Justin Madders MP: speeches

Speeches

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  I understand the point being made. We have already made it clear that there will be a number of occasions when we bring regulations under the affirmative procedure—for example, when a new power of entry is created; when regulations are disapplied in the case of an emergency; when a criminal offence is created or widened; when information sharing provisions are introduced; when cost recovery procedures are established; where changes are made to primary legislation; when the definition of an online marketplace is amended; when requirements relating to the marking of products and online marketplaces are introduced for the first time; when requirements on persons who control online marketplaces are introduced for the first time, and so on. I suggest that there will be ample opportunity for Parliament to have its say and scrutinise regulations made under the Bill. Finally, I turn to the technical standards that will be developed or updated. Technical standards set out practical ways in which a requirement may be met, to help manufacturers in meeting their obligations. Currently, they can be used to demonstrate compliance with a particular product requirement, and are often prepared and adopted by recognised bodies such as the British Standards Institution. The reference to standards in clause 2 makes clear that regulations will maintain this practice, and that will therefore help to provide clarity to manufacturers and traders on how to comply with regulatory requirements through the use of these standards.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Government amendment 2 is a necessary technical amendment to correct an amendment that was inserted in the other place on Third Reading, to ensure that the powers in the Bill can be used effectively, such as by introducing cost-recovery provisions in accordance with clause 8. Without getting too technical, I understand that this is something to do with financial privilege. Clause 13 details the territorial extent of the Bill. As we know, the Bill’s provisions extend to England and Wales, Scotland and Northern Ireland. The Bill’s extent means we can introduce regulations that reflect the realities of the UK market—that is, businesses and consumers can buy and trade most products in all parts of the UK. Having regulations that help to protect consumers and provide clarity and certainty for businesses about their obligations is an important part of maintaining a well-functioning UK market. The Government have been clear in their intention to ensure that the devolution settlements are respected in both principle and practice. Indeed, we have tabled a new clause that will place a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provision within their devolved competence. We will probably debate that on another day. Clause 14 is, I hope, a non-controversial clause. It details that the Bill will come into force with immediate effect on the day on which the Bill is passed, with the exception of section 10(1) and (3), which will be commenced by regulations at a later date. This is typical for Bills that contain delegated powers. For this Bill, it will allow the UK to start making proactive choices about product regulation through laying statutory instruments soon after Royal Assent. The Government intend to take action to modernise and clarify requirements for online marketplaces. That will improve the safety of products sold on their platforms to UK consumers. The Bill’s immediate entry into force will also allow the UK to proactively choose how to respond to the upcoming changes to EU laws that we currently recognise—it has been a while since we mentioned the EU, but I am glad we got another reference in. This will provide industry with regulatory stability and certainty, and support economic growth. Finally, clause 15 is a non-controversial clause that sets out the Bill’s short title. It provides a more convenient name for the Bill. This is in addition to, and does not replace, the long title. I therefore commend amendment 2 and clauses 13 to 15 to the Committee.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  I apologise—I had not realised. I will try to slow down. Clause 2 is a vital part of the Bill: it will ensure that the UK has a comprehensive framework for regulating products sold on its markets and provides the flexibility to recognise global standards and maintain the highest safety and quality requirements for consumers and businesses.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Members on this side of the Committee always enjoy our clause 4 moments. Clause 4 is an essential part of the Bill, and it is informed by the lessons of the covid-19 pandemic. The then Government had to act quickly during that emergency to ensure the supply of critical products such as personal protective equipment. However, the regulatory easement was made under sections 45C, 45F and 45P of the Public Health (Control of Disease) Act 1984 as no alternative powers were available through the product safety framework. Clause 4 therefore fills the gap by providing a mechanism to disapply or modify product regulations in a controlled manner for future emergencies, including emergencies that go beyond public health. In practice, the clause will allow the supply and fair distribution of critical goods in short supply during a national emergency, while ensuring greater co-ordination of market surveillance and enforcement activities during these periods. The Government have also produced a code of conduct on product safety to support the use of powers under the Bill. The code outlines the Government’s proposals for how the emergency powers will work. To summarise a few key points, the code outlines that a derogation will be made available only if there is a serious risk of harm to people, businesses or the environment, and