Professional Qualifications Bill [HL]

Lord McNicol of West Kilbride Excerpts

Committee stage
Wednesday 9th June 2021 Lords Chamber

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

My Lords, like the noble Lord, Lord Lansley—who, following the revelations from the noble Baroness, Lady Noakes, I suppose I should now call my noble friend Lord Lansley—I did not participate in the Second Reading debate, as I was not able to be here, unfortunately. I agree with many people who said on that occasion that, although this is not a contentious Bill, it is a very important one. When you think of the number of professional bodies and areas of employment that are being regulated—more than 160—it is really a very important issue. I will come back to that.

However, I have sat through now two and three-quarter hours of what purports to be a Committee stage of the Bill. I must say that it is really a very disappointing and inadequate way of dealing with a Bill. It is not proper consideration when we cannot intervene properly and ask questions when the Minister is speaking and cannot intervene on each other. I would have liked to have intervened on the noble Lord, Lord Purvis. We could have had a dialogue about the Privy Council, of which I am a member. I know nothing about any of these matters because it is all delegated to various committees of the Privy Council. We could have maybe explored that.

There are other issues. The noble Lord’s predecessor in the Chair, the noble Lord, Lord Faulkner of Worcester, was very good and allowed the noble Lord, Lord Lansley, to come in without having to go through the process of emailing the Clerk. I think the noble Lord, Lord Purvis, managed to whisper in the Clerk’s ear. It is excellent that there is some flexibility, but it ought to be more flexible. We ought to have a proper Committee stage. The interesting thing is that most of the people participating have been here in person. There are relatively few today in this Committee stage on the screens. That is why I think that the Procedure Committee and the usual channels need to carefully consider changing the arrangements for Committee and Report stages, which are so important in dealing with aspects of Bills.

It was a fascinating exchange earlier between the noble Baroness, Lady Noakes, and the Minister. Under normal circumstances, there would have been a different kind of dynamic arising from that exchange. It could have been much more helpful in dealing with this Bill. At the moment, because everyone has to be dealt with equally—whether they are at home, as I was on a number of occasions, or here—we cannot have a proper Committee stage. One of my colleagues, the noble Lord, Lord Campbell-Savours, has suggested that we do away with that equality and the Procedure Committee should say that, for Committee and Report stages, certainly, those who are present should be able to operate normally as we used to do and that people at home should accept that and understand that. If they want to participate, they should be able to come here in one way or another. I really think that, in terms of considering our legislation properly, we need to look at that. That is nothing to do with the amendment, by the way, but it is very important.

Can I also say another thing that I would have said in Committee? As my noble friend Lady Hayter said earlier, there has been a lack of investment in training of doctors and nurses—over the last 10 years, in particular —so that we do not have home-trained doctors and nurses. I worry that some of the motivation of some people in the Government behind this—not everyone—is to bring in doctors and nurses from overseas as quickly as possible to make up for the fact that they have not been training enough doctors and nurses. As someone who has been involved in overseas development for years now—I used to be Minister in that department and now we are suffering that huge cut in our overseas development assistance—I think it would be wrong for us to drag in too many people and to see this as a way of bringing in too many doctors and nurses from overseas from countries that need them equally as much as, if not more than, we do, and which need their health infrastructure strengthened. That is nothing to do with amendment either, but it gets it off my chest.

The amendment would require the Secretary of State to seek the consent of the devolved Administrations —but with qualifications, I say to the noble Baroness, Lady McIntosh of Pickering—prior to making arrangements for the assistance centre. We welcome the provisions regarding the assistance centre; I speak on my own behalf, but I know, as does the noble Baroness, that the Law Society of Scotland welcomes it. Like her, I am grateful to Michael Clancy and his colleagues from the Law Society of Scotland for their help on these amendments.

