Justin Madders MP: speeches

Speeches

• 1 Jul 2025 · Parental Leave Review · Hansard source

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  I take it that the shadow Minister is not in support of the review. May I correct him on a few points? Of course it is not a coincidence that this is being announced today; our manifesto was clear that we would launch the review within one year of taking office, and, of course, this week we do celebrate that astounding election victory. On his point about statutory paternity pay, it is £187.18. We know from representations that we have already received that many do not think that that is the right level. He mentioned how Tony Blair and Gordon Brown refused to open this box, but it was their Government who gave us the right to statutory paternity pay and a number of other family-friendly rights, of which the shadow Minister himself has taken advantage. I think we know where the Conservative party stands on these issues when their leader says that maternity pay has gone too far. I do not quite know what she meant by that, but I think it means that the Conservatives would be rolling back some of the well-earned gains in family-friendly policies. The shadow Minister, as I would expect, does not miss an opportunity to mention the Employment Rights Bill. May I suggest that he has a word with his shadow Secretary of State who clearly has not read it? I refer to his recent open letter to businesses in which he mentioned a number of issues with the Bill. First, he complained that we are creating the fair work agency, conveniently forgetting that in both the 2017 and 2019 Conservative party manifestos, there was a similar pledge to create a single enforcement body. He referred to an introductory measure on electronic industrial action balloting. The Conservatives, of course, will be big fans of electronic voting given the number of leadership elections in which they have taken part in recent years. The shadow Minister needs to inform his shadow Secretary of State that that is not in the Bill. I do not know where he thinks that has come from. We are going to introduce electronic balloting, but it is not in the Employment Rights Bill, because we already have existing powers to implement it. In that open letter, the shadow Secretary of State mentions, most curiously, that the Bill will include “a trade union ‘right to roam’”. I do not know if he was searching for a new mobile phone contract at the time, but no such right exists. The shadow Minister talked about the effects on appointments, but he needs to keep up to date: the latest Lloyds business barometer says that business confidence is now at a nine-year high and that 60% of firms expect higher staffing levels in the next year. That is a sign that this Government are getting things done.

• 12 Jun 2025 · Employment Costs · Hansard source

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  My hon. Friend is absolutely right: there are so many echoes of the minimum wage debate, it is uncanny. As time has shown, the minimum wage has raised living standards in this country and it is something we are very proud to have implemented. We are looking to bring more investment across the economy. Recent surveys have shown that business confidence is increasing as a result of decisions made by this Labour Government.

