Professional Qualifications Bill [HL] — House of Lords, 2021-11-09
Topic: Government Operations
Gerald Grimstone (Conservative, Centre-right): My Lords, before I start, I will thank the noble and learned Lord, Lord Hope of Craighead, for the courtesy of his comments. I assure him that I took no offence at the words that he used in the earlier group. I thank the noble Baroness, Lady Blake of Leeds, for her Amendment 14, which I will address first. I unreservedly agree with the noble Baroness that the Bill has been greatly improved during its passage through the House, and I commend and thank noble Lords from all sides of the House for the work that they have done This amendment from the noble Baroness provides for the Secretary of State to consult appropriate persons. It then requires the Secretary of State to seek, on a time-limited basis, the consent of all the devolved Administrations before making regulations under powers in the Bill. If that consent were not forthcoming within one month, the UK Government could proceed to make the regulations without it, but would be obliged to publish a statement setting out why they had proceeded without consent I appreciate that this amendment recognises that there are occasions when the Government may need to make regulations without consent. It is a best-efforts approach, which requires the Government to evidence that they have made these efforts. However, as I have set out previously, it is absolutely not the Government’s intention to make regulations in relation to matters on which the devolved Governments could legislate without seeking their views. I have put this assurance on record many times, including in correspondence with my ministerial counterparts in the devolved nations. Perhaps because I am relatively new to the House, I was not tarnished by some of the discussions on the internal market, and I think I have maintained good and constructive relations with my counterparts in the devolved Administrations I am not convinced that the proposed amendment is preferable to the Government’s own, more flexible, proposals. However, I agree that working with the devolved Administrations is the way to make this Bill operate best for all our UK nations. That is why I wrote to my devolved Administration ministerial counterparts ahead of Report, offering to put a duty to consult with devolved Administrations on the face of the Bill. The offer was made to them and it also included a commitment to publish a statement setting out whether and how the regulations take account of any representations made in response to the consultation. I can give the House an assurance that we will continue to engage with the DAs, and if securing the LCMs, which is something that I would very much like and feel committed to do, means that we need to amend the Bill, this is something that we could consider. I am happy to give that assurance to the House Noble Lords will also be aware that the amendment tabled in my name on a duty to consult with regulators extends to regulators in the devolved nations; so, in addition to the consultation we would normally expect to undertake with the devolved Administrations, whenever appropriate we will be engaging directly with those in the devolved Administrations who are closest to the issues before making regulations I will continue to engage with my counterparts in the devolved Administrations to persuade them of the merits of the Government’s approach. If noble Lords from all sides of the House wish to join me in trying to convince them of this, I would very much welcome that. A Bill such as this, which provides benefit throughout all four nations of the United Kingdom, would be best dealt with on a consensual basis between the devolved Administrations.