if it is in compliance with the UK’s international obligations. A derogation will be granted only for products deemed critical for the emergency response where demand exceeds supply. In times of emergency, the Government may temporarily reduce or modify requirements for a product to meet essential health and safety requirements for use in certain settings, provided the market surveillance authority is satisfied with the product’s safety and traceability. For example, in the hypothetical scenario of a national power outage, demand for essential consumer products such as gas stoves, torches or batteries could surge rapidly. If compliant products are in short supply, the Government could use clause 4 to allow UK manufacturers or importers to supply these products, where they meet essential safety standards or other internationally recognised standards, while awaiting UKCA certification. In such circumstances, the market surveillance authority must also be satisfied that the product still meets acceptable safety standards and can be effectively traced through distribution. This may involve reviewing safety data, in-house test reports or batch numbers and distribution records for traceability. To be clear, and as Members will expect me to say, the Government will use clause 4 only in emergency situations. Depending on the nature of the emergency, the Government will decide how products can best be fast-tracked on to the market and, where appropriate, implement conditions through secondary legislation for pre-market assessments, consumer protections and time limits. We have also committed to developing a clear framework for how clause 4 will operate in practice, in consultation with stakeholders. This will be developed and delivered through the Office for Product Safety and Standards, and it will be published in due course. It is also important to highlight that the power is not a carte blanche for bypassing product safety regulation, but rather a targeted response to emergencies. The clause will ensure that, while we speed up the process, essential safety standards are maintained through proportionate measures. Crucially, the exercise of clause 4 will be subject to the draft affirmative legislative procedure, ensuring that any regulatory changes made under the clause are subject to scrutiny by both Houses before coming into force. In conclusion, clause 4 is a necessary response to ensure that, in future emergencies, the Government can react swiftly to guarantee the supply of critical products while maintaining safety standards. I therefore commend it to the Committee.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  I am beginning to wonder whether Opposition Members think that “Capricorn One” was a documentary rather than a work of fiction. We are really entering some quite interesting territory about what evil plots this Government have, which of course is not the case at all. Amendment 26 seeks to remove the ability to create or widen criminal offences, or to implement civil sanctions, through regulations. The harm caused by breaches of regulations can vary considerably depending on the product sector. Consequently, offences and penalties must be tailored to the specific requirements of a given sector and the seriousness of the breach. The consequences of failing to provide the necessary instructions for a product could be entirely different for a highly sensitive component within a nuclear energy installation than for a lower-risk product. Reducing enforcement flexibility to a series of broad, rigid offences would negatively impact relevant authorities’ ability to enforce proportionately. Attempting to draft very broad offences and penalties in the Bill, to capture requirements in a less targeted way, would actually undermine legal clarity and the principles of the rule of law. There was talk from Opposition Members about how this would all be done through the back door. The affirmative procedure will apply where new offences are created or widened, so there will be no rubber-stamping after the event. There will be parliamentary scrutiny, as one would expect. We have considered the views of the DPRRC, but we have taken this approach in the Bill because it is not, in fact, unique to it. The shadow Minister said that she was shocked when she saw these subsections. I wonder whether she was equally shocked when criminal offences were created in regulations by the Building Safety Act 2022, the Retained EU Law (Revocation and Reform) Act 2023 or the European Union (Withdrawal) Act 2018. Those all included similar powers to the ones that we are talking about now, but I do not recall Opposition Members expressing shock and dismay at what was happening. Existing product regulations, such as the Cosmetic Products Enforcement Regulations 2013, also contained offences and penalties, further demonstrating that this is not a departure from existing practice. The Bill has also placed limits on the maximum criminal penalties that may be implemented for contraventions of product regulations. Product regulations made under the Bill will not be able to exceed maximum criminal penalties that reflect the existing maxima. I believe that Opposition Members are making this a far more dramatic issue that it needs to be, and I ask that the amendment be withdrawn.