Professional Qualifications Bill [HL]

Lord Hope of Craighead Excerpts

2nd reading
Tuesday 25th May 2021 Lords Chamber

[Lord Hope of Craighead (CB) [V]]

My Lords, it is a pleasure for a lawyer to follow a speech by an actuary. My concern is about the way the Bill will affect the legal profession in Scotland. I must declare an interest as I am a non-practising member of the Faculty of Advocates. At a previous stage of my career, when I was Lord President of the Court of Session, I had some responsibility for the regulation of the solicitors’ profession in Scotland and before that, when I was Dean of the Faculty of Advocates, for the regulation of members of the Scottish Bar.

The new framework which this Bill seeks to create is needed and, in principle, it is to be welcomed. The current interim system for the recognition of professional qualifications and experience from overseas derives from the UK’s membership of the EU, so what we need now is a new framework that will meet the demands for professional services within the UK in the future, which is what Clauses 5 and 6 are about. Qualifications and experience gained outside the UK need to be recognised here where there is a demand that cannot otherwise be met without unreasonable delays and charges. We must be able to implement new international agreements about the recognition of professional qualifications that will enable us to do that. The broad aim of providing regulators with a consistent set of powers that will maintain standards is to be welcomed too.

However, regulation of professions is a complex business. As many noble Lords have said, the Explanatory Notes tell us that there are more than 160 professions in the UK and that they are regulated by a network of more than 50 regulators, and there is a range of other professions that are regulated voluntarily. This is a huge canvas. The noble Lord, Lord Palmer of Childs Hill, was not overstating matters when he referred to icebergs and albatrosses. The centralised systems which this Bill seeks to create will work only if the diversity that exists across the UK is fully respected. I use the plural word “systems” because, while the regulation of architects, auditors and most health professionals, but not social work and social care, is a reserved matter under the devolution systems, the regulation of many others is devolved. The need to recognise diversity does not end there. The variety of regulatory systems across the professions within the devolved Administrations needs to be fully recognised and respected too.

I suggest that consultation with the professions will be essential before the regulation-making powers are exercised. The Bill is remarkably silent about this. There is no mention of consultation anywhere in the Bill, or in the Explanatory Notes either, so far as I can see. I hope that the Minister can explain why that is so. If consultation is expected, why does the Bill not say that consultation is required?

As regulation of the legal professions in Scotland is wholly devolved, the appropriate authority in their case will be Scottish Ministers. It will be for them to decide whether the test which Clause 2(2) sets out is met—that is, to enable demand for legal services to be met without unreasonable delay or charges. That does not seem to be the situation at present. It is difficult to know how readily that test will be met in future in the case of legal services, so we must assume that that matter will arise sooner or later. Annexe A to the Explanatory Notes tells us that a legislative consent Motion will be sought from the Scottish Parliament. I suspect that that is in the future because there has been an election and the Scottish Parliament has only recently resumed its work. So far so good, but we need to be sure how the system that is being created will work for the legal professions in Scotland before that stage is reached.

The Law Society of Scotland already has in place a system of regulations made under the Solicitors (Scotland) Act 1980 for the recognition of international candidates seeking to requalify in Scotland to practise as solicitors. It is likely that they will need some amendment if they are to give full effect to the provisions in Clause 1. The process for amending regulations made under that Act is lengthy, and it requires the concurrence of the Lord President. As I understand the definition in Clause 16, he is a regulator for the purposes of the Bill. One would want to be sure that he would at least be consulted before the power in Clause 3 to implement is exercised, in view of the overriding responsibility that he has over that branch of the legal profession and the highly sensitive nature of this clause, to which the noble Baroness, Lady Noakes, has drawn our attention. Then there is the question of who would be the specified regulator for the purposes of Clause 1. I hope that it would be the Law Society of Scotland itself, which handles the day-to-day detail, not the Lord President, as the other regulator. The provisions in Clauses 8(4) and (5) seem to support this approach. Does the Minister agree with that?

