Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

Lord Gardiner of Kimble Excerpts

Wednesday 6th February 2019 Lords Chamber

Moved by

[Lord Gardiner of Kimble]

That the draft Regulations laid before the House on 13 December 2018 be approved.

Relevant document: 13th Report from the Secondary Legislation Scrutiny Committee (Sub-Committee B).

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)]

My Lords, I will speak to both sets of regulations. I would from the outset like to place on record my appreciation of the work of veterinary surgeons. They undertake a wide range of tasks in our country and the profession is widely respected. With two members of my family in the profession, I am well aware of the challenges they face.

These statutory instruments aim to ensure that there will continue to be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation for protecting animal health and welfare for when the UK leaves the EU.

I turn first to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019. In the UK, the veterinary profession and its standards are regulated by the Royal College of Veterinary Surgeons—the RCVS. Since 1966 the Veterinary Surgeons Act has provided a mechanism for veterinary surgeons who have qualified outside the UK to register to practise here. That mechanism, in so far as it applied to EEA and Swiss nationals, was subsequently amended to reflect the requirements of the recognition of professional qualifications directive after it was adopted in 2005.

Part 2 of this statutory instrument will ensure the operability and consistency of the system for registering EEA and Swiss qualified veterinary surgeons after we leave. Under the European system, EEA and Swiss nationals who hold degrees from veterinary schools recognised by the EU are entitled to have those degrees automatically recognised in any member state. When the UK leaves, EEA and Swiss qualified persons who wish to register to practise in the UK will still be able to do so; however, they will have to follow the same process as those who have qualified elsewhere. That process is currently set out in Section 6 of the Veterinary Surgeons Act, and requires that an applicant satisfy the Royal College of Veterinary Surgeons that they have,

“the requisite knowledge and skill”,

to practise in the United Kingdom.

If the RCVS is satisfied that the degree the applicant holds meets this requirement and is equivalent to one from a UK veterinary school, there is no further assessment of their skill and knowledge. The Royal College estimates that a large majority of applicants from the EEA will meet this requirement. If the applicant does not hold such a degree, they must undertake and pass a professional examination administered by the Royal College of Veterinary Surgeons. This would help ensure consistency of approach to the regulation of veterinary standards in the future. These changes do not affect those already registered to practise veterinary surgery in the United Kingdom. Transitional arrangements also ensure that those who are in the process of registering with the RCVS on exit day are entitled to have their application considered under the current rules.

Part 3 of this statutory instrument makes a minor technical amendment to Section 29 of the Animal Welfare Act 2006. Section 29 currently provides inspectors in England and Wales with a power to enter premises to check compliance with the Welfare of Farmed Animals Regulations. Inspectors are appointed by local authorities, Welsh Ministers or the Secretary of State. This technical amendment ensures that that power of entry will continue to be available after exit day.

I turn now to the Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. This statutory instrument will ensure that the system for recognising farriery qualifications continues to function effectively after the UK leaves. This statutory instrument also amends Section 64A of, and Schedule 3 to, the Animal Health Act 1981, as well as three exemption orders under the Veterinary Surgeons Act, to ensure the operability of these pieces of legislation after EU exit.

In Great Britain, since 1975, farriers have been regulated by the Farriers Registration Council under the Farriers (Registration) Act. Interestingly, farriery is not currently regulated in Northern Ireland. Under the European system, EEA and Swiss nationals who hold farriery qualifications, or who have certificates attesting to their experience, are entitled to have those qualifications or that experience recognised in any member state. Part 1 of this statutory instrument will seek to ensure consistency of professional standards by proposing to use the same system for recognising the qualifications of farriers from the EEA as that used for farriers from the rest of the world. This means that those farriers whose qualifications and training are not equivalent to the UK standards, but who have two or more years of professional experience as a farrier, will need to undertake a professional assessment. If they have less than two years of professional experience, they will need to undertake full professional training in the UK, followed by the professional assessment, before being registered to practise in the UK. This will help to ensure consistency across the profession and will help to protect the health and welfare of horses.

We have of course discussed these proposals with the Farriers Registration Council, which is content with them. I emphasise again that these amendments do not affect the rights of those already registered to practise farriery in the United Kingdom.

