Professional Qualifications Bill [HL]

Lord Duncan of Springbank Excerpts

2nd reading
Tuesday 25th May 2021 Lords Chamber

[Baroness Meacher (CB)]

My Lords, it is a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. This is an important Bill. Having lost the EU framework, we clearly need robust processes for the recognition of professional qualifications and experience gained overseas. In particular, it will be important to ensure that we are able to maintain standards across our professions.

The issue I want to flag up today relates to the wholesale delegation of powers in this Bill, to which many noble Lords have already referred. I am prompted to speak having read the Delegated Powers and Regulatory Reform Committee’s counsel’s opinion and the government memorandum on the Bill. I emphasise, however, as a member of the committee, that we have not yet discussed the Bill—we are actually discussing it tomorrow. I am therefore speaking in a personal capacity rather than in any way representing the views of the DPRRC. I know that if we want to propose amendments in Committee, it is etiquette in this House to flag up one’s concerns at Second Reading, hence my short—I emphasise short—contribution today.

I realise that to write into the Bill precise detail relating to 160 professions and more than 50 regulators would indeed present problems, as several noble Lords have said. The issue is whether there is sufficient detail to enable Parliament to scrutinise the proposals and ensure that standards are adequately safeguarded in future.

As the Government’s memorandum says, “with some exceptions, the substantive changes to the law envisaged by this Bill will be made through delegated powers rather than the Bill itself”. That is not some peripheral detail, it refers to the substantive changes. Those delegated powers are Henry VIII powers. They enable Ministers to change laws through regulations—which, as we know, do not provide for the level of parliamentary scrutiny applied to Bills. There are two important conditions set out in Clause 1, which, I emphasise, limit the delegated powers to an important degree. These are indeed welcome—the question is whether they are sufficient.

One of the conditions is that the relevant regulator for any profession must be satisfied that the overseas qualifications or experience demonstrate “substantially the same” standard as is demonstrated by the relevant UK qualification or experiences. How does the regulator do that? What is meant by “substantially the same”? That is crucial. We do not want a drop in standards. Would it be wise to include in the Bill a provision that holders of overseas qualifications will be required to undertake appropriate assessments to demonstrate parity of their qualifications and the UK equivalent? It would then be left to regulations to modify that requirement where appropriate. That feels to me to be the way round, with a general principle that regulations might modify and Parliament could have a debate about it, at any rate. It may also be appropriate to include in the Bill a provision that candidates will generally be required to undertake an assessment of their character and suitability for the profession in question.

Another point we may want to pick up in Committee, as mentioned by my noble friend Lady Watkins of Tavistock, is the lack of any reference in the Bill to the quality of English of a holder of an overseas qualification. In some professions, that is fundamental. For example, I worked in mental health for many years—try speaking to a psychotherapist, or a therapist of any kind, who is struggling with their English. Other issues will be proof of identity and, perhaps, a clear criminal record.

As the Institute and Faculty of Actuaries points out, it will be important that barriers to entry to this country are consistent and not too onerous. We can benefit also from the requirements of the Solicitors Regulation Authority. No doubt its assessment processes will inform debates in Committee and on Report.

The House will want to take note of the Constitution Committee’s comments in its report on the Private International Law (Implementation of Agreements) Act, that it is

“a long-standing convention of the constitution … that outside the exceptional case of making provision for EU law, international legal agreements that make changes to UK law are given domestic force by an Act of Parliament”.

In this context, are the early clauses of this Bill an inappropriate delegation of power?

I do not want to say more at this stage because it would be inappropriate ahead of the DPRRC discussion on the Bill tomorrow, but I hope I have said sufficient in case I want to pursue any of these issues as the Bill progresses through the House.

[The Deputy Speaker (Lord Duncan of Springbank) (Con)]

The next speaker, the noble Baroness, Lady Fox of Buckley, has scratched, so I call the noble Lord, Lord Moylan.