Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019

A second route, known as “general systems”, provides for recognition for EEA or Swiss nationals who do not have an approved qualification. The applicant is offered compensation measures, such as the opportunity to undertake additional training to make up any differences in qualification. This is a long and costly process which on average only four people across all these countries pursue annually. The third route facilitates the temporary or occasional provision of service. This allows EEA or Swiss professionals to work in the UK in a regulated profession on a temporary basis while remaining established in their home state. Typically, fewer than 20 EEA and Swiss architects pursue this option at any one time.

If the UK leaves the EU without a deal, the mutual recognition of professional qualifications directive will no longer apply in the UK. The 2019 regulations, which were made on 28 March, ensure that UK architect practices can continue to recruit the best European talent and maintain their global reputation as world leaders by preserving the main route to recognition. The mutual recognition of professional qualifications directive was extended by what is commonly referred to as the free movement of persons agreement between EU member states and Switzerland, allowing Swiss nationals to benefit from the recognition routes described. Due to the requirement of the European Communities Act powers to include Swiss qualifications, which exist only as long as the UK is a member state, we assessed that there was a substantial risk that all EEA-qualified architects wishing to register in the UK would be without legislative cover if the 2019 regulations were not made before 29 March. However, the extension to exit day has allowed us extra time to lay legislation to provide parity between EEA and Swiss-qualified architects in a no-deal scenario, as exists currently.

The policy intention is to provide the sector with confidence that all applicants can register in the same way after exit day as currently. This is the approach favoured by the sector, which recognises the skills brought by EEA and Swiss architects as contributing positively to the UK’s reputation as a world leader in architecture. The approach of continued recognition also received support in debates for the 2019 regulations. The instrument allows applications made before exit day to be concluded under the current system as far as possible. For future applications, it will freeze the current list of approved qualifications in the EU’s mutual recognition of professional qualifications directive. As a result, after EU exit in a no-deal scenario, an individual holding an approved EEA or Swiss qualification will be able to join the UK register of architects if they have access to the profession of architect in their home state. Through this legislation, this process will be open to anyone with a Swiss qualification and access to the profession in Switzerland, regardless of their citizenship.

We will remove general systems as a route to registration, as this is a long and costly process and is not utilised often. It places significant, unnecessary burden on individuals and the Architects Registration Board. Applicants without an approved qualification will therefore be able to register via the route utilised currently by third-country nationals.

This instrument does not change any part of the 2019 regulations; it simply extends the provisions to include Swiss qualifications. Although the number of Swiss architects registering in the United Kingdom is low—only 77 over the last 10 years, less than 1% of total recognition decisions via this route—we felt it was imperative to preserve the rights that Swiss-qualified architects currently enjoy and to provide parity between EEA and Swiss-qualified architects.

In summary, these regulations—alongside those made on 28 March—serve a very specific purpose: to prioritise stability and certainty if the United Kingdom leaves the EU without a deal or an implementation period by ensuring that EEA and Swiss-qualified architects can continue to register and practise in the United Kingdom. These regulations ensure that the United Kingdom continues to have access to Swiss talent after we have left the EU, thereby helping to maintain the UK’s reputation as a global leader in architectural services. Thereafter, they provide a stable basis for Parliament to change the law where it is in the United Kingdom’s best interests to do so.

In conclusion, this instrument is necessary to ensure that the Architects Act continues to function appropriately if the UK leaves the EU without a deal and an implementation period. I hope colleagues will join me in supporting the regulations; I commend them to the House.

I would be grateful if the Minister would check with his private office how many legislative proposals, consultation responses and consultation launches that have been previously announced as coming “shortly”, “in the spring”, or “by the summer” are currently outstanding and queueing for the attention of this House, while we spend our time—waste our time, I say—on statutory instruments dealing with a fantastical no deal that we all know is never going to happen.