Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what steps they are taking to address the differences between the Furniture and Furnishings (Fire Safety) Regulations 1988 and the Regulatory Reform (Fire Safety) Order 2005.
Answered by Lord Henley
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Regulatory Reform (Fire Safety) Order 2005 work in different ways but both aim to provide protection from fire risks.
The Government’s review of the Furniture and Furnishings (Fire)(Safety) Regulations 1988 aims to ensure they reflect changes in fire safety risks, and respond to developments in furniture design, innovation, manufacturing processes and environmental and health concerns while maintaining fire safety protections.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what assessment they have made of the safety of the use of decabromodiphenyl ethane in UK furniture; and what advice, if any, they have received from (1) the European Chemicals Agency, (2) the Health and Safety Executive, and (3) the Committee on Toxicity of Chemicals in Food, Consumer Products and the Environment on the risks of using decabromodiphenyl ethane.
Answered by Lord Henley
The Government is currently reviewing the operation of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and is taking account of evidence and advice from external sources such as academic papers as well as the views of experts from across government, including Chief Scientific Advisors.
All furniture must also comply with the General Product Safety Regulations 2005 and be safe before it can be placed on the market.
DecaBDE is a persistent organic pollutant. The UK ceased production of this substance in 1996 and its use has declined sharply since then. Many other countries have also phased out its use. It was banned under the UN Stockholm Convention on persistent organic pollutants in December 2018 and under the European chemical regulation regime, REACH, in March 2019. It will not be present in household soft furnishings and mattresses purchased after this ban comes into effect.
Chemicals, including brominated flame retardants used in UK furniture, are regulated under Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). REACH aims to provide a high level of protection for health and the environment from the use of chemicals including those used in products.
In order to comply with REACH, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They have to demonstrate how the substances can be safely used, and they must communicate the risk management measures to the users. If the risks cannot be managed, authorities can ban or restrict the use of substances.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government (1) what assessment they have made of whether manufacturers not meeting the requirement to list the chemical constituents of flame retardants used in furniture and furnishings is a barrier to customers making informed decisions; and (2) whether by not meeting this requirement, the safe disposal or recycling of furniture which may contain banned chemicals is prevented.
Answered by Lord Henley
The Government is reviewing the Furniture and Furnishings (Fire)(Safety) Regulations 1988 and has consulted on whether to introduce a specific requirement for furniture labels to stipulate any flame retardants used in their manufacture. The Government’s response to the consultation will be published in due course.
We are currently conducting behavioural insights research to develop a comprehensive understanding of consumer attitudes towards product safety including what assumptions consumers make about risk and safety.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government whether all flame retardants currently in use in furniture and furnishings are safe.
Answered by Lord Henley
Flame retardant chemicals are regulated under Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). To comply with REACH, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They have to demonstrate how the substances can be safely used, and they must communicate the risk management measures to the users. If the risks cannot be managed, authorities can ban or restrict the use of substances.
It is the responsibility of manufacturers to ensure that any flame retardants they use are effective in meeting legal requirements for safety.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government (1) what assessment they have made of the University of Central Lancashire paper Flame retardants in UK furniture increase smoke toxicity more than reduce fire growth rate, published in December 2017; (2) whether they consulted the Government Chief Scientific Adviser in making any such assessment; and (3) whether they intend to review the efficacy of flame retardants which are currently on the market.
Answered by Lord Henley
The Government is currently reviewing the operation of the Furniture and Furnishings (Fire)( Safety) Regulations 1988 and will take account of evidence from external sources such as academic papers as well as the views of experts from across government, including Chief Scientific Advisors.
It is the responsibility of manufacturers to ensure that any flame retardants they use are effective in meeting legal requirements for safety.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what measures are provided in product safety legislation to ensure that flame retardants used in furniture and furnishings are safe for everyday use.
Answered by Lord Henley
Chemicals, including flame retardants used in furniture and furnishings, are regulated under Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). This aims to provide a high level of protection for health and the environment from the use of chemicals including those used in products.
In order to comply with REACH, companies must identify and manage the risks linked to the substances they manufacture and market in the EU. They have to demonstrate how the substances can be safely used, and they must communicate the risk management measures to the users. If the risks cannot be managed, authorities can ban or restrict the use of substances.
All furniture must also comply with the General Product Safety Regulations 2005 and be safe before it can be placed on the market.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government why highly flammable foams which form hydrogen cyanide when burnt are permitted to be used in furniture upholstery and building insulation.
Answered by Lord Henley
We are committed to ensuring high levels of consumer safety. Furniture must comply with the 1988 Furniture and Furnishings (Fire)(Safety) Regulations. These regulations are currently being reviewed.
Insulation materials used in buildings must comply with the 2010 Building Regulations. MHCLG published in December 2018 a call for evidence starting a technical review of the Building Regulations’ guidance with regards to fire safety (Approved Document B). The Department is currently reviewing the responses to this call for evidence.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government what evidence they have collected on the effectiveness of provision of safety of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 that differs to that included in their document Technical Paper: Systematic Rationale for modification of the Furniture and Furnishings (Fire) (Safety) Regulations in relation to Schedules 4 & 5, published in October 2014; and if they have any such evidence, whether they will publish it.
Answered by Lord Henley
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 are being reviewed to ensure they reflect changed fire safety risks, innovation, manufacturing processes and environmental and health concerns of chemical flame retardants whilst maintaining product safety protections.
The Department welcomes any innovative approaches that deliver consumer safety and comply with existing fire safety regulations, including methods which do not use flame retardants.
The Department will publish its response to the 2016 consultation on the regulations in due course. This will take account of the responses received, the views of experts from across government including the Department for Environment, Food and Rural Affairs, Public Health England, the Food Standards Agency and the Fire Services, as well as a range of evidence from external sources such as academic papers.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government whether, further to the 2014 and 2016 consultations on Furniture and Furnishings (Fire) (Safety) Regulations and the Technical Paper: Systematic Rationale for modification of the Furniture and Furnishings (Fire) (Safety) Regulations in relation to Schedules 4 & 5, published in October 2014, which outlined the problems with the match test, they will now revoke that test.
Answered by Lord Henley
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 are being reviewed to ensure they reflect changed fire safety risks, innovation, manufacturing processes and environmental and health concerns of chemical flame retardants whilst maintaining product safety protections.
The Department welcomes any innovative approaches that deliver consumer safety and comply with existing fire safety regulations, including methods which do not use flame retardants.
The Department will publish its response to the 2016 consultation on the regulations in due course. This will take account of the responses received, the views of experts from across government including the Department for Environment, Food and Rural Affairs, Public Health England, the Food Standards Agency and the Fire Services, as well as a range of evidence from external sources such as academic papers.
Asked by: Countess of Mar (Crossbench - Excepted Hereditary)
Question to the Department for Business, Energy and Industrial Strategy:
To ask Her Majesty's Government whether they have conducted life-cycle analyses to evaluate the benefits, risks, health and environmental effects of chemical flame retardants, alongside their fire safety impacts; and if so, (1) when, and (2) where such analyses have been published.
Answered by Lord Henley
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 are being reviewed to ensure they reflect changed fire safety risks, innovation, manufacturing processes and environmental and health concerns of chemical flame retardants whilst maintaining product safety protections.
The Department welcomes any innovative approaches that deliver consumer safety and comply with existing fire safety regulations, including methods which do not use flame retardants.
The Department will publish its response to the 2016 consultation on the regulations in due course. This will take account of the responses received, the views of experts from across government including the Department for Environment, Food and Rural Affairs, Public Health England, the Food Standards Agency and the Fire Services, as well as a range of evidence from external sources such as academic papers.