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Clause 11 sets out the interpretation of key terms used throughout the Bill. Although many terms within the clause are commonplace, the definitions are set out so that the legislation is interpreted as intended, which is critical to the effectiveness of the Bill’s powers, as many of the terms are referenced throughout. It includes a definition of an “online marketplace”, which captures the range of different marketplace business models. We have already debated how that may well change in the future. Online marketplace sales are rapidly growing as a proportion of retail sales, reaching £29.3 billion in 2022, with an estimated growth of 70% between 2019 and 2024. It is therefore vital that product safety legislation captures online marketplaces as key supply chain actors. We expect supply chains and e-commerce to continue to evolve, with the way in which UK consumers purchase products continually changing in ways that we may not be fully able to predict. Even within the past few years, we have seen new entrants and evolving business models of online marketplaces emerge. For example, since Temu launched in the UK in April 2023, it has amassed more than 11 million UK visitors per month. TikTok Shop launched in the UK in 2021 for businesses to sell products directly from social media videos. B&Q launched its online marketplace in March 2022, with a focus on selling via verified sellers. The proliferation of models is increasing. It is vital that product safety regulation can keep pace with future changes. Clause 11 provides the power to amend the definition of an online marketplace, which enables the provision to be updated to include any future business models and types of online marketplace that might not be captured within the current definition. The use of the power will be subject to the affirmative procedure because amending the definition of an online marketplace in the Bill through secondary legislation is an important delegated power.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Clause 2 clarifies the power given under clause 1, specifically what types of requirement the product regulations may cover. It enables regulations to specify the requirements that products to be marketed or used in the UK must meet. That will ensure that the UK can maintain high levels of product safety and compliance, support economic growth, and remove unsafe or non-compliant goods from the market. The requirements may cover a range of activities related to products, and the list in clause 2 is not exhaustive. It includes, for example, how a product is marketed, how it is assessed, how it is installed and how it is manufactured and packaged. It also allows regulations to set requirements on the components of products, whether tangible or intangible. In that way, although the Bill relates to physical products, regulations may address the effects of intangible components, such as artificial intelligence software, on the risks that a physical product may present. In terms of who it affects, the clause allows the regulations to set obligations on manufacturers, persons who market or import the products, online marketplace operators and other actors involved in the product journey. Thus, all actors involved in the product’s lifecycle, and therefore the product’s safety, may be covered by the regulations. Members will be aware of the breadth of product safety regulations already on the statute book. The breadth of clause 2 is necessary to ensure that all aspects of ensuring product safety are adequately covered now and in the future by regulations passed under the Bill. While the growth of e-commerce models has provided consumers with greater choice and convenience, that cannot be at the expense of consumer protection or undermine compliant businesses. The rapid expansion of e-commerce has also brought significant challenges to regulatory frameworks, which were not designed with increasingly complex online and globalised supply chains in mind. Today, the sale of unsafe products to UK consumers via online marketplaces is a significant problem that has led to serious harm and fatalities. The clause will allow the Government to respond to those modern challenges by explicitly recognising the role of online marketplaces in ensuring that products sold via their sites are safe, while enabling businesses to innovate and grow. We intend to use the powers in the Bill to clarify the responsibilities of online marketplaces. We will build on best practice to create a proportionate regulatory framework for online marketplaces to prevent non-compliant and unsafe products being made available on their sites, to ensure that sellers operating on their platform comply with product safety obligations, to provide consumers with appropriate information, and to co-operate with regulators, such as by establishing processes to remove unsafe products from the market quickly. The Government will develop the details of the requirements with consideration of the practical implications and through stakeholder engagement and consultation before they are implemented via secondary legislation. The affirmative procedure will also apply when imposing product requirements for the first time on online marketplaces. This will ensure that the first regulations imposing new obligations on providers and platforms are subject to debate and appropriate parliamentary scrutiny. As Members will be aware, currently we recognise certain EU product requirements, such as conformité Européenne marking, to support the interests of UK businesses and consumers. The clause will ensure that where the EU makes changes to product requirements, including those we recognise, we are able to recognise those changes where it is in our interest to do so. This would offer businesses the choice to use either the CE or UKCA marking to place a range of products on the GB market, helping them to avoid duplication of costs without compromising on consumer safety. The clause also enables the UK to end recognition of EU requirements where that is in our interests. The UK being able to respond to changes made by the EU to product requirements that we recognise will allow us to give businesses the regulatory clarity they need.