Justin Madders MP: speeches
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Speeches
- 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source
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I absolutely agree, and that is one reason why the Bill has been introduced. We absolutely need to keep up to date with developments in the online marketplace world, which is why we have introduced this legislation. It is not, as has been suggested, an unbridled use of powers; it sets out a clear set of principles and provides for the use of the affirmative procedure in most cases. There are already a number of regulations that will be transposed as they stand—there are about 2,500 pages of product regulations, including to do with noise levels emitted from certain types of machinery and the ergonomic design of personal protective equipment. Increasing the list of regulations subject to the affirmative procedure to cover such matters risks miring Parliament in a level of technicality that I think only my hon. Friend the Member for Erewash could follow. I do not think that is a good use of parliamentary time, and I believe the Opposition used to think that too, which is why the powers in the Consumer Protection Act 1987, which is similar to what we are dealing with today, remained in place under successive Governments. I will deal now with new clause 15, tabled by my hon. Friend the Member for Walthamstow. She raised some important points, and I thank her for setting out the rationale behind her new clause so clearly. First, I reassure the House that we are not looking at the same level of regulatory change that was necessitated when we left the EU. We anticipate no more than half a dozen uses of the powers a year. That is because the fundamentals of the regulatory framework are already in UK law—thousands of pages, as I have referred to, and many of those provisions have been through previous scrutiny processes. The majority of future changes using the power in the Bill will be smaller and technical. I recognise the concerns raised, though. When we were a member of the EU, directives enacting major regulatory changes were regularly transposed into UK law using the negative procedure. Our Bill contains many more safeguards than were in place before, meaning that the affirmative procedure will be used far more often, as I have set out. Careful consideration was given in the development of the powers to ensure that we struck the right balance between good use of parliamentary time and the processing of highly technical changes. We listened to the concerns raised by members of the Delegated Powers and Regulatory Reform Committee and went further, broadening the areas requiring scrutiny, as I have set out. As Lord Pannick said, the practical reality is that technical regulations of the breadth and complexity that will be produced cannot sensibly be enacted by primary legislation. If we used primary legislation every time we wanted to do something on product safety, we would have little time for anything else. However, to provide maximum transparency in this space, we also published a code of conduct setting out the statutory and non-statutory guardrails in place before regulations can be made. That included a statement on how we will engage and consult with a wide range of stakeholders to ensure that their views are considered. We will continue to review and update the code of conduct, and of course we will be happy to take suggestions on how we can be clearer about Parliament’s role in the scrutiny of regulations. Given those assurances, I believe we have struck the right balance between scrutiny, the appropriate use of parliamentary time and the flexibility needed to keep our product and metrology regulations up to date. I hope that gives my hon. Friend the Member for Walthamstow some reassurances.
- 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source
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I am sure that Ministers across Government will have heard the important points that my hon. Friend has made today. Amendment 7 on consumer protection could have unintended consequences as product safety is not one-dimensional; it requires consideration of multiple risks and consumer and business needs. For example, we are undertaking a significant programme of work considering furniture safety and the balance between fire risks and the possible effects of exposure to chemical flame retardants. Were the amendment adopted, we would be open to challenge by any interest groups unhappy with how regulations balance those factors. Indeed, when I gave that example in Committee, the Liberal Democrat spokesperson, the hon. Member for Chippenham (Sarah Gibson), said that it was a compelling reason for not accepting the amendment, so I hope the hon. Member for Richmond Park will not move that amendment.
- 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source
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I suspect that my hon. Friend would be far better at doing that himself. His speech on Second Reading was a fantastic example of how we explain legislation matters and practice. It is important that we have certainty and consistency in how we measure things and that we have a clear legislative framework for the measurements that underpins all science. He gave us a historical sweep of those issues when he spoke on Second Reading. It is important for me to pass on my gratitude to all those officials who have supported us in the passage of the Bill, as well as the parliamentary staff who have enabled it to come through swiftly and smoothly. It will return to the other place for consideration of the amendments we have made in this place, and I am confident that—in the spirit of constructive scrutiny and co-operation that has characterised its progress so far—it will continue on its way. This legislation is an important step in strengthening our domestic regulatory regime and ensuring that it is robust, future-facing and fit for purpose in a post-Brexit economy. I look forward to working with colleagues in the other place to ensure that the Bill finally reaches the statute book as swiftly as possible.
- 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source
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Indeed, the Bill does secure the great British pint; thanks to an amendment in the other place, it will hopefully be enshrined in law. I look forward to joining my hon. Friend in enjoying one at some point in the not-too-distant future. The pace of change in both consumer behaviour and product innovation is only accelerating. From connected devices and artificial intelligence to new materials and manufacturing methods, the nature of risk and regulation is constantly shifting. We must ensure that our regulators are equipped with the right tools to act quickly and proportionately so that we can both manage and harness the hazards and the economic potential of new technologies. The Bill provides the powers to do just that. It gives Parliament the ability to update and strengthen product regulation and legal metrology in a coherent, consistent way.
