Farriers (Registration) Bill

Earl of Caithness Excerpts

2nd reading (Hansard): House of Lords
Thursday 6th April 2017 Lords Chamber

Moved by

[The Earl of Caithness]

That the Bill be now read a second time.

[The Earl of Caithness (Con)]

My Lords, as we all know, it is extremely difficult to get a Private Member’s Bill through another place, so I am very happy to congratulate my honourable friend for Gower, Byron Davies, on the excellent work he did in getting the Bill through all its stages in the Commons and to congratulate the Government on helping it get this far.

The purpose of the Bill is to:

“Make provision about the constitution of the Farriers Registration Council”—


which I will call the FRC—“and its committees”. The FRC is the regulatory body for the farrier profession in Great Britain. Its statutory responsibilities are provided for by the Farriers (Registration) Act 1975 and include maintaining a register of farriers, determining who is eligible for registration and regulating farriery training. Further, the FRC investigates and, where necessary, determines disciplinary cases through its statutory investigating committee and disciplinary committee—and there is the rub and the mischief that leads to the Bill.

For those who are following the Bill, I am grateful to the Government for the help they gave me in producing the Explanatory Notes, which go into some detail. I will take the House very briefly through the Bill. At the beginning, I underline that the FRC is not a trade union but a regulating body. As such, it has to have an up-to-date constitution. As we all know, our noble friend Lord Bew reported in September last year. He set out the danger of regulatory capture, where a profession exercises undue influence over a regulator. The whole point of the Bill is to ensure the good name of farriery for the future.

There are three organisations involved. There is the FRC, but there is also the Worshipful Company of Farriers, which sets professional standards and qualifications on a worldwide basis. People from all over the world use its standards. The British Farriers and Blacksmiths Association is the trade association. They all work in harmony for the benefit of the profession, by and large. Inevitably, there are some tensions—but that is good for a regulatory body as it keeps it up to the mark.

The Bill has three clauses. The first introduces the schedule and the second gives power to the Secretary of State for Environment, Food and Rural Affairs to make further changes to the constitution of the council and its committees through regulations. That is a significant change. At the moment, everything has to be done by primary legislation, which is why we have the Bill before us today. The third clause gives the extent, commencement and short title of the Bill. The Bill extends to England, Wales and Scotland.

The schedule is also in three parts. The first part relates to the constitution of the FRC, and the number remains at 16. What is new is that in future the appointment of a member of the council will be for a term of four years, and somebody can serve for only two terms. That is a step forward, bringing the legislation into line with other regulatory bodies. Parts 2 and 3 of the schedule deal with the constitution of the investigating committee and the disciplinary committee. This is where we get the separation of powers from where the regulatory body, the FRC, to date has been judge and jury in its own case to where you now have the regulatory body and then separate investigatory and disciplinary bodies. That is normal procedure. It is for the benefit of not only the profession but of everybody who owns a horse, and for public confidence in the profession.

To return to the constitution, it is worth pointing out that the council will consist of three persons appointed by the Worshipful Company of Farriers, one of whom must now be a farrier—and there are lots of farriers within the worshipful company; four practising farriers, an appointment made in accordance with the scheme made by the council; two registered persons appointed by the National Association of Farriers, Blacksmiths and Agricultural Engineers; two veterinary surgeons appointed by the Royal College of Veterinary Surgeons; and one lay person from each of five outside bodies. I put it to your Lordships that this is hugely important because it includes bodies such as the British Horseracing Authority and the British Equestrian Federation, which are looking at the health of horses as a whole.

I ask noble Lords to give the Bill a Second Reading. This is an important, almost unique opportunity, given what is before us in the next two Sessions of Parliament, for us to get the Bill on to the statute book. I commend the Bill and I beg to move.

--- Later in debate ---

[The Earl of Caithness]

My Lords, I am grateful to all noble Lords who have taken part in the debate. It is with sadness that I have to say that my noble friend Lord Shrewsbury, who had his name down to speak, and would have been a great asset to our debate given his knowledge of the horse industry, clearly spread a plate before coming under starter’s orders. But I know that he fully supports the Bill as it stands.

