Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 — House of Lords, 2019-02-06
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, I will speak to both sets of regulations. I would from the outset like to place on record my appreciation of the work of veterinary surgeons. They undertake a wide range of tasks in our country and the profession is widely respected. With two members of my family in the profession, I am well aware of the challenges they face These statutory instruments aim to ensure that there will continue to be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation for protecting animal health and welfare for when the UK leaves the EU I turn first to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019. In the UK, the veterinary profession and its standards are regulated by the Royal College of Veterinary Surgeons—the RCVS. Since 1966 the Veterinary Surgeons Act has provided a mechanism for veterinary surgeons who have qualified outside the UK to register to practise here. That mechanism, in so far as it applied to EEA and Swiss nationals, was subsequently amended to reflect the requirements of the recognition of professional qualifications directive after it was adopted in 2005 Part 2 of this statutory instrument will ensure the operability and consistency of the system for registering EEA and Swiss qualified veterinary surgeons after we leave. Under the European system, EEA and Swiss nationals who hold degrees from veterinary schools recognised by the EU are entitled to have those degrees automatically recognised in any member state. When the UK leaves, EEA and Swiss qualified persons who wish to register to practise in the UK will still be able to do so; however, they will have to follow the same process as those who have qualified elsewhere. That process is currently set out in Section 6 of the Veterinary Surgeons Act, and requires that an applicant satisfy the Royal College of Veterinary Surgeons that they have, "the requisite knowledge and skill", to practise in the United Kingdom. If the RCVS is satisfied that the degree the applicant holds meets this requirement and is equivalent to one from a UK veterinary school, there is no further assessment of their skill and knowledge. The Royal College estimates that a large majority of applicants from the EEA will meet this requirement. If the applicant does not hold such a degree, they must undertake and pass a professional examination administered by the Royal College of Veterinary Surgeons. This would help ensure consistency of approach to the regulation of veterinary standards in the future. These changes do not affect those already registered to practise veterinary surgery in the United Kingdom. Transitional arrangements also ensure that those who are in the process of registering with the RCVS on exit day are entitled to have their application considered under the current rules Part 3 of this statutory instrument makes a minor technical amendment to Section 29 of the Animal Welfare Act 2006. Section 29 currently provides inspectors in England and Wales with a power to enter premises to check compliance with the Welfare of Farmed Animals Regulations. Inspectors are appointed by local authorities, Welsh Ministers or the Secretary of State. This technical amendment ensures that that power of entry will continue to be available after exit day I turn now to the Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019. This statutory instrument will ensure that the system for recognising farriery qualifications continues to function effectively after the UK leaves. This statutory instrument also amends Section 64A of, and Schedule 3 to, the Animal Health Act 1981, as well as three exemption orders under the Veterinary Surgeons Act, to ensure the operability of these pieces of legislation after EU exit In Great Britain, since 1975, farriers have been regulated by the Farriers Registration Council under the Farriers (Registration) Act. Interestingly, farriery is not currently regulated in Northern Ireland. Under the European system, EEA and Swiss nationals who hold farriery qualifications, or who have certificates attesting to their experience, are entitled to have those qualifications or that experience recognised in any member state. Part 1 of this statutory instrument will seek to ensure consistency of professional standards by proposing to use the same system for recognising the qualifications of farriers from the EEA as that used for farriers from the rest of the world. This means that those farriers whose qualifications and training are not equivalent to the UK standards, but who have two or more years of professional experience as a farrier, will need to undertake a professional assessment. If they have less than two years of professional experience, they will need to undertake full professional training in the UK, followed by the professional assessment, before being registered to practise in the UK. This will help to ensure consistency across the profession and will help to protect the health and welfare of horses We have of course discussed these proposals with the Farriers Registration Council, which is content with them. I emphasise again that these amendments do not affect the rights of those already registered to practise farriery in the United Kingdom. I come to the powers of entry under the Animal Health Act. Part 3 of this statutory instrument makes technical changes to the Animal Health Act 1981 to ensure its operability. The amendment to Section 64A ensures that, where local authority inspectors in Great Britain currently have a power of entry and check compliance with certain legislation, that power will remain available to them after exit day. The relevant legislation includes orders regarding cattle and equine identification, vaccination in the event of avian influenza or foot and mouth disease, and the monitoring of zoonotic disease A further operability amendment, to Schedule 3, removes an EU obligation which will no longer apply after the UK leaves the EU, as the relevant authority will already need to be satisfied that adequate measures are in place to prevent any risk of the spread of foot and mouth disease before it can decide not to slaughter susceptible animals. This is a technical change and I emphasise that we will of course continue to co-operate with our friends and colleagues in the EU on disease control in the future. Disease does not respect borders and boundaries, and we must continue to collaborate and work together Three exemption orders under the Veterinary Surgeons Act 1966 all currently permit specific minor veterinary surgery procedures to be carried out in the UK by persons other than veterinary surgeons, provided that they have successfully undertaken an "approved course". In the UK, before a UK course can be approved, the Secretary of State, rightly, must consult with the Royal College of Veterinary Surgeons. As a member of the EU we were required to recognise any training undertaken in an EEA country which would allow a person to carry out that procedure there. There is no EU minimum standard for such training, no requirement that the member state in question must consult their equivalent to the RCVS and, importantly, no guarantee that the course is of the same standard as those undertaken in the UK. In the future, it will be for the Secretary of State and in some circumstances DAERA—as the responsible authority in Northern Ireland—to decide whether any non-UK course meets the appropriate standard, to ensure that there is more rigour. This will help maintain high standards of animal health and welfare in the UK These statutory instruments aim to ensure that there will be a functioning regulatory and legislative regime for the professional regulation of veterinary surgeons and farriers, and enforcement of legislation that protects animal health and welfare when the UK leaves the EU.