The
Committee consisted of the following
Members:
Chairman:
Mr.
Eric
Illsley Benyon,
Mr. Richard
(Newbury)
(Con)
Brown,
Mr. Russell
(Dumfries and Galloway)
(Lab)
Dobson,
Frank
(Holborn and St. Pancras)
(Lab)
Gardiner,
Barry
(Brent, North)
(Lab)
Gray,
Mr. James
(North Wiltshire)
(Con)
Griffith,
Nia
(Llanelli) (Lab)
Jackson,
Glenda
(Hampstead and Highgate)
(Lab)
Keen,
Alan
(Feltham and Heston)
(Lab/Co-op)
Linton,
Martin
(Battersea)
(Lab)
McDonagh,
Siobhain
(Mitcham and Morden)
(Lab)
Paice,
Mr. James
(South-East Cambridgeshire)
(Con)
Redwood,
Mr. John
(Wokingham)
(Con)
Shaw,
Jonathan
(Parliamentary Under-Secretary of State for
Environment, Food and Rural
Affairs)Shepherd,
Mr. Richard
(Aldridge-Brownhills)
(Con)
Webb,
Steve
(Northavon)
(LD)
Williams,
Mr. Roger
(Brecon and Radnorshire)
(LD)
Chris Shaw, Committee
Clerk
attended the
Committee
Sixth
Delegated Legislation
Committee
Thursday 12
June
2008
[Mr.
Eric Illsley in the
Chair]
Farriers Qualifications (European Recognition) Regulations 2008
8.55
am
Mr.
James Paice (South-East Cambridgeshire) (Con): I beg to
move,
That
the Committee has considered the Farriers Qualifications
(European Recognition) Regulations 2008 (S.I. 2008, No.
646).
I
am pleased to serve under your chairmanship again, Mr.
Illsley. The issue raised by the regulations is far more important than
perhaps the Government recognise. When the regulations were debated
last week in the other place, Lord Rooker made the point at the outset
of his remarks that they had been in force since 19 October
2007. That the Government brought in the regulations without any
reference to this House is not something of which they should be proud,
so we sought, by the usual process of a prayer, the debate that is now
taking place but which is long overdue. We wanted the debate because
the Government have not taken fully on board the potential impact of
the regulations on animal welfare and even human
safety.
I
shall start by reminding the Minister and the rest of the Committee of
the significance of the regulations to horses. Representing a
constituency that surrounds Newmarket, I obviously have a particular
constituency interest in the racing industry, of which farriery is a
huge part. In my area, 7,000 jobs depend on the racing sector. I do not
pretend that a large number of the people who hold those jobs are
farriers, but farriers are an integral part of preparing a horse for
racing. Of course, thousands of horses throughout the country are kept
for other pursuitshacking out, riding, use by riding schools
and many other equestrian
activities
Mr.
James Gray (North Wiltshire) (Con):
Hunting.
Mr.
Paice: And hunting, within the law of course. All
those activities require competent and professional farriery. There are
estimated to be approaching 1.4 million horses in this
country. I hope that even those who have never been near a horse will
appreciate that if a horses feet are not right, the horse is
useless. I emphasise that farriery is not just a case of nailing a
piece of metal to a horses hoof. A significant degree of
veterinary skills is involved in managing a horses
hoof, keeping it in good order and cleaning it, and the horses
hoof contains some of the most sensitive parts of the animal. The frog,
in the middle of the hoof, is an extraordinarily sensitive part of the
anatomy. If that is in any way damaged, the horse can become
temporarily or, quite easily, permanently lame, and a lame horse is
pretty useless.
Obviously, it
is an animal welfare issue if a horse is caused to become lame. There
is a significant economic loss because the owner cannot use the horse
for whatever purpose was intended. As I have described, many horses are
kept for economic purposes. However, there is also a human safety
issue, because if the animal is lame or it has been badly shoed or the
foot badly trimmed with the result that the horse could suddenly become
lame, there is a serious risk of the rider being thrown off the horse
or, if the horse is on a road, of it causing an accident, because a
sudden wince of pain in a horse will cause it to do various things that
might not be expected of it. There is, therefore, a serious issue of
health and
safety.
