Professional Qualifications Bill [HL] — House of Lords, 2021-11-09
Topic: Government Operations
Anne McIntosh (Conservative, Centre-right): My Lords, I congratulate the noble Baroness on her amendment and on her appointment as chair of the IAC. I too welcome and congratulate my noble friend the Minister on bringing forward his government Amendment 13. I also thank him and his officials in the Bill team for the meetings that I have had since we originally discussed this and other parts of the Bill I would like to put one question before we come to discuss later amendments of mine in relation to a later clause. Why have the Government limited their Amendment 13 to apply only to Clauses 1, 3 and 4 when there are other, even more—or just as—important parts of the Bill that I think would benefit from the amendment? We can come on to discuss this, but only Clauses 1, 3 and 4 will benefit from the amendment. I would be very interested to know why it has been limited to those clauses, for reasons that we will come on to discuss later I take this opportunity to thank the noble Lords, Lord Foulkes and Lord Bruce, for co-signing Amendment 4 and the noble and learned Lord, Lord Hope of Craighead, for his support. We are hoping to require the national authorities to consult on draft regulations under the Bill. I am sure my noble friend would agree that the measure contained in this clause is important and wide-ranging and affects a considerable number of professions—I think it is 160, as stated in the Explanatory Notes. Governments across the UK cannot be expected to have the in-depth knowledge of all these professions to enable them to legislate without pre-legislative consultation Let me repeat the remarks made by my noble friend the Minister in responding to a similar amendment I moved in Committee: "I fully agree that it is important for the relevant national authority to engage with a range of stakeholders before making regulations. Because of the complexity of these matters, it would be the height of foolishness not to do that." I agree entirely. Does he therefore agree that in making the regulations, the range of interested parties should include the professions and others? I know that he had hoped—I think this is in connection with these amendments—that there would be agreement from the devolved Assemblies, and it would be interesting to hear why they were unable to agree legislation to put in place in this regard Amendment 7 is voiced in similar terms. Clause 3 grants a power to Ministers to amend legislation to put into effect provisions negotiated in free trade agreements, or other types, relating to the regulation of professions, such as the recognition of professional qualifications. We are seeking to introduce a similar requirement to consult before regulations are laid to implement international agreements under Clause 3. To quote again from my noble friend’s comments in Committee: "In all international negotiations relating to professional qualifications, a key concern for the Government has been ensuring the autonomy of regulators and protecting UK standards, as I said earlier. In light of the Government’s concern, and the importance that we attach to this point, there are already extensive engagement mechanisms for consulting before and during these negotiations … I hope my noble friend is reassured that the Government, of necessity, would have concluded extensive engagement ahead of this point in order to actually create the free trade agreement in the first place." We would like an assurance from my noble friend the Minister this evening that there will be an obligation to consult, not just an intention to consult. There can be lots of good intentions, but they are never actually brought to fruition. It would also act as an aide-memoire for the Government to engage with those bodies and individuals who might be affected by the implementation of the international agreement Noble Lords will see that there is a theme here. Clause 5 looks at the revocation of the general EU system of recognition of overseas qualifications, and Amendment 8 seeks to pin down what will be a very wide regulation-making power. Accordingly, I ask my noble friend to agree that there will be a proper consultation. Amendment 8 introduces a requirement to consult before laying regulations that make consequential amendments following the revocation of the existing EU-derived recognition system In Committee, my noble friend the Minister said: "I envisage that these enactments would be very limited in scope. They are necessary purely to tidy up the statute book after revoking the existing EU-derived system, for example by removing cross-references to the current system in other regulations. Given that these are primarily small fixes, it would be disproportionate to consult on them. The Government will, of course, work closely with interested parties to ensure that there are no unintended impacts of bringing forward these consequential amendments."—[Official Report, 9/6/21; col. 1500.] These amendments have come from the Law Society of Scotland, for whom I hold no brief. However, as a non-practising Scottish advocate—a non-practising member of the Faculty of Advocates—we always look to solicitors to give us instructions at the best of times.