Professional Qualifications Bill [Lords]

Owen Thompson Excerpts

2nd reading
Wednesday 15th December 2021 Commons Chamber

[Owen Thompson (Midlothian) (SNP)]

May I start by outlining that although the Scottish National party is not against the principles of the Bill, we cannot support it as it stands? I am not looking to divide the House at this stage, because I hear from the Secretary of State that constructive engagement is taking place. We will be happy to look at what we can agree as the Bill progresses through Committee and its remaining stages, but it is certainly worth putting it on the record that there are concerns in the Scottish Government and in elements of Scottish civil society—I do not think that anyone is in any doubt about that.

The Bill’s intention is to facilitate the cross-border recognition and regulation of professional qualifications so that we can ensure an integrated system for the transfer of professionals. It is certainly welcome that the Government are addressing the issue; the regulation and recognition of qualifications from abroad is particularly significant to smaller countries such as Scotland that seek to attract incredible skills and expertise from our neighbours. As an example, the world-leading Scottish food and drink industry, and indeed that of the whole UK, has traditionally been very heavily reliant on the services of EU-qualified vets, who were able to bring their skills to Scotland under the terms of EU rules on the mutual recognition of professional qualifications.

We owe a huge debt of gratitude to those who bring their qualifications and skills to contribute to our industries, which is precisely why it is so crucial to recognise consistency in qualifications to support working across countries. SNP Members’ preferred solution, of course, would be to recognise Scotland’s democratic vote in 2016 and rejoin the European Union, but it might be pushing it a bit to persuade Government Members to do that. In the meantime, it is important that we have legislation in place to ensure that skills and experience are not lost in any steps that we take.

The SNP supports the key principles that the Bill seeks to address, but there are technicalities. Technicalities often matter a great deal more than principle, and unfortunately the Bill is another example of the Government using technicalities to undermine devolution and hoping that no one will notice. I will come back to that point shortly, but it is worth running through some of the Bill’s devolved implications more generally.

The whole Bill applies to Scotland. Certain professions and qualifications are reserved to this place, but plenty are not, including teaching, the legal profession and some social care professions. The Bill does not make separate provision for devolved and reserved professions; it applies to all regulated professions active in Scotland, whether they are reserved or devolved. I appreciate that the Government recognise that point to a degree and are seeking legislative consent from the devolved legislatures to clauses 1 to 10 and 15, as they should. However, there are other clauses that evidently fall within devolved competence but for which the Government are not seeking permission from the devolved Administrations.

Clause 13(1) provides that a power to make regulations under the Bill

“includes power…to make consequential…or saving provision.”

That the UK Government can consider a clause relating to consequentials as outwith the Scottish Parliament’s competence is a bit surprising, to say the least.

Clause 16 is really the devolution buster. When the Bill was originally introduced, it defined “appropriate national authority” as

“the Secretary of State or the Lord Chancellor”,

forgetting that Ministers of a devolved Government are also appropriate national authorities for provisions that fall within devolved competence. As the Law Society of Scotland notes:

“The Scottish Ministers are also an ‘appropriate national authority’ in relation to regulations under the bill which contain only provision which are within the legislative competence of the Scottish Parliament.”

Clause 16(3) helpfully remembers that Scottish Ministers are also a relevant authority. That is encouraging—it is progress—but there is still no provision requiring consent from a UK Minister to act in those areas.

In practice that means that any power conferred on the appropriate national authority in devolved areas can be exercised by UK Ministers. There is no requirement for UK Ministers to seek consent from the Scottish or Welsh Governments when exercising those powers. When the Secretary of State makes regulations under those powers, they would be subject to procedures in this place instead of the Scottish Parliament. The Bill alters the Executive competence of Scottish Ministers by enabling the Secretary of State to act in devolved areas without the requirement for consent. It is not the first time that that has happened, and for as long as Scotland remains part of the Union, I am sure it will not be the last.

The United Kingdom Internal Market Act 2020, which was passed in this place despite the Scottish Parliament and Welsh Senedd’s refusal of consent, treats devolution as an inconvenience to get around, rather than as a backbone of our constitution. Through that Act, the Government have given themselves power to subject

“healthcare services provided in hospitals”

in Scotland to market access principles, without needing the Scottish Parliament’s consent. It creates an external Westminster body that is responsible for testing whether a Bill in Holyrood would affect the UK internal market. Power has been taken from Scotland’s elected Parliament and placed in the hands of unelected bureaucrats—I am sure that sounds familiar from somewhere.

The Bill falls into a pattern of power grabs. As I say, we do not seek to oppose it at this stage, but I urge the Minister and the Secretary of State to take those points on board. When the devolved nations raise concerns about consent being ignored or not required, the response we have tended to get time and again from the UK Government is that they do not intend to use those powers without consent. However, we need more than pinky promises when it comes to what does or does not require consent. In that way, the Government avoid clashing with the devolved nations and are forced to keep their promises. Indeed, the only possible reason they would not do it is that they do in fact intend to meddle with devolution without consent. If that is not the case, I look forward to amendments being tabled to make that case solidly, and I say to the Government: prove me wrong.

In conclusion, I urge the Government to take these simple steps. Our asks on the Bill are relatively straightforward. The Scottish Government are currently recommending that the Scottish Parliament does not give its consent to the Bill. Its provisions are only required because we are leaving the EU—something Scotland voted against—and it adds insult to injury by trampling on devolution, which Scotland overwhelmingly did vote for. The Government do not have to be hellbent on making the Bill controversial and unconstitutional, and I urge the Minister and the Secretary of State to table amendments to bring it into line with devolution.