Professional Qualifications Bill [Lords]

Sarah Olney Excerpts

Report stage
Monday 14th March 2022 Commons Chamber

[Ben Lake (Ceredigion) (PC)]

I do not intend to detain the House for long, but it is a pleasure to rise to speak in support of Plaid Cymru’s new clause 5, which would require the Secretary of State or the Lord Chancellor to obtain the consent of the devolved Governments when acting in areas of devolved competence. Although I will not be seeking to divide the House on that, I hope that the new clause, alongside the repeated interventions of the devolved nations, will encourage the Government to reconsider their approach.

In its current form, the Bill represents an example of the Government legislating in devolved matters without having first secured the consent of Wales’s Parliament or, indeed, consent from any of the devolved nations. It betrays a blatant disregard for the constitutional framework of the UK, and further obscures the regulatory regime for workers, businesses and professional qualification providers.

Hon. Members should not mistake these concerns as mere trivial matters; they speak to the growing chasm of distrust between the Governments of the British Isles. Indeed, just last week, the Welsh Labour Education Minister accused the UK Government of acting in a manner that breaches the Sewel convention. Let us consider, for a moment, the implications of that statement: a Government Minister from one nation is accusing the Government of another of tearing up the constitutional convention that has been so instrumental in ensuring good governance and positive intergovernmental collaboration across our isles. That is what this Government and this Prime Minister are doing to the UK and that is why this Bill needs to be amended to respect the devolution settlement.

As I said, I will not be pushing our new clause to a vote tonight, but we will be supporting amendment 3 if it is put to a Division. I hope that Opposition Members as well as Government Members will acknowledge the seriousness of these constitutional concerns and accept the amendment as a first step towards government by consent, rather than imposition.

[Sarah Olney (Richmond Park) (LD)]

I rise to speak to amendment 3, which stands in the name of my hon. Friend the Member for North East Fife (Wendy Chamberlain). I am sorry to say that she is ill with covid, so I am here in her place.

The Bill allows UK Government Ministers to legislate on areas that would normally be under the authority of devolved Administrations. As it stands, there is no protection in place to allow the Scottish or Welsh Governments to revoke or amend these measures if needed. The entire reason we have devolved powers is to allow Ministers to make bespoke decisions that better reflect the needs of the local people and local economies.

The Minister’s statement that the purpose of the Bill is to ensure qualified professionals within the UK can work anywhere within the four nations clearly undermines the devolution settlement. We saw that with the United Kingdom Internal Market Act 2020 and we see it again here. Without the appropriate safeguards, the Bill further erodes both the powers we have in place in Scotland and in Wales, and the trust between our Governments. On many issues, the UK has subsumed EU law into UK law with a view to gradual divergence over time. We are concerned that this Bill takes a clean slate approach and may put the UK at a disadvantage when trying to fill vacancies at a time of acute shortages in some sectors. The Bill provides inadequate detail regarding its full intentions and scope, leaving provision open to interpretation. The Government must commit to ensuring the highest standards of professional qualifications are maintained and are not bartered away as part of any trade agreement.

Clause 7 would mandate the Secretary of State to set up an assistance centre for people looking to enter a qualified profession in the UK or people with UK qualifications looking to practise overseas. Regulators would be required to provide information to the assistance centre to allow it to carry out its functions. We welcome the provisions relating to a centre to provide advice on and assistance with entry requirements for those seeking to practise a profession in the UK, or those with UK qualifications seeking to practise overseas. The obligation to make arrangements for the assistance centre lies with the Secretary of State. Amendment 3, which we will be pressing to a vote, would require the Secretary of State to ensure that there are representatives for each of the devolved nations on the centre’s board.

The Law Society of Scotland has urged the Government to seek the consent of the devolved Administrations when setting up the assistance centre. We therefore think it imperative—this reflects the acknowledgement of the role of the devolved Administrations in earlier clauses in the Bill—for them to be consulted on the arrangements for its creation, and to be represented on its board.

[Owen Thompson (Midlothian) (SNP)]

Thank you for calling me, Mr Deputy Speaker—rather more swiftly than I expected.

It seems as though, week in week out, Members on this side of the Chamber in particular are shouting into the wind. Whatever legislation is put before us, we suggest amendments in good faith, only to have to rinse and repeat our previous arguments when the legislation returns to us with none of our proposed changes taken into account. We are therefore used to this Government doing hee-haw, but in this case they have actually made the Bill worse than it was before, disrespecting the devolved Governments and undermining the constitution over something that should not have been controversial.

The Scottish National party fully welcomes the principles behind the Bill, which will facilitate cross-border recognition and regulation of professional qualifications. Building an integrated system of transfer of professionals from abroad is particularly significant to smaller countries such as Scotland which seek to attract the skills and expertise of their neighbours. For example, the world-leading Scottish food and drink industry, and indeed that of the whole UK, has traditionally relied heavily on the services of vets qualified in the EU. Those vets were then able to bring their skills to Scotland under the terms of the EU’s rules on mutual recognition of professional qualifications. We are all for the idea of recognising consistency in qualifications; it is not controversial. However, the Government have managed to make it controversial: in fact, they have managed to create a constitutional stooshie out of thin air.

When I last spoke on the Bill, I raised concerns about its impact on devolution. The whole Bill obviously applies to Scotland, although certain professions and qualifications are reserved to this place.