The centre will provide advice and assistance regarding entry requirements—we will come to other aspects of it later—to those seeking to practise a profession in the United Kingdom or to those with UK qualifications seeking to practise overseas. We note the obligation on regulators, contained in Clause 7(2), to provide the designated assistance centre with any information it may need to carry out its functions. That seems entirely appropriate in the circumstances.

The obligation to make arrangements for the assistance centre lies on the Secretary of State. However, the centre will provide advice and assistance covering the whole of the United Kingdom, not just England. Accordingly, we consider that it would be important, and reflect the acknowledgement of the role of the devolved Administrations in earlier clauses of the Bill, for the devolved Administrations to be rather more than consulted on the arrangements for the creation of the assistance centre.

What I suggest in the amendment, as the noble Baroness, Lady McIntosh, generously said, goes further and is more radical than the amendment she has proposed. However, it would not give the devolved Administrations a veto; it says that the Secretary of State—should first “seek the consent” of the Scottish and Welsh Ministers and department in Northern Ireland; that is where I go further. If the Government do not get that consent within a month—it gives the devolved Administrations a veto or delaying power of a month—they can still go ahead. But if they do, notwithstanding the fact that they have not got approval from the devolved Administrations, they then have to publish a statement explaining why the Secretary of State decided to make the arrangements without the consent of the authority or authorities concerned. They have to explain why they have not taken account of representations before going ahead.

I say to my friend, the noble and learned Lord, Lord Hope, who knows more about the United Kingdom Internal Market Act than anyone around today, that this replicates the compromise that was agreed in that Act when we discussed it as a Bill in relation to, for example, the CMA and other aspects. Does the Minister consider that my amendment would have the same effect as the Government have already agreed in relation to the internal market Act? It is not revolutionary; it is more radical than the amendment of the noble Baroness, Lady McIntosh, but it is something that the Government have already agreed to in terms of the internal market Act. I therefore hope that it will be considered sympathetically by the Government.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

Just for clarification, if a Member wishes to speak after the Minister and is in the Chamber, they can message the clerk; if they are online, they can email the clerk. But all requests must come through the clerk to the Chair. I call the noble Baroness, Lady Randerson.

[Baroness Randerson (LD)]

My Lords, I wish to speak specifically to Amendments 42, 49 and 57, which I have co-signed. They all address issues related to the interaction of UK Government powers with those of the devolved Administrations and each of the three relates to different aspects of that issue.

Amendment 42 relates to the national assistance centre. The impact assessment makes it clear that this will be a centralised facility under the control of the Secretary of State, but it will also provide information and assistance in relation to devolved regulators and where the professional qualifications are different in the devolved nations. In preparation for this debate, I went online and explored the websites of a range of regulators. They all seem to provide comprehensive advice and information services, so I am puzzled as to what the problem is. Why is it necessary for the Government to overlay the well-established structure of regulators with this additional bureaucracy with—of course—its accompanying additional cost?

Because I am of a suspicious nature, I feel that the real purpose of the assistance centre is to enable to the UK Government to override the differences between the nations of the UK and, when making trade agreements, to take the opportunity to iron out those annoying differences in qualifications in one part of the UK and another. Hence my amendment, which simply requires consultation with the devolved Administrations on the function and operation of the assistance centre before it is established.

It should not be necessary to state this basic constitutional principle in terms of an amendment to a Bill, but the Government’s approach to this Bill has been woeful so far. It has been developed at speed—the noble Baroness, Lady Hayter, suggested it was on the back of an envelope—at a time when elections meant that there have been none of the usual opportunities to consult the devolved Administrations. In Wales, officials did not even see a draft of the Bill until the week before its introduction. They did not see the final version until we all saw it, when it was laid.

As drafted, this Bill confers a suite of regulation-making powers on the appropriate national authority. In Wales, the Welsh Ministers are that authority for the devolved areas, but the powers conferred on them are exercisable concurrently with the Secretary of State and the Lord Chancellor—hence the Secretary of State and Lord Chancellor could legislate in devolved areas and would not need to obtain Welsh Ministers’ consent.

