Professional Qualifications Bill [HL] — House of Lords, 2021-05-25
Topic: Mixed Topics
Gerald Grimstone (Conservative, Centre-right): My Lords, I start my remarks by recognising the wealth of professional experience that is in your Lordships’ House and will no doubt be on full display in today’s debate. Our regulated professions are a national asset, and the professionalism of our services sector is part of the UK’s offering to the world. Good regulation and the expertise of regulators underpin that professionalism The purpose of the Bill is to revoke the EU-derived system for the recognition of overseas professional qualifications in the UK following the post-Brexit transition period. The Bill replaces this system with a new framework, global in outlook and tailored to the needs of the UK. The Bill will allow action to be taken in the public interest if it is judged that a shortage of professionals has arisen in a profession. It also makes sure that regulators have the tools they need to strike agreements with their international counterparts on the recognition of professional qualifications, creating more opportunities for UK citizens to work globally. These agreements will be a key facilitator of services trade, creating opportunities for UK-based professionals to work and provide services abroad. I can reassure the House that the Bill does not restrict the independence of the UK’s regulators. It fully respects regulators’ autonomy to determine who can practise in the UK I begin by describing the constituency of the Bill. Across the UK, over 160 professions are regulated by law by a network of over 50 regulators. The Bill will apply to all professions regulated by law. This means areas where there are restrictions in legislation on pursuing the activities of a profession, such as for doctors. It also includes restrictions on using a professional title, such as for architects. These restrictions usually require individuals to gain a qualification, carry out specialised training or demonstrate their professional experience Typically, an individual is required by law to register with a regulator to practise that profession. Many of these regulators are established in legislation, operating independently of the UK Government and the devolved Administrations. The Bill also encompasses bodies established by royal charter, but only if they have functions under legislation in relation to a profession regulated by law. However, the Bill does not apply to professions regulated on a voluntary basis. For example, it does not apply to chartered professional titles that are voluntarily regulated, such as chartered accountants, although it includes auditors and chartered engineers Some professions are regulated on a UK-wide basis, and the regulation of others is entirely devolved. The Bill will apply to the entirety of the UK, while of course respecting the devolution settlements by allowing the devolved Administrations to make regulations within their devolved competence As I hope your Lordships can appreciate from my description, the regulation of professions comprises a complex regulatory landscape. It has resulted from the differing needs of professions and from legislation being introduced over a long period. That is why the Bill establishes a framework. It sets out a permissive approach, under which regulations could be made to provide tailored solutions for specific professions if and when required. It needs this flexibility because we cannot anticipate future professional shortages or the terms of future international agreements I emphasise that we want this new framework for recognition of professional qualifications to complement regulators’ existing practices. For this reason, the Government have engaged closely with a wide range of regulators. I can assure the House that I take their views very seriously. Indeed, following further consultation with the GMC and other healthcare regulators since introduction, the Government intend to table an amendment to Clause 1 in good time before Committee. This is to address concerns raised by regulators such as the GMC to ensure that the flexibility and autonomy of healthcare regulators and others is preserved in the event that these powers are used I turn now to the main elements of the Bill. Its core purpose is to update the regulatory framework for recognising professional qualifications and experience gained overseas. Through Clauses 5 and 6 we would revoke the EU-derived system, which places obligations on our regulators to offer preferential treatment to European Economic Area and Swiss-qualified professionals compared to those with qualifications from other parts of the world This system was always intended to be temporary, and it has not been reciprocated by the EU. We need to replace it with a new framework in line with our status outside the single market and our global Britain ambitions. We want our regulators to recognise professionals from around the world, considering the skills and knowledge they offer, not just where they came from. The Bill will ensure that regulators can be given the legal ability to recognise overseas qualifications wherever they were granted, if they deem it appropriate to do so Through Clause 1, UK Government Ministers and the devolved Administrations can require regulators to have a process to recognise professional qualifications from all around the world where the individual meets UK standards. This would be implemented through secondary legislation Clause 2 limits the use of this power to professions where demand is not being met and the resultant shortage could be addressed by opening up this new process for professionals with qualifications from overseas. This condition provides reassurance that UK Government Ministers and devolved Administrations can act only when there is a clear public interest in so doing. For the professions where this power is used, regulators will have flexibility in the way they assess individuals with professional qualifications and experience gained overseas without, I stress, compromising their rigorous standards. Where Clause 1 is not exercised, regulators will of course be free to continue recognising qualifications from overseas in line with their existing powers Noble Lords will be aware of the value of services exports in our economy. Indeed, the EU Services Sub-Committee issued a report on the future UK-EU relationship on trade in services in March this year. The report acknowledged the role of the mutual recognition of professional qualifications in services trade for many sectors. With that in mind, the Bill also includes two measures that support us as we seize opportunities for professionals in overseas markets and encourage talented professionals to work in the UK Clause 3 will enable UK Ministers and devolved Administrations to implement the recognition of professional qualifications elements of international agreements. In Clause 4, we propose a power to make regulations that would empower regulators to enter into recognition agreements with their overseas counter- parts. We would use this power only where regulators do not already have the ability to do so. That includes mutual recognition agreements agreed in accordance with trade agreements that the Government are striking around the world. It can also include individual agreements with overseas counterparts pursued at regulators’ discretion To be frank, we acknowledge that these powers are broad, but I reassure your Lordships that in our international negotiations on the recognition of professional qualifications, we have always sought to preserve the UK’s autonomy to set its own professional standards and determine who is fit to practise here. It is for this reason that the recognition of professional qualifications chapters of trade agreements often encourage the parties’ autonomous regulators to negotiate mutual regulation agreements without dictating how they should do this The Bill also contains several measures to provide support to professionals and regulators. These build on the good practices of many regulators. Clause 7 will maintain the legislative underpinning for an assistance centre, which provides advice to professionals interested in working in the UK or overseas. Clause 8 will require regulators to publish details about entry and practice requirements for their professions. Many regulators already do this, but we want this to be comprehensive to make information about careers more accessible Clause 9 will give a legislative underpinning to sharing information between regulators operating in different parts of the UK. Such information is often shared on a voluntary basis, and this can help inform regulatory action—for example, if there is evidence of malpractice. Clause 10 proposes that UK regulators be required to provide certain information to overseas regulators about UK professionals at the request of the individual. This would enable those overseas regulators to decide on UK professionals’ entitlement to practise Finally, in Clause 11, the Bill will introduce a new system for recognising all architects who qualified overseas. This profession is addressed specifically in the Bill because this is an area where we need primary legislation to move away from bespoke EU-derived obligations as soon as possible. This will expedite new international entrants to the Architects Register in the UK while requiring them to demonstrate an understanding of the specific UK landscape. Our proposals will make sure that UK demands can be met by architects from all around the world and improve the Architects Registration Board’s administrative processes To conclude, this Bill removes outdated legislation from the UK’s days in the EU. It replaces it with a new framework that upholds the great strength of the UK’s professionalism while protecting regulators’ autonomy. It makes sure that regulators can put in place the arrangements we need to recognise professionals from all over the world. It empowers regulators to secure arrangements that promote our world-leading services exports. I am sure that it will form the basis of a great partnership between government, regulators and professionals. I commend it to the House, and I beg to move.