REACH (Amendment) (No. 2) Regulations 2026

Lord Roborough Excerpts

Tuesday 7th July 2026 Grand Committee

The Liberal Democrats support these regulations as a necessary and pragmatic step, but we also expect and hope that the Government will find ways to move faster to deliver a final, stable model that protects both our environment and our economy. As I am sure they understand, the current approach cannot continue indefinitely. Therefore, we need clarity, speed and a system that commands the confidence of industry, regulators and the public.

[Lord Roborough (Con)]

My Lords, we on these Benches also welcome this measure to extend the transition period for businesses to submit information to the Health and Safety Executive under the UK REACH regulations. I thank the Minister for bringing these regulations to the Committee.

The UK’s registration, evaluation, authorisation and restriction of chemicals replicated the EU REACH regime. To manage the transition, requirements to submit further information were phased, and the deadlines were extended twice by our previous Government, in 2020 and in 2023. This statutory instrument extends the deadlines to submit information to the HSE for registrants, downstream users and distributors that continue to import chemicals from the EU. This will allow the compliance costs of registered businesses in the chemicals sector to be spread more evenly. It is worth noting that 98% of registered businesses in the chemicals sector are small, medium or micro businesses.

In addition, the SI will provide more time for the Government to introduce a new transitional registration model to cover registrations of substances that were already on the EU market at the time of Brexit. This is expected to reduce costs for industry significantly, so can the Minister update the Committee on when this new model will be introduced?

The Minister might be pleased to hear that I do not have many additional questions, given that so many have been asked. But I highlight the Government’s response to concerns submitted to the Secondary Legislation Scrutiny Committee about divergence from the EU in this policy area. The Government stated—the Minister was kind enough to repeat this—that

“divergence only occurs where there are compelling reasons, for example to protect the resilience of essential national infrastructure. In doing so, we will retain full control of our regulatory decisions”.

If that is the case, why will the Government not take the same approach to the SPS regulations soon to be determined by the EU, in particular on the role of precision breeding?

I will take advantage of this opportunity to ask one question on something not directly related to this SI: the chemical Asulox. Emergency authorisations for its use ended a few years ago, and we are already seeing the impact of the withdrawal of Asulox from the market, as bracken moves further and further up the hill, outcompeting grass, outcompeting degraded peat and undermining our habitats. Will the Minister commit to take that away and see whether anything can be done to reintroduce Asulox to the market? I very much look forward to her response.

[Baroness Hayman of Ullock (Lab)]

My Lords, I am grateful to noble Lords for their important contributions and for the careful consideration given to the regulations. I will go through some of the questions and issues raised.

Noble Lords asked about the deadline extension. Clearly, this is now the third time. The deadlines were first altered when we were still preparing for EU exit, to allow businesses enough time to compile and submit the full required information, given the complexity and scale of the task. As I mentioned, there was a further extension in 2023 to address transitional challenges, especially the considerable cost to business of acquiring the additional information. This Government wanted to reassess their broader chemicals policy, and it then became clear that we could not implement the ATRm in time for the original deadline. We want to get a robust and effective policy framework for the future, which is why we have extended the deadlines.

My noble friend Lord Stansgate in particular asked what guarantee we can give that we will not extend it again. Clearly, we really do not want to do that. I completely agree with the noble Baroness, Lady Grender, that businesses need certainty, and continually moving the goalposts and changing dates does not help, so we have absolutely no intention of extending the deadlines further.

We published our policy conclusions on the ATRm back in March, and that set a firm path forward for government. On the questions around timetables, we are looking to consult very quickly on the legislation in order to bring the model into force next year so that businesses have ample time to prepare for the new deadlines. As I said, we do not plan to bring in any further extensions.

As I said, in March we published the timetable for implementing the alternative transitional registration model. By consulting quickly and then bringing in the new regulations next year, we want to ensure that industry has sufficient time to prepare its registrations so that it is ready to comply with the first revised submission in an orderly way, which is what we want. Now that we have said this is what we will do, we want to consult as quickly as possible.

The noble Baroness, Lady McIntosh of Pickering, asked about the Swiss style and why we could not take that approach to chemicals registration rather than developing a separate UK model. One of the core principles of UK REACH is that it is industry’s primary responsibility to understand and manage the risks of its chemicals, and registration is how it demonstrates that it is doing this. That means submitting data on hazard conclusions and classifications and how it is using chemicals in this country. We need to assure the public and consumers that chemicals are managed safely.

This “no data, no market” approach remains a central part of UK REACH, and that is not embedded in Switzerland’s system in the same way. However, we are exploring whether elements of a Swiss-style approach could help improve the speed and efficiency of UK REACH restriction decision-making, particularly where many GB businesses already comply with EU restrictions and there is no compelling reason to diverge. I hope that helps the noble Baroness, as we are still looking at the options around that.