The Faculty of Advocates, to which all practising members of the Scottish Bar must belong, has a different system. Regulation of the faculty is provided for by Section 120 of the Legal Services (Scotland) Act 2010. It states that the Court of Session is responsible for prescribing the criteria for admission to the faculty but that its responsibilities are exercisable on its behalf by the Lord President or the faculty. Here, too, one would want to be sure that this rather complex system is fully respected by the Scottish Minsters before the power in Clause 3 is exercised. Consultation with the Lord President and the faculty must surely be a prerequisite, as they seem to be regulators within the meaning of Clause 16. Here, too, is the question of which of them will be the specified regulator for the purpose of Clause 1. I do not expect the Minister to provide a conclusive answer to that question, although any comment he might feel able to offer would be very welcome, but the Scottish Minsters will certainly have to answer it, and they would be wise to consult before the power is exercised.

I have one or two other short points. I welcome the provisions about the exchange of information in Clause 9, which will be of particular interest to the legal professions in the various jurisdictions in the UK, and the provisions in Clause 10. As for Clause 7, on the assistance centre, it would be helpful if the advice and assistance that is to be provided could be extended to providing information about visa and work permit requirements as well as entry requirements for the profession. Also, as this is to be a UK body, should the devolved Administrations not be consulted on the arrangements that are being made before it is set up? We must assume that at least some referrals for its help and guidance may come from the devolved nations.

Clauses 7(5), 9(4) and 10(7) state that the duty these clauses impose can be taken into account in determining whether any disclosure would breach the Data Protection Act 2018. This, as worded, does not seem to be much of a protection. Would it not be better to say that the existence of that duty is a defence?

Overall, this is a necessary Bill, but I suggest that more thought needs to be given to how it will work in practice.

Professional Qualifications Bill [HL]

Lord Hope of Craighead Excerpts

Committee stage
Wednesday 9th June 2021 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, like others who have spoken, I strongly support these amendments. I am most grateful for the most comprehensive speech by the noble Baroness, Lady Randerson, who laid out clearly what the issues are, both in terms of the constitutional conflict that is in the Bill at the moment, and the consequences of it, and also the consequences for services within Wales. I think these also apply to Scotland, but I should declare an interest as someone who lives and works in Wales—that is the area of my own experience. I ask the Minister to explain quite clearly why the draft of the Bill was given to the Welsh Government only a week before it was published, and why the final version was not seen before it was laid on 12 May. To me, that does not feel like consultation or like any attempt to find a consensus agreement with devolved Administrations at all.

There is a concern that the skills shortages are being linked to the trade policy agenda, and how the new obligations on regulators could be moved and adjusted because they are driven by some trade policy, rather than by the need to ensure that we have safe and effective high-standard services for people within our nation. Although Clause 14 confers regulation-making powers on the appropriate national authority, these are exercisable only concurrently with the Secretary of State and Lord Chancellor. That seems to make it possible that the Secretary of State or Lord Chancellor could legislate in devolved areas and would not be required to obtain the Minister’s consent to those regulations. I understand that the Minister stated in a letter that these powers would not normally be used, but the problem is that once this is in legislation, such assurances do not carry any weight at all, and they are not binding on this or any subsequent UK Government. So it would seem that there are really serious risks, as the noble Lord, Lord Bruce of Bennachie, outlined.

In the event that there needs to be regulatory compromise in the interests of trade—I cannot think of a specific example, but I see the confusion and conflict between these two areas—will the Minister confirm that any such regulatory compromise will be notified to Parliament, to ensure that there is parliamentary accountability for any pressure put on to compromise any standards? We have heard in this debate already about the importance of common frameworks, but I will finish by advocating that the Government look very carefully at these amendments and make sure that they do not drive a further wedge between the four nations, because the consequences really do not bear thinking about. I certainly agree with those who say that they create an additional threat to the cohesiveness of the union.