I am grateful to the noble Lord, Lord Addington, but I think he painted a gloomy picture of the real situation. I thought it was a little negative. If we go back to the consultation exercise and look at the question on the mix of registered farriers to lay persons, 67% of the respondents thought that the current mix was right. On another question, 67% of respondents thought that the chairman should continue to be appointed by the WCF. The Government agreed that initially and said that the status quo must remain, but they have moved significantly. I think that they are probably right to have done so; they have shown a willingness to listen.

I thank the noble Baroness, Lady Jones of Whitchurch, for supporting the Bill. It is quite right that such a Bill should go out of this House with unanimous support, as a message to all. To my noble friend the Minister, I thank him for his support and time. He was absolutely right to say no foot, no horse—and don’t I know how difficult it is to get shod when one has poor feet. I can at least say that my feet hurt, but the poor horse cannot. Therefore, we rely very much on the skills of the farriers, to which the noble Lord, Lord Addington, drew our attention.

This Bill does not need any more rasping. I believe that we can clinch it and get it well shod. I wish all noble Lords a very happy Easter and thank the Government for making time for this Bill. I beg to move.

Bill read a second time and committed to a Committee of the Whole House.

Farriers (Registration) Bill

Earl of Caithness Excerpts

Order of Commitment discharged (Hansard): House of Lords
Wednesday 26th April 2017 Lords Chamber

Moved by

[The Earl of Caithness]

That the order of commitment be discharged.

[The Earl of Caithness (Con)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

[Lord Tyler (LD)]

My Lords, I wonder whether it would be appropriate for me to ask a question of the noble Earl, and indeed of the Minister. I wonder whether either of them have seen the report—published today, as I understand it—by the Delegated Powers and Regulatory Reform Committee, referring to some important aspects of this particular Bill, which of course has been looked at literally only today by that committee, on which I serve. There are aspects that raise the controversial issues of the Henry VIII clause. The Government originally supported the Bill and produced a Memorandum for the Committee about these matters on behalf of the noble Earl and the Bill’s promoters in the other House.

These questions raise important issues about executive expediency. We all recognise that at this stage of a Parliament it is extremely important to complete the business that is before both Houses, but I believe, and I think Members of your Lordships’ House will agree with me, that we should not do it simply for the expediency of the Executive. If there are matters that are of concern to this House about the way in which secondary legislation following from the Bill is to be handled by Parliament, we in this House are duty-bound to ask those questions. It would be wrong, simply because we are faced with an early general election or indeed the end of a Session, simply to fast-track legislation without proper regard to these issues of scrutiny. I am sure the noble Earl would agree with me, as he is a strong protagonist for the responsibilities of this House.

I wonder whether the noble Earl and the Minister will now be in a position to comment on the important qualifications that have been brought forward by the Delegated Powers and Regulatory Reform Committee to your Lordships’ House today on the issue of secondary legislation. It is not immediately apparent why the promoters of the Bill, and indeed the Government, did not use the LRO procedure, which would have been more appropriate. It would have meant that we had proper scrutiny of the secondary legislation that follows from the Bill.

I am sure other Members of your Lordships’ House will agree with me that we should not simply be accelerating procedures for the convenience of the Government. What we should be doing is our duty in terms of proper scrutiny. In that respect, I hope both the noble Earl and the Minister will agree that proper regard should be paid to the committee’s concerns.

[The Earl of Caithness]

My Lords, I am grateful for the intervention from the noble Lord, Lord Tyler. This Bill is not for the benefit of the Government; it is for the benefit of the farriers and updating the law.

I am aware of the report. I have not had time to discuss it with the Minister, but I plan to do so immediately this Motion has been agreed because I think it right and proper that I should do so. Had we had sight of the report earlier, I would have been able to see the Minister before now, and I apologise to the House for not having been able to. However, I shall do so immediately after this.

[Lord Grocott (Lab)]

Bearing in mind that the noble Earl is now looking to an accelerated Committee stage for his Private Member’s Bill, I remind him of the Committee stage of the abolition of by-elections for hereditary Peers Bill at whose Committee stage, where it was supported widely across the House, he and one of his noble colleagues decided to table some 30 amendments in order to prevent the further passage of that Bill. I wonder whether, when I introduce a similar Bill in the next Session of Parliament, he will afford the same courtesy of a rapid passage of the Committee stage to the hereditary Peers abolition of by-elections Bill as appears to be being afforded to him today.

[Noble Lords]

Answer!

[The Earl of Caithness]

My Lords, I am grateful to the noble Lord for not tabling amendments to this Bill.

Motion agreed.