisions in the Swiss citizens’ rights agreement expire at the end of this year. That brings tangible long-term benefits to the United Kingdom, and also means that UK-qualified professionals looking to practise in Switzerland continue to have access to streamlined recognition processes. I commend the regulations to the Committee.

--- Later in debate ---

[Mr Alexander]

The questions one always fears are the short ones that come with no thinking time, but I shall endeavour to answer the hon. Gentleman.

[Greg Smith]

I am getting used to being in opposition.

[Mr Alexander]

Exactly—and I am getting used to the challenges of being in government, as distinct from in opposition.

First, in all seriousness, I thank the hon. Gentleman for what I anticipate will be his support for the measures. He is entirely right to recognise that the work was undertaken under the previous Government and he can rest assured that the lodestar for the incoming Government in the last six months has been continuity where it makes sense in the interests of the United Kingdom economy. In that spirit, I hope that we can find common ground this evening.

As I set out, the regulations implement the UK- Switzerland recognition of professional qualifications agreement and require regulators to operate routes to recognition for comparable Swiss professional qualifications in accordance with that agreement. On the issue of extending mutual recognition, we will take a phased approach to make sure that we avoid the cliff edge that the hon. Gentleman eloquently described.

The hon. Gentleman can rest assured, however, that one of the early negotiations that we have initiated is on a Swiss FTA, which again reflects work that was undertaken under the previous Government. We have looked carefully at the mandate and negotiators have begun that process. When one looks for equivalent countries around the world where there are clear synergies in the character of the economy and the economic opportunities, Switzerland is high on that list. In that sense, whether in relation to the mutual recognition of professional qualifications or other aspects of our regulatory arrangements more broadly, we continue to look carefully at opportunities for UK-Swiss co-operation.

On the date of introduction for the Swiss legislation, I do not have that to hand. As I said, Switzerland is passing legislation to require Swiss regulators to recognise UK qualifications to ensure that the benefits are mutual. I will write to the hon. Gentleman about what we understand the Swiss parliamentary timescale to be.

As I have emphasised, the regulations continue to uphold the principle of regulator autonomy as set out in the Professional Qualifications Act 2022. My officials have also engaged extensively with regulators and the devolved Governments on the implementation. I trust that hon. Members understand and recognise the need for the regulations, as the hon. Gentleman set out, and the benefits that they will bring to the UK services trade. I thank hon. Members and commend the regulations again to the Committee.

Question put and agreed to.