Retained EU Law: Trading Standards

Graham Stuart Excerpts

Thursday 12th January 2023 Commons Chamber

[The Minister for Energy and Climate (Graham Stuart)]

I congratulate the hon. Member for Glasgow East (David Linden) on securing this important debate. I listened to his contribution and the interventions of other Members with interest.

I begin by assuring the hon. Gentleman and, indeed, Michelle that we take these concerns seriously and that the aim of the Government is not to reduce consumer protections or the effectiveness of the trading standards regime of enforcement. I applaud the sterling work done by trading standards departments and services across the UK, including those of Michelle and her colleagues in Scotland, and the Government will continue to ensure that those departments and services have access to the information, and the regulations, they need to continue their important work. It was ironic that the hon. Gentleman, who I thought spoke very well, started his speech by making accusations of fearmongering, before going on to suggest that this Government were going to remove the very standards upon which trading standards rely. The scaremongering in this debate was clearly his.

The Government introduced the Retained EU Law (Revocation and Reform) Bill on 22 September 2022. The Bill is an important step closer to the culmination of a journey that began on 23 June 2016, when more than 17 million citizens of the United Kingdom and Gibraltar, including more than 1 million in Scotland, voted for the UK to leave the European Union. Retained EU law was never intended to sit on the statute book indefinitely. There will always be other priorities and challenges facing the country and the Government at any time. The idea that we should just leave that law there makes no sense. What we should do is make sure we have law that is fit for purpose and fit for the needs of this country.

The time is right to end the special status of retained EU law on the UK statute book on 31 December this year. The Bill will abolish that special status and enable the Government, via Parliament, to amend more easily, repeal and replace retained EU law, precisely in order to improve the agility with which we respond to things such as scooters with exploding batteries or children’s toys with dangerous button batteries. The Bill will include a sunset date by which all remaining retained EU law will either be repealed or assimilated into UK domestic law. It provides the impetus to ensure that the regulation that stops those things is properly fit for this country.

[Patrick Grady]

Will the Minister give way?

[Graham Stuart]

I will move on.

By ending the special status of retained EU law, we will reassert the sovereignty of Parliament. I think that is what makes the separatists so unhappy: they hate the idea that the Ministers of an elected UK Government in this sovereign Parliament should be the ones to ensure that we have a regulatory regime bespoke to the needs and interests of consumers and businesses in the UK.

I will now turn to standards and consumer protections. My Department has responsibility for a number of pieces of retained EU law that we are in the process of reviewing.

[Patrick Grady]

Will the Minister give way?

[Graham Stuart]

We have heard enough fictions and untruths already, and we do not need any more.

[David Linden]

On a point of order, Mr Deputy Speaker. Is “untruths” in accordance with “Erskine May”?

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

I would ask the Minister to withdraw that.

[Graham Stuart]

I happily and quickly do so. I am sure any misrepresentations were, in the parlance, inadvertent.

There is retained EU law that underpins various areas of consumer protections and trading standards work. The list of retained EU law that BEIS is responsible for can be accessed via the retained EU law dashboard, which is publicly available on gov.uk. The Retained EU Law (Revocation and Reform) Bill means that Departments will need to review their policy areas to determine whether existing regulations inherited from the EU are fit for purpose in the UK, or whether reform is needed ahead of the sunset date. These are entirely common-sense approaches as we assert ourselves as an independent country. They will allow Departments to take an active decision on whether this retained EU law is a good fit for the current UK landscape.

The Bill does not mean that there will be a reduction in standards, or that the protections that consumers and sellers enjoy will be reduced. This Government are committed to maintaining high standards and, as the hon. Member for Glasgow East even suggested, seeking where possible to raise those standards, as appropriate, across the UK and ensure high levels of consumer protection. The UK has a proud record and a proud history of excellent trading standards work, which sits independently of our membership of the EU. However, now that the UK has left the EU, it is only right that this Government look at all areas of policy to see where we can innovate and modernise, as well as to capitalise on the regulatory freedoms that we have for the long term. [Interruption.] SNP Members may chunter from a sedentary position and seek to intervene in an Adjournment debate, but I will carry on setting out the reality after we have heard the—[Interruption.] After we have heard the counter to that—thanks so much, Mr Deputy Speaker. I will try to stay on the straight and narrow.

