Justin Madders MP: speeches 2025

Speeches

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

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  I am grateful for my hon. Friend’s intervention. Indeed, I understand that that is now the premier proof house in the country, but some of the provisions in the 1868 Act show why we think these Henry VIII powers are appropriate. For example, sections 56, 65 and 66 set out that the Birmingham proof house must meet on Thursdays and that its annual general meeting must be held on the last Tuesday of April. I really do not think that parliamentary time needs to be expended on updating those particular rules. The last Gun Barrel Proof Act was passed in 1978, when I believe some members of the Committee were not even born. That shows that this is not something that is at the cutting edge of our thoughts, although it does need modernising. It will be subject to the affirmative procedure and will also be subject to consultation with relevant stakeholders. Amendment 11 would remove the power in the Bill to make amendments to legislation in consequence of the amending or repealing of the Acts specified in clause 10. That is a limited power that enables us to tidy up the statute book by ensuring that any cross-references to those Acts are updated as needed. Amendment 12 would prevent any regulations made under the Bill from amending any primary or secondary legislation passed under other Acts. That goes to the core purpose of the Bill: to enable us to keep our product and metrology legal framework up to date and effectively protect consumers and support businesses. The power to make consequential amendments is a standard approach to legislation. We need to ensure that new regulations do not duplicate or overlap with existing legislation in a confusing way. That is vital for providing consumers and businesses with clarity. Amendment 13 would make all regulations under the Bill that amend primary legislation subject to the affirmative procedure. It would also impose a mandatory six-week consultation period and require the Secretary of State to publish a detailed statement in advance of regulating. As I have stated, the Bill already requires the affirmative procedure for regulations amending primary legislation, as set out in clause 12(4)(g). In any such debate, the Government would of course set out why they are regulating, and in the other place we introduced an appropriate consultation requirement and additional triggers for the affirmative procedure. Some of the provisions currently in primary legislation, such as the detailed requirements relating to gun-barrel proofing or the margin tolerances for packaged goods, are very technical. Our approach has therefore been to apply the affirmative procedure to regulations likely to be of particular interest to Parliament, such as the creation or widening of criminal offences or new powers of entry. The powers in the Bill are crucial to ensuring that our product regulation framework is agile, up to date and able to effectively protect consumers and businesses. We have taken great care and have listened to concerns, and we now have the right balance between taking powers to enabling us to meet the objectives of the Bill and ensuring parliamentary scrutiny for the exercise of those powers. I appreciate that Opposition Members may not agree, but that is the nature of debate. I ask the shadow Minister to withdraw her amendment.

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

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  The answer is that the Bill does not constrain us from doing as the amendment proposes; it is perfectly possible for us to do it anyway. However, the definition of “relevant foreign law” is not set out in the Bill, which would cause us difficulties later on. Amendment 22 proposes that the UK recognise updated EU law only if we incorporate the updates into our domestic regulations, and that the Secretary of State must make an explanatory statement if recognising EU law under the Bill. As I have mentioned several times, there are a number of opportunities for the Government to set out exactly why we are taking any particular option. The explanation that I quoted from Hansard from last year is a good example of why we might choose to follow the EU, but there will be occasions when we will not. There will be impact assessments and opportunities for debates, and the code of conduct will guide us in that respect. The amendment is therefore unnecessary.

