13 March 2012

House of Commons European Scrutiny Committee report on the Professional Qualifications Directive (PQD)

The Committee is awaiting further information on the Government's position on the legal base and on the powers conferred on the Commission to adopt certain implementing acts without consultation.

The draft Directive proposes a number of changes to a 2005 Directive establishing rules on the recognition of professional qualifications. It is intended to serve partly as a deregulatory measure, streamlining procedures while also encouraging Member States to review (and reduce) the number of regulated professions, and partly as a means of introducing new and proportionate safeguards to mitigate the risk that mobility may expose the public to risks to their health or safety. The Committee's 55th Report provides an overview of the main elements of the draft Directive and the Government's position.

The Committee thanked the Minister for his letter[1] and said it looked forward to receiving further information on the Government's position on the legal base and on the powers conferred on the Commission to adopt certain implementing acts without consultation.

The Committee notes the Government's view that the inclusion of restrictions on a health professional's right to practice within the new alert mechanism for doctors, dentists, nurses, midwives, pharmacist and veterinary surgeons would "endanger the data protection rights of individual professionals." We question why this should be the case, since Article 56 of the 2005 Directive already requires competent authorities in the host and home Member States, acting in accordance with EU data protection laws, to "exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities" under the Directive. The Committe assumes that the imposition of any restriction on a health professional's right to practice would necessarily result from disciplinary action. The Committee therefore asks the Government to explain its data protection concerns more 

The Committee would also welcome further clarification of the differences between the specific alert mechanism proposed for doctors, dentists, nurses, midwives, pharmacist and veterinary surgeons under Article 56a(1) of the draft Directive and the obligation in Article 56(a)(2) to exchange information on other professionals whose conduct or acts could cause serious damage to the health and safety of persons or to the environment. The Committee asks the Minister if he can say whether the information or alert is limited, in both cases, to notification of a decision prohibiting an individual from pursuing his or her professional activity. If so, how does this limited exchange of information add to the information exchange requirements in Article 56 of the draft Directive?

The Committee thinks that the issues highlighted above and in its 55th Report (including the concerns expressed by the Alliance of UK Health Regulators on Europe) can best be addressed by a means of a debate in European Committee C.

Full report

[1] Letter from Norman Lamb

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