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Written Question
Furniture and Furnishings (Fire) (Safety) Regulations 1988
Wednesday 22nd May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government when they will respond to their 2016 consultation on updating the Furniture and Furnishings (Fire Safety) Regulations 1988.

Answered by Lord Henley

This is a complex issue and it is absolutely vital that the Government gets this right: we are committed to reviewing these regulations to ensure that the highest levels of fire safety are maintained while minimising risks to health and the environment.

The Department will publish its response to the 2016 consultation in due course.


Written Question
Furniture: Fire Resistant Materials
Wednesday 22nd May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Business, Energy and Industrial Strategy:

To ask Her Majesty's Government how much the Office for Product Safety and Standards has spent on product compliance testing under the Furniture and Furnishings (Fire Safety) Regulations 1988 since its formation; and what were the results of such testing.

Answered by Lord Henley

The Office for Product Safety and Standards has made available £500,000 in 2018 and £600,000 in 2019 for Local Authority Trading Standards to carry out product compliance testing at accredited laboratories. This testing includes compliance testing under the Furniture and Furnishings (Fire) (Safety) Regulations 1988.

Local Authority Trading Standards take appropriate enforcement action as required in light of the results from this testing.


Written Question
Furniture: Fire Resistant Materials
Wednesday 22nd May 2019

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 finding of the study Flame retardants in UK furniture increase smoke toxicity more than they reduce fire growth rate, published in the journal Chemosphere in December 2017; and what steps they are taking to ensure that UK furniture is safe.

Answered by Lord Henley

As part of the Government’s review of the Furniture and Furnishings (Fire)(Safety) Regulations 1988, we are taking account of a wide range of scientific evidence from external sources including academic papers and studies.

We are committed to reviewing these regulations to ensure that the highest levels of fire safety are maintained while minimising risks to health and the environment.


Written Question
Furniture: Fire Resistant Materials
Tuesday 21st May 2019

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.


Written Question
Furniture: Fire Resistant Materials
Monday 20th May 2019

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.


Written Question
Furniture: Fire Resistant Materials
Monday 20th May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Department for Environment, Food and Rural Affairs:

To ask Her Majesty's Government what steps they taking to comply with the Stockholm Agreement and other agreements on the control of hazardous chemicals for any UK upholstered furniture containing a number of persistent organic pollutants with no available information or register of their chemical composition, in particular, flame retardants.

Answered by Lord Gardiner of Kimble

The UK has some of the most rigorous chemical regulations in the world. The Government implements the Stockholm Convention through EU Regulation (EC) No 850/2004 on Persistent Organic Pollutants. Chemicals in use also have to go through assessments under the REACH Regulation (No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals). All furniture placed on the market in the UK must comply with these regulations.

We are committed to improving traceability of chemicals in products and waste and are working with the Department for Business, Energy and Industrial Strategy on this.

Specifically, 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.


Written Question
Social Security Benefits: Disability
Thursday 16th May 2019

Asked by: Countess of Mar (Crossbench - Excepted Hereditary)

Question to the Ministry of Justice:

To ask Her Majesty's Government when the Tribunals Service intends to proceed with the introduction of Continuous Online Resolution for personal independence payments and employment and support allowance appeals; and in what circumstances a case would be considered unsuitable for consideration by such a process.

Answered by Lord Keen of Elie

The system to support Continuous Online Resolution (COR) is currently being tested with the Tribunal’s judiciary. As soon as testing has shown the system to be robust, a small number of people with a pending Personal Independence Payment appeal will be invited to take part in an initial pilot of COR. Current indications are this is likely to commence before the summer.

The Tribunal’s judiciary intend, following successful testing, to be able to offer COR to all appellants. A case would be unsuitable if the parties did not wish to undergo that process or the panel thought it unsuitable.


Written Question
Furniture: Fire Resistant Materials
Tuesday 14th May 2019

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.


Written Question
Furniture: Fire Resistant Materials
Tuesday 14th May 2019

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.


Written Question
Furniture: Fire Resistant Materials
Tuesday 14th May 2019

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.