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  It is a pleasure to see you in the Chair this afternoon, Ms Vaz. I think it is to your advantage that you have not already heard the same arguments on this issue as we heard this morning. I am sorry to say that we are still clearly at cross-purposes about what the Bill does and does not do. There was a ripple of laughter on the Government Benches when the shadow Minister accused us of being fixated with the EU. If we did a word count on how many times it has been mentioned in the debate so far, we would find that the Opposition Members are comfortably ahead.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Inspiration comes in many forms. This is a rapidly evolving way of retailing, so we have discussed it with officials quite extensively. We are seeking to ensure that we are future-proofed for new business models. As I said, there are ways of selling items that I did not know existed until very recently. We want to make sure that, through subsection (2), we have the ability to update regulations when those new models emerge and do not tie ourselves in too much. I agree that definition (c) could cover everything, but we simply cannot predict how things will evolve in the future. It is important to clarify that any extensions to the definition of “online marketplace” will be subject to the affirmative procedure, which I hope gives the shadow Minister assurance that there will be an opportunity for parliamentary scrutiny.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  This clause relates to the collection of data and information that relevant authorities would undertake as part of their usual activities in support of ensuring that products are compliant with product and metrology regulations. Data collection may be instructive or informative for product safety and compliance, or in support of activities in respect of metrology. The clause seeks for information to be shared with those with a legitimate need for access. That will support the identification of potential product risk and the prevention of serious accidents. Targeted action may then be taken in a more consistent way to prevent the same or similar incidents from recurring. For example, a relevant authority may collate data and information in relation to electrical products that cause fire or where electric shock has been reported. That relevant authority may be able to provide information or data to another authority as to the frequency of fire incidents or about the use, time or some other relevant circumstance to do with the incident, such as where it has occurred and why. In that way, a relevant authority, such as the Health and Safety Executive or the Office for Product Safety and Standards, may be able to discern some hitherto unknown physical characteristic or hidden issue that is relevant to a product’s safety or compliance, and recommend a specific course of action. In those circumstances, there is great benefit in the sharing of such information in support of delivering a consistent approach to such products and incidents. I confirm that personal data is protected specifically by subsection (5), which provides that no metrology or product regulations may be made that require the processing of personal data in a way that would breach data protection legislation. Any information caught by the regulations that identifies an individual is therefore subject to all the same protections it would have in any other context. I hope that Members can see why it is important that we are able to share data in that way. I commend the clause to the Committee.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  I beg to move amendment 1, in clause 12, page 12, line 20, leave out “7 to 10” and insert “7, 8 and 10”. This amendment corrects a cross-referencing error. Government amendment 1 is a technical amendment to the drafting of the Bill, so I will not take up much of the Committee’s time speaking to it, but simply explain why it is needed. It makes a drafting change to clause 12(4), which lists the regulation-making clauses in the Bill that are subject to the affirmative procedure for statutory instruments. The current drafting includes clause 9 in that list. That is an unintended consequence of a previous amendment inserting clause 9 into the Bill. Unlike the other types of provision specified in clause 12, clause 9 does not confer a power to make a particular type of substantive provision. It specifies that regulations can amend existing provisions, as distinct from making fresh regulations. Government amendment 1 removes that unintended impact by removing the references to clause 9.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  Clause 9 is necessary to give full effect to the intent of the Bill. As Members will know, one of the central needs for the powers in the Bill is to keep our huge range of product regulations updated. That can extend from small changes to regulations to reflect new ingredients or components in a product, to more substantial changes to respond to new threats. The clause ensures that the powers in the Bill can be used to amend existing product regulations, if those regulations could have been made under the powers in clauses 1 and 5. Such regulations will be subject to the usual statutory instrument procedures, either affirmative or negative depending on which provisions of the Bill are invoked. Some of the regulations extend to many pages, covering a whole host of a factors that go into a product and the risk that it presents. Without the clause, key parts of the powers—such as those to do with enforcement, standards, information sharing and cost recovery—could be used only on a revoke and replace basis. I do not think it would be a good use of parliamentary time to have to revoke and replace entire sets of regulations simply to make one change to a particular provision—not to mention the uncertainty that it may cause business. The clause is therefore technical, but it is a key provision in the Bill. It helps to deliver one of the Bill’s central aims: to allow us to keep our product regulations updated. I therefore commend it to the Committee.