I
shall explain the nub of the problem that has given rise to the debate.
It goes way back to the time when the relevant list of professions was
devised by the Department for Innovation, Universities and
SkillsI think that it was called something else at the time. It
devised a list of activities under the European regulation that
involved public health and safety. That list of professions, which
included obvious things such as doctor and dentistI shall come
back to some of the otherswas to be treated totally differently
in respect of temporary workers from elsewhere in Europe and
particularly in respect of the need for recognition of qualifications.
One cannot come into this country to practise as a vet, for example,
without a qualification that is mutually recognised across
Europe.
Mr.
Gray: My hon. Friend makes an important point about who is
and who is not qualified. Is he aware that veterinary nurses, many of
whom are extremely well qualified, senior people, but, none the less,
not quite as central to a horses well-being as a farrier, have
to be qualified whereas farriers do not? Is not that difference between
the two
strange?
Mr.
Paice: I was about to come to that point. My hon. Friend
is right: veterinary nurses are included in the list of activities and
professions involving public health and safety. What is even more
important is that when the draft list was produced by the Department
for Innovation, Universities and Skills, it included farriers. I
understand that they were removed on the instructions of DEFRA
officials. Frankly, if that is true, I want to know who was
responsiblethe House deserves to know. Those officials had
probably never been near a horse, or they could not possibly have taken
the view that removing farriery somehow did not involve public health
and
safety.
The
failure to leave farriery on the list of occupations is the nub of the
problem, because it prevents the Farriers Registration Council from
making any checks on the competence of people coming into this country
to practise under the temporary provisions arrangements. That is what
we are trying to correct by having this
debate.
The
principal issue is that apparently somebody can come into this country
on the basis of two years experience, but there is no way of
checking that two years. We have to remember that more than half the
countries in Europe do not have any form of farriery registration
system, so there is no mechanism to check whether somebody from one of
the other countries actually has any qualification. They are probably
coming from a country that does not have such qualifications,
or certainly no registration of them, and therefore all that can be done
when they come in and say that they want to work under the temporary
provisions is, basically, to decide whether they are telling the
truth.
Barry
Gardiner (Brent, North) (Lab): I have listened to the
argument that the hon. Gentleman has constructed, particularly around
public safety. Given the number of working horses elsewhere in Europe,
has he any evidence that horses that have been shod by the farriers
whom he is afraid might come into the UK and begin to practise here
have caused a higher incidence of accidents such as the ones that he
spoke about? That would give some evidence basis for the policy that he
proposes.
Mr.
Paice: I am astonished to hear that from the hon.
Gentleman. I believe he was Minister for the horse at one stage, in
which case he would have known full well that the standards of
equestrianism and horse management and care in many parts of the EU,
particularly among newer membersthe former Soviet countries in
eastern Europeare abysmal. There are major welfare problems
with horses, donkeys and mules, which are regularly used as part of the
transport and agriculture systems in some of those much poorer
countries. He has only to discuss the matter with any of the horse
welfare organisations and he will get chapter and
verse.
No,
I cannot stand here and say that there have been X cases, as they have
probably never been recorded. We do not have records of the problems of
animal welfare and horse welfare in particular, which are so legion in
some of those countries. I am surprised that the hon. Gentleman is not
fully aware of that. The fact is that this country has some of the
highest standards of farriery in the world. I do not want our standards
to be diluted by the advent of people without those standards and
competences.
It may be a
perfectly reasonable argumentthe hon. Gentleman is not
advancing it, but it has been advancedto suggest that if
farriers come here and do not do a very good job, no one will employ
them. Yes, but it will not be discovered that they are not doing a good
job until it happens, by which time some horses may have been
permanently damaged. I am very opposed to the idea that we should find
out whether someone is competent by whether they damage a horse. That
is an extremely ill-judged approach.