- 3 Jun 2025 · Groceries Code Adjudicator · Hansard source
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I have quite a bit to get through, so if the hon. Lady does not mind, I will carry on. The statutory review is focused on the powers and duties of the GCA as set out in the 2013 Act and the 2015 order. These powers include providing arbitration between suppliers and retailers, conducting investigations into retailers suspected of breaching the code, and enforcement powers where the adjudicator is satisfied that a retailer has broken the code. Enforcement can take the form of the adjudicator making recommendations against the retailer, requiring retailers to publish details of the breach, or imposing financial penalties of up to 1% of the retailer’s turnover. The adjudicator also publishes advice, guidance and best practice statements, and can make recommendations to the CMA about suggested changes to the groceries code. Contrary to a common misconception, which I am afraid has been repeated by a number of Members today, the adjudicator does not need to wait for a complaint to be made before launching an investigation. What the Act requires is that the adjudicator has reasonable grounds to suspect that a retailer designated under the code has broken it or failed to follow a recommendation following a previous investigation. It is for the adjudicator to determine how to use those powers, but it is absolutely possible for it to pursue investigations without a formal complaint being made. I heard a number of Members making reference to concerns about reprisals—that was also raised in the previous debate. As part of the review, I am keen to hear how we ensure that the system is robust enough, so that people in the chain covered by the code feel confident that they can raise complaints. Clearly, there will always be an element of concern when someone raises their head above the parapet, but it is possible to raise concerns confidentially. Indeed, the survey undertaken by the adjudicator is done on a confidential basis. The shadow Minister, the hon. Member for Keighley and Ilkley (Robbie Moore), referenced his scepticism about the high level of satisfaction in that. I note his comments, but it is the case that the survey is taken confidentially. The right hon. Member for South Holland and The Deepings also raised the question of anonymity. I am genuinely interested to hear from Members how we can find a way ahead so as to ensure that people can raise complaints confidentially and with confidence. In general, the adjudicator has ensured a collaborative approach with suppliers, which has helped to prevent problems from escalating and reduced the need for time-consuming and expensive formal dispute resolution. A number of Members raised the question of resourcing, but it is for the adjudicator to set the level of the levy that is applied. That is always a matter of discussion, but I am sure that if the adjudicator wished to increase the levy, it would be able to do so within the powers it already has. I am conscious that I need to give the right hon. Member for South Holland and The Deepings an opportunity to respond. I have not addressed all the points that Members raised in the debate, but where I am able to provide a further response, I will write to those Members. I would encourage all Members to engage with the review. It is important that a number of the issues that we have heard about today are fed into it.
- 3 Jun 2025 · Groceries Code Adjudicator · Hansard source
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It is a pleasure to see you in the Chair, Dr Allin-Khan. I congratulate the right hon. Member for South Holland and The Deepings (Sir John Hayes) on securing this important debate, and on the sweeping historical nature of his opening comments, which gave us a broad view of the importance of agriculture and food in the development of civilisation. Of course, we are talking about more contemporary issues, which he went on to address, and I will respond to some of his comments in my remarks. This is an appropriate time for the House to discuss the powers of the Groceries Code Adjudicator because, as Members will be aware, we are currently undertaking the fourth review of the GCA’s effectiveness, as required by the Groceries Code Adjudicator Act 2013. The statutory review will consider how the GCA’s powers have been exercised and how effective the GCA has been in enforcing the groceries supply code of practice. It will also consider whether the existing permitted maximum financial penalty for non-compliance following an investigation is appropriate and whether there should be any restriction on the information that the GCA may consider when deciding whether to investigate. On the question of financial penalties, the right hon. Member for South Holland and The Deepings referred to two investigations where no fines were issued. However, it is worth stating for the record that, following the Tesco investigation, it was charged £1 million by the GCA for the cost of that investigation, and the Co-op investigation led to a charge by the GCA of £1.3 million for the cost of it, plus compensation to suppliers of £650,000. But it is noted that the GCA has not been issuing fines. I think that is part of its overall approach to try to get compliance rather than issuing fines, but that is something that Members can respond to as part of the review.
- 3 Jun 2025 · Groceries Code Adjudicator · Hansard source
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I thank the right hon. Member for his question. Of course, the review is dictated by the legislation that his party was, in government, involved in introducing, so part of the problem is where we are with the statutory framework, but I do take his wider point that clearly there are a number of different developments in how we deal with the overall agricultural food supply market; the GCA is just one part of it. The other developments, which Members have talked about, particularly in terms of ASCA, probably need to be looked at more holistically than is the case at the moment.
