Product Regulation and Metrology Bill [ Lords ] (First sitting)

Debate between Alison Griffiths and Harriett Baldwin

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Dame Harriett Baldwin]

What a great pleasure it is to serve under your chairmanship this morning, Sir John, and for the duration of this Bill Committee. I am shall start by indulging the Committee with a little bit of background on the reasons behind the amendments in this group.

As colleagues will have noted, the Bill gives sweeping powers to the Secretary of State to change regulations through delegated legislation. It is what everyone would describe as a skeleton Bill—and those are not just my words. In clause 1, which we seek to amend, the sweeping powers given to the Secretary of State are quite extraordinary. It is not just the Opposition who have pointed that out. The Delegated Powers and Regulatory Reform Committee in the other place looked closely at the Bill and concluded that the delegated powers in clause 1—we will come to the other clauses later—are inappropriate and should be removed from the Bill. I am sure Members will agree that that is quite a strong statement.

In response to the concerns raised by the Delegated Powers and Regulatory Reform Committee, the Government shifted somewhat. They acknowledged that Committee’s concerns and accepted that more detail could have been included in the delegated powers memorandum. Nevertheless, we heard again from the Committee on 21 February, when it welcomed the amendments the Government had tabled to introduce a requirement for consultation and narrow some of the delegated powers, but stated:

“The Government has not taken the opportunity to add flesh to the bones of this skeleton Bill.”

The Committee in the other place remained of the view that

“the delegation to Ministers of law-making powers in this Bill involves legislative power shifting to an unacceptable extent from the legislature to the Executive”

and that

“the Government has failed to provide a convincing justification for the inclusion of skeleton clauses in this Bill that give Ministers such wide powers to re-write in regulations the substance of the regulatory regimes for products and metrology.”

The Committee added that regulations made under the Bill should “in all cases” be subject to “affirmative procedure scrutiny”, meaning the regulations would require active approval by both Houses.

Clause 1 gives the Secretary of State extraordinary powers. I put on the record that the Secretary of State is a man of benign disposition. We can all see that many dangerous products find their way into the UK and to UK consumers’ homes, either through online marketplaces or through other means, and that a prudent and benign Government would need to introduce regulations to address that. The evidence that has been supplied to the Committee cites alarming cases of lithium-ion batteries, and regulations need take into account how dangerous those products can sometimes be. We are all aware of some of the challenges with online marketplaces where products that are illegal in the UK find their way to the UK market and UK consumers.

At the same time, although it may come as a surprise to some people, there are other countries in the world, and they also put in place product regulations. Some may have higher standards than us, and some may have lower standards. We can all agree that we want product regulation to be not only of the very best quality for the UK consumer, but consistent across our United Kingdom. The evidence to the Committee also highlights the need to look at the issue of fulfilment centres, on which it will be interesting to hear from the Minister.

It is also the case that we have our own accreditation: the UKCA—UK conformity assessed—marking. Many businesses in the UK have taken extensive and expensive steps to apply for that accreditation. The previous Government extended the recognition of the CE—conformité Européenne—marking, with which people are familiar and which shows that a product has met product regulation requirements in the EU. What plans do the Minister and his Department have for extending recognition of the very high standards that apply in the UKCA marking scheme?

What are the Government’s plans for when the operation of clause 1 leads to a difference in standards and labelling for particular products? In the evidence the Committee received, the example of tumble dryers was highlighted. A tumble dryer is likely to be subject to different labelling requirements in different parts of the UK, with the requirements in Northern Ireland being different from those in Great Britain.

In short, we are concerned that the legislation would give enormous powers to a future Secretary of State who might not be as benign as the one we have now. We need only to look across the Atlantic to see how President Trump was able to use Executive powers to move away from paper straws to plastic straws at the sweep of his signature. I am sure that Labour Members are extremely concerned about giving enormous delegated powers to the Executive, so will want to support our amendments to clause 1.

