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Legislative Consent Memorandum for the Professional Qualifications Bill

Letter from Convener of the Health, Social Care and Sport Committee to Convener of Economy and Fair Work Committee, 24 September 2021

Dear Convener,

Legislative Consent Memorandum for the Professional Qualifications Bill

I am writing in relation to the above Legislative Consent Memorandum, which your Committee is currently considering and in advance of your Committee taking evidence from the Cabinet Secretary for Finance and the Economy at its meeting on 29 September.

As you will be aware, the Bill would set up a framework which allows issues around the mutual recognition of qualifications to be dealt with via regulations on a profession by profession basis. Since the legislation covers professions that are within the regulatory competence of the Scottish Parliament and includes certain categories of health and social care staff, the Health, Social Care and Sport Committee takes an active interest in this Legislative Consent Memorandum.

Having discussed the matter, I am writing to register the Health, Social Care and Sport Committee’s concern that the Professional Qualifications Bill, as currently drafted, would allow the UK Secretary of State to make regulations in areas of devolved competence without the prior consent of the Scottish Government.

The Committee has heard recent evidence of the significant workforce planning and recruitment challenges currently facing Scotland’s health and social care workforce as it seeks to recover from the impact of the COVID-19 pandemic. In this context, the Committee would have serious concerns if the exercise of the regulation-making powers conferred on UK Ministers by the Professional Qualifications Bill were, even unintentionally, to contradict or interfere with the Scottish Government’s strategy for tackling these challenges in future. The Committee envisages that there is a risk of this happening by virtue of UK Ministers exercising the regulation making powers conferred by the Bill in areas of devolved competence without prior consultation with, and consent from, the Scottish Government.

I would be grateful if your Committee is able to reflect these particular concerns when asking questions to the Cabinet Secretary for Finance and the Economy about the Legislative Consent Memorandum on 29 September.

Given its active interest in this area of policy, I would also like to request that the Health, Social Care and Sport Committee be kept updated of any further significant developments as the Economy and Fair Work Committee considers the detail of this Legislative Consent Memorandum over the coming weeks.

Yours sincerely,

Gillian Martin MSP

Convener, Health, Social Care and Sport Committee