I want our
very high standards to be maintained. It is not right that someone
should be able to come and practise in this country by saying that they
have been carrying on a business for two years. I refer again to the
remarks of Lord Rooker in the other place
that
the
test is that of supplying the necessary information, not a practical
test. It requires documents: evidence from the member state and details
from the competent
authority.
That
will apply only to countries that have a competent authority, because
he went
on:
Where
there is no competent authority, they have to provide the documents to
show that they have legally been carrying out a
business.[Official Report, House of Lords, 3
June 2008; Vol. 702, c.
142.]
It is
easy for someone to provide documents to prove that they have been
carrying out a business. That does not mean that they have been an
effective, good and competent farrier. The Ministers comment
underlines the shambles that we have in the
proposal.
Mr.
Gray: My hon. Friend makes an extremely good point about
Lord Rookers remarks in the other place. I think I remember
correctly that he went on to say that temporary farriers in the UK will
be allowed to practise for one year on the basis of two years
experienceunqualifiedin the European Union; so a junior
farrier who practises in his own business in Poland can come here,
demonstrate that he has a business of some kind and, on the basis of
that piece of paper, with no other qualification, purport to shoe
horses in this country. Is not that a
disgrace?
Mr.
Paice: That is the great concern that we have. As my hon.
Friend has raised the issue of the relevant periods of time, perhaps I
may refer to two other issues that were debated in the other place. I
do not want to prejudge what the Minister may say today, but he may
raise those again.
First, in
this country, someone must undertake a total of four years of training
and competence testing before they can be registered as a farrier with
the Farriers Registration Council. That is a significant period of
apprenticeship and qualification, which ensures that the high standards
to which I referred are maintained. Lord Rooker referred in the other
place to the fact that some 400 people in this country are registered
as farriers and hold no qualifications. He is right; but that is only
half the story.
When the
system was introduced, it was deemed rightthe same has happened
with many other activitiesthat what are known as grandfather
rights should be retained, meaning that recognition was given to
someone who had been practising for a long period, and they could
continue to do so, on the basis that their experience should be
sufficient. Some of us will be old enough to remember grandfather
rights being accorded when special training was first required for HGV
drivers; there is nothing novel about it. However, the whole idea of
grandfather rights is that they gradually become extinguished, as the
people get older and cease to practise the activity in question.
Therefore, the 400 farriers who are operating without qualifications
are a diminishing number.
Now, as part
of the regulationsthis is another great concernthe six
years is being enshrined in European legislation, so that in future the
concept of grandfather rights will not die away and wither on the vine.
Anyone will be able to say, after six years of working, that they
should be entitled to registration. It is a slightly separate issue,
but it is part and parcel of the proposals overall. That is wholly
wrong.
We are faced
with a situation in which someone will be able to come to this country,
including from countries that have no registration systems, and say
that they have two years experience; and there will be very
little that anyone can do about it. As I said earlier, because the
Government decided, one way or another, not to include farriery on the
list of occupations involving public health and safety, there is no
mechanism for checking their competence. That is the gist of my
argument against the
regulations.
I
have one further remark to make, however, about the financial
implications of the regulations, under which the FRC cannot charge for
registering a temporary service provider. Someone from another country
could
register here without having to cover the administrative costs, the
upshot of which is that farriers already registered in this country,
and who pay a fee, must absorb the cost of overseas applicants. That is
fundamentally wrong; both major parties in this country, and certainly
the Treasury, have long espoused the principle of cost recovery, and I
fail to see how it can be justified for somebody to register in this
country, having provided evidence of two years experience of
running a business, and all that paraphernalia, without having to pay a
feein fact, not only do they not have to pay a fee, but the FRC
will not be allowed to charge one, so the cost will have to be carried
by existing UK registrants.
