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

Debate between Alison Griffiths and Sarah Gibson
Alison Griffiths Portrait Alison Griffiths
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The amendments in this group serve a clear and vital purpose: to prevent the automatic alignment of UK product regulations with EU law and to reaffirm our sovereign right to set our own standards.

As it stands, clause 1(2) would allow Ministers to make UK regulations that correspond

“to a provision of relevant EU law”

in the area of environmental product standards. In plain English, that opens the door to copying and pasting EU rules into UK law via statutory instrument without full parliamentary scrutiny. Amendment 3 would remove subsection (2) entirely, closing that back door.

Amendments 4, 5, 7 and 21 target other provisions that risk tethering us to EU frameworks. For example, clause 2(7) would allow compliance with certain EU laws to automatically satisfy UK requirements. That is not sovereignty; it is outsourcing. This is not about rejecting co-operation with Europe. It is about ensuring that any alignment is a result of a deliberate and transparent decision made here in Westminster, not an automatic consequence of vague enabling powers. As my hon. Friends the Members for West Worcestershire and for Chester South and Eddisbury have made clear, the British people voted to leave the European Union to take back control of our laws. That control must not be quietly handed back through ministerial shortcuts.

New clause 4 is especially important. It would introduce a safeguard in the form of an independent review panel to assess any regulation made under the Bill that aligns with EU law. Where a Minister chooses to align, the panel would have to report back, within two years, on the impact on growth, trade and industry. Crucially, Parliament would then vote on whether those EU-aligned rules should remain in force. No regulation should persist by inertia. How can the Minister possibly object to a review after two years?

The amendments would not isolate us; they would empower us. They would ensure that when we choose to align with international standards, we do so on our terms, with full accountability. That is the essence of post-Brexit governance. We assert that UK regulators answer first and foremost to the UK Parliament, not to Brussels and not to Whitehall alone.

Sarah Gibson Portrait Sarah Gibson (Chippenham) (LD)
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It is a pleasure to serve under your chairmanship, Sir John. This is only my second Bill Committee, so please accept my apologies if I fail in any of the protocol. I want to make a small point on our new clause 9, which interestingly, being on the subject of the EU, is grouped with amendments tabled by the official Opposition.

I feel that new clause 9 provides a certain compromise between the two positions. It is important to recognise that the EU continues to be one of our biggest trading partners. Currently, a lot of product legislation is aligned, and therefore divergence is a concern for business. A lot of our small enterprises find that exporting to the EU is an important part of their business, so they need clarity and certainty if any legislation or product safety regulations are going to change or diverge. Our new clause would ensure that any such change, whether a continued alignment or a divergence, is scrutinised and made the subject of a statement to the House. I would be grateful if Members supported the new clause, which I feel offers a compromise between the two positions.

Justin Madders Portrait Justin Madders
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We have had several impassioned speeches from Conservative Members. Unfortunately, they are all wrong about what the Bill does. I will attempt to explain what the position actually is.

The Bill provides powers to make and amend relevant product regulations, so that the UK can act in the best interests of our businesses and consumers, which I think we would all agree is a good thing. That includes choosing to recognise or stop recognising EU product requirements. That is the key: there is absolute ability to recognise or not recognise as we see fit. This is not back-door submission to the EU or having our tummies tickled—I am not sure what the correct legislative term for that is. This is about the Government taking back control to set their own laws, as we determined back in 2016.

Amendment 3 would remove clause 1(2), which gives us a power to update regulations that address the environmental impact of products where similar provisions exist in relevant EU law. Increasingly, product regulations take account of the environmental impact of goods and provisions. The Bill will enable us, where it is in the best interests of UK businesses and consumers, to choose whether to update our laws or not. As I have set out, the Bill is about supporting the UK’s interests. Clause 1(2) means that, where it is in the UK’s interests, product regulation can make the same or similar provision as that contained in relevant EU law, which can simplify the regulatory landscape for UK businesses.

Turning to amendment 4, again, clause 2(7) allows us to act in the best interests of UK businesses and consumers. It enables us to provide that requirements in our law can be satisfied by meeting specified EU requirements, but it does not mean that we are obliged to recognise EU provisions, and it also gives us the power to end such recognition. We have been clear that decisions will be taken on a case-by-case basis, which I think is what the shadow Minister was asking for, based on the needs of UK businesses and consumers, with appropriate parliamentary scrutiny. Amendment 4 would take away that flexibility and would freeze EU law in time at May 2024. I mention May 2024 because that is when the Product Safety and Metrology etc. (Amendment) Regulations 2024, which effectively introduced the same powers as those in the Bill, were made.

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

Debate between Alison Griffiths and Sarah Gibson
Sarah Gibson Portrait Sarah Gibson (Chippenham) (LD)
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It is a pleasure to serve under your chairmanship, Ms Vaz. Given that addressing the changes in retail, especially the rise of online marketing, is an important part of the Bill, I feel that the clause is vital, and I will support it. It is slightly sad that colleagues on the Opposition Benches allow their ideology regarding the EU to get in the way of supporting British businesses, which, as we know, want clarity and continuity.

Alison Griffiths Portrait Alison Griffiths
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We share the hon. Member’s view that we should all be ambitious for the United Kingdom. There is no ideology on our side. We are simply seeking a global perspective rather than a constrained perspective.