7. The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

Part of the debate – in the Senedd at 4:46 pm on 26 March 2019.

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Photo of Julie Morgan Julie Morgan Labour 4:46, 26 March 2019

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.