• 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source

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  We have already had a substantial debate on clause 10 as a result of the shadow Minister’s amendments, so I will be brief. The clause repeals specified provisions within the Consumer Protection Act 1987 and the Weights and Measures Act 1985 that may be rendered unnecessary or duplicative by regulations made under the Bill. It also allows regulations to amend the repeal of the Gun Barrel Proof Acts, which we have debated extensively. The Bill, as introduced, sought Henry VIII powers for the repeal of the Consumer Protection Act and the Weights and Measures Act, as well as for the Consumer Rights Act 2015, but we listened to concerns expressed about those powers and have amended the Bill to eliminate most of them. Instead, we are repealing only the necessary specific provisions in existing measures that are no longer needed on the face of legislation. Commencement orders will be used to repeal those provisions at the right time, through regulations made under the Bill, to remove duplication in the statute book or to provide for regulatory continuity. The single Henry VIII power that remains in the clause allows us to update the Gun Barrel Proof Acts 1868 and 1978. As I have explained, it is a very focused power to deal with the highly technical Gun Barrel Proof Acts. Subsections (3) and (4) of clause 12 ensure that any regulations that amend or repeal the Gun Barrel Proof Acts will be subject to the affirmative procedure, so the House will have the opportunity to express its opinion. I am sure my hon. Friend the Member for Birmingham Northfield will make himself available for any such debates. I commend the clause to the Committee.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I will have to check with the Clerks. We will ensure that it is available this afternoon if it is not there already.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  The shadow Minister has helpfully read the list of sectors excluded from the schedule, so I will not repeat it. However, it is important, when a Bill has powers of this nature, that we are clear about what they do and do not relate to. As I think Members will appreciate, those excluded sectors will have other regulatory domains, which will refer to them. It is important that we are specific about what the Bill relates to, and that is the purpose of the schedule. Question put and agreed to . Schedule accordingly agreed to. Clause 2 Product requirements

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I have not got on to new clause 4 yet. I will come to it shortly, and there are several reasons why we will resist it, but I was talking about amendment 4. All these numbers are very confusing. I draw the Committee’s attention to what the then Minister—the hon. Member for Thirsk and Malton (Kevin Hollinrake), who is now a member of the shadow Cabinet—said in May 2024 when introducing the Product Safety and Metrology etc. (Amendment) Regulations: “Where EU regulations change, we will consider whether to continue recognition of EU rules on a case-by-case basis, taking into account the views of industry and consumer safety.” —[ Official Report, Second Delegated Legislation Committee, 13 May 2024; c. 4.] That is exactly what we seek to do in the Bill. I know that there has been some change in the Conservative party since May 2024, but the current leader of the party was the Secretary of State for Business and Trade at the time. It is therefore curious, to say the least, that the Conservatives are now distancing themselves from their original position and seeking to take away our ability to make decisions on a case-by-case basis in the interests of UK consumers. Amendment 5 and new clause 9 would require statements to be made to Parliament in relation to aligning with or diverging from EU law. I think them unnecessary. It is very clear that we will be taking decisions on the basis of what is in the best interests of the UK, rather than taking an ideological position in either direction. There may be instances in which the UK’s product regulation interests are different from the EU’s; there may be other instances in which our interests are similar. When making regulations under the Bill, we will provide Parliament with the usual information to make sure that their purpose and effect is well understood. That will provide Parliament with a clear explanation of the Government’s intent, and Parliament will have oversight of regulations made under the Bill. The amendments would add unnecessary extra processes and would not provide Parliament with any new information. I turn to amendment 7. I remind hon. Members again of the purpose of the Bill, which is to ensure that the UK can deliver an effective domestic regulatory regime across a range of sectors. That is why the Bill will extend only to England and Wales, to Scotland and to Northern Ireland, as clause 13 sets out. There may be instances in which it is in the UK’s best interests to recognise a provision of relevant EU law when making domestic product regulations. In this instance, the recognised EU provision that must be