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

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  Clause 12 is a standard clause that may be familiar to Members. It has two main functions: first, it sets out some general areas that regulations made under the Bill’s delegated powers may provide for—I note, importantly, that that is a “may”, not a “must”; and secondly, it sets out which parliamentary procedure the regulations made under the Bill must follow. On the clause’s first role, the preceding clauses contain important delegated powers—which we have already debated—and each of those clauses includes some further detail on what can be achieved by regulations made under the relevant powers. It is therefore beneficial to have a general provision in clause 12 to provide some legal certainty over the implications of the regulations made under those powers. Paragraphs (a) to (e) of subsection (2) are standard provisions that broadly make it clear that the powers can be used to differentiate for different scenarios and to provide detail about how or when things may or must be done. On paragraph (f), I note that legislation does not bind the Crown unless express provision is made in this respect. The Bill does not itself do that; however, it does allow scope for such consideration to be made in future regulations, should that need to be done. Paragraph (g) enables the powers to be used to make transitional, consequential and saving provisions, which may be used to mitigate unfairness or provide legal certainty—for example, to deal with manufacturing or conformity-assessment processes that started before a change in the law, or where there are remaining overlaps or inconsistencies with existing provisions that need to be amended. On the clause’s second function, we have sought to ensure appropriate parliamentary scrutiny over the use of the Bill’s delegated powers. Since the Bill was introduced in the other place, it has been improved to address concerns raised by the Delegated Powers and Regulatory Reform Committee, and by peers during debate. In particular, we have broadened the use of the affirmative procedure for future regulations made under the Bill’s powers, to strengthen parliamentary scrutiny. Subsection (4) expressly specifies a list of certain types of provision that may be made under the Bill. Regulations made under the Bill that include any of these types of provision will be subject to the draft affirmative procedure. That means the draft affirmative procedure will be required for any regulations made under the Bill that provide for the power to enter, inspect and search premises in connection with enforcement of both product and metrology regulations, as provided for by clauses 3 and 6; for arrangements for emergencies, as provided for by clause 4; for the creation of, or widening the scope of, a criminal offence, as provided for by clauses 3 and 6; for any provision made in relation to clauses 7, 8 and 10, which concern information sharing, cost recovery and the amendment of specific items of primary legislation; and for changes connected with amending the Bill’s definition of an online marketplace. Let me address concerns raised in the other place. The Bill now requires statutory instruments to be laid using the affirmative procedure in additional areas: where requirements relating to the marketing of products on online marketplaces are introduced for the first time; where requirements on persons who control online marketplaces, or on persons who act as their intermediaries, are introduced for the first time; and where requirements on new categories of person under clause 2(3)(e) are introduced for the first time. I confirm that the clause provides that anything not specified as subject to the draft affirmative procedure will be subject to the made negative procedure. Alongside those changes to parliamentary procedure, the clause has also been amended to include a consultation requirement, thereby reaffirming our commitment to working constructively with interested parties before making any future regulations. I know we have discussed these issues at length, but I hope I have shown that we have taken a proportionate approach, striking the right balance to enable us to deliver the aims of the Bill while providing appropriate parliamentary oversight. I therefore commend the clause to the Committee.

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

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  Do we have a guardian of the Birmingham proof house in our midst?

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

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  I will write to the hon. Lady, but that is definitely my understanding. It is certainly in the code of conduct, but we will make sure that we get that clarified for her.

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

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  I am happy to do that, and I am sure that we will all be enlightened as a result. Amendment 1 agreed to .

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

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  That is not correct. There are a number of opportunities for debate under the affirmative procedure, and we have set out in the Bill the triggers that would allow that, so there will be plenty of parliamentary scrutiny. The amendments do not reflect what the Bill actually does and seek to paint it as a project, which it simply is not in reality. I therefore ask that they be withdrawn.

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

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  I am grateful to the Lib Dem spokesperson, the hon. Member for Chippenham, for raising this important issue. The amendment is consequential on new clause 12, on product recalls. It is important to state first that the Government are reviewing product recalls, as well as the full range of existing enforcement powers available for product safety and metrology, as part of our work on developing new enforcement regulations under the Bill, so the hon. Lady’s concerns are certainly ones we are aware of. Elements of the developing proposals will be included in the broader consultation document that the Government have agreed to publish on Royal Assent. Furthermore, consumers are already able to make a claim for a refund, repair or replacement under the Consumer Rights Act 2015, and other routes for redress include the Consumer Protection Act 1987, the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024. Supply chain actors are already under an obligation to report products that pose a risk to the relevant enforcement authority, as identified in legislation under the General Product Safety Regulation 2005 and sector-specific product regulations. Additionally, a publicly accessible, Government-hosted online database of product recalls—the “Product Safety Alerts, Reports and Recalls” database—is on gov.uk. The exact requirements and capabilities of recall notices will be considered within the wider review of enforcement powers under the Bill. Part of that review will consist of extensive engagement with stakeholders. Placing a six-month time restriction on that—as suggested by the amendment—would therefore only restrict the amount of engagement possible. We do not believe that new clause 12 is needed, so the amendment that seeks to apply the affirmative procedure to regulations made under the new clause is also unnecessary. I hope that the hon. Member for Chippenham is assured that we take the matter seriously and will act on it when the Bill receives Royal Assent.

