The next group of amendments relates to special procedures and licences. Amendment 22 is the lead amendment in this group, and I call on the Minister to move and speak to the lead amendment and the other amendments in the group. Rebecca Evans.

Amendment 22 (Rebecca Evans) moved.

The amendments in this group propose a series of changes to the part of the Bill creating a new licensing system for special procedures, namely body piercing, tattooing, acupuncture and electrolysis. I am encouraged that these proposals have attracted widespread general support, as they will provide important protections for the public who choose to have these procedures.

The first amendment in the group is the result of the careful consideration I have given to concerns raised by Rhun ap Iorwerth at Stage 2. These specifically related to the potential serious health implications of tattooing of the eyeball and the need to ensure this practice should only be carried out by appropriately qualified individuals.

In response to these concerns, I made a commitment to work with the Member to ensure the consultation on the mandatory licensing conditions captures tattooing of the eyeball to enable appropriate and proportionate safeguards to be put in place. Amendment 22 fulfils this commitment by putting it beyond doubt that mandatory licensing conditions can make provision about standards of competence relevant to performing a special procedure on a specific part of an individual’s body, such as an eye, including by reference to qualifications or experience.

It’s my intention that the consultation on the mandatory licensing criteria and conditions will seek views on the controls that should be put in place for special procedures, such as the tattooing of an eyeball, including controls linked to qualifications, competence and experience. The objective is that such a procedure should only be carried out if the practitioner is qualified and considered competent to do so.

To perform a special procedure without holding a licence to do so would be a criminal offence punishable by an unlimited fine. This is a better approach than the amendments proposed by Caroline Jones, which we will discuss in the next group. My amendments will provide a more flexible approach to address, through mandatory licensing criteria and conditions, any special procedure developed in the future that raises similar concerns.

Turning now to amendment 23: this is a technical amendment to make it clear that guidance issued by Welsh Ministers must cover matters to be taken into account when deciding whether, and to what extent, an applicant’s fitness to perform a special procedure has been called into question, as a result of their having a conviction for a relevant offence. This builds on changes that were made to the Bill at Stage 2 relating to relevant offences, and will help ensure a consistent approach across the Bill.

Amendments 25 and 26 in this group also seek to address important concerns raised by Angela Burns at Stage 2 about ensuring access to information for the public. The amendments clarify that a local authority must both maintain and publish its register of special procedure licences and approved premises and vehicles. This means that the local authority would have to produce and publish its register, for example on its website, rather than merely making it open for inspection by the public at its offices. It therefore helps ensure that up-to-date information about valid special procedure licences and premises approvals will be more accessible to those individuals considering having a special procedure.

Amendment 24 is a technical change that removes superfluous wording to add further clarity to section 65.

I thank the respective Members for highlighting important issues in relation to Part 3 of the Bill that are addressed in this group. I urge Members to support all of the amendments in the group.

We will be supporting all the amendments in this group. However, I wish to put on record that the Welsh Conservatives believe that no individual should be exempt from obtaining a licence if administering a special procedure. Therefore, that is why at Stage 2 we tabled amendments that sought to remove this exemption. If an individual does not have that specific regulated competence to do the procedure, in our view they should not be able to do so. This is consistent with much of the evidence given at committee stage, and recommendation 12 of the committee report, that the Bill should be amended so that there’s no provision for a blanket exemption on the face of the Bill for any healthcare profession. However, we do appreciate that in order for this Bill to remain within its devolved legislative competence, exemptions are needed to ensure that this legislation does not infringe on the medical regulatory bodies, such as the General Medical Council.

At committee stage, the Minister stated that she could confirm it’s her intention to carry out consultation with those regulatory bodies to determine whether each of the special procedures listed is within the scope of the professional practice of their members. The exemption is, therefore, subject to their regulatory body confirming that they are competent in the procedure they wish to perform, and if not they will be brought back into the licensing system through regulations and will be required to apply for a licence.

In our view, it is critical that the Minister does proceed with her consultations with regulatory bodies to ensure that only those who are most competent are undertaking these procedures for medical or surgical purposes. Therefore, amendment 22 as tabled strengthens this legislation to ensure that standards of competence are assessed prior to obtaining a licence. This has the potential to regulate a specialist area and procedures and make sure that they are being undertaken by competent and experienced individuals. Given the subject matter, I think it is very important that we do just that.

We will be supporting this group of amendments from the Government. Amendment 22 in particular reflects the concerns that I raised, as we heard from the Minister, during the Committee Stage in relation to the level of ability that we think is required for the tattooing of an eyeball. We proposed that only those registered with the General Medical Council, possibly, should be allowed to undertake such proceedings. You will see in the next group of amendments that Caroline Jones has tabled those amendments that I tabled during the Committee Stage, and the Minister referred to those. My intention, quite simply, was to seek assurances that we could restrict this tattooing, which has a high risk level. At Committee Stage, and then in discussion with Government, I do believe that I have received those assurances that I was seeking. I’m grateful for that. I’m also extremely pleased that I was able to raise this issue, and that it has been discussed, but having succeeded in gaining those assurances, I am happy to support these Government amendments rather than those in group 6.

I call on the Minister to reply to the debate. Rebecca Evans.

Thank you. I particularly thank Rhun ap Iorwerth for his support of the amendments within this particular group, reflecting the concerns that he raised at Stage 2, and also thank others who will be supporting these amendments. I would like to take this opportunity to confirm that I will be consulting with the professional bodies on the exemptions issue as a matter of priority, as confirmed at Stage 2.

The question is that amendment 22 be agreed to. Does any Member object? Amendment 22 is therefore agreed.

Amendment 22 agreed in accordance with Standing Order 12.36.

Amendment 23, Minister.

Amendment 23 (Rebecca Evans) moved.

Yes, formally.

The question is that amendment 23 be agreed to. Does any Member object? Amendment 23 is therefore agreed.

Amendment 23 agreed in accordance with Standing Order 12.36.

Amendment 24, Minister.

Amendment 24 (Rebecca Evans) moved.

Formally.

The question is that amendment 24 be agreed to. Does any Member object? Amendment 24 is therefore agreed.

Amendment 24 agreed in accordance with Standing Order 12.36.

Amendment 25, Minister.

Amendment 25 (Rebecca Evans) moved.

Formally.

The question is that amendment 25 be agreed to. Does any Member object? Amendment 25 is therefore agreed.

Amendment 25 agreed in accordance with Standing Order 12.36.

Amendment 26, Minister.

Amendment 26 (Rebecca Evans) moved.

Yes, formally.

The question is that amendment 26 be agreed to. Does any Member object? Amendment 26 is therefore agreed.

Amendment 26 agreed in accordance with Standing Order 12.36.