The Delegated Powers and Regulatory Reform Committee not only had concerns about clause 1, as we will discuss in due course, but also raised concerns about clauses 2, 3, 5, 6 and 9, which I am sure we will discuss at length. It is extraordinary how much power is being taken by the Executive in this legislation. The Conservatives accept that there is a need to reduce and mitigate the risks presented by products that make their way into the UK marketplace. There is obviously an important role in ensuring that products operate efficiently and effectively, and that products designed for weighing or measuring operate accurately. However, we are startled by the extent of the powers provided to the Secretary State in clause 1, particularly in the subsections that we propose to amend. The Secretary of State’s powers are startling, as will be shown in the Committee’s line-by-line scrutiny of the clause.

To summarise the concerns about delegated powers, the Delegated Powers and Regulatory Reform Committee stated that:

“A delegated power is needed in order to ensure that the Secretary of State is able to respond swiftly to any new risks and hazards that might arise in this area—”

I am sure we will mention that again when we move on to clause 4—

“as well as ensuring continuity across the United Kingdom internal market. This will include an ability to maintain continuity with relevant EU law where it is deemed appropriate and, in the United Kingdom’s best interests to do so, but also the ability to make different provision to the EU.”

We will talk about that in more detail when we discuss clause 2.

It is worth highlighting to the Committee that the Secretary of State himself is not a fan of delegated powers. When in opposition, he stated clearly that they carry a risk of abuse by the Executive and were not something that the Opposition could ever support. In 2018, the Secretary of State said:

“We must bear in mind that the use of delegated powers carries a risk of abuse by the Executive, which is not something the Opposition could ever support. Rather, it is our duty at this stage to check the powers of the Executive and ensure that we are not giving them carte blanche to change the balance of power permanently in their favour.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee, 1 February 2018; c. 305.]

It is not just the Secretary of State who feels strongly about this issue. The Attorney General said in his recent Bingham lecture on the rule of law that Henry VIII powers such as we see in this legislation are a strike at the rule of law—that skeleton legislation or delegated legislation

“not only strikes at the rule of law…but also at the cardinal principles of accessibility and legal certainty.”

I see that you are listening intently, Sir John. I want to re-emphasise why I think the powers are inappropriately drawn. Despite some movement in the other place, the Secretary of State is left with powers that are far too wide-ranging. On Third Reading in the other place, Lord Leong, speaking for the Government, said:

“We have taken the Bill from its early state to where it is today, and obviously it will now go to the other place. I am sure that the noble Lord is right: there will be further deliberation…and hopefully”—

that is the important point—

“we will get it to a better place.”—[Official Report, House of Lords, 12 March 2025; Vol. 844, c. 714.]

That is a green light from the Government spokesman in the other place for this Committee to do its job. I urge the Committee to accept our amendments to clause 1.

[Alison Griffiths (Bognor Regis and Littlehampton) (Con)]

My hon. Friend the Member for West Worcestershire made numerous important points—I reinforce the point that this group of amendments looks to a future with a less benign Secretary of State—and made the case that the current Secretary of State agrees with her.

Amendments 14, 15, and 16 seek to remove the sweeping powers currently granted to the Secretary of State under clause 1(1). As drafted, the clause gives a single Minister an almost unrestricted mandate to define and regulate product standards, ostensibly to reduce risk and ensure efficient and effective operation. The terms are vague and the power to define them is left entirely to the Executive. This is not a technical tweak. It is a fundamental constitutional concern. Clause 1(1) effectively hands Ministers a blank cheque to legislate by decree, bypassing the scrutiny and consent of this House.

The amendments would delete the subsection and make the necessary consequential changes, thereby restoring the proper balance between Executive action and parliamentary oversight. This is not about obstructing Government action. It is about ensuring that when Ministers act, they do so within clearly defined limits and with the approval of Parliament. Regulations that affect businesses, consumers and the public at large should not be made behind closed doors in Whitehall. They should be debated and decided in public, by elected representatives.