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

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  As the shadow Minister said, this debate has a similar theme to earlier ones. It is the case that the harm caused by a breach of regulations will vary tremendously, which is why it is important to have different levels of intervention. This clause actually creates a much broader suite of powers at a lower level for intervention. There will be an ability to require undertakings or civil monetary penalties, and an improvement notice could also be served. At the moment, I do not believe that any of those powers are available in metrology regulations, and it is important that we have many tools at our disposal to ensure that measurements are done accurately. It would not be helpful or proportionate to spell out every single circumstance in the Bill. We can give an assurance that, where new offences are created or expanded on as a result of the Bill, we have already committed to using the affirmative procedure to ensure that there is parliamentary scrutiny. Of course, many measures in the Bill already exist in various legislative guises, so it is not, in the main, a massive extension of power as is being suggested. I think this is a proportionate and reasonable way to deliver on the Bill’s intentions, and therefore I ask that the amendment be withdrawn.

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

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  I am glad that the shadow Minister is keen to hear from me. I can, I think, explain the power in subsection (6); it refers to subsection (3)(c) and (d), which cover compliance with metrology regulations and mitigating the effect of non-compliance with metrology regulations. This provision is about making sure that those delivering and producing those products are doing so accurately and in compliance with the law. By its nature, subsection (6) has to be broad, but it has to be seen in the context of subsection (3)(c) and (d), which explain the context in which that power would operate. As the shadow Minister said, the argument here is similar—it is possibly identical—to the one we had earlier about the powers. As I said earlier, enforcement authorities include the Office for Product Safety and Standards, local authority enforcement officers, the Health and Safety Executive, and the Office for Nuclear Regulation. We need to ensure that these bodies can enforce in a targeted way, with the relevant requirements created by these regulations, which set out clearly what those powers do, and they must do so while fulfilling a public function, as set out in clause 6(2) and clause 3(2), which we debated earlier.

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

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  We will seek to give the shadow Minister assurances. If she is not assured, she can table an amendment on Report. Question put and agreed to. Clause 11 accordingly ordered to stand part of the Bill. Clause 12 Regulations Amendment proposed : 8, in clause 12, page 12, line 6, leave out from “Act” to “may” in line 7. —(Dame Harriett Baldwin.) This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament . Question put, That the amendment be made.

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

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  If we were to limit ourselves to naming organisations in the Bill, we might not have sufficient flexibility in the future. I am trying to indicate the types of body that we would expect to enforce product safety regulations, as they do already. Amendment 24 would prevent regulations made under the Bill from creating product regulations and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation, but that has caused complexities and inconsistencies to emerge over decades. The Bill will enable the Government to introduce powers vital to the enforcement of product regulations and will ensure that enforcement powers can meet changing demands, without the continuous process of layering that caused confusion and complexity in the current framework. There is considerable precedent for the inclusion of enforcement powers in regulations, including the Toys (Safety) Regulations 2011 and the Personal Protective Equipment (Enforcement) Regulations 2018. Amendment 25 would remove powers relating to investigations, which would prevent relevant authorities from effectively monitoring product compliance. Powers to inspect, investigate and dispose of goods are an essential part of effective enforcement. The purpose of clause 3 is to protect the public and ensure a level playing field for businesses. A crucial element of that is ensuring that it can future-proof enforcement against gaps that may emerge following changes in technology, some of which we have already discussed. Technologies such as 3D printing and AI are likely to have meaningful impacts on the supply chain and business requirements, so removing the ability to make targeted provision for investigatory powers in the Bill would undermine the ability appropriately to regulate products involving new supply chain actors and technologies. There are provisions in subsection (5) on the requirements for warrants to be issued in certain circumstances, and the Bill also limits the criminal penalties that may be implemented for contraventions of product regulations. The criminal penalties imposed under the Bill may not exceed the existing maxima. This is not a massive expansion of powers; it is simply a consolidation of existing laws that gives us additional flexibility to adjust when new products and marketplaces develop, as we expect them to.

