Other Instruments of interest
DRAFT AGRICULTURE AND HORTICULTURE DEVELOPMENT BOARD
ORDER 2007
7. The Department for Environment, Food and Rural
Affairs (DEFRA) have laid the draft Agriculture and Horticulture
Development Board Order 2007, which abolishes the existing five
statutory levy boards (the British Potato Council, Home-Grown
Cereals Authority, Horticultural Development Council, Milk Development
Council, and the Meat and Livestock Commission) and creates a
new levy board, the Agriculture and Horticulture Development Board.
The explanatory material provided to accompany the draft Order
makes it clear that the horticultural sector have voiced significant
opposition to the proposed re-structuring in responding to DEFRA's
consultation process. We asked DEFRA to clarify the position,
and have received additional information printed at Appendix 1.
We regret that the Order was considered by the House before we
were able to consider the instrument and publish this material.
EUROPEAN QUALIFICATIONS (HEALTH AND SOCIAL CARE PROFESSIONS)
REGULATIONS 2007 (SI 2007/3101)
8. The Department of Health (DH) have laid the
European Qualifications (Health and Social Care Professions) Regulations
2007 (SI 2007/3101). The Regulations transpose into domestic legislation
European Directive 2005/36/EC ("the Directive") on the
recognition of professional qualifications, in respect of health
and social care professions in the UK. They allow for the provision
of temporary services in the UK by migrant professionals from
other Member States. While the regime concerning temporary provision
of services already exists for the professions of doctor, dentist,
nurse and midwife, these Regulations extend the regime to all
other health and social care professions, namely pharmacists,
opticians, osteopaths, chiropractors, social workers, professions
complementary to dentistry, certain specialist nurses and those
professions regulated by the Health Professions Council. DH acknowledge
that, in responding to consultation on these proposals, the relevant
regulatory bodies had concerns relating to temporary services,
that bore upon about patient safety, and the Department have made
changes in the light of consultation. However, whilst recognising
concerns that unscrupulous European migrants could use the new
provisions of the Directive to avoid permanent registration, DH
have stressed that they do not see that these individuals pose
any more threat to patients than permanent registrants. We obtained
further information from the Department about the negotiation
of the Directive, and about how UK regulators would in practice
check documentary evidence presented by migrant professionals:
that information is printed at Appendix 2.
DRAFT IMMIGRATION (EMPLOYMENT OF ADULTS SUBJECT TO
IMMIGRATION CONTROL) (MAXIMUM PENALTY) ORDER 2007 AND THE IMMIGRATION
(RESTRICTIONS ON EMPLOYMENT) ORDER 2007 (SI 2007/3290)
9. The Immigration (Restrictions on Employment)
Order 2007 (SI 2007/3290) sets out measures to tackle illegal
migrant working, including:
- a system of civil penalties for employers who
employ illegal migrant workers; and
- a continuing responsibility for employers of
migrant workers with a time-limited immigration status to check
their ongoing entitlement to work in the United Kingdom.
10. The new measures do not significantly alter
employers' existing responsibilities but impose tougher penalties.
The draft Immigration (Employment of Adults subject to Immigration
Control) (Maximum Penalty) Order 2007 proposes that the
maximum civil penalty will be £10,000 per illegal worker.
The level of penalty will be assessed by the Border and Immigration
Agency, objections to the level set can be made to the Home Secretary,
appeals against the penalty to the courts. Two draft codes have
also been laid:
- one, made under section 19 of the Immigration,
Asylum and Nationality Act 2006, specifies the factors that may
be considered when determining the level of penalty that should
be imposed on employers of illegal migrant workers;[3]
- the other, made under Section 23 of the 2006
Act, provides guidance to employers on how to avoid a civil penalty
for employing an illegal migrant worker, in a way that avoids
contravening race relations legislation.[4]
REINSURANCE DIRECTIVE REGULATIONS 2007 (SI 2007/3253);
FINANCIAL SERVICES AND MARKETS ACT 2000 (REINSURANCE DIRECTIVE)
ORDER 2007 (SI 2007/3254); AND FINANCIAL SERVICES AND MARKETS
ACT 2000 (REINSURANCE DIRECTIVE) REGULATIONS 2007 (SI 2007/3255)
11. HM Treasury have laid these instruments.
They serve to complete implementation of the EC Reinsurance Directive
(Directive 2005/68/EC), provide for the single passport and make
some changes concerning domestic requirements for notification
of transfers of reinsurance business. Because no information about
the consultation process had been provided in the Explanatory
Memorandum, we obtained further advice from HM Treasury which
is printed at Appendix 3.
SECRETARIES OF STATE FOR CHILDREN, SCHOOLS AND FAMILIES,
FOR INNOVATION, UNIVERSITIES AND SKILLS AND FOR BUSINESS, ENTERPRISE
AND REGULATORY REFORM ORDER 2007 (SI 2007/3224)
12. The Explanatory Memorandum (EM) to this Order
states that, on 28 June 2007, the Prime Minister announced a series
of changes to the machinery of government, including the appointments
of a Secretary of State for Children, Schools and Families, a
Secretary of State for Innovation, Universities and Skills, and
a Secretary of State for Business, Enterprise and Regulatory Reform,
each in charge of departments of the same name. As a result, the
Departments for Education and Skills and for Trade and Industry
have ceased to exist. The EM sets out the division of policy responsibilities
between the new Departments, especially at paragraphs 7.2 to 7.5.
3 Draft Code of Practice: Prevention of Illegal Working:
Civil penalties for employers http://www.bia.homeoffice.gov.uk/6353/18383/18469/civilpenaltiescode_nov07.pdf Back
4
Draft Code of Practice: Prevention of Illegal Working: Guidance
for employers on the avoidance of unlawful discrimination in employment
practice while seeking to prevent illegal working http://www.bia.homeoffice.gov.uk/6353/18383/18469/antidiscriminationcode_nov07.pdf Back
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