Architects Act 1997 (Swiss Qualifications) (amendment) (EU Exit) Regulations 2019

Tanmanjeet Singh Dhesi Excerpts

Thursday 9th May 2019 General Committees

[The Minister for Housing (Kit Malthouse)]

I beg to move,

That the Committee has considered the Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019 (S.I., 2019, No. 810).

The regulations were made on 5 April 2019. They are part of the Government’s programme of legislation to ensure that, should the United Kingdom leave the European Union without a deal or implementation period, there continues to be a functioning legislative and regulatory regime.

On 28 March, we—including some of us in this room—amended the Architects Act 1997 to continue to recognise European economic area-qualified architects in a no-deal scenario. This statutory instrument extends those provisions to Swiss-qualified architects. Leaving the EU with a deal remains the Government’s priority—that has not changed—but the responsible thing to do is to make the necessary no-deal preparations, to ensure that the country is prepared for every eventuality.

The regulations are made using powers under the European Union (Withdrawal) Act 2018 to fix legal deficiencies in retained EU law to reflect that the UK will no longer be an EU member state after exit day. The regulations also use powers in the European Communities Act 1972 to implement EU legislation in domestic legislation, which are available only as long as the UK remains a member state.

As stated previously, the architectural sector is a global leader and plays a significant role in the British economy, with an export surplus of £437 million in 2015 and involvement in key global projects such as Vessel in New York and Pulkovo airport in St Petersburg. That is a position that we want to protect and enhance over the coming years by ensuring that UK architect businesses continue to have access to the brightest and best talent available.

I will provide some context and background to the regulations, including a description of our earlier statutory instrument amending the Architects Act in a no-deal scenario. As I explained on 14 March, in the debate on the then draft Architects Act 1997 (Amendment) (EU Exit) Regulations 2019, the mutual recognition of professional qualifications directive enables the recognition of qualifications obtained in other member states. That applies to EEA and Swiss nationals, and includes the recognition of suitably qualified architects. The arrangement is reciprocal, allowing UK and other EEA or Swiss nationals the opportunity easily to register to practise across Europe and Switzerland, and allows UK practices to recruit the best European and Swiss talent.

The Architects Act 1997 sets out the specific procedures for registering as an architect in the UK. The registration of EEA and Swiss architects is carried out by the competent authority, the Architects Registration Board, which is an arm’s length body of my Department. There are three routes to recognition for EEA or Swiss architects wishing to register in this country. Their main route to recognition in the UK is through an automatic recognition system. To qualify for automatic recognition, an EEA or Swiss national needs to meet three tests: an approved qualification, which means one listed in annex V to the mutual recognition of professional qualifications directive; access to the profession of architect in an EEA member state or Switzerland; and a statement from their home competent authority to confirm that they are fit to practise.

A second route, known as “general systems”, provides for recognition for EEA and Swiss nationals who do not have an approved qualification. The applicant is offered compensation measures—that is, the opportunity to undertake additional training to make up any differences in qualification. It is a long and costly process, which on average only four people pursue annually. The third route facilitates the temporary or occasional provision of service. It allows EEA or Swiss professionals to work in the UK in a regulated profession on a temporary basis, while remaining established in their home state. Typically, fewer than 20 EEA or Swiss architects pursue that option at any one time.

If the UK leaves the EU without a deal, the mutual recognition of professional qualifications directive will no longer apply in the UK. The 2019 regulations made on 28 March ensure that UK architectural practices will continue to be able to recruit the best European talent and maintain their global reputation as world leaders in the field of architecture by preserving the main route to recognition.

The mutual recognition of professional qualifications directive was extended by what is commonly referred to as the agreement on the free movement of persons between the EU member states and Switzerland, which allowed Swiss nationals to benefit from the recognition routes described. Due to the requirement of the European Communities Act powers, which exist only as long as the UK is a member state, to include Swiss qualifications, we assessed that there was a substantial risk that all EEA-qualified architects who wish to register in the UK would be without legislative cover if the 2019 regulations were not made before 29 March. However, the extension to exit day has allowed us extra time to lay legislation to provide parity between EEA and Swiss-qualified architects, as currently exists, in a no-deal scenario.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

I thank the Minister for highlighting the various qualifications and regulations with regard to the Architects Act. Can he confirm whether there will be any watering down of the regulations in place between the UK and the EU post Brexit?

[Kit Malthouse]

I am coming to that. If the hon. Gentleman will bear with me, I will explain the effect of the instrument.

The policy intention is to provide the sector with confidence that almost all applicants can register in the same way after exit day as they do currently. That is the approach favoured by the sector, which recognises that the skills brought by EEA and Swiss architects contribute positively to the UK’s reputation as a world leader in architecture. The approach of continued recognition also received support in the debates on the 2019 regulations.

The instrument allows applications made before exit day to be concluded under the current system as far as possible. For future applications, it will freeze the list of approved qualifications in the EU’s mutual recognition of professional qualifications directive. As a result, after EU exit, in a no-deal scenario, an individual holding an approved EEA or Swiss qualification will be able to join the UK register of architects if they have access to the profession of architect in their home state. Through the legislation, that process will be open to anyone with a Swiss qualification and access to the profession in Switzerland, regardless of citizenship.

We will, however, remove general systems as a route to registration, as that is a long and costly process that is not often utilised. It places a significant and unnecessary burden on individuals and the Architects Registration Board. Therefore, applicants without an approved qualification will be able to register via the route currently utilised by third-country nationals.

The instrument does not change any part of the 2019 regulations, but simply extends the provisions to include Swiss qualifications. Although the number of Swiss architects registering in the UK is low—77 in the last 10 years—and accounts for less than 1% of the total recognition decisions via that route, we felt that it was imperative to preserve the rights that Swiss-qualified architects enjoy and provide parity between EEA and Swiss-qualified architects.

The regulations, alongside those made on 28 March, serve a specific purpose to prioritise stability and certainty if the UK leaves the EU without a deal or an implementation period by ensuring that EEA and Swiss-qualified architects can continue to register and practise in the UK. The regulations ensure that the UK will continue to have access to Swiss talent after we have left the EU, thereby helping to maintain the UK’s reputation as a global leader in architectural services. Thereafter, they provide a stable basis for Parliament to change the law, where it is in the UK’s best interest to do so.

To conclude, the instrument is necessary to ensure that the Architects Act continues to function appropriately if the UK leaves the EU without a deal or an implementation period. I hope that hon. Members will join me in supporting the regulations, which I commend to the Committee.