Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020

Lord Moynihan Excerpts

Monday 14th September 2020 Grand Committee

[Lord Moynihan (Con)]

My Lords, the Explanatory Memorandum to these regulations states at paragraph 2.9:

“This instrument is also concerned with the Delegated Regulation which establishes a common training test for ski instructors”


and then references footnote 9. Before I go into the detail of that, taken overall, as my noble friend the Minister stated, this instrument seeks to introduce into domestic law the recognition of professional qualifications, or RPQs, in the EU agreement and seeks reciprocity where it is to the benefit of both parties. The Swiss citizens’ rights agreement is a clear example of this. This instrument specifically addresses key and important questions relating to the ongoing status of ski instructors living and working in Switzerland and in wider European countries such as Spain and Andorra in the Pyrenees, as well as Alpine countries. I am unclear why the Government are not seeking to protect employment opportunities for ski instructors, given that we are a major financial contributor to the success of this sector in the Alps and the Pyrenees.

A key issue post Brexit which is worrying the ski industry is how instructors will live and work in Europe. Additionally, the industry will need to re-evaluate resourcing requirements for chalet workers, support staff, ski instructors and mountaineer support teams. We hope that change after the transition period will be handled as an administrative step which holidaymakers or Alpine workers will need to take prior to travel. However, this remains unclear and the regulations being considered today provide an opportunity to ensure that we are completely in sync with the EU on ski instructors—an objective pursued by the British Association of Snowsport Instructors, or BASI.

As I understand the position, when the right to work in the EU is rescinded, instructors will need to apply for a work visa. While it should be recognised that this is already commonplace for British instructors wishing to work in Australia, New Zealand, Canada, et cetera—though age and time restrictions apply—it is unclear what arrangements the British Government have reached in negotiation given the CTT agreement, which I hope stays in place and can be reciprocally agreed as ongoing practice between the EU and the UK.

With Switzerland being outside the EU, we have some knowledge of working across EU zone borders. Non-Swiss instructors have to apply for work permits in Switzerland as they do not have an automatic right to work there. In 2000, a common set of criteria was agreed for training and performance standards for ski instructors. This was not an EU agreement, meaning that originally it should have stood for British nationals post the transition period, but since then it has been adopted by the EU delegated regulation 2019/607.

A few years ago, the British Association of Snowsport Instructors and the International Ski Instructors Association negotiated an agreement with European Alpine nations. The group, which found considerable common ground, consisted of France, Austria, Italy and the UK. The British top qualification—level 4 ISTD—was recognised as equal to that of Austria, France and Italy. BASI has representation on the board of Interski International, the snow sports umbrella organisation, which has three specialised associations: the ISIA, the IVSI and the IVSS. Can my noble friend confirm that the United Kingdom, represented by BASI, will continue to be included in the EU Commission delegated Act, translated into our legislation, for ski instructors and the associated common training test—CTT—agreement, which I have mentioned, or is the status to be grandfathered under our legislation or removed?

Could my noble friend confirm that the top British qualification will continue to be recognised in Europe post the transition period? BASI is hopeful that, as long as it continues to comply with the rules and processes as they currently stand, there will be no change to the recognition of qualifications. However, would I be right in interpreting the agreement reached with the EU on this subject as effectively removing us from a common CTT agreement and therefore French ski schools, for example, would be able to reject British ski instructors after the transition period on grounds wholly unconnected with whether they have passed the common training test?

BASI decided to align its qualifications with the Scottish credit qualification framework several years ago, which in turn aligns with the European qualification framework. Not only did this give our European counterparts an alternative tool which they can use to recognise the level of our qualifications but it enabled our members to gain recognition for the time and effort they have put into their snow sports career if they choose to apply for jobs in completely different sectors.

There is a clear need for government to prioritise doing what they can to promote and protect the rights of UK citizens working in the mountains of Europe. Over the years, many UK workers have come up against major resort-based difficulties, being in areas where locally elected mayors turn a blind eye towards fierce national protection of work opportunities for local ski instructors despite, as I have mentioned, the huge investment made by the UK-based ski tourist industry. Would my noble friend recommend that instructors who are accepted to work in the EU ski resorts register to work in the countries that they intend to work in, anticipating that new working rights arrangements post Brexit may take some time?

In summary, the proposal in this instrument is to revoke the retained delegation regulation on ski instructors on the grounds that my noble friend said in her opening remarks: that they will have “no practical effect” in the UK after the transition period and therefore should be revoked. Does this mean that the common training test will no longer be recognised in Europe for British instructors or, indeed, in Scotland for European instructors? If not, what support and protection will British ski instructors have after 31 December?