Draft Recognition of Professional Qualifications (Amendment Etc.) (EU Exit) Regulations 2018

Chi Onwurah Excerpts

Monday 4th February 2019 General Committees

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Gary. I will not attempt to out-do the Minister, who is famous throughout the House for his courtesy and compliments, but it is a real honour to be in this Committee.

I am less happy about the fact that we are discussing a statutory instrument that would make provision for the regulatory framework after Brexit in the event that we crash out without a deal. On the many occasions that we have had these discussions so far, my Labour colleagues and I have spelled out our objections to this Government’s approach to secondary legislation. Many of my shadow ministerial colleagues have made clear that the volume and flow of European Union exit secondary legislation is deeply concerning for accountability and proper scrutiny. The Government have assured the Opposition that no policy decisions are being taken. However, establishing a regulatory framework, for example, inevitably involves matters of judgment and raises questions about resourcing and capacity.

Secondary legislation ought to be used purely for technical, non-partisan, non-controversial changes, because of the limited accountability it allows. Instead, this Government continue to push through contentious legislation with high policy content via this vehicle. As legislators, we have to get it right. These draft regulations could represent real and substantive changes to the statute book. As such, they need proper, in-depth scrutiny. In that light, the Opposition put on record our deepest concerns that the process regarding these draft regulations is not as accessible, transparent or well scrutinised as it should be.

This statutory instrument deals with what would happen in the event of a no-deal Brexit. Labour believes a no-deal Brexit would risk huge damage to our economy, jobs and living standards. The vote last week shows that a majority in Parliament agree. Labour has called on the Government to take no deal off the table. I welcome the regulations’ transitional provisions to ensure certainty for individuals who have already had their qualifications recognised and for those who have already submitted an application. The General Medical Council said:

“this SI provides us with the necessary transitional arrangements to avoid any legal vacuum for applications made or actions begun but not yet completed by 29 March 2019, thus providing legal certainty for both regulators and professionals during this time.”

As the Minister set out, the regulations amend the European Union (Recognition of Professional Qualifications) Regulations 2015, which currently apply only to EEA and Swiss nationals. After the UK leaves the EU, it will no longer be appropriate to retain preferential treatment for EEA and Swiss nationals, so the SI means that individuals from third countries will be treated the same as those from the EEA and Switzerland when recognising professional qualifications. It also makes the primary consideration the country where the qualification was obtained, not nationality; the amended regulations will apply to anyone who holds an EEA or Swiss qualification and will no longer apply to third-country qualifications held by EEA or Swiss nationals.

The 2005 directive, which the Minister referred to, is a central component of freedom of movement as it allows EEA and Swiss nationals to have their professional qualifications recognised in other EEA states and Switzerland, allowing professionals to work abroad. Qualifications including chartered certified accountant, chartered engineer, and chartered surveyor are all subject to a system that requires regulators to recognise qualifications if they are considered equivalent to the same or similar UK qualifications. If they are not, the regulator must offer compensation measures or partial access if feasible. The draft regulations remove those obligations, allowing regulators to decide for themselves the application process, whether to grant access for equivalent qualifications and whether to put in place any compensation measures.

I have been in contact with various professional associations, including the General Medical Council, the Law Society, the Institute of Chartered Accountants in England and Wales and the Engineering Council. I am pleased to report that the Government have been in consultation with them, too. The Engineering Council welcomed the draft regulations and said that

“taken as a whole, these provisions would allow the UK to maintain the flow of competent engineering professionals who wish to be recognised in the UK while providing realistic safeguards.”

Those associations broadly support these changes, although some flagged potential issues, which I will turn to in a moment.

First, I will make what may be a declaration of interest. Before I came to the House, I was a professional. I have a professional qualification as a chartered electrical engineer. In that capacity, I worked all over the world, including in the European Union but also in the United States, Nigeria and other countries. Engineers, as well as chemists, accountants, lawyers and other professionals, are often highly mobile. Being able to work abroad not only allows them to develop their careers and have exciting opportunities but benefits the UK when they return, bringing back skills, knowledge and networks. There are many British professionals—lawyers who advise clients in Brussels on European Union law or work on global investigations, for example—whose job involves criss-crossing the channel.

Although what regulators in other countries decide to do is beyond the scope of the draft regulations, giving regulators freedom to choose the regulation process and which qualifications are equivalent may lead to accusations of unfairness or to European regulators refusing to recognise British professional qualifications in retaliation. The Institute of Chartered Accountants in England and Wales warned me:

“Elements of the SI are open to interpretation. A UK regulator could refuse an EEA applicant by saying the EEA qualification is not equivalent in some way. There is a chance that EU members states will notice this and potentially do the same in their provisions for considering UK nationals/UK qualification holders.”

What discussions has the Minister had with EEA and Swiss regulators about the recognition of UK professional qualifications?

The UK benefits from having access to a wide pool of professionals from Europe and beyond, so I welcome the fact that the draft regulations would open up access to third-country professionals. Several British industries rely on access to professionals from Europe and across the world, and we must avoid having a shortage after we leave the European Union. The draft regulations give individual regulators the power to introduce their own application processes. It is vital that those processes do not become too difficult or expensive and leave us with a deficit of highly skilled workers.

If regulators are unable to secure co-operation with EEA and Swiss regulators, responsibility for obtaining relevant documents may fall to applicants. That would put an additional burden on applicants and may prolong and complicate the application process, potentially dissuading talented individuals with the skills we need from coming to work in the UK. What discussions has the Minister had with regulators about the ease of future recognition processes for applicants and the protection of certain professions, such as engineer, that currently are not protected in EU law but are protected in certain European countries? I do not advocate that; I just wonder whether he has considered it.