I come to the powers of entry under the Animal Health Act. Part 3 of this statutory instrument makes technical changes to the Animal Health Act 1981 to ensure its operability. The amendment to Section 64A ensures that, where local authority inspectors in Great Britain currently have a power of entry and check compliance with certain legislation, that power will remain available to them after exit day. The relevant legislation includes orders regarding cattle and equine identification, vaccination in the event of avian influenza or foot and mouth disease, and the monitoring of zoonotic disease.

A further operability amendment, to Schedule 3, removes an EU obligation which will no longer apply after the UK leaves the EU, as the relevant authority will already need to be satisfied that adequate measures are in place to prevent any risk of the spread of foot and mouth disease before it can decide not to slaughter susceptible animals. This is a technical change and I emphasise that we will of course continue to co-operate with our friends and colleagues in the EU on disease control in the future. Disease does not respect borders and boundaries, and we must continue to collaborate and work together.

Three exemption orders under the Veterinary Surgeons Act 1966 all currently permit specific minor veterinary surgery procedures to be carried out in the UK by persons other than veterinary surgeons, provided that they have successfully undertaken an “approved course”. In the UK, before a UK course can be approved, the Secretary of State, rightly, must consult with the Royal College of Veterinary Surgeons. As a member of the EU we were required to recognise any training undertaken in an EEA country which would allow a person to carry out that procedure there. There is no EU minimum standard for such training, no requirement that the member state in question must consult their equivalent to the RCVS and, importantly, no guarantee that the course is of the same standard as those undertaken in the UK. In the future, it will be for the Secretary of State and in some circumstances DAERA—as the responsible authority in Northern Ireland—to decide whether any non-UK course meets the appropriate standard, to ensure that there is more rigour. This will help maintain high standards of animal health and welfare in the UK.

These statutory instruments aim to ensure that there will be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation that protects animal health and welfare when the UK leaves the EU.

[Lord Trees (CB)]

My Lords, I am delighted to speak on the veterinary surgeons and animal welfare regulations and I strongly support them. We are all well aware that there is some division on whether Brexit is a good or bad thing, but I respectfully suggest that this consequence of Brexit, this SI, is a good thing. It will help to ensure high standards of animal health and welfare and, most importantly, protect the public, which is the purpose of professional regulation.

Up to now, the Royal College of Veterinary Surgeons has had the power to ensure that all those whom it admits to its register to become members of the Royal College, which is the legal requirement to practise in the UK, meet certain quality assurance standards. In particular, they have to have been trained in a professionally accredited institution. This applies to all graduates of every vet school in the world, including the UK, except those from EU member states. By virtue of EU law, all graduates of any institution recognised by the member state Government have to be automatically granted admission to the register of the Royal College of Veterinary Surgeons, whether or not that institution has been subject to a professional accreditation process. This SI will eliminate that anomaly.

There is an accreditation process in Europe, run by the European Association of Establishments for Veterinary Education, or EAEVE. Under the SI, the RCVS will be able to acknowledge graduates of EAEVE-accredited schools as meeting the RCVS quality assurance standards, thus admitting them to membership of the Royal College—and it has committed to this. However, a minority of vet schools in Europe have not been EAEVE accredited; they have either submitted and failed, or have not submitted to the accreditation process. For the first time, graduates of such schools will not be automatically admitted to the Royal College of Veterinary Surgeons register. They will have an alternative route, which is currently used by graduates of many vet schools throughout the world: namely, sitting the statutory examinations of the Royal College of Veterinary Surgeons. I would submit that all this is eminently consistent and fair.

There is a small downside. Currently, about 13% of EU vets admitted to the MRCVS register are from EU schools which are not professionally accredited in any way. Therefore, this SI may slightly reduce the number of vets able to work here. I submit that that is a small but worthwhile price to pay to assure the public that any MRCVS vet meets proper professional quality assurance standards. We face a shortage of vets in the UK and that is likely to be exacerbated by Brexit. However, lowering standards is not the way to respond to this. A new graduate stream of vets from the University of Surrey will enter our labour market this summer and a new vet school in the Midlands is planned at the Universities of Keele and Harper Adams. In the immediate future, the solution to our workforce shortage is to facilitate the employment of vets from EU or global institutions which are accredited to the satisfaction of the RCVS. Those vets are available and keen to come to work here. The Home Office needs to enable and facilitate that, and a first major step would be to restore vets to the shortage occupation list.

In summary, I strongly support this regulation. It will remove an anomaly, strengthen animal health and welfare and strengthen the assurance of the public.