As things stand, all the devolved Administrations appear to be opposed to this Bill in its current form. In Amendment 42, I offer just a modest solution to a very small part of the problem that the Government face. I would be grateful if the Minister could explain exactly how he sees the assistance centre working, how large it will be, what it will actually do and the estimated cost.

Amendment 49 relates to the interaction of this Bill with common frameworks, an issue that was raised by the noble Baroness, Lady McIntosh. Several noble Lords can boast that they have the T-shirt in relation to common frameworks and their interaction with government attempts to regain devolved powers. We fought several rounds with the Government on this issue during the passage of the internal market Bill. It is not at all clear how this Professional Qualifications Bill interacts with the well-established common frameworks programme.

There is a recognition of professional qualifications framework in preparation by BEIS, but it seems to have been delayed and there has been no explanation for that delay. Is this Bill designed to replace that common framework? If so, the Government need to tell the devolved Administrations, because they would much rather go ahead on the basis of a framework that involves non-legislative co-operation and a lot of working by consensus. This amendment is designed to ensure that the common framework on professional qualifications is not undermined or overtaken by any provisions in this Bill.

Professional Qualifications Bill [HL]

Lord McNicol of West Kilbride Excerpts

Committee stage
Tuesday 22nd June 2021 Lords Chamber

[Lord Grimstone of Boscobel (Con)]

My Lords, I note that the noble Lords, Lord Hunt of Kings Heath, Lord Fox and Lord Patel, have stated their intention to oppose that Clause 13 stands part of the Bill. The purpose of Clause 13 is to clarify and set out the parameters of the delegated powers in the Bill. Without it, there would be uncertainty about the limits of the powers in the Bill. Appropriate national authorities could have more, not less, discretion over how they make regulations under this Bill. For example, without Clause 13, the limits placed on the power to make regulations in Clause 10, which can amend the duty to provide information to overseas regulators, would no longer apply. The regulation-making powers could potentially be interpreted more broadly. On this point, the DPRRC observed that the power in Clause 10, which is described in Clause 13 as presently drafted, was an appropriate use of delegated powers. I do not believe that introducing uncertainty in the use of the powers under the Bill is the outcome noble Lords are seeking to achieve.

The debate, rightly and properly, has often returned to the DPRRC’s report on the Bill and its recommendations about the broad powers in the Bill. I respect and understand the points made by the DPRRC and by noble Lords during the Committee proceedings. I particularly noted the comments made by the noble Lord, Lord Hunt of Kings Heath, in this regard, supported by the noble and learned Lord, Lord Thomas of Cwmgiedd. The challenge we face, and I know I have said this previously, is that the existing legislative frameworks across numerous regulators include a mixture of primary and secondary legislation, so national authorities may require the ability to amend both primary and secondary legislation. I recognise the concern that noble Lords, including the noble Lords, Lord Patel and Lord Purvis of Tweed, and the noble Baroness, Lady Hayter of Kentish Town, have about the Henry VIII powers and the important comments made by the DPRRC. I will ensure that on Report I give as full an explanation as I can of why I believe those powers are necessary. I will not attempt to answer the legal points raised by the noble Lord, Lord Davies of Brixton, now. If I may, rather than doing it from the Dispatch Box, I will write to him, copied to other noble Lords present today.

I believe that if we are to move forward and put some greater coherence into the legislation surrounding professional regulators regulated by law in the UK this is the only route open to us. It allows us to provide for the implementation of international agreements of professional qualifications or to introduce routes to recognise qualifications from around the world in areas of unmet demand. The powers have also been designed to allow for flexibility to meet future needs. Of course I understand that noble Lords are worried about anybody at this Dispatch Box using the word “flexibility”. This is why I will have to explain as fully as possible how these powers will be used.