complied with would be stated in UK law and would be enforceable only by UK authorities. If we wanted to update our laws to reflect a decision of the European Court of Justice, we would need to make a statutory instrument. There is no automatic taking of rules from the EU, as has been suggested. Amendment 21 proposes that the UK should only recognise updated EU law if we incorporate the relevant updates into our domestic regulations, and the Secretary of State makes an explanatory statement if only recognising EU law under the Bill. The Bill is about ensuring that our domestic regulatory framework works for businesses and consumers. The Bill will allow us to make changes to our framework and reflect global best practice when doing so. The reason that it refers explicitly to the EU is that most of our product regulation is inherited from the EU, and we continue to recognise certain EU product requirements, which is the reason why the 2024 regulations were passed last year. This gives us the ability to review decisions on recognising certain EU product requirements. Clause 2(7) will allow us to do so on a case-by-case basis. New clause 4 proposes a review panel. The Government have published a code of conduct, which has been drafted with valuable input from parliamentarians in the other place. It sets out the various guardrails that will be in place when the powers in the Bill are exercised; they include an impact assessment that analyses the expected effects of changes on businesses, consumers and the UK internal market. All secondary legislation made under the Bill will be subject to the statutory and non-statutory assessments set out in the code of conduct, including the principles of the better regulation framework.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  It is entitled “Product Safety: Checks and balances on developing policy and legislation”. It has been referred to extensively in debates here and in the other place. It is the guardrail by which we will be judged when making further regulation in this policy area. It sets out our commitment to ensure that the wider impact of any changes is properly considered and reported on where appropriate. We are happy to be judged by the standards set out in the code of conduct, which was developed in conjunction with parliamentarians in the other place. New clause 4 would add unnecessary bureaucracy. The matter is already covered by the code of conduct. The new clause would slow down our efforts to protect consumers and introduce regulation. I invite Opposition Members not to press their amendments.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I was at pains to explain why the shadow Minister is wrong in her analysis of the effect of the Bill. It has essentially the same powers as in last year’s regulations, which allow us to take decisions on a case-by-case basis. Why does she insist on saying that this is some sort of Trojan horse?

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I am always happy to be guided by your wisdom, Sir John. Question put, That the clause stand part of the Bill.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  If you wish to read it, Sir John, I can provide you with a copy.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I am grateful to the hon. Member for Chippenham for moving amendment 38. I reassure her that we take product safety very seriously, which is why we introduced the Bill. It is designed to ensure that only safe products are placed on the UK market, and it builds on a strong track record of protecting consumers, a goal with which we all agree. The Bill includes robust safeguards to ensure that consumer safety and regulatory standards are not reduced when new regulations are made. The code of conduct, to which I have already referred, sets out our intelligence and engagement-led approach to assessing whether and how to update our product regulations. It means that we do not make changes in isolation; instead, we work closely with industry, consumer groups and regulators to build a clear picture of the risks, benefits and practical implications. This ensures that our regulatory decisions are evidence-based, proportionate and responsive to the evolving needs of businesses and consumers. Product safety is often about carefully balancing the risks, while also considering consumer needs and expectations. An example that shows why we do not think it would be helpful to agree to the amendment is our current extensive engagement on potential reforms to furniture fire safety regulations. This requires weighing up the critical importance of fire resistance with the growing concerns about the health and environmental impacts of the fire-retardant chemicals used on furniture. No decisions have been made at this stage, but it is an area in which an evidence-based approach that balances those competing interests may lead to a different outcome, and that shows why tying our hands, by accepting the amendment, would not be a good idea. We are confident that overall the Bill provides a robust and flexible framework to ensure that safety remains central, while enabling innovation and growth across the economy. Safety is the whole point of the Bill—it is central to what we are trying to achieve—but there will be occasions when different considerations come into play. The example that I gave is one very live example that shows why we do not think it helpful to accept the amendment.