- 3 Jun 2025 · Groceries Code Adjudicator · Hansard source
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I acknowledge the wider points that have been made. Members have raised today a number of issues that are beyond the scope of the Groceries Code Adjudicator and clearly are within the bailiwick of the Department for Environment, Food and Rural Affairs, which clearly I need to work with on developing a more holistic approach. That is one of the challenges we face, because the code regulates only designated retailers’ dealings with their direct suppliers and currently applies to the 14 largest grocery retailers in the UK, each with an annual turnover of £1 billion or more. A number of Members referred to the threshold and questioned whether that is currently appropriate. It is worth pointing out that, according to the marketing data company Kantar, the 10 largest retailers covered by the groceries code amount to 97% of the grocery retail market, although the adjudicator has said that he is happy to hear views on whether the threshold should change and about suppliers’ experiences of dealing with retailers not currently covered by the code. The adjudicator has also said that he will pass on any relevant information to the CMA to inform future decisions on retailer designations under the code. There is therefore an opportunity for Members to feed in if they feel there are particular retailers under the current threshold that should be included. A number of Members talked about the issue of price. The code does not regulate the prices agreed between retailers and suppliers. It does, however, require these negotiations to be conducted fairly and transparently, and the GCA is keen to ensure that negotiations around cost price pressures do not lead to non-compliance with the code. In 2022, the GCA published the seven golden rules to remind retailers of best practice when agreeing to prices.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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Of course, that is exactly what we are doing with the requirement to consult as part of the amendments agreed in the other place. New clause 7 would require a review of the accessibility and affordability of independent product testing and certification for SMEs under the Bill. As I have outlined, the Government already consider the impact of new regulations on relevant stakeholders, including SMEs. We outlined how we will do that in the recently published code of conduct, to which we have referred on several occasions. The code of conduct details the requirements that the Secretary of State must undertake to ensure that the impacts of any changes are properly considered and reported, including by developing appropriate impact assessments. The better regulation framework is a system that the Government use to manage the flow of regulation and understand its impacts. These assessments will, of course, include the impact of regulations on SMEs as well as other businesses. We will continue to engage with stakeholders, including SMEs, on any new regulations made under the Bill. As product development continues to evolve, this ongoing approach is likely to be more impactful than any one-off review, as suggested by new clause 7. I hope that the Liberal Democrat spokesperson, the hon. Member for Wokingham, is sufficiently reassured by what I have said to withdraw new clause 6. I also hope he will accept our assurance that we will continue to engage on these important matters as we move forward.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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It is right that hon. Members have raised this matter, which is one of the primary drivers behind the Bill. We recognise that the safety of products containing lithium-ion batteries is an increasingly pressing issue, and I welcome the opportunity to speak about what the Government are doing. We are fully aware of the risks that are posed, particularly by products such as e-bikes and e-scooters, and we have already taken meaningful steps to protect consumers and uphold product safety standards. The Office for Product Safety and Standards has worked closely with colleagues across Government, industry partners and technical experts to identify the root causes of the safety issues that we are seeing. That includes addressing faulty design, poor manufacturing standards and issues with battery compatibility and charging systems. Alongside regulatory oversight, we have engaged directly with UK businesses to help them to comply with existing safety regulations. We want to ensure that good businesses who act responsibly are not undercut by unscrupulous traders who place unsafe products on the UK market. We have also built strong relationships with fire and rescue services, which are often the first to see the consequences of battery failures in the home or in public spaces. Their expertise and intelligence-gathering skills have been instrumental in helping us to identify high-risk products and take appropriate enforcement action. Since 2022, these efforts have resulted in 20 product recalls and 22 enforcement actions targeting unsafe or non-compliant e-bikes and e-scooters. In one notable case, the OPSS issued 26 withdrawal notices relating to two dangerous e-bike battery models manufactured overseas by Unit Pack Power. Those batteries had been linked to incidents investigated by fire and rescue services, and action was taken to halt their sale across eight online marketplaces, as well as against two manufacturers and 16 individual sellers. However, we recognise that enforcement alone is not enough. Regulatory reform is needed to ensure that harmful products are stopped at the border or prevented from entering the market in the first place. At the same time, we must avoid placing disproportionate burdens on responsible businesses. Regulation must be effective, proportionate and targeted. This will protect the public without stifling innovation or fair competition. The Bill has been drafted to provide those powers across a wide range of product categories, including lithium-ion battery products. While I fully recognise the concerns raised about batteries, the Bill does not and should not single out individual product types. To do so would risk narrowing its scope and limiting our ability to act effectively across the product landscape, including when new products are introduced. I think we all understand how technologies are evolving and that we need broad powers to keep up to date. A requirement to report in three months would cause some challenges for timelines. There is normally a 12-week period for Government consultations, and that would obviously not fit into the three months suggested by the new clause. At this stage, we are actively exploring what regulatory changes might make the greatest difference on lithium-ion batteries. To support that, the Department commissioned research from the Warwick