These future needs may be the terms of future trade agreements or changes in demand for professions in the UK. Clause 13, as drafted, allows appropriate national authorities to act expediently and in a proportionate manner through statutory instruments. These statutory instruments will of course be held to the rigorous scrutiny of the appropriate legislative process and will be informed by intensive engagement and, I can absolutely ensure my noble friend Lady McIntosh of Pickering, consultation with interested parties. Regulations made under this Bill—and I know this was a concern of the noble Lords, Lord Purvis and Lord Fox—will not cut across reforms to specific professions where they are also being taken forward. For example, DHSC’s consultation on proposals to modernise the legislation of healthcare professional regulators closed last week. If legislative changes are needed as a consequence of that reform programme, the intention is to use the existing powers under health legislation.

I hope that I have offered some reassurance about the intention behind the delegated powers in the Bill and I will, of course, continue to reflect on the points raised during the debate. I will see what I can do further to explain the rationale for these powers, but I do not believe that removing Clause 13 would address the concerns raised. I hope that the noble Lords feel able to withdraw their opposition to Clause 13 standing part of the Bill.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

I have received one request, so far, to speak after the Minister. I call the noble Lord, Lord Purvis of Tweed.

[Lord Purvis of Tweed (LD)]

My Lords, I am grateful to the Minister for indicating that we will have more information on Report, but we have been asking some questions of concern since Second Reading, so I think the very least the Minister and the Government can do before we start Report, and indeed before the deadline for amendments on Report, is to provide information. Otherwise, it is pointless once we are on Report.

My question follows up a question from the noble Baroness, Lady Hayter, on trade deals to which the Minister referred. In an earlier group, in response to a question I had about legal services in the Australia deal, the Minister categorical ruled out that there would be mutual recognition of lawyers in the Australia deal to try to allay my fears that it would override the internal market Bill. The attachment in the Minister’s letter to me, which is about the agreement in principle, has a specific paragraph:

“Legal services provisions which will both guarantee that UK and Australian lawyers can advise clients and provide arbitration, mediation and conciliation services in the other country’s territory using their original qualifications and title”.


If that is not a new agreement on professional qualifications that will have to be implemented by this legislation, in which the Minister is intending to using a Henry VIII power rather than primary legislation under previous commitments, how on earth can we trust any other commitments about intent from the Dispatch Box?

[Lord Grimstone of Boscobel (Con)]

I thank the noble Lord, Lord Purvis, for that. I really believe that we have to wait until we see the detailed text of the Australia FTA, which will be subject to proper scrutiny. I think if there is one thing that the noble Lord and I agree on, it is the need for proper scrutiny of free trade agreements once the text is available. Trying to debate these free trade agreements purely on the basis of brief references to what they say is not something that I believe either he or I would feel is satisfactory.

Coming back to his earlier point, I will communicate with noble Lords as fully as can before Report on the matters to which he referred.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

I have received one further request to speak after the Minister, from the noble Lord, Lord Lansley.

[Lord Lansley (Con)]

My Lords, I welcome what my noble friend had to say about returning to this issue on Report. When we do, given that, as the noble Lord, Lord Fox, said, it is our anticipation that future free trade agreements will be implemented in primary legislation, would my noble friend at that time also give us a guarantee that, where there is a choice between using primary legislation to make the necessary legislative changes to implement an international recognition agreement and using a power under this Bill, the Government will use the former to allow this House to scrutinise it in more detail?

--- Later in debate ---

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

We now come to the group consisting of Amendment 56A. Anyone wishing to press this amendment to a Division must make that clear during the debate.

Clause 14: Authority by whom regulations may be made

Amendment 56A

Moved by

--- Later in debate ---

Clause 14 agreed.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

We now come to the group beginning with Amendment 58. Anyone wishing to press this or anything else in the group to a Division must make that clear in the debate.

Clause 15: Parliamentary procedure for making regulations

Amendment 58

Moved by