[Lord Hope of Craighead (CB)]

My Lords, the Minister assured the House earlier this afternoon that the autonomy of the regulators would be respected. I am sure we all take the Minister’s assurance at face value and fully understand what he is getting at, but one of the many problems that lurks within the Bill and the wide regulation-making power it creates is the risk of causing collateral damage by careless or inadvertent wording or insufficient research before the power is exercised. As I said at Second Reading, the centralised systems that the Bill seeks to create will work only if the diversity that exists across the United Kingdom is fully respected. That is especially true where the devolved Administrations are concerned.

My own experience is confined to the systems for regulation of the legal profession in Scotland, but it is a guide to how the regulatory systems among the professions may differ from each other. In my cases, they involve not just one but two regulators working together, and there are different systems for the two branches of the legal profession in Scotland. For the Law Society of Scotland, which regulates solicitors, it is the society itself, working together with the Lord President of the Court of Session. For the Faculty of Advocates, it is the Court of Session itself, whose functions are then delegated to the Lord President of the faculty. The message that these two examples conveys is that it cannot be assumed that the regulatory systems that currently exist are alike in all cases, or even in most, so great care is needed to ensure that what is being done fits the requirements and practices of the profession that is being regulated.

This brings me to Amendments 13, 24, 35 and 40, in the name of the noble Baroness, Lady McIntosh, to which I have added my name. The point that each of these amendments is making is that prior consultation with the devolved Administrations and the regulators is essential before the regulation-making powers in Clauses 1(4), 3(3) and 5(2) are exercised. I shall say a little more about each of these subsections.

Clause 1(4), which is about providing for individuals with overseas experience and qualifications to be treated as having UK qualifications, really has to be read with Clause 1(5), which sets out a list of the many provisions that may be made in the exercise of the Clause 1 power. They are very wide-ranging. Paragraphs (f) and (g) in the list are of particular concern, as they are so wide in their scope. The words “guidance” in (f) and “other duties” in (g), which are not otherwise qualified, leave a huge amount to the discretion of the national authority.

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[Baroness Noakes (Con)]

My Lords, I will be brief. The requirement in these amendments for regulations to be published in draft form and consulted on is sensible, for the reasons that the noble Baroness has given. I just do not see why they are confined to this so-called priority list, because any profession that could be brought within the ambit of Clause 1 or Clause 3 should be treated in the same way. While we can sympathise with the medical professions and vets being priority groups over such mundane things as auditors and farriers, in practice any profession that might be impacted by these sorts of regulations, and could therefore have its standards impacted, ought to be covered in a consultation process.

I do not think the consultation process, as drafted in these amendments, should be confined to the regulators, because it is not just the regulators themselves that would be impacted by any regulations made under these clauses; so would the professionals operating in those regulated professions and all the other groups affected by them. I support consultation being in the Bill because of the unusual nature of the powers the Bill is taking, but I do not think it should be confined to the so-called priority groups.

[Lord Hope of Craighead (CB)]

My Lords, I have added my name to Amendment 27, which is principally in the name of the noble Baroness, Lady Hayter of Kentish Town. There is a lot to be said in this particularly obscure Bill for the publication of regulations in advance of their being made, so that people can see them in draft and consider them before they take effect. Regulators themselves would of course be consulted if this amendment is passed, but publication gives the opportunity for the wider public to scrutinise them, and no doubt inform this House and the other place, before the crucial point comes when the regulations are made. So I support this particular amendment.

There is a lot of force in the point just made by the noble Baroness, Lady Noakes, that to confine this provision to the priority professions perhaps misses the point. Perhaps there should be a requirement across the board. There are other important professions that are not in this list. I am not claiming this particularly for the legal profession, as there are certainly other professions that are absent from this list, given the enormously long list of people who are within the purview of this Bill. The amendment may be a starting point but, for what it is worth, I support it.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, it is a pleasure to follow the noble and learned Lord. I put my name to these amendments because I regard full and transparent consultation as very important. At its heart, the integrity and independence of our regulators is at stake. The problem is that the Bill gives far too many powers to Ministers. In the previous debate the Minister said that future trade agreements will not compromise standards. I wonder what our farmers and fishers think of that. We know that the Government are desperate for trade deals and that they have a track record of carelessness about their details. Clause 3 gives Ministers a completely free hand when it comes to trade agreements.