Manufacturing Group to deepen our understanding of the risks posed by these batteries, including issues of compatibility, design and failure patterns. This research has now been published—I am happy to provide a copy to the hon. Member for Wokingham if he wishes to see it—and will help us to identify where interventions are most needed through regulatory standards, clearer compliance pathways or improved consumer guidance. I reassure the hon. Gentleman that we are committed to tackling the safety challenges associated with lithium-ion batteries. We will continue to work closely with all stakeholders—from industry to fire services, and from standards bodies to consumer groups—to develop solutions that are effective, evidence-based and proportionate. We understand the urgency of the issue. I have met victims of lithium-ion battery fires, and they understand that we are doing everything we can to get the measures on the statute book so that we can develop regulations to prevent such tragedies from happening again. It is important that we recognise new dangers and act to protect the public. I hope the hon. Gentleman is reassured that we will take action and are doing what we can at this stage.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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I thank Committee members for their contributions on this group of amendments. The Government are committed to supporting businesses and growing the economy. New clause 6 would specify that the Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under the Bill. I say to the Liberal Democrat spokesperson, the hon. Member for Wokingham, that I welcome the intent behind the amendment. It is vital that businesses, particularly SMEs, understand and have good notice of any new legal requirements, to allow them to take timely action. In the other place, the Government introduced a statutory duty to consult before making regulations. That will ensure that SMEs and other stakeholders are involved, at an early stage, in helping to shape any regulations. The Government already provide online guidance to help businesses understand new and existing legal requirements, and any actions that they must take. Ministerial colleagues, my officials and I regularly meet businesses. Hearing from them directly is vital to make sure that our regulations protect consumers and support growth. I have outlined how the intent of new clause 6 is already being met, and we will continue to work closely with SMEs as they are of course a crucial part of the economy. I respectfully suggest that the new clause be withdrawn. The hon. Member for Bognor Regis and Littlehampton described the Bill as “convoluted,” yet earlier she described it as “skeletal.” I hope she eventually decides her position on the Bill. She seems to be suggesting that we should not legislate at all in this area. The idea of having no legal structure for product safety and metrology is, I think, very dangerous. It is important to protect consumers and to ensure a level playing field for businesses, both of which we are doing with this Bill.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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I thank the hon. Member for Wokingham for moving the new clause, which would require the Secretary of State to introduce a list of duties on online marketplaces and to make a statement within three months of Royal Assent. As Members have recognised throughout the debate, online marketplaces now play a significant role in the supply chain and must be explicitly recognised in the product safety regulatory framework. We all recognise that they provide consumers with greater choice and convenience, but of course that cannot come at the cost of compromised consumer safety and of disadvantaging compliant businesses, so I recognise and share the new clause’s intent. However, some of the requirements in the new clause are of the type that the Government are developing for consultation and will thereafter introduce using the Bill’s powers. We intend to introduce requirements that build on best practice to create a proportionate regulatory framework where online marketplaces: take steps to prevent unsafe products from being made available to consumers; ensure that sellers operating on their platform comply with product safety obligations; provide relevant information to consumers; and co-operate closely with regulators. The framework will also include, if necessary, powers to deal with stolen or counterfeit products, as the hon. Member for Wokingham mentioned. The Bill provides the opportunity to develop requirements following consultation—as required by clause 12(6)—stakeholder engagement, impact assessments and consideration of the practical implications, including whether requirements should be tailored to specific business activities to ensure proportionality. The new clause, however, would require the introduction of its specified obligations irrespective of the outcome of any consultation or impact assessment, and of consideration of whether that would be proportionate or effective across the range of online marketplace models. We expect the diversity and market share of e-commerce to continue to grow, and the ways that UK consumers purchase products to evolve in ways that we are not yet able to predict. It is therefore important that the product safety legal framework remains flexible, so that it can adapt to future changes while remaining proportionate for different business models. I am afraid that the new clause would significantly hinder that flexibility by mandating that online marketplaces’ duties must include requirements relating to those in the new clause. I assure the hon. Member for Wokingham that our intent is to introduce, at the earliest opportunity, new regulations on online marketplaces that are proportionate and future-proof and that prioritise consumer safety. The regulations will of course be informed by public consultation and subject to the affirmative procedure. I am happy to meet the hon. Member to discuss this issue further, because there is an important role moving forward. I am happy to engage with Members in all parts of the House to ensure that we get it right. In the meantime, I ask him to withdraw his new clause.