That brings us to item 7, the Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019. I call on the Deputy Minister to move the motion. Julie Morgan.

Motion NDM7007 Rebecca Evans

To propose that the National Assembly for Wales; in accordance with Standing Order 27.5:

1. Approves that the draft The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019 is made in accordance with the draft laid in the Table Office on 05 March 2019.

Motion moved.

Thank you very much. I move the motion.

This instrument makes amendments to the Regulation and Inspection of Social Care (Wales) Act 2016 relating to the regulation of European Economic Area, EEA, and Swiss social workers and social care managers in Wales and to exclusions affecting the scope of regulated advocacy services, so that the Act operates effectively after exit date, if the United Kingdom leaves the European Union without an agreement.

Currently, the free movement of prescribed professionals across the EEA and Switzerland is facilitated by EU directives that set out a reciprocal framework of rules for the recognition of professional qualifications. Following the UK's exit from the EU, the EU directives will no longer apply to social workers and social care managers in Wales or the UK. As a result, this instrument removes from the 2016 Act each of the references to the reciprocal arrangements for the recognition of professional qualifications under the EU directives.

In the event of 'no deal', after exit day individuals with EEA and Swiss qualifications may seek recognition of their qualifications through the existing international registration system of Social Care Wales, SCW, the social care workforce regulator in Wales. As is currently the case for international applicants, EEA and Swiss qualifications will be assessed against the equivalent UK qualification standards for social care professionals, and if they are found to be comparable, Social Care Wales will be required to recognise the qualification, with no additional tests to an applicant's practical skills. SCW will still be able to check an applicant's language skills and whether there are concerns about their fitness to be registered.

In cases where a qualification is not comparable, SCW will have discretion as to how it proceeds with the recognition process. There will be no obligation to offer compensatory measures where a qualification is not comparable to the UK qualification standard, as was previously the case under the EU directive. This instrument also makes minor amendments to the 2016 Act relating to exclusions affecting the scope of regulated advocacy services.

I call on Suzy Davies to speak on behalf of the Constitutional and Legislative Affairs Committee.

Diolch, Llywydd. These regulations were considered as proposed negative regulations by the Constitutional and Legislative Affairs Committee on 12 February, and we recommended uplift to the affirmative procedure because of the significant extent to which they amend primary legislation, mainly the Regulation and Inspection of Social Care (Wales) Act 2016. We therefore welcome the Welsh Government's acceptance of that recommendation.

We then considered these regulations at our meeting on 18 March and reported a technical point to the Assembly under Standing Order 20.21. We suggested that regulations appear to remove a reciprocal arrangement of a kind mentioned in section 8(2) of the European Union (Withdrawal) Act 2018, and if that was the case, paragraph 4 of Schedule 2 to that 2018 Act said that Welsh Ministers have no power to make the regulations unless they have consulted with the Secretary of State. Now, there was no indication at that stage that any consultation had taken place in either the preamble to the regulations or in the explanatory memorandum. That is why we questioned whether the Welsh Ministers could make the regulations.

In its response, Welsh Government confirmed that the regulations themselves do not remove a reciprocal arrangement of the kind mentioned in section 8(2) of the 2018 Act. They explained to us that it is the fact of the UK leaving the European Union on exit day that causes the reciprocal arrangements under EU law to cease to apply in Wales, and that the references to the reciprocal arrangements in these regulations therefore needed to be removed from the Regulation and Inspection of Social Care (Wales) Act 2016. As such, the Welsh Government explained that the regulations therefore only correct deficiencies in the 2016 Act arising as a result of the UK leaving the European Union, and they do not in themselves remove the reciprocal arrangements. Thank you, Llywydd.

There are no further speakers. The Deputy Minister wishes to respond.

Yes, thank you for your contribution. These regulations do correct deficiencies arising as a result of the UK's withdrawal from the EU, and ensure that the Regulation and Inspection of Social Care (Wales) Act 2016 will continue to operate effectively in the event of a 'no deal' Brexit. I am pleased to be able to put this to the affirmative process, as recommended by the committee, so I urge you to approve them.

The proposal is to agree the motion. Does any Member object? No, the motion is therefore agreed. 

Motion agreed in accordance with Standing Order 12.36.