This debate is also set in the context of the independence of health regulators and fears that it may be compromised. Earlier, the noble Lord, Lord Purvis, made a cogent analysis of the interrelationship, or lack of it, between this Bill and the current extensive consultation by the Department of Health and Social Care on the reform of the health regulatory bodies. Those proposals are extensive and, as suggested by the noble Lord, Lord Purvis, give extensive powers to each regulator to streamline its own processes. I support that, because the public will benefit from more streamlined approaches to fitness to practise, which will deal with issues more quickly.

However, alongside this, it is widely expected that the forthcoming NHS Bill announced in the Queen’s Speech will contain extensive provisions on the very same regulatory bodies in health that we are talking about today. One provision will be to allow Ministers, by regulation, to abolish a regulator and establish others. I have huge reservations about this, because surely it puts their independence at risk if, on a whim, a Minister can get rid of a regulator that they do not like. When you put that prospect together with this Bill, alarm bells start to ring. Consultation is not everything, but it is a safeguard. My noble friend’s amendment would provide one such safeguard that I believe we need.

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[Lord Foulkes of Cumnock (Lab Co-op)]

My Lords, Amendment 23 in my name deletes Clause 3(2)(c), which provides regulations under this clause and relates to the charging of fees. That is at odds with the terms of Section 31(4) of the European Union (Future Relationship) Act 2020, which provides that no fees should be charged. That Act does not allow for the imposition of fees in regulations designed to implement the trade and co-operation agreement. So this is a probing amendment that gives the Government the opportunity to explain why they have a completely different approach in the Professional Qualifications Bill from that in the future relationship Act. I look forward to hearing how the Minister can explain that away.

Amendment 47 has also been signed by the noble and learned Lord, Lord Hope, who will be much better at explaining it than I could ever be.

[Lord Hope of Craighead (CB)]

I am very grateful for that invitation but before I get to the amendment tabled by the noble Lord, Lord Foulkes, I support what the noble Baroness, Lady McIntosh, has said in support of Amendment 16 about the need for

“reciprocal arrangements with other jurisdictions, including individual Member States of the European Union, for those with UK qualifications”.

This amendment is of particular interest to the legal professions in this country, in view of the achievements that were made right across the board in all three jurisdictions—Northern Ireland, Scotland and England and Wales—in that respect while we were in the EU.

I am quite sure that the professions do not want to lose the benefit which those arrangements were able to achieve. There is a gap here that the trade and co-operation agreement with the EU has left unfilled. Amendment 16 goes some way to addressing and filling the gap in the interests of those who would like to benefit from the kind of arrangements we previously had under the European Union.

Coming to Amendment 47 in the name of noble Lord, Lord Foulkes, it seeks to clarify the provision in Clause 9(4) about the risk that the duty of a regulator to provide information may contravene the data protection legislation. The same point arises in Clause 10(7), which is the subject of another amendment by the noble Lord, Amendment 50. Unfortunately, it is not in this group but will arise later on. Perhaps one is addressing the same point this evening. It also arises in regard to Clause 7(5), which raises exactly the same point. The Minister will appreciate that one is dealing here with a duty to disclose information. It begs the questions: first, does it breach any restriction under rules or contract, for example, or, secondly, does it breach the data protection legislation?

Concentrating on Clause 9, its structure is really quite interesting because it provides the duty in its subsection (2). It is a duty to provide

“any information … that is held by the first regulator … that relates to the individual”

and

“that … is requested by the second regulator.”

Then we come to its subsection (3), which says:

“A disclosure of information under this section does not breach … any obligation of confidence owed by the first regulator, or … any other restriction on the disclosure of information (however imposed).”