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I am not able to read the Secretary of State’s mind, but this debate is about a different area of law from the one the Secretary of State was talking about. I refer the hon. Lady to one of her colleagues, the former Minister, the right hon. Member for Beverley and Holderness (Graham Stuart), who said: “It is critical that that power operates in that manner to ensure that legislation that sits on the UK’s statute book is able to keep pace with scientific and technological developments, so that we continue to uphold our high standards as well as ensure laws remain tailored to best suit the UK’s needs. Without that power, it would take a significant amount of parliamentary time for the Government to bring forward bespoke proposals and consider each amendment on a sector by sector basis.” –– [ Official Report, Retained EU Law (Revocation and Reform) Public Bill Committee, 29 November 2022; c. 260.] That is essentially the argument. I served on that Public Bill Committee, which accepted that there is a need for a degree of delegated power, but we have gone further. We have published a code of conduct setting out statutory and non-statutory controls to ensure that product safety regulation, now and in the future, is proportionate and evidence based, and takes into account the views of relevant stakeholders. It is not the case, as was suggested by the hon. Member for Bognor Regis and Littlehampton, that this has all taken place behind closed doors. The code of conduct is a very clear public statement, there has been relevant engagement and consultation with stakeholders, and the affirmative procedure will be applied on a number of occasions. It is about getting that balance right. I note the shadow Minister’s generous comments about the current Secretary of State being a benign individual; I hope her comments also apply to the Secretary of State’s immediate predecessor. It is worth pointing out that similar product safety powers have existed for almost 40 years in the Consumer Protection Act 1987. I do not believe there has been any occasion on which a Secretary of State, of any political persuasion, has used the powers in a draconian or whimsical way. The shadow Minister described the powers in the Bill as “extraordinary.” I am afraid they are actually rather ordinary in the sense that, to my reckoning, over the last decade the DPRRC has described some 19 Bills as either wholly or partially skeletal. Of course, the shadow Minister will be aware that all those Bills were introduced when her party was in government. It is entirely normal for Bills to have a degree of delegated powers, particularly within important areas of technical detail where there is a need to act quickly. It is about getting the balance right. We need to ensure that the product regulation framework is agile, up to date and able to protect consumers and businesses effectively. We have taken great care, and we have listened to get the right balance between delivering that objective and ensuring appropriate parliamentary scrutiny on the exercise of the powers. I therefore invite the shadow Minister to withdraw her amendment.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  Thank you, Sir John—and what a lengthy title. I hope that is not a portent for the rest of the day. It is a pleasure to see you in the Chair this morning. I thank all Members and officials for helping us to examine the Bill. The Bill, as the title suggests, is a little dry—as dry as the weather, possibly—but it is very important in underpinning product safety in this country. I am sure that by the end of the Committee we will all know a little more about product safety, with the possible exception of my hon. Friend the Member for Erewash, who is the first metrologist to be elected to this House. I am sure he will give the Committee the benefit of his experience, which we are all looking forward to. I thank the shadow Minister for her introduction. She has cut to the heart of one of the central arguments that we will no doubt be having over the next few days, on the importance of the powers to keep people safe and to ensure that the right level of scrutiny is applied to regulations made under the Bill. The Lords have made a number of changes to get that balance right. Our product regulation and metrology framework is extensive and highly technical. It extends to dozens of regulations and thousands of products in a huge range of technical detail. The Bill’s powers will allow us to keep that extensive body of regulation up to date. We need to make sure that regulation can be modified to reflect new evidence of risks, such as new chemical ingredients in cosmetics. We also need to keep it more substantially updated as business models and products change, not least to reflect the growth of online marketplaces, which I am sure we will debate in due course. The shadow Minister’s amendments 14 to 16 