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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We have had another interesting debate—a slightly repetitious one that I am sure we are all becoming familiar with. The shadow Minister, as always, was helpful in introducing her new clauses. She is slightly optimistic about the prospect of our accepting them, but I understand that it is her role to challenge and scrutinise the Bill by moving amendments and new clauses. I agree with the shadow Minister about the importance of improving our regulation and metrology framework. That is indeed what the Bill is about. We had some helpful discussions in the other place about how best to do that. For example, a balance needs to be struck to protect consumers while making regulation workable for business. That balance is not best served by having in the Bill a broad and subjective purpose “to improve”. The new clause also mentions the prioritisation of “the United Kingdom’s regulatory autonomy and the United Kingdom’s regulatory competitiveness”. At the risk of repeating what I said on Tuesday, the Bill is all about regulatory autonomy. It will provide powers to enable the UK to change existing regulations or introduce new ones in support of our needs and interests. The Bill introduces those powers because they are currently lacking. The shadow Minister said that we will have our product regulations set by the EU, and the hon. Member for Chester South and Eddisbury said that we will be taking up new rules by default. They are, I am afraid, incorrect on both points. The Bill actually does the opposite and allows us to take a considered view on a case-by-case basis. Indeed, that is what the previous Conservative Government did through the regulations introduced last year. The powers in the Bill will also mean that the UK can maintain regulations that support competitiveness. That requires a balance between a range of objectives, including consumer safety and proportionate regulation for businesses. Any changes that we introduce will be consulted on, and Parliament will have a role in overseeing the regulations, as we discussed at length on Tuesday.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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I beg to move, That the clause be read a Second time. It is a pleasure to see you in the Chair, Ms Vaz. The Government have been clear in our intention to maintain a strong, co-operative relationship with the devolved Governments and to ensure that the devolution settlements are respected in both principle and practice. New clause 1 will place a statutory requirement on the Secretary of State to obtain consent from the devolved Governments where regulations contain provisions within their devolved competence. That will provide a decisive role for devolved Ministers and underpin continued collaboration in developing product regulation that best supports businesses and consumers in all parts of the UK. With that specific context in mind, I hope the devolved Governments will support the new clause and recommend that their respective legislatures give their consent, and I look forward to hearing the outcome of those debates. I thank ministerial colleagues and officials in the devolved Governments for their engagement and collaborative approach to the Bill. This important new clause demonstrates that by listening carefully, engaging sincerely and acting in good faith, the United Kingdom Government and the devolved Governments can come together to find shared solutions. The legislation provides a new framework for product regulation and metrology that is agile, future-facing and tailored to the needs of the UK, and the new clause will make sure the framework works for all parts of the UK.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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I recognise the important points made by hon. Members in this debate. This issue is being actively considered. Liability for damage caused by defective products is an important area of law, and we agree that there is scope for improvements to the legislation—or modernisation, if we want to describe it in that way—but they need to be made in a considered way. As hon. Members have said, technological advancements and the development of new supply chains since the passage of the Consumer Protection Act 1987 indicate the breadth of change since our liability regime was last updated. We therefore need to carefully consider the range and types of products that should now be in scope of liability claims, as well as who should be liable. It is important to note that one of the reasons why we cannot accept the new clause is that product liability extends beyond products in scope of the Bill—for example, it covers food and medical devices—so an alternative legislative vehicle may be more appropriate for making updates in this area. I can confirm to the Committee that we have asked the Law Commission to conduct a full and comprehensive review of product liability legislation and make suggestions for reform. We expect the commission to report back next year, and we will legislate if necessary to ensure that product liability laws are up to date and fit for the future. I hope that reassures hon. Members that we are alive to this issue and actively taking steps to ensure that when we update legislation, we consider the myriad developments in the world.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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I thank the hon. Member for Wokingham for moving his new clause, although he is pushing his luck asking for another meeting straight off the back of his previous speech. We absolutely recognise the crucialness of the enforcement work done by local authorities. It has become clear that the existing framework of layered, complex legislation is part of the problem—part of the drain on resources—and one of the reasons why the Bill is necessary. The selective implementation of new tools such as civil monetary penalties should further assist in providing more proportionate routes for enforcement authorities to use their enforcement activities, which the Bill addresses. Clause 8 enables the implementation of cost-recovery powers for relevant authorities, and the Office for Product Safety and Standards, in its role as national regulator, supports local authority enforcement teams with training, access to experts, direct support on cases and ringfenced funding for specific projects. The regulator has a dedicated function in respect of communication with local authorities and takes its role extremely seriously. It will provide support on nationally significant cases if local authorities are faced with unco-operative businesses, be they existing supply chain actors or new ones. [ Interruption. ] Was that a request for an intervention? Perhaps it was agreement. Local authority enforcement is a much broader area of consumer protection than product regulation, which is of course the scope of the Bill. This legislation is not the right vehicle for a review because it is singly focused on product regulation, whereas local consumer protection is a much broader policy area. I invite the hon. Member for Wokingham to withdraw his new clause.