By supporting amendments 14 to 16, we reaffirm a vital constitutional principle: that it is Parliament, not Ministers, who should define the scope of regulatory power. The changes would not weaken the Bill; they would strengthen it by embedding accountability and transparency at its core. I urge colleagues to support the amendments.

Product Regulation and Metrology Bill [Lords] (Second sitting)

Debate between Alison Griffiths and Harriett Baldwin

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Dame Harriett Baldwin]

I beg to move amendment 26, in clause 3, page 5, line 16, leave out subsections (9) to (11).

Clause 3 continues to become even more dystopian. In the debate on clause 1, we acknowledged that we have an extremely benign Minister and Secretary of State, and we all acknowledge that products reach the UK marketplace that should not reach our consumers and constituents. However, that does not mean that we should give the Secretary of State with sweeping powers in law to come up with regulations and to have them enforced by some random “relevant authority”. We have heard a list of those authorities, but we know that it is not exhaustive.

Some poor, innocent business might not notice that the product regulations have been changed suddenly, because there was very little overt scrutiny of that change, and they might be left with a warehouse full of some good that was perfectly saleable on the UK market yesterday but is not today. As a result of the provisions in subsections (9) to (11), the relevant authority can send somebody into that business with sweeping powers to enter a premises, to levy fines, to create criminal offences and to send an individual to prison for up to three months. The provisions under subsection (9) to (11) could also go through with minimal legislative scrutiny—it really is not good enough. This is another of the skeleton clauses about which they despaired in the other place.

Subsection (9) specifies that product regulations can create or widen the scope of criminal offences, with prosecution by the relevant authorities—we do not know who they are—subject to the affirmative procedure, and they can confer powers on that same relevant authority to impose civil sanctions, including fines. The poor business that I am describing—one with a warehouse full of goods that suddenly, unbeknownst to that business, can no longer be sold legally in the UK, because a Parliament in Brussels has changed the rules—can find itself subject to confiscation and fines.

Under subsection (11), criminal offences must be

“triable summarily only, or…triable summarily or on indictment”.

The subsection provides for statutory limits on offences, but frankly, they are pretty harsh for someone who has potentially been caught inadvertently with products that no longer meet the standards for the UK market. Of all the shocking things in the Bill, these provisions are the most shocking.

Amendment 26 seeks to ensure that new criminal offences, which would have consequences for our already overburdened Ministry of Justice and criminal justice system, are not created through new product regulations under the Bill. The ability to create new criminal offences is an incredibly significant power; it really should not be passed through secondary legislation, and Government Members should think about what they are doing by supporting clause 3.

The creation of new criminal offences needs to be brought to both Houses and debated through proper parliamentary procedure, so that we can explore who these relevant authorities are as well as the potential inadvertent breaches of product regulation and metrology. Frankly, I think that this is the most shocking part of the legislation that we have seen. It shocked the other place, it has shocked the Opposition, and I think the constituents of Government Members will be shocked that they might agree to these sweeping powers.

[Alison Griffiths]

Amendment 26 relates to the alarming creation of new criminal offences in clause 3, as my hon. Friend the Member for West Worcestershire has already set out. Clause 3(9) to (11) would let Ministers create or widen criminal offences and penalties by regulation, bypassing full parliamentary scrutiny. As my hon. Friend has set out, this is an absolute travesty, and it is extraordinary to believe that Government Members will support it.

The clause is an affront to the principle that criminal law is made by the people’s elected representatives in primary legislation, not by Ministers slipping provisions through the regulatory back door. Even the House of Lords Constitution Committee has fiercely criticised the approach, reiterating that using delegated powers to create crimes is “constitutionally unacceptable”. It urges that these subsections should be removed from the Bill entirely. We simply cannot allow a situation where business owners wake up one morning and find that a new statutory instrument has turned some technical regulatory breach into a criminal offence punishable by imprisonment. I urge Government Members to think about the provision.