• 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source

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  I will address new clause 2 in due course. That is a more a consumer-related issue than a product safety one, but I understand the intent behind it. We have heard a lot of concerns—many of them misplaced—about the breadth of powers contained within the Bill. In the other place, we did increase the measures that will be subject to the affirmative procedure. We removed several Henry VIII clauses and added a statutory consultation requirement. We also published a code of conduct, available in the Library of the House, which sets out exactly how the powers under the Bill will be used. I now believe the Bill strikes the right balance of appropriate parliamentary scrutiny without clogging up parliamentary time with highly technical product regulations. Gutting the Bill by removing the central power would leave consumers unprotected. Amendments 10, 14 to 17, 25 to 29 and 32 all relate to EU law. I want to be absolutely clear yet again that the powers in the Bill give the UK the flexibility to manage its own product regulatory framework. Part of that is, of course, ensuring that the UK can respond to relevant developments in EU law. It does not mean that the UK is beholden to EU changes, and all regulations will be subject to Parliament’s oversight. I also wish to reassure the House that the Government remain committed to our obligations under the Windsor framework. The reason the Bill explicitly references the EU rather than other jurisdictions is that most of our product regulation is, of course, inherited from EU law. The UK continues to recognise certain EU product requirements—a policy that was, of course, enacted under the previous Government only 12 months ago. The Bill’s powers allow us to continue or end such recognition based on the UK’s interests on a case-by-case basis. Decisions on whether to diverge or align will be made as they come along and will only be implemented by laying a statutory instrument in Parliament. Recognition of EU product requirements would be stated in UK law and could only be enforced by UK authorities. The Bill does not grant jurisdiction to foreign courts. I find amendment 15, which would prevent CE recognition, an odd amendment to be pushed by the Conservatives given that they introduced regulations only a year ago that did the absolute opposite. New clauses 8, 14, 16 and 17 and amendments 13, 31 and 33 deal with themes of EU law, parliamentary scrutiny and oversight. These amendments duplicate the robust safeguards already in the Bill and the statutory and non-statutory controls that we have published in our code of conduct. Those include the statutory requirement for consultation and assessments under the better regulation framework. The Government value Parliament’s role in scrutinising legislation, so we will continue to consult all the devolved Governments as appropriate to ensure that regulations work for the whole of the UK. Let me turn to amendments 1, 12, 18 and 30, on parliamentary scrutiny. The Bill as introduced already applied the affirmative procedure in key areas, including the creation of criminal offences—contrary to what has been said this afternoon—and amending primary legislation. However, in response to matters raised by the DPRRC, we have added additional areas, which are set out in clause 13(4). For the avoidance of doubt, I can confirm that the affirmative procedure applies to the following: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery; regulations amending or repealing the Gun Barrel Proof Acts; consequential amendments to primary legislation; and regulations amending the definition of online marketplaces.

• 4 Jun 2025 · Product Regulation and Metrology Bill [Lords] · Hansard source

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  My hon. Friend makes an important point. The Ministry of Housing, Communities and Local Government will be primarily responsible for enforcement at the local level, but the Bill also increases the powers of local trading standards to enforce measures. The Bill affects the whole of the UK. We have worked closely and constructively with devolved Governments on policy development through regular engagement and throughout the Bill’s passage at both ministerial and official level. I therefore thank the devolved Governments, Ministers and their teams for working so constructively with us. In Committee, we tabled an amendment that placed a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provisions within their devolved competence. We believe that provides for the most effective and appropriate role for the devolved Governments in a way that respects the individual devolution settlements. I am pleased to report that the Senedd passed a legislative consent motion for the Bill yesterday. I have also had constructive discussions with the Scottish Government and the Northern Ireland Executive, and both have recommended legislative consent to their respective legislatures. We will continue to work collaboratively with those bodies to develop product regulation that best supports businesses and consumers across the whole of the UK. I will provide a quick recap of some of the changes made to the Bill by the Government since it was introduced last year, in addition to the devolution amendment, because there has been some misconception about what the Bill does and does not do. We have added a statutory consultation mechanism to ensure that stakeholders can shape product and metrology regulations. We have extended the affirmative procedure to parts of the Bill to further boost parliamentary scrutiny; for the avoidance of doubt, they are detailed in clause 13(4). The affirmative procedure therefore now applies to: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery, which I have already referred to in my response to the intervention from my hon. Friend the Member for Stoke-on-Trent Central; regulations amending or repealing the Gun Barrel Proof Acts; regulations on consequential amendments to primary legislation; and regulations amending the definition of online marketplaces. As Members will be aware from the responses on Report, there were a number of reasons that we want flexibility with regard to online marketplaces, which we believe will develop in ways that we cannot predict. I can confirm that aviation safety products are exempted from the Bill as they are covered in existing legislation. The Government have published a code of conduct that sets out the statutory and non-statutory guardrails to ensure that regulation made under this legislation is proportionate and well designed. It is also worth addressing the criticism that this is a skeletal Bill and pointing out that the proportion of skeletal Bills tripled in 2016-2023 compared with 1991-2015. Indeed, in the former period, some 19 separate Bills were described as skeletal by the Delegated Powers and Regulatory Reform Committee.

• 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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  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.

• 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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  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 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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  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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  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.

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

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

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

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

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

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

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