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Farriers’ Qualification (European Recognition) Regulations 2008

My Lords, I congratulate the noble Lord, Lord Addington, on his diligence in researching this matter and on pressing for time to have a debate on it, because the House ought to consider it. I should declare an interest, because my daughter is a veterinary surgeon involved in equine reproduction. I have no financial interest, merely a concern for the welfare of horses generally. When I first looked at this issue, I was struck by the way that the European directive operated. I have complained on many previous occasions that the Government go around gold-plating European directives. This seems to be the other side of the coin. The directive’s effect is actually to undermine the position with regard to the regulation of farriers. The other thing that surprised me somewhat was the way in which the matter had apparently been looked at by our statutory instruments committee, which decided that there was nothing of particular interest to which it should draw attention. The reason for that is probably to be found in the memorandum produced and submitted to that committee, which is available to your Lordships. On the policy background, it stresses strongly that the purpose of the Farriers (Registration) Act, "““is primarily to prevent and avoid suffering by and cruelty to horses arising from the shoeing of horses by unskilled persons””," and, "““to establish a Council to regulate and register persons engaged in farriery””." However, the memorandum does not indicate the kind of concern that has been expressed this evening. If I understand it correctly, the main concern is that whereas we have a regulatory system which requires people to undergo training and, effectively, to have qualifications, it is proposed that those from other parts of the European Union with no more than a number of years’ experience can carry out permanently the task of a farrier. Indeed, if they are to do that on a temporary basis, they will need only two years’ experience. Experience is no guarantee of competence; they may have gone around other European countries for that period and been grossly incompetent. None of that emerges from the Explanatory Memorandum, which contains a very strange paragraph that points out that there have been consultations with various bodies involved with these issues. It states: "““Concerns raised during consultation on these Regulations centred on the level of competence of temporary service providers. In particular, that the Directive significantly undermines the progress made since the introduction of the FRA in ensuring that all those who carry out farriery in GB have been properly trained and have passed a test of competence as a pre-condition to registration””." So far, so good. The memorandum continues: "““However the FRC accepted that the introduction of provisions for the registration of temporary service providers was the best way of handling applicants wishing to provide services on a temporary basis””." That is a total non sequitur. The memorandum reflects the fact that concern has been expressed but in no way states how it is to be resolved. Apparently, we have gone along with the proposals in the directive and are implementing it in a way involving dangers that both previous speakers have pointed out. Surely we ought to have an arrangement whereby those who deal with horses in this way are suitably qualified and are subject to registration. The other matter of concern is that apparently the regulation specifies that no charge may be made for registration. In that case, perhaps the Minister can explain how the process of registration is to be financed. At the moment, that is not at all clear. Effectively, we should ask the Government where they stood when the negotiations on this directive took place. Were they involved in its drafting? If so, did they support the position that is now in the directive or did they oppose it but were outvoted so that we are now stuck with it? I hope that the Minister can explain the position. Surely we should go back to the drawing board and rethink the matter. It is not satisfactory that unqualified people should be able to register and then practise, with all the dangers that noble Lords who have already spoken have pointed out.