--- Later in debate ---

Finally, I refer to the new role of certification support officer. This has already been mentioned by the noble Baroness, Lady Parminter. I understand that the RCVS has approved this initiative from the APHA that certain administrative tasks can be undertaken by CSOs to reduce the burden on overstretched vets. While this further underlines the need for the veterinary profession to be on the shortage occupation list, it also brings up another point to be recognised. As I understand the role, about which the noble Baroness, Lady Parminter, has raised certain other concerns, the overall risks of the veterinary function remains with the vet, any partners and the business concerned. If the Minister confirms that I am correct, that will underline the need to monitor outcomes closely so that the department is clear whether this is a good initiative and whether it would be only a temporary scheme pending longer-term solutions.

[Lord Gardiner of Kimble]

My Lords, I thank all noble Lords for their considerable contributions to this debate. We are all extremely fortunate to have heard such a powerful speech from the noble Lord, Lord Trees, who obviously comes to this House with unique expertise and knowledge of the veterinary profession. He quite rightly referred to high standards and protecting the public. I want to add, and have written here, that it is also about protecting the animals.

As I do not have any horses now, I probably do not have to declare the points that the noble and learned Lord, Lord Hope, referred to about the use of a vet and a farrier, but we have all raised the importance of those professions. Again, I acknowledge the contribution of veterinary surgeons and farriers, who do so much to ensure high levels of animal health and welfare—and indeed, from the veterinary point of view, the protection of public health and food safety, and facilitating international trade. On behalf of the Government, I sincerely thank them all for the great work they do. I was very struck by my noble friend Lady Morris of Bolton’s intervention as well: the veterinary surgeon profession is, as I said in my opening remarks, overwhelmingly respected. I am afraid to say that, over time, we have seen many professions lose that reputation. So many vets are ambassadors for enhancing animal health and welfare.

A number of questions were a little detailed. In particular, I might need to write to the noble Lord, Lord Grantchester, on the more intricate details of his request. I understand what the noble and learned Lord, Lord Hope of Craighead, said about the merits of annexe B. When I find SIs particularly impenetrable, the Explanatory Memorandum usually takes me back to an English version, but I will again take back and reflect on what was said about annexe B in the earlier SI being a helpful way forward.

On operability, where degrees meet our high standards due to having equivalent curriculum and training, holders of those degrees will be registered to practise. I think 87% of the EEA and Swiss nationals are unlikely to notice any changes at all, but a small number of cases have been highlighted where that will not be the case. It is right, as the noble Lord, Lord Trees, said, that those who do not have the standard of qualification should, if necessary, sit a statutory examination to prove that they can practise safely and effectively the UK. That will not affect anyone who is currently here or, as I said in my opening remarks, anyone during a transition period.

The noble Lord, Lord Grantchester, referred to mutual recognition. Indeed, the noble Baroness, Lady Parminter, referred to the great work our vets, doctors and so many people do around the world by way of support and so forth. UK nationals wishing to practise veterinary surgery in the EEA after we leave will be subject to the rules of the individual member state where they wish to practise. Although I would very much like to have vets who trained here remain here, I also understand the global reach so many of them have by going back to countries where that training is of benefit.

Almost all noble Lords mentioned veterinary surgeon shortages. The noble Lord, Lord Trees, rightly referred to the intake from Surrey and what we look forward to from Keele and Harper Adams. I assure your Lordships that Defra provided evidence to the Migration Advisory Committee strongly supporting the return of veterinary surgeons to the shortage occupation list. The MAC is due to report in spring this year.

The noble Baroness, Lady Parminter, raised the issue of official veterinarians and certification support officers. The Animal and Plant Health Agency launched a new role of certification support officer. It is designed to provide administrative support to official veterinarians, for the processing of export health certificates. The CSOs will work under close supervision of the official veterinarian so that they can continue to maintain high standards for the products we export. This will ensure that we use the valuable time of official vets more efficiently, to focus on the final assurance required to authorise and sign the EHC. As the noble Lord, Lord Grantchester, rightly said, this role was approved by the RCVS last November. There are clearly a number of preparatory and administrative aspects to issuing export health certificates—such as checking documents, identifying products or sealing containers—that a CSO can perform. We have consulted the RCVS and the BVA. The entry qualifications and curriculum have been adjusted in response to their comments, and the BVA has asked for these to be kept under review.