The
Government ought to address that fundamental issue, because it is not
right to expect others to carry the cost, particularly when those
people will be in competition with them. The whole purpose of them
coming to this country is to practise their skills in competition with
our domestic skills basethere is nothing wrong with that in
itself, but at least the competition should be slightly fairer in terms
of the necessary fees and charges.
However, the
most important things about that competition are competence,
qualification and skills, which are the real reasons for this debate.
Even at this very late stage, we are trying to make the Government
recognise that they are putting horses at risk and, through that, the
public, riders and others associated with horses. It all goes back to
the decision taken by, I am told, DEFRA officials to remove farriery
from the list of occupations involved in public health and safety. That
was a serious mistake and I hope that the Minister, even at this late
stage, will recognise
it.
9.13
am
Mr.
Roger Williams (Brecon and Radnorshire) (LD): It is always
a pleasure to serve under your chairmanship, Mr. Illsley. I
would like to put on the record my congratulations to my noble Friend,
Lord Addington, who picked up on the fact that these regulations had
been signed off in DEFRA after little or no consideration by those in
another place and in this House.
As the hon.
Member for South-East Cambridgeshire pointed out, in this country,
farriery is an important service in the horse industry, which in turn
is important economically and recreationally. Horses are sometimes kept
by people with great knowledge and understanding of equine matters and
the health requirements of horses. Sometimes, however, they are kept by
families who might not have the expertise and professional knowledge
that people keeping horses for economic reasons might haveeven
though they might care for their animals very deeply, and obviously be
very fond of them and invest much time and money in keeping them. They
will rely, therefore, on professionals, such as vets and farriers, in
order to keep their animals in good health. That is one of the reasons
why we are concerned that those in the profession have the highest
standards and the necessary qualifications so that people who employ
them can be confident that they are receiving best service and
advice.
There
has been a gradual move towards stricter controls and regulations on
farriers in the country. It is right that 400 farriers carry on their
profession without having taken examinations on theoretical or
practical expertise.
Such controls were brought in for good reason and individuals coming new
into the profession have to have qualifications. The Worshipful Company
of Farriers has three levels of qualifications: a diploma, an associate
and a fellowship. When a fellowship is awarded, it shows that the
person has received a high degree of
training.
The
other day, I was interested to see that a retired police man up the
road from my home has started to keep Shetland ponies. They are not
often shod, but a farrier was looking at the ponies with him. He told
me that the ponies have their hooves trimmed four times a year to
ensure that their feet remain well and that they do not suffer
discomfort. The work of a farrier does not only involve shooing of
horses, but giving advice and tending the hooves. In fact, a lot of
difficulty arises because people do not understand that their ponies
can suffer from laminitis when they have access to too much grass.
Farriers can certainly advise on such matters and ensure that hooves
are kept in such a condition so that laminitis is limited or does not
happen.
We
are worried that people coming into the country can, after producing
written evidence, take up the profession of farriery. It is so
important that horse owners are assured that the services that they pay
for are of a high standard. Most farriers are self-employed and are
therefore responsible only to themselves and their clients. In my part
of the world, there are very few large practices. As in the case of
GPs, when people are in a single-person practice, there is no one to
keep an eye on what is happening in respect of the broader circle of
service. It is an added danger that someone coming into the country
will not join a practice of farriers and be subject to supervision and
surveillance as they become established, but is likely to set himself
up as a self-employed farrier with little
supervision.
The
hon. Member for South-East Cambridgeshire made the good point about
farriery being excluded from the list of professions that are subject
to public health and safety regulations. Such controls are obviously
important for animal welfare, as they are for human safety. During
shoeing and any treatment that horses receive, the way in which the
horses are handled is important. Given his training and expertise, the
farrier has the greatest responsibility for such matters. A horse is
greatly dependent on how it is shod and the condition of its hooves.
Its behaviour can suffer adversely if those services have not been
delivered in a proper and professional
manner.