Those words are perfectly clear. They provide a complete answer—a complete defence—to a claim for breach of contract or a claim that the rules have been breached. For example, if I objected to the information being released by the first regulator that related to me on the ground that I had entered into a contract preventing the release of that information, I would simply be deprived of my contractual right to complain, because that is exactly what subsection (3) says.

The problem is subsection (4) which says:

“Nothing in this section requires the making of a disclosure which contravenes the data protection legislation”.


If that subsection had said that no disclosure which contravenes the data protection legislation shall be made, or words to the same effect, it would mean that, despite the firm duty in the earlier part of the clause, one was simply not required to disclose anything which would breach the data protection legislation. However, it does not say that; it just says that nothing requires you to do it.

Professional Qualifications Bill [HL]

Lord Hope of Craighead Excerpts

Committee stage
Tuesday 22nd June 2021 Lords Chamber

I will not comment further on the list issue, because a lot has already been said very competently by other speakers, particularly by the noble Baronesses, Lady Noakes and Lady Hayter, and the noble Lord, Lord Purvis. I will not add to that, but there is a problem, which we may discuss in a later amendment about the list.

[Lord Hope of Craighead (CB) [V]]

My Lords, it is a pleasure to follow my noble friend Lord Patel. I too wish to support all the amendments in this group, but I shall particularly mention Amendments 45 and 46, in the name of the noble Baroness, Lady Noakes. I like these amendments because they are directed precisely to an issue which affects two of the regulatory functions that I had when I was Lord President of the Court of Session in Scotland, as I mentioned at Second Reading.

The word “regulator” is defined in Clause 16 as meaning a

“a person having functions under legislation that relate to the regulation of the profession in the United Kingdom”—

a broad definition. The Lord President is such a person. But he does not exercise those functions on his own. His function, in essence, is to supervise or oversee the other regulator which in each case is the professional body itself. The definition does not draw that distinction, but it is relevant to what Clauses 8 and 9 require the regulators to do. The information to which Clause 8 refers is held by the professional bodies, not by the Lord President.

Amendment 45 addresses itself exactly to the function that the Lord President can perform, which is to ensure that the professional body does what Clause 8 requires. That makes very good sense. There is no need for him to duplicate what the professional bodies are asked to do—which, if the Bill remains as it is, would be its effect. All that is needed is to identify what the Lord President should do as overseer to ensure that the information is made available. The same is true as regards Clause 9. Here too duplication of what the professional body is being asked to do is unnecessary. What Amendment 46 requires of the Lord President is just the kind of thing that he does frequently throughout the year to ensure that the professional body is doing what it is required to do.

For these reasons, I am grateful—indeed very grateful —to the noble Baroness for bringing these amendments forward. I do not need to comment, for the reasons that the noble Lord, Lord Patel, gave, on Amendments 63 and 68. I hope that the Minister will recognise that the amendments to which I have been speaking make very good sense and will improve the Bill, which in its present form is, for reasons I have hinted at, highly unsatisfactory. I hope that he will feel able to accept them.

[Lord Davies of Brixton (Lab) [V]]

My Lords, I declare my interest as a member of a profession, as listed in the register of interests. I support Amendment 63, tabled by my noble friend Lady Hayter. It is entirely reasonable that it should be clear to which professions this legislation should apply—in addition to architects, who get their own bit in the Bill—so I commend my noble friend’s diligent work.

However, I have a question about what counts as a regulated profession. I know this issue comes up under Clause 16, but it is clearly important in the context of the amendment. Clause 16 tells us that

“‘regulated profession’ means a profession that is regulated by law in the United Kingdom”

and draws our attention to Clause 16(3), which says:

“For the purposes of this Act, a profession is regulated by law in the United Kingdom … if by reason of legislation … individuals are entitled to practise the profession in the United Kingdom … or … individuals are entitled to practise the profession in the United Kingdom, or in that part of it, only if … they have certain qualifications or experience, or … they meet an alternative condition or requirement.”


