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Farriers’ Qualification (European Recognition) Regulations 2008

My Lords, we have had discussions in the past couple of days about this. I asked these questions, because they are important. I said, ““What about the Irish situation, given the importance of the bloodstock industry to them?””. I was told that it was somewhat different, as the noble Lord has just indicated. No one has complained about that. I understand the concerns expressed about the provision. In fact, my collar was felt about two months ago by my noble friend Lord Donoughue on this very issue before it was even a blip on the horizon. I had long since signed off the Explanatory Memorandum the year before, but I went to find out about it. I want to see if I can put those concerns to rest because we take them seriously, particularly those about animal welfare. There is no way we would countenance any diminution of animal welfare. We are satisfied that the directives provide adequate safeguards. I shall come to that in a moment. I have answered Parliamentary Questions from the noble Lord, Lord Willoughby de Broke, and the noble Baroness, Lady Byford, in some detail. One of those Answers indicated that there was an advantage for animal welfare in bringing in these regulations. We have to take care—this is the bit that is expected—that domestic legislation complies with European law. This all goes back to the European Communities Act 1972, as I recall from my early years when I was opposing it. I do not now; I support it. Subject to certain safeguards, someone legally established to practise farriery in another member state can provide the same service in the UK on a temporary basis. I emphasise that because it is important. The UK is obliged to implement directive 2005/36/EC on the recognition of professional qualifications, which goes right across the professions. That works both ways for people in this country. Some of the measures suggested by UK farriers for strengthening the safeguards are simply not permitted under the directive. For example, we cannot require a service provider to undertake a practical test of their competence. Checks can be made with contact points and competent authorities in other member states about the provider’s legal establishment or the relevance to farriery of his professional qualifications, but access to farriery on a temporary basis cannot be delayed or complicated in any way if the person has provided all the required documentation—that is, to prove that they are legally conforming and operating as a farrier in the other member state.