I thank the hon. Members who have taken part in this important debate. I will whip through each amendment in turn, starting with new clause 2.
I thank the hon. Member for North East Fife (Wendy Chamberlain) for tabling new clause 2, and I wish her well as she recovers from covid. I thank the hon. Member for Richmond Park (Sarah Olney) for speaking to the amendment. I remind the House that clause 16 sets out the definition of an appropriate national authority for the purposes of the Bill. It also sets out the concurrent powers for making regulations in areas of devolved competence.
These powers could be used by the Secretary of State or the Lord Chancellor if, for example, a profession falls within devolved competence but is regulated at UK level. I understand the strength of feeling about the concurrent powers in the Bill, but I have been clear that any regulation made by the UK Government that falls within devolved legislative competence will be limited in scope and will always be made in consultation with appropriate Ministers from the devolved Administrations. The Government listened carefully to the concerns raised in both Houses, undertook extensive engagement with the devolved Administrations and negotiated in good faith in relation to those concerns. I am grateful for the devolved Administrations’ constructive and well-spirited engagement.
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Rather than causing a stooshie, as the hon. Member for Midlothian (Owen Thompson) said, the Sewel convention envisages situations in which the UK Parliament might need to legislate without consent, and those situations are clearly exceptional. We will always seek legislative consent from the devolved legislatures when introducing Bills at Westminster that legislate within areas of devolved competence.
The constructive approach we have shown is underlined by the Government’s amendments, which offer an enhanced statutory consultation duty for all devolved Administrations and, for Wales only, an amendment to carve out the Bill from the requirements of schedule 7B to the Government of Wales Act 2006.
Taken together, this package ensures that the Bill can operate effectively in all parts of the UK and that those professions that fall within devolved competence but are regulated on a UK-wide basis can be dealt with appropriately and efficiently by the relevant national authority.
The related amendment 4 would remove clause 16, which could limit the Secretary of State’s ability to use concurrent powers to deal effectively and efficiently with those professions. I emphasise that it is crucial that the Bill can operate effectively across the United Kingdom, which can be best delivered through the Government amendments.
I thank the hon. Member for Sefton Central (Bill Esterson) for tabling new clause 3, which at its heart is about the need for clarity on who meets the definition set out in the Bill. I appreciate that, and I assure him the Government have worked extensively to provide that clarity. Last year, BEIS officials carried out a comprehensive exercise across Government, and with the devolved Administrations and regulators, to determine to whom the Bill applies. A list of regulators and professions affected by the Bill was published on gov.uk on 14 October 2021. That list, which is in the public domain, will be maintained and updated as necessary, so we have already met the commitment to publish a list of regulated professions and the associated regulators. A new legislative requirement is therefore not required. As I outlined in Committee, the Government have committed to keeping the list up to date and readily available in the public domain.
On new clause 4, since the end of the transition period EU member states are no longer obligated to offer routes to recognition for UK-qualified professionals. Professionals with UK qualifications are now subject to the relevant rules in individual EU member states. Article 158 of the TCA provides a framework for the UK and the EU to agree arrangements to facilitate the recognition of professional qualifications. Under that framework, UK and EU regulators and professional bodies can provide joint recommendations for potential recognition agreements to be developed and adopted under annex 24 of the TCA, which contains guidelines that will help to do this. We have had discussions with the European Commission to agree a detailed process for delivering recognition agreements through that framework.
Last year, BEIS established a dedicated recognition agreements team to provide guidance and support to regulators and professional bodies seeking to agree such arrangements. That includes arrangements agreed using the TCA process and those outside the TCA process. We have provided limited, targeted financial support to regulators seeking to achieve recognition agreements. The team has already provided guidance and support to regulators and professional bodies, both proactively and at their request, and it has published technical guidance on gov.uk on how regulators and professional bodies may seek recognition agreements, including through the TCA framework, and it will update the guidance to reflect the detailed process for the framework agreed with the Commission. I hope the hon. Member for Sefton Central is assured that we share the priority highlighted by new clause 4.
Although the hon. Member for Ceredigion (Ben Lake) is not pressing new clause 5, I will answer his points. New clause 5 would require the Government to seek the consent of the devolved Administrations when making regulations under the Bill that are in devolved legislative competence. As I said, the most likely use of concurrent powers would be to implement international agreements on professional qualifications, including relevant parts
of trade deals that are negotiated on a UK-wide basis. This amendment could limit the UK Government’s ability to implement provisions promptly and consistently on the recognition of professional qualifications in international agreements, which could jeopardise the Government’s credibility in seeking to secure ambitious agreements with global partners to support UK service exports.
I know there is no intention to diverge but, none the less, it is important that we keep to our international obligations in our timing and approach. We do not want to fall foul of those obligations inadvertently. Our approach is proportionate in addressing the devolved Administrations’ concerns and demonstrates the Government’s commitment to consultation and transparency.
Finally, on amendments 2 and 3, the assistance centre must work for the whole UK. The current service, the UK Centre for Professional Qualifications, has been successfully provided by a third-party supplier and offers support on a UK-wide basis. The devolved Administrations have never raised concerns about the service. The existing contract for the centre comes to an end in 2022, and we will work closely with our counterparts in the devolved Administrations as we consider provisions for a future service.
It is important to recognise that the service may continue to be provided by a third party, but legislating for the structure and make-up of the board of any future service would represent a degree of overreach. I do not believe there is a need to have such requirements in legislation. In fact, a statutory requirement could add unnecessary delays to the process of making provision for a future assistance centre, including any potential commercial process to tender for a future service at the expiry of the current contract. I hope the hon. Member for Richmond Park will accept my assurances on the Government’s intentions and approach and will not press the amendments.
Question put and agreed to.
New clause 1 accordingly read a Second time, and added to the Bill.