would strip out the power to do that in clause 1(1). Clause 1(1) contains the Bill’s central power to ensure that product risks can be mitigated, to ensure that products operate effectively or efficiently and, of course, to ensure that products operate accurately. It is vital to ensuring that our product regulation framework can adapt, keep consumers safe and give them confidence that what they are buying is safe, which we think is very important. Removing subsection (1) would leave our product regulation framework frozen in time. Of course, it is important that Parliament has appropriate scrutiny of the powers—no doubt we can all trade quotes on the various things we have said about the importance of parliamentary scrutiny. However, it would not be a good use of parliamentary time to require primary legislation or affirmative procedure debates for every single change in the regulations, no matter how small and technical. We have listened to the concerns of the DPRRC and the Lords Constitution Committee and have already amended the Bill to improve parliamentary scrutiny. We have increased the number of areas where the affirmative procedure will operate, such as when we impose product requirements on a new category of supply chain actor, and removed most of the Bill’s Henry VIII powers.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  We have had several impassioned speeches from Conservative Members. Unfortunately, they are all wrong about what the Bill does. I will attempt to explain what the position actually is. The Bill provides powers to make and amend relevant product regulations, so that the UK can act in the best interests of our businesses and consumers, which I think we would all agree is a good thing. That includes choosing to recognise or stop recognising EU product requirements. That is the key: there is absolute ability to recognise or not recognise as we see fit. This is not back-door submission to the EU or having our tummies tickled—I am not sure what the correct legislative term for that is. This is about the Government taking back control to set their own laws, as we determined back in 2016. Amendment 3 would remove clause 1(2), which gives us a power to update regulations that address the environmental impact of products where similar provisions exist in relevant EU law. Increasingly, product regulations take account of the environmental impact of goods and provisions. The Bill will enable us, where it is in the best interests of UK businesses and consumers, to choose whether to update our laws or not. As I have set out, the Bill is about supporting the UK’s interests. Clause 1(2) means that, where it is in the UK’s interests, product regulation can make the same or similar provision as that contained in relevant EU law, which can simplify the regulatory landscape for UK businesses. Turning to amendment 4, again, clause 2(7) allows us to act in the best interests of UK businesses and consumers. It enables us to provide that requirements in our law can be satisfied by meeting specified EU requirements, but it does not mean that we are obliged to recognise EU provisions, and it also gives us the power to end such recognition. We have been clear that decisions will be taken on a case-by-case basis, which I think is what the shadow Minister was asking for, based on the needs of UK businesses and consumers, with appropriate parliamentary scrutiny. Amendment 4 would take away that flexibility and would freeze EU law in time at May 2024. I mention May 2024 because that is when the Product Safety and Metrology etc. (Amendment) Regulations 2024, which effectively introduced the same powers as those in the Bill, were made.

• 13 May 2025 · Product Regulation and Metrology Bill [ Lords ] (First sitting) · Hansard source

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  I thank the hon. Member for Chippenham for tabling the amendment, which seeks to add to the list of persons in clause 2(3)(i) on whom product regulations may impose requirements. I recognise her good intentions behind the amendment to ensure that all relevant actors must be captured by our regulatory framework, including fulfilment houses. Clause 2(3)(i) strengthens that approach by making it clear that any person engaged in activities related to a product can be brought within scope. That is a critical safeguard against loopholes that could be exploited by those seeking to operate outside the law as new, often complex business models emerge. My eyes have certainly been opened in recent months about some of the new ways in which such operations can deliver products to consumers. The Government have taken care to ensure that the powers in the Bill are robust enough to account for new actors arising from both technological innovation and shifts in supply chain practice. I hope I can reassure the hon. Member that the Bill as drafted gives us the flexibility and breadth to tackle and cover any new developments in this policy area. Amendment 34 is unnecessary because actors, such as fulfilment houses and others that undertake any activity in relation to products, are already captured by clause 2(3)(i). I therefore ask for the amendment to be withdrawn.