As the Minister mentioned, once we leave the EU we will lose access to the internal market information system—the IMI—and the alert mechanism, which enables regulators to exchange information about applications and qualifications, and notify other states of professional or criminal sanctions and of professionals whose activities have been restricted or prohibited. This statutory instrument encourages regulators to communicate voluntarily with EEA and Swiss regulators. Regulators will have to request documents confirming the applicant’s fitness to practise and professional standing. It is vital that good co-operation is secured among regulators so UK regulators have full access to all the information they need to determine whether a person is allowed to work in sensitive positions—for example, as a solicitor or accountant.

What discussions has the Minister had with EEA and Swiss regulators about their willingness to co-operate with UK regulators on the sharing of information and documents? Finally, what discussions has he had with EEA and Swiss regulators about their willingness to co-operate with UK regulators to notify them of an individual’s professional or criminal sanctions?

--- Later in debate ---

[Richard Harrington]

There is quite a bit to be going on with; I shall do my best.

First, I must politely not accept the shadow Minister’s view that this is the wrong vehicle for the process. I perceive it as necessary; there are many SIs like it. I accept the hon. Lady’s fundamental point, but on other Committees we have discussed the subject and deem this to be the only available vehicle to achieve our objective which, as she and other speakers mentioned, is to have as much continuity as possible, given that we are leaving the European Union.

I agree entirely with what the shadow Minister said about a hard Brexit—crashing out—causing huge damage to the economy and to living standards, and I hope that she and her colleagues will consider that and vote for the Prime Minister’s deal when it comes back to the House, because most of it is in the areas that she, I and others have talked about. I do not accept the view of my hon. Friend the Member for Amber Valley that that would be a clean Brexit. I think it would be the dirtiest of Brexits. I am in favour of a clean one: a sensible transition period and then a sensible arrangement, so that for most of the business we do it is business as usual. That is what I call a clean Brexit. On the valid point my hon. Friend made about reciprocal rights, we are unilaterally recognising EEA and Swiss qualifications to mitigate the immediate impact of a no-deal exit, because it ensures the very continuity that anyone would want.

The shadow Minister made some good points about how much this country has benefited from people coming not just from the European Union but from all over the world, and vice versa—many people go to Switzerland and other countries to work, in the way that they should. What we have suggested at least means that we will have a system in place on exit day that recognises professional qualifications and that retains the essential parts of the current situation.

On meetings with the regulators about future recognition processes, I have not met the regulators—I do not want to give the impression that I have—but my officials have met them regularly. We reached the conclusion, as the hon. Member for Newcastle upon Tyne Central said, that on the whole, they support the changes. None of them anticipate extensive future burdens on applicants, which would be a very bad part of the system if they were to happen.

That also applies to our engagement with the devolved Administrations through regular meetings. The Department has had technical discussions about the proposed amendments to the regulations and how the policy approach and proposed amendments could have an impact on service provision in the devolved nations. I would not like any Committee member to think that that had been forgotten about or that we were just telling Edinburgh, or anywhere else for that matter, “This is what we are doing.” I hope that that has been fed back to the hon. Member for Central Ayrshire, who has excellent connections with the Scottish Government. We have not picked up anything adverse and I am sure she would be the first to bring something to our attention.

On the point about our professionals not automatically being able to work in the EU or EEA afterwards, because obviously we are giving unilateral rights, the European Commission has previously published guidance on that. Decisions made by another EU member state before exit day about the recognition of our professionals will not be affected by our withdrawal from the EU, but the Commission has advised holders of UK qualifications living in the EU to obtain recognition in an EU27 member state before exit. The Commission will ask member states to consider pending applications made by UK nationals before exit day as if we were still a member state.

In a no-deal scenario, the recognition of qualifications will be assessed under host member state rules. In that scenario, after exit day, our nationals will not be able to provide temporary and occasional professional services as they previously could under the directive, but that will be subject to their host members state’s laws and regulatory frameworks.

[Chi Onwurah]

Just to clarify, given that British citizens living in the European Union will be required to regularise their professional qualifications, does the Minister envisage that there could be circumstances in which they would not be able to continue working without doing so?

[Richard Harrington]

I envisage that there could be those circumstances, depending on the individual EU member state, as I explained, but I have every reason to believe that there will not be. The only way that that could not happen is for there to be no crashing out and for there to be a proper arrangement, which I am sure everybody wants to be the case. The hon. Lady has made valid point; I would not say it was a ridiculous point.

[Richard Harrington]

I am not sure of the answer to that, so I will drop the hon. Lady a note about it tomorrow, if that is acceptable. If she wishes to discuss it further, I would be happy to do so.

[Chi Onwurah]

It would be desirable if the Minister could ask his officials to look at the potential for those circumstances and the two or three areas that would need to follow, which would be to identify where UK citizens working in the European Union might be and to alert them to that potential, and to do some kind of impact assessment—or at least to write to me to say whether he considers that that needs to be done.

[Richard Harrington]

An off-the-cuff response—I know one should not give off-the-cuff responses—would be that given the current European Union regulations, and given that there is not a registration procedure at the moment, I do not know how we would know which UK nationals were working abroad. However, that is just an off-the-cuff answer, and the hon. Lady is probably going to tell me that I am completely wrong.

[Chi Onwurah]

I would never put it quite like that. What I would say is that my concern is not to identify the particular individuals, but the professions and the circumstances in which this situation might occur.

[Richard Harrington]

I apologise for my misunderstanding. I understand exactly what the hon. Lady is saying, and I will happily clarify that issue for her in the next day or so, if that is acceptable.