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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First, it is appropriate for me to acknowledge the shadow Minister’s supportive words about the excellent progress that we have made on trade deals in recent weeks. As has been mentioned, the India deal could be worth up to £2 billion a year and will hopefully unlock new opportunities across the whole UK, including for advanced manufacturing in the west midlands, Scotch whisky in Scotland and our world-class life sciences sector in the north-west. There has also been the excellent work with the United States, which shows that we are determined to take our rightful place on the world stage and chimes with the No. 1 mission of this Government: economic growth. It is also appropriate for me to mention the excellent growth figures for the first quarter of 2025, which came out this morning. The Bill will support growth by giving the Government the flexibility we need to ensure that product regulation is tailored to the needs of the UK, and to respond to global developments. The Bill will help us to ensure that regulations work effectively for both businesses and consumers, and that they continue to do so in the future.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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As Opposition Members have articulated, the new clause would provide for a delay to the Secretary of State’s implementation of regulatory changes in Great Britain where Northern Ireland Assembly Members provide notification of triggering the Stormont brake on similar regulatory changes in Northern Ireland. That delay would persist until the Government make a determination on that notification. I am sorry that Opposition Members feel that the Windsor framework is not up to scratch any more, but we take our responsibilities under it extremely seriously. The Bill does not alter or restrict the Windsor framework scrutiny mechanisms given to the Northern Ireland Assembly. The shadow Minister questioned the Prime Minister’s commitment to Northern Ireland, and I would remind her that he was in fact Director of Public Prosecutions in Northern Ireland for a number of years before his election to this place. If the new clause were accepted and the Stormont brake were triggered by the Assembly on a particular EU regulation, it would delay the Government from providing certainty on the regulatory approach that we might take and it would cut across the devolution settlement, none of which is the intention of the Bill. The Stormont brake is about EU regulations, but this new clause would prevent UK Ministers from legislating on our own rules, which I am sure is not the shadow Minister’s intention. It is also worth saying that the new clause, as drafted, is inoperable. It refers to the incorrect provisions giving effect to the Stormont brake, which are contained in schedule 6B to the Northern Ireland Act 1998. Again, we have had an awful lot of talk about the EU. We have had a little ride on the ghost train, and nothing that Opposition Members have said bears any relation to the reality of what is in this Bill. I therefore ask that the new clause be withdrawn.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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On a point of order, Ms Vaz. As we are at the end of our deliberations in Committee, I thank you and Sir John for your exemplary chairing. We have finished in good time, but we have had extensive debate on a number of matters pertaining to the Bill. I thank the Clerks and the officials from the Department who have helped proceedings to go smoothly. I thank all Committee members for taking part in deliberations—no doubt we will hear from some of them again on Report.
- 15 May 2025 · Product Regulation and Metrology Bill [Lords] (Third sitting) · Hansard source
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Regrettably, I am not privy to the negotiations; I can only read the speculation in the newspapers, but clearly the Bill does not mean automatic alignment, dynamic or otherwise. It means the opposite, which is why a number of the arguments put forward by the Opposition are completely incorrect. I know that the 2019 election was the high point for the Conservative party in recent years and that it was all about our relationship with the EU, but we have left. We are in a new world, and the arguments that we are hearing from the Opposition are from a different era. The world has moved on. We are looking outward and working closely with our EU neighbours, as we should do, but unlike Conservative Members we are not obsessed with this issue. I am sorry to say that they have misread the mood of the public and the impact of the Bill. I ask that the new clause be withdrawn.
- 14 May 2025 · Carer’s Leave · Hansard source
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I will do my best, Mr Stringer. No doubt the tension of knowing there might be an interruption will add to the excitement of my comments. It is, as always, a pleasure to serve under your chairmanship. I declare an interest as a foster carer. We are not specifically talking about foster care, but it is part of the wider ambit of care. I congratulate the hon. Member for North East Fife (Wendy Chamberlain) on securing today’s debate and on her very long-standing and successful advocacy for unpaid carers. We all recognise the key role she played in establishing the unpaid carer’s entitlement through her sponsorship of the Carer’s Leave Act 2023. It is right that we take time to discuss the support available to unpaid carers who provide care to a family member, partner or friend alongside paid work. I accept the hon. Member’s analysis that her Act, while an important step forward, is not a panacea for all the issues that carers face. A number of hon. Members have emphasised that point. I start by recognising the dedication and compassion of carers across the country. It is important to recognise their contribution to society, both in their working life and as carers, but we also need to consider the support they need to navigate their dual responsibilities. I join the hon. Member in paying tribute to the support groups available to carers. Their role is often understated, but that wider network has a very important part to play for carers. As we have heard, carers all too often end up stopping work altogether, or they reduce their hours to manage their caring responsibilities. Just half of adult carers are in work, and a quarter are economically inactive. The hon. Lady mentioned the Centre for Care’s research report, which I will certainly look at. We have heard about a considerable number of challenges today, which demonstrates why it is essential that we think about how we support carers to balance those responsibilities alongside other aspects of their life, including, of course, work. The hon. Lady recognised that we are improving access to flexible working through our landmark Employment Rights Bill. We believe that will help people to balance their work and other responsibilities, including their family life, such as where an individual is working alongside delivering care to a loved one inside or outside the home. The hon. Member for West Dorset (Edward Morello) spoke very movingly about his constituent