Product Regulation and Metrology Bill [HL]

Baroness Bennett of Manor Castle Excerpts

Consideration of Commons amendments and / or reasons
Thursday 10th July 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I beg to move that this House do agree with the Commons on Amendment 1. With the leave of the House, I will also speak to Amendments 2 and 3.

On Amendment 1, the Government have been clear in their intention to maintain strong, co-operative relations with the devolved Governments and to ensure that the devolution settlements are respected in both principle and practice. This amendment, which the Government introduced in the other place, inserts a new clause that would place a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provisions within their devolved competencies. This amendment goes further than the amendments tabled during the passage of the Bill through this House, which provided only a consult mechanism. This amendment provides for a consent mechanism, with a decisive role for devolved Ministers. It will also underpin continued collaboration to develop product regulation to best support businesses and consumers in all parts of the United Kingdom.

I thank the noble and learned Lord, Lord Hope, whose knowledge in this area I have found extremely beneficial and helpful. He is not able to speak today, but I met him on 17 June and he is happy for me to say that he is pleased with the Government’s approach to devolution in this Bill. I thank him for his engagement and contributions during the passage of this legislation. I also thank the noble Lords, Lord Sharpe and Lord Wigley, the noble and learned Lord, Lord Thomas, and the noble Baroness, Lady Brinton, with whom I have engaged on this amendment. With this specific context in mind, I am pleased to inform the House that the devolved legislatures have all granted legislative consent Motions to the Bill. I thank ministerial colleagues and officials in the devolved Governments for their engagement and collaborative approach to the Bill.

Amendments 2 and 3 are technical amendments. The first deals with a technical correction to the drafting of the Bill, and I will briefly outline the need for it. The amendment makes a drafting change to Clause 12(4). This clause lists the regulation-making clauses in the Bill that are subject to the affirmative statutory instrument procedure. The previous drafting includes Clause 9 in the list, which was an unintended consequence of the previous amendment inserting Clause 9 into the Bill. Unlike the other types of provision specified in Clause 12(4), Clause 9 does not confer a power to make a particular type of substantive provision. Rather, it specifies that regulations can amend existing provisions distinct from making fresh regulations. This technical amendment removes this unintended impact by removing the reference to Clause 9.

On the final technical amendment, the House is aware that the Government have been clear that the Bill will ensure that we have the ability to deliver an effective product regulatory regime in the United Kingdom. The amendment the Government made in the other place is a necessary technical amendment to correct an amendment that was inserted at Lords Third Reading to ensure that the powers in the Bill can be used effectively, such as by introducing cost recovery provisions in accordance with Clause 8. I beg to move.

[Baroness Bennett of Manor Castle (GP)]

My Lords, briefly, I welcome Commons Amendment 1. It is very pleasing to see this Government, in contrast to the last Government, acknowledging that we have nations on these islands which have devolved powers that need to be respected. Indeed, when we are talking about the standards here, hopefully there is an understanding that devolution can also mean divergence in terms of democratic choices. Within the sometimes unfortunate limits of the internal market Act, Scotland, Wales and Northern Ireland should be able to lift to higher standards if that is what they want, and I hope this will help to facilitate that.

Since I am on my feet, I will make just a couple of short remarks, having been heavily involved in the Bill. I want to again thank the Minister and his team for the time that they gave for discussions with me about the Bill. I reiterate what I said then and stress to the Government that I hope they will keep three points in mind as this becomes law and it starts to be implemented, because most of this will not have any impact until we have the regulations.

First, where we are now is way behind the best global standards. This is an area where we should be talking about being world-leading for the health of our nation and of our environment. Secondly, I would like the Government to acknowledge that we are already on a poisoned planet and in an environment where our water, soil, air and indeed our food and our homes are saturated with far too many chemicals and other substances that are damaging to our health and, again, to environmental health. Thirdly, we have to start to consider the cocktail effect. With most of the testing of products, when companies go to put this product or that chemical into the environment, they say, “Look, what’s the safe limit for this product?” But all of our bodies, our young people and our environment are being exposed to rising levels of microplastics, pesticides and PFASs—all those chemicals and products—and when we consider what is allowed for the future, we have to remember that it is going out into that already poisoned environment.

[Lord Lansley (Con)]

My Lords, I will say a few words about Commons Amendment 2—I am grateful to the noble Lord for introducing all the amendments and referring to the purpose of that amendment. As he clarified, Commons Amendment 2 takes Clause 9 out of the list of those parts of the Bill which will in due course be subject to an affirmative resolution procedure. From my point of view, that is a substantive change as compared to what we saw previously in the Bill.

As the Minister explained, Clause 9 relates to existing product requirements, but it provides for a power to make regulations relating to existing product requirements as if they were product regulations for product requirements under this new legislation. Clause 9 allows for provisions described in Clauses 2(4), (6) or (7)—I am concerned with Clause 2(7)—that are able to be applied to existing product requirements.

What does Clause 2(7) tell us? It tells us that product regulations may be made by reference to relevant EU law. From my point of view—I will not rehearse all the debates we have had, but they are particularly important debates—this is a provision the use of which is significant. The occasions on which we choose to set our regulations and our product requirements by reference to EU law are important questions. As it happens, my view is that any use of Clause 2(7) should be subject to the affirmative procedure, but the Minister will no doubt remind me that that is not, nor intended to be, the case. I think it ought to be. The purpose of this is, in that sense, in my view, not technical but substantive. It means that existing product requirements can be amended in future by regulations which relate to relevant EU law and apply new product requirements or change product requirements by reference to EU law. I think that is significant, and my simple submission is that this is a significant change. I reiterate the point I made previously in debates: that the affirmative resolution should have been used in relation to any application of EU law in making our own product requirements.

We look forward with some anticipation to learning when and in relation to what this will happen. The noble Baroness, who was talking about chemical regulations, may be interested in this because, who knows, we have just seen reiteration of EU legislation relating to REACH. We do not know to what extent the REACH regulations are going to be reproduced in this country in the form in which we now see them in the European Union. The same may apply to AI. I have seen speculation that regulations relating to the European Union’s AI Act could be introduced and applied as product requirements in this country in product regulation using relevant EU law under AI as a mechanism. I do not know what is the Government’s intention. All I am saying is that I think it is a substantive change, and I wish that the Government, both in the original drafting of the Bill and in this respect, had used the affirmative procedure so that we could examine it when it happens.