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

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  As my hon. Friend the Member for Erewash most elegantly put it, metrology is a long-standing part of our progress as a species and as a country, and it will no doubt play an important part in the future. He talked about the importance of experts. Other Members in the past have said that we have had enough of experts, but this is clearly an area where expert opinion will be very important. Metrology is critical to ensuring the accuracy of measuring instruments and the quantities in which goods are sold. In turn, that will boost consumer confidence and ensure that we have a level playing field. We require the powers in clause 5 to make changes to our metrology regime to protect consumers, ensure accuracy and, critically, support innovation and technological progress. Amendment 27 would remove subsection (2) from the clause, which would prevent us from updating requirements in the metrology framework to reflect changing consumer behaviour and business markets. For example, UK consumers and businesses spend many billions of pounds each year on goods sold by weight or measure, such as packaged food and drink. Subsection (2) sets out powers to make legislation that ensures the accuracy of quantity marking on such packaged goods. As one would expect, the weights and measures legislation where those elements are currently prescribed is very technical, setting out the detailed methods of ensuring that quantities are within the permitted margins of error. Without subsection (2), we would be unable to incorporate in legislation any technical advances in quantity measurement, meaning that consumers and businesses could potentially lose out on more accurate ways of measurement in the future. Additionally, the removal of subsection (2) on its own would reduce the overall clarity of the clause, because a redundant reference to subsection (2) would remain in the rest of the clause. Again, the alarm has been raised about what we are going to do with the Bill. We had the discussion in the other place about how this was somehow a secret plot to abolish the pint. We responded by ensuring that there was very clear protection for the pint in the Bill. As my hon. Friend the Member for Erewash stated, making sure that consumers have confidence by ensuring that measures are accurate and up to date is an essential component of us continuing to progress scientifically. I therefore ask that the amendment be withdrawn.

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

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  I am afraid that is just not correct; that is not how the Bill operates. I can explain again why the EU is referenced: it is because the majority of our product safety regulations derive from the EU. In the debate on the draft Product Safety and Metrology etc. (Amendment) Regulations last year, it was said: “Last year, the Government held a series of roundtables to hear views from industry, including representatives from about 200 domestic and 50 international businesses. Industry in the UK and businesses that supply Great Britain from abroad indicated that ending CE recognition and mandating UKCA would cause issues for their businesses. It could increase costs and require duplicative processes, leading to higher prices and less choice for consumers in Great Britain. Some overseas suppliers also reported that they might reduce or stop sales to Great Britain entirely.” —[ Official Report, Second Delegated Legislation Committee, 13 May 2024; c. 3.]

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

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  I am grateful for the shadow Minister’s support. As a shadow Health Minister during the pandemic, I had more than my fair share of emergency legislation, and I think it is fair to say that we have all learned lessons from how that process played out. However, I am afraid that her valiant efforts to play for time have not led to my getting the answer I was seeking. My understanding is that there will be some sort of time limit, but it is safer to say that I will write to her. It is important that we are clear.