Sarah. I do not think her experience is unique, and we all recognise that there are people like Sarah in every constituency and every part of this country. The hon. Gentleman also mentioned carer’s allowance, and I will pull up the shadow Minister on what he said about the increase in carer’s allowance, as it actually came into effect on 7 April 2025. This Government increased the earnings limit from £151 a week to £196 a week, so it is equivalent to 16 hours a week at the national living wage. It is the largest ever increase in the earnings limit since carer’s allowance was introduced back in 1976, and the highest increase in percentage terms since 2001. That means carers can now earn up to £10,000 a year while retaining their carer’s allowance, which can be worth around an additional £2,000 a year. As a result, more than 60,000 additional people will be able to receive carer’s allowance between this year and 2029-30. Several hon. Members referred to the difficulties their constituents have had after receiving an overpayment, and it is fair to say that issue has been recognised by the Department for Work and Pensions. We understand the anxiety it causes, which is why it is important that we independently review what has happened and find out what went wrong to make sure that things are put right. We urge anyone in receipt of carer’s allowance to inform the Department of any change in their circumstances so that overpayments can be reviewed. It is certainly something that the Department will be advised of following this debate. Employees caring for someone who is disabled, elderly or living with a long-term health condition are entitled to carer’s leave, which can be taken flexibly in half or whole days, or in one go, over the course of a year. Thanks to the hon. Member for North East Fife, the Carer’s Leave Act has now been in force for just over a year. It is still bedding in, and our plan to make work pay includes a commitment to review its implementation. To deliver that commitment, the post-implementation review of the Act is now under way. We have also outlined our commitment to explore the potential benefits of further policy development to support unpaid carers in employment, while being mindful of the impact on business. That work will include careful consideration of paid carer’s leave, and again, work is under way. Officials in my Department have spoken to over 70 employers, third sector organisations and charities such as Carers UK. There have been events in Wales, England and Scotland, and that engagement will continue as the review progresses, alongside both qualitative and quantitative research.
- 14 May 2025 · Carer’s Leave · Hansard source
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That point has been mentioned a number of times in this debate, and we will certainly look at the research as it is produced. I have noted that the shadow Minister now supports paid carer’s leave, although he could not bring himself to support it during the passage of the Employment Rights Bill. I am aware that there has been some debate on the issue in the other place, and we will look very carefully at how that debate unfolds. It is important that we take the time to carefully consider the potential impact of any further policy before taking any decisions. As the hon. Member for North East Fife said, we often receive responses on the 2023 Act’s application from organisations that are engaged on this issue. I pay tribute to those organisations, and some are clearly leading the way. An important point was made that, even in organisations that are very supportive of carer’s leave and have all the policies in place, people sometimes do not get any further if they have the wrong line manager. That applies to a number of similar entitlements, so more work is needed. As my hon. Friend the Member for Shipley (Anna Dixon) mentioned, we need to ensure that any decisions we make are grounded in evidence. There are several potential approaches to further support, including paid carer’s leave, and we will continue to consider those with external stakeholders. It is important to note that careful design is needed where leave entitlements have a pay entitlement attached. Thought must be given not only to the impact on carers and businesses but to how any such paid entitlement would interact with existing legislation and rights. The hon. Member for North East Fife asked a number of important questions about the Department’s role in informing employers and carers of their new rights. Obviously, gov.uk is one source, but other organisations and charities that we work with, such as Carers UK and the Carers Trust, are also sources of information. There are also carers’ networks, employers and bodies such as ACAS and the Chartered Institute of Personnel and Development. As part of our stakeholder engagement in business roundtables, we are considering what further work we can do to promote information on carers’ rights. I am a strong believer that rights are only as good as people’s awareness and ability to enforce them. We are engaging with carers and businesses. We are working with advocacy groups such as Carers UK and the Centre for Care, and we are working across Government to provide a coherent approach. There is now a ministerial working group on unpaid carers, involving the Department for Work and Pensions, the Department of Health and Social Care and the Department for Education, and it is discussing a cross-governmental approach. Turning to the broader dimensions of the debate, the hon. Member for Brecon, Radnor and Cwm Tawe (David Chadwick) spoke with great sincerity about the issues faced by his constituents. The themes that he picked out in relation to his constituents, and to Wales more broadly, about awareness of those rights and whether people can afford to exercise them, were important and are replicated across the UK. The hon. Member for Strangford (Jim Shannon) spoke with his customary sincerity—I do not say that just because he was pleasant about me—and conveyed the importance of carers in his constituency and across Northern Ireland. I commit to speaking to my counterpart in the Northern Ireland Executive about some of the points he raised. I am conscious that there may be Divisions shortly and that I need to give the hon. Member for North East Fife an opportunity to respond, so I conclude by saying that we have heard the case that Members have made about the importance of supporting carers and their need to balance paid work against their caring responsibilities. All the issues raised are being considered in the Department’s ongoing work. I genuinely value the heartfelt and constructive discussion we have had this afternoon. We all agree that unpaid carers deserve our recognition and support, and I am glad to see Members coming together to express that. I once again thank the hon. Member for securing this debate, and I am sure we will continue this discussion.