All that tells us, in effect, is that a regulated profession is a profession that is regulated by law. I find this difficult without a comprehensive index of all the legislation that might be caught by that definition, particularly given the open-ended Clause 16(3)(b)(ii) at the end about meeting

“an alternative condition or requirement”.

So this question is relevant to the amendment. Could the Minister tell us a bit more about what is envisaged might be covered by that part of the definition?

Let us start from the other end. What professions might be covered by the Bill and is there a useful definition that covers them? My noble friend Lady Hayter has helpfully provided us all with a list. The list is interesting in itself, making clear the extraordinary hodge-podge nature of the Bill. Clearly, it is not a list based on a rational assessment of the needs for legal recognition; it is probably a combination of historical accidents. My question is: how do I, other noble Lords and, most relevant, the Government really know which professions are covered by the Bill, given the breadth of the requirement to meet an “alternative condition or requirement”?

How do we know there is not buried somewhere in past legislation a condition or requirement that applies before an individual can practise their profession? I mentioned this issue at Second Reading. Here is an example: there are requirements in the legislation covering both pensions and life insurance that an actuary can sign off on certain statutory reports only if they have been approved by the relevant government Minister—invariably, the Secretary of State. Does that count as regulation? If so, should various Secretaries of State be included in the list of regulators? Perhaps the Minister could address this issue. I do not ambitiously expect an immediate response, but a considered response would be helpful.

Professional Qualifications Bill [HL]

Lord Hope of Craighead Excerpts

Consideration of Commons amendments
Tuesday 5th April 2022 Lords Chamber

[Baroness Bloomfield of Hinton Waldrist (Con)]

My Lords, with the leave of the House, I beg to move that the House do agree with the Commons in their Amendments 1 to 3. In doing so, I will briefly summarise the changes which have been made to the Bill since it was last before your Lordships’ House.

As noble Lords will recall, there has been a great deal of interest in the issues of concurrent powers and devolved competence in relation to this Bill. Before the Bill left this place, my noble friend Lord Grimstone, to whom I am sure the whole House wishes a speedy recovery, committed to continue to engage with his counterparts in the devolved Administrations to persuade them of the merits of the Government’s approach and, in so doing, to try to secure support for legislative consent. Since then, my honourable friend in the other place, the Minister for Small Business, Consumers and Labour Markets, and my noble friend Lord Grimstone, have worked hard to honour that commitment. However, following extensive discussions at both ministerial and official level, it has proved impossible to secure that agreement. It is therefore with great regret that the UK Government will be legislating without the consent of the devolved legislatures.

The Government’s preferred approach throughout has always been to secure legislative consent Motions. Although the UK Government are disappointed with this outcome, we are satisfied that all avenues to secure legislative consent have been exhausted. The UK Government have been consistently clear that a consent mechanism, as requested by the devolved Administrations, is not appropriate for this Bill, but the amendments tabled unconditionally in the other place look to provide reassurances and address DA concerns.

The UK Government cannot agree to the insertion of a duty to obtain consent, as this could give rise to a risk that the UK Government would not be able to implement provisions in international agreements on recognition of professional qualifications promptly and consistently. This could jeopardise the UK Government’s credibility in securing ambitious provisions to support UK services’ exports with global trade partners.

In October of last year, my noble friend Lord Grimstone made the offer to all three DAs of a legislative commitment to consult with the devolved Administrations before the UK Government make regulations under certain powers in this Bill. That offer was made in exchange for legislative consent but was rejected. Following further discussions, the Government offered two further concessions, in December 2021.

First, we offered an enhanced statutory consultation duty for all the devolved Administrations. This duty includes a requirement to publish a report in advance of any regulations being made by the UK Government which would be within devolved legislative competence. The report should set out the consultation process and whether and how the representations made by the devolved Administrations during the consultation have been taken into account.