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

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  Clause 8 will allow enforcement authorities to recover compliance and enforcement costs. As we know, enforcement can come with significant costs, which are currently borne by the relevant authority taking the action unless costs are awarded by the courts. The clause will enable regulations to be made to provide for the recovery of costs incurred by a relevant authority’s enforcement activities. The regulations may set out a wide range of provisions, including who will be liable for costs, under which circumstances they will be liable, the amount of the fee, how and to whom it is payable, and the possibility of appeal. The Consumer Protection Act 1987 makes it clear that the court may award costs to an enforcement authority on conviction for an offence in relation to the contravention of any safety requirements or under a forfeiture order. The clause will allow regulations to replicate that, but it also allows regulations to provide relevant authorities with the power to impose costs themselves. As we know, cost recovery powers are not new and are used by other regulators, such as the Health and Safety Executive, that employ a fee-for-intervention approach. However, we recognise that Parliament may be particularly interested in the impact of the proposed new powers, and we have therefore ensured that any new regulations made under the clause will be subject to the draft affirmative procedure. I commend the clause to the Committee.

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

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  Amendment 23 would prevent the naming in regulations of “relevant authorities”. That would render enforcement of the Bill impossible, so clearly it is not an amendment that we will accept. Local authority enforcement officers conduct the majority of product safety and metrology enforcement activities, and the Office for Product Safety and Standards is the national regulator. Other regulators are also responsible for enforcement, including the Health and Safety Executive, the Office for Nuclear Regulation, the Medicines and Healthcare products Regulatory Agency, the Office of Communications and the Office of Rail and Road. There is an indicative list in the explanatory notes to the Bill and the code of conduct. We need to be clear in clause 3 because it is important that the authorities are able to enforce in a targeted way when regulations are created. The Bill places sensible and important restrictions on those who may be named as a “relevant authority”. Only those who are fulfilling a public function will be given powers under the Bill. That is set out in subsections (2) and (3).

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

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  Okay, Ms Vaz. It was also said in that debate: “We should bear in mind some of the history and the proximity of the UK to EU markets.” —[ Official Report, Second Delegated Legislation Committee, 13 May 2024; c. 4.] Those were not my words, but the words of the hon. Member for Thirsk and Malton (Kevin Hollinrake), who was the Minister at the time. It is clear that we are acting entirely consistently with the previous Government’s position. We recognise that there is a great deal of common history with the EU on product safety regulation, but the Bill gives us the power and the option to do as we see fit on a case-by-case basis. Conservative Members’ obsession with this issue does not reflect the reality of the Bill. Amendment 20 would broaden the Bill to recognise product requirements in “relevant foreign law”, rather than only EU law. There is nothing in the Bill that prevents us from adopting other jurisdictions’ standards if we so wish, but “relevant foreign law” is very vague drafting. It could mean almost anything, and there is no definition in the Bill, so it is certainly not a provision that we can support. That approach is capable of being taken under the Bill anyway.

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

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  I am grateful to the hon. Members for West Worcestershire and for Chippenham for the measured way in which they have put forward their concerns, which take us back to where we started this morning. One of the central debates about the Bill concerns the level and balance of the powers in it, and ensuring that the right level of scrutiny is applied to regulations made under it. I believe that we have demonstrated through our actions in the other place that that balance has changed, and that we have struck the right note. Amendments 8 and 9 would make all regulations made under the Bill subject to the affirmative procedure. As introduced, the Bill required new regulations to be subject to the affirmative procedure in a range of important areas, such as emergency powers and the creation of a criminal offence. However, having heard some of the concerns mentioned in the other place, we went further and amended the Bill so that the affirmative procedure would be applied to more areas, including when we impose product requirements on a new category of economic actor for the first time. We believe that that strikes the right balance between the need for scrutiny, appropriate use of parliamentary time, and the flexibility needed to keep our product and metrology regulations up to date. I will not remind Members of the quotes I gave from Ministers in the previous Administration who made similar points. Amendments 10 to 13 are concerned with how the Bill may amend or repeal existing primary or secondary legislation. I understand the concerns about Henry VIII powers, but we heard the concerns and points expressed by peers and the Delegated Powers and Regulatory Reform Committee and have removed almost all the Henry VIII powers from the Bill.

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

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  I do not have an answer to that at the moment. My understanding is that this is effectively a change in the numbering rather than anything more substantive. It is an erroneous reference, which we tried to bottom out in discussions, but there is nothing dodgy going on here.

• 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.