- 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source
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I refer the hon. Member to clause 5(5), which talks about quantities, goods and units of measurement, which is the broad ambit of the areas where these powers will apply. Amendment 29 seeks to prevent regulations made under the Bill from creating product regulation and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation. That has caused complexity over the decades, so we are seeking to introduce new enforcement powers that are able to meet changing demands without the continuous process of layering that we have seen in recent decades, which has caused confusion and added complexity to the current framework. As I mentioned earlier, there is precedent for including enforcement powers within regulations, including in the Toys (Safety) Regulations 2011 and the Personal Protective Equipment (Enforcement) Regulations 2018. I believe that the issues in this debate are the same as those that we discussed earlier; therefore, I invite the shadow Minister to withdraw her amendment.
- 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source
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Clause 3 reflects an ambition to streamline and modernise our approach to the enforcement of product regulations to ensure that it is proportionate and effective. We will ensure that the tools available for enforcement are effective so that we may further level the playing field for businesses and provide UK consumers with deepened confidence in their purchasing. Many of the powers contained within existing legislation overlap with one another, which has created a proliferated system that is undermined by its complexity. The clause will enable the introduction of regulations that consolidate existing enforcement powers. New regulations will implement a set of flexible, proportionate and effective enforcement tools. The new toolkit will continue to cover activities relating to the monitoring, investigation, sanctioning and remediation of non-compliance with product safety regulations. By delivering these changes through regulations, we will be able to flex and adapt to the marketplace quickly. We will be able to ensure that duties can always be enforced, and it is imperative that duties can be enforced without ambiguity. Through regulations enabled by this clause, we will simplify powers to ensure that they are applicable inland and at the border. We will also ensure that powers are available to enforce duties on all those holding responsibility in the supply chain. Powers should be applicable without unnecessary complexity wherever product regulations require enforcement. Additionally, we intend to augment existing powers carefully with precedented powers such as improvement notices and undertakings, which will provide proportionate routes for resolving non-compliance. Another power under the clause is one to widen or create criminal offences, as well as introduce civil sanctions for the first time. We have committed to following the affirmative procedure when introducing regulations that seek to use the power to widen or create criminal offences. The power will allow offences to meet the requirements imposed by product regulations. Offences and penalties are already often set out in regulations, so this approach follows precedent. Finally, the clause will allow the Secretary of State to designate relevant authorities responsible for product regulation enforcement to both ensure flexibility and provide additional clarity. We have included a non-exhaustive list of those relevant authorities in the Bill’s explanatory notes. As I have mentioned, relevant authorities will include those currently enforcing product regulation, such as local authority enforcement teams, the Office for Product Safety and Standards and the Health and Safety Executive. Relevant authorities will have access to the new, consolidated toolkit of enforcement powers that I have described. The clause is necessary for the proper enforcement of the UK’s product safety regime, and I commend it to the Committee.
- 13 May 2025 · Product Regulation and Metrology Bill [Lords] (Second sitting) · Hansard source
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Clause 6 reflects an ambition to streamline and modernise our approach to the enforcement of metrology regulations, in the same way that clause 3 seeks to do for the enforcement of product regulations. We will ensure that the tools available for enforcement are effective and proportionate so that we may further level the playing field for businesses and provide UK consumers with deepened confidence in their purchasing. Many of the metrology enforcement powers in existing legislation overlap with one another, which has created a proliferated system that is undermined by its complexity. As for product regulations, clause 6 will enable the introduction of metrology regulations that consolidate the existing metrology enforcement powers. New regulations will implement a set of flexible, distinct and efficient enforcement tools. That toolkit will continue to cover activities relating to the monitoring, investigation, sanctioning and remediation of non-compliance with metrology regulations. By delivering these changes through regulations, we will be able to flex and adapt to the marketplace—for example, ensuring that duties can always be enforced even when changes are made by regulations. It is imperative to ensure that all duties imposed may be enforced without ambiguity. We intend to carefully augment existing enforcement powers with precedented powers, such as improvement notices and undertakings, which will provide proportionate routes for resolving non-compliance. Another power under this clause will widen or create criminal offences, as well as civil sanctions. As clause 3 does for product regulations, so the power in clause 6 will allow offences to fit the requirements imposed by metrology regulations. The clause also provides that metrology regulations may provide for the use of civil sanctions, including fines for certain offences. That power will allow offences to proportionately meet the requirements imposed by metrology regulations. Offences and penalties are already often set out in regulations, so the approach follows precedent. The clause will allow the Secretary of State to designate “relevant authorities” responsible for metrology regulation enforcement. To ensure flexibility but provide additional clarity, we have included a non-exhaustive list of those relevant authorities in the Bill’s explanatory notes. Relevant authorities will have access to the new, consolidated toolkit of enforcement powers that I have described. The clause is necessary for the modernisation and enforcement of the UK’s metrology regime.
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