Product Regulation and Metrology Bill [Lords]

Andrew Murrison Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Jonathan Reynolds]

That was obviously part of a very wise set of remarks that I made from the Dispatch Box. But, yes, we must recognise that. I say again, because the Bill has been through the other place, that changes have been made as a result of that feedback: we have removed a number of Henry VIII powers; we have introduced a consultation requirement; we have provided for additional affirmative resolution procedures; and we have said that we will publish a code of conduct that sets out the statutory and non-statutory controls to ensure that regulation is proportionate, evidence-based and developed through consultation. Because of the process that we have been through, we have responded to the kind of concerns that I was wisely articulating in relation to primary legislation.

Perhaps it will be of use to the House if I say a little about that journey and the work of the other place in this regard. I wish to thank in particular my ministerial colleague, Lord Leong, for his great efforts in taking the Bill through the other place. I also thank the many Members and Committees of the other House for their assistance in creating what I believe is strong and effective legislation—legislation that will benefit millions of UK businesses, tens of millions of consumers, and, of course, all those who enjoy a pint or two at the pub.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

On pints—

[Jonathan Reynolds]

I give way on that point.

[Dr Murrison]

The Minister is right to praise the House of Lords for making sure that the great British pint is in this Bill as an exclusion from the metrology regulations. However, this will not satisfy the metric martyrs. The Minister will remember that the ability to sell in imperial measures was a big issue a few years ago. Why is it that there is an elaborate schedule to the product regulations, but not to metrology, and why in particular is food generically not included in the exemptions from what the Minister proposes to do?

[Jonathan Reynolds]

We would say with confidence that there was never a danger to the pint, but because of the concerns that were raised in the other place and perhaps by some colleagues here, I am more than happy to have made the changes to assure everyone present and everyone watching that the pint will be defended and secured in the Bill. I have to say that I have received no entreaties from businesses that they wish to sell in imperial measurements. However, if the right hon. Gentleman believes that there is an absence of provisions in the Bill, he can write to me and I shall write back to him and hopefully be able to reassure him. I think he may be misplaced in thinking that that is a principal issue for UK businesses.

As all hon. Members know, the digital age in which we live has created significant growth opportunities. The consumer and technology landscapes that we have today are almost unrecognisable from those we had 20 or 30 years ago, so the products that we buy and the way in which we buy them are evolving rapidly. That means that the relevant rules and regulations must adapt, too. If we are to protect consumers and businesses, especially smaller firms, that is essential.

As we have examined in some detail, product regulation and metrology are policy areas that have largely been repatriated from the EU following our withdrawal in 2021. Since then the UK Government have simply not had the necessary powers to continue regulating these areas effectively. We have brought forward this legislation so that we can respond to anticipated changes in the global regulatory landscape. That is why, to be frank, I am somewhat bemused by the reasoned amendments tabled today.

The Bill will ensure that the UK is better placed to address modern-day safety issues. It gives us the power to better regulate items such as potentially dangerous baby sleep products and toys. It will enable us to reduce burdens on business and keep up with technological developments, for example by updating the outdoor noise regulations in Great Britain. It will align testing methods across the UK, which was overwhelmingly supported in our recent call for evidence, and it will protect the public from noise pollution from products like lawn mowers and power generators.

--- Later in debate ---

[Andrew Griffith]

My right hon. Friend makes the perfect point that this is precisely what the road to serfdom looks like, whether it is serfdom to an individual Minister at a moment in time or serfdom to an unelected Brussels bureaucratic elite. Why would we give up the powers of this House, the reason why we are sent here, and the ability to hold the Government to account?

[Dr Murrison]

The hon. Member described the Bill as a Trojan horse—it is more like a Trojan donkey. Does he agree that clause 2(7) is a particular problem, because it appears to take European Union regulations as the baseline for determining safety? To many of us, the assumption that European Union regulations should be the starting point for any safety regulations that we might want to make seems somewhat bizarre.

[Andrew Griffith]

The right hon. Gentleman is exactly right, and we can contrast the number of references to the European Union throughout the Bill with, for example, our biggest single country trading partner—the United States.

Product Regulation and Metrology Bill [Lords]

Andrew Murrison Excerpts

Report stage
Wednesday 4th June 2025 Commons Chamber

[Jim Allister]

I agree, absolutely. The House of Lords has done some very informative and useful work on the Bill. I only hope that it is not wasted on this Government, but that is my fear.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

Has the hon. and learned Member had time to look at amendment 13, under which, if there was any backsliding by the Government, the matter would be brought back to this House for determination? I suspect that he, like me, would not accuse Ministers of being capable of abusing Henry VIII powers at the moment, but those in some future Government might. That is why we need amendment 13, particularly to ensure that retained EU legislation, a third of which the previous Government binned, canned, and got rid of, does not start creeping back over months and years, taking us back to where we began prior to 2016, and effectively taking the public for fools.

[Jim Allister]

I agree, absolutely. No Member of this House should glibly pass over clause 2(7), because it expressly and emphatically sets out that regulations, which can be made without recourse to this House, can provide that

“a product requirement is to be treated as met”

if it meets the relevant EU regulation. That is indisputably a bold platform for dynamically realigning this United Kingdom, in all its regulations, with the EU, so that we become rule takers. That is what I fundamentally object to in the Bill.

This House’s lack of scrutiny powers on these matters is made worse by the fact that we no longer have the European Scrutiny Committee. If we had that Committee, we would at least have that opportunity for scrutiny. That is why I welcome new clause 15, which would require the authorities of this House to explore and hopefully ultimately establish a Committee to scrutinise the regulations being made. Surely the minimum expectation of anyone democratically elected to this House is that we should have the capacity for oversight, challenge and scrutiny of laws being made in the name of those we represent, although made exclusively by the Executive, without the consent or processes of this House. That seems so fundamental to me that it would be a very sad commentary indeed on the intent behind the Bill if new clause 15 was not acceptable to the Government. If it is not, they are saying that they want unbridled, unchallenged, unchallengeable power to make whatever regulations they like, despite and in the face of this House.