Secondly, we offered an amendment to carve out the Bill from the requirements of Schedule 7B of the Government of Wales Act 2006. This amendment would allow for an Act of the Senedd to remove the ability of UK Ministers to make regulations under the Bill in an area of Welsh legislative competence, without the need to first obtain the consent of a Minister of the Crown. The Welsh Government would still be required to consult the UK Government on any removal of powers. This is in line with similar approaches taken by the Government in relation to the Environment Act 2021, the Fisheries Act 2020 and the Agriculture Act 2020. These concessions were also offered to the devolved Administrations in exchange for support for legislative consent Motions from their respective legislatures. However, that offer was also rejected.

Subsequently, my noble friend Lord Grimstone wrote to the devolved Administrations confirming the Government’s intention to table both the concessions unconditionally, despite not securing legislative consent. Although the UK Government have not been able to reach agreement with the devolved Administrations, it is our strong view that this Bill will operate best and in the interests of all the nations of the UK if we work together as collaboratively and transparently as possible. These amendments demonstrate that the UK Government have kept their promise and negotiated in good faith. Moreover, we have always been clear that any regulations the UK Government made in devolved legislative competence would be limited in scope and exceptional and would always be made in consultation with the appropriate devolved Administrations, and I am happy to reiterate that now. I therefore hope your Lordships will agree to both these amendments. I reassure your Lordships that the Government look forward to continuing to work closely with the devolved Administrations across the full range of regulated professions policy and implementation.

Amendment 3 is wholly procedural and removes the privilege amendment made in your Lordships’ House, as is the procedure in these cases. I therefore hope that your Lordships will also agree to this amendment. I beg to move.

[Lord Hope of Craighead (CB)]

My Lords, I join the noble Baroness in expressing good wishes to the noble Lord, Lord Grimstone. I wish him a speedy recovery. It is a matter of great regret that an agreement has not been possible with the devolved Administrations. I know from having listened to the noble Lord, Lord Grimstone, previously how much effort he and his team have put into trying to obtain consent through frequent meetings in Scotland and many discussions. Of course, it turns on the essential difference between consultation and consent, as the noble Baroness explained. It is a shame, because there are aspects of this Bill which affect professional bodies in Scotland, which need to be properly regarded and protected against misadventures as a result of this legislation. I do not think that the devolved Administrations have been acting out of malice or anything like that; it is a matter of principle. That having been said, I would be grateful if the Minister would repeat the point she made that there will be continuing effort as this Bill is being put into effect and regulations are being drafted and so on to maintain contact with the devolved Administrations with all the good will possible, to try to make this legislation work as well as possible in the best interests of all the professional bodies concerned.

[Lord Fox (LD)]

My Lords, I think all in this House would send good wishes to the noble Lord, Lord Grimstone, and wish him a hasty return to the Front Bench opposite. The noble Baroness, Lady Bloomfield, did an excellent job in representing his interests and setting out the extent of the work that has gone on to reach across that devolution gap.

We should welcome the amendments, to some extent. The fact that they have been done unilaterally and without legislative consent is, as the noble and learned Lord, Lord Hope, said, a matter of great regret. It is also not a surprise. If the Bill had been delivered in isolation, the efforts of the noble Lord, Lord Grimstone, and the Minister in the other place might have borne more fruit, but of course it has not been in a vacuum. It has been delivered in an environment where the devolved authorities have successively found their role being usurped in Westminster. I use as examples the then Trade Bill, the then internal market Bill and the Subsidy Control Bill; all are Bills where the Government in London have sought to take over responsibilities that the devolved authorities were clear in their own minds were theirs. As long as this approach goes on, every Bill, like this one, which seeks to get resolution with the devolved authorities will find that difficult if not impossible. The level of distrust has been cranked up exponentially by each successive Bill that we have dealt with in your Lordships’ House over the last 18 months.

I welcome these amendments, but that comes with a plea, because we have to find a way to reach across that gap with the devolved authorities. If we do not achieve that, and if Westminster continues to erode the devolved settlement as it is at the moment, the union is very much under threat—and I think that most if not all of us in this House do not want that to happen. We should urge Her Majesty’s Government to take this as an example and to go back and find better ways in which to re-develop relationships that are clearly breaking down each day with the devolved authorities.