We must modernise our regulations where they are outdated, and ensure that unnecessary burdens are minimised and vital protections continue to be upheld. These are all things that everyone across this House should support, rather than getting engaged in scaremongering based on false premises, which I hope I am allowed to say, Mr Deputy Speaker. We will retain our high levels of consumer protections, but deliver them in a way that is less bureaucratic and less costly, as well as ensuring that our rules are properly targeted at the real problems that consumers face.

There may be limited time, but there are a couple of areas we are looking at. For instance, package travel regulations provide an opportunity not only to make sure we continue the protections for foreign travel, but to look at whether they could be extended to domestic situations. That is the kind of agility that we have the opportunity to show. On labelling, there are cumbersome EU laws that dictate labelling on sometimes small products, leading to waste and inefficiency. We now have the opportunity to use e-labelling, which industries have been calling for, and to do so in a way that is environmentally friendly and leads to better and cheaper products for the consumer.

At the moment, there are regulations in EU retained law that cannot cope with new products, scientific advances or—as the hon. Member for Glasgow East mentioned, ironically—e-marketplaces. I would argue that the existing EU regulatory regime is not sufficiently agile to deal with that. That is exactly the sort of thing we are going to sort out and improve, and any right-minded person who was not just trying to make political points for the sake of it would support that. I guess if someone is a monomaniacal separatist, they will use any opportunity to try to make allegations suggesting that things are worse, but we will retain high consumer standards.

As it stands, there are insufficient powers to make subordinate legislation that enables the amendment of standards that are entrenched in retained EU law. In layman’s terms, that means that standards set out for commercial operators, as well as other areas of regulation, do not get updated as frequently as they should. We will be able to update them more frequently, more effectively, and protect consumers in Scotland and elsewhere.

Regulations are currently unable to adapt as quickly as they should. Now that we have left the European Union we must ensure that approaches and methodologies that trading standards uses to enforce regulations are tailored to work best for our local authorities, consumers and sellers, and are able to be consistently updated in consideration of our unique interests. Subordinate legislation that the Government put forward to the House following the review of our retained EU law is not intended to impact or erode core protections to consumers set out in primary legislation, such as the vital consumer rights enshrined in the Consumer Protection Act 1987 and the Consumer Rights Act 2015. Those rights include consumer protections against unfair terms in a contract, protections against faulty physical and digital goods, and a variety of other crucial rights that thousands of consumers depend on every day. Having stated that on the Floor of the House at the Dispatch Box, I hope we will not hear SNP Members suggest the opposite from now on for their own perverse political aims.

The Retained EU Law (Revocation and Reform) Bill and the accompanying reviews of retained EU law in areas such as consumer protections will ensure that we use our new-found regulatory freedom to its fullest potential. Is this perhaps what lies at the heart of the frustration felt by some hon. Members? The truth is that there are Brexit benefits, and this is one of them. We are going to have a better system of law that is based on the needs of people in this country, and more agile and effective. A crucial part of the review is removing retained EU law where it is obsolete or outdated—something to which SNP Members are obviously opposed. They want to keep obsolete law. As energy Minister I was personally responsible for reviewing emissions trading scheme law. It turned out that the vast bulk of that regulation is now redundant.

[David Linden]

rose—

[Graham Stuart]

Does the hon. Gentleman want to leave that on the statute book, so that we must retain those bits? We have gone through that and come up with a practical solution. That is what Ministers across the Government are doing.

[David Linden]

rose—

[Graham Stuart]

If I was going to give way I would have given way by now. The hon. Gentleman may sit down, and I will let him know if I am going to give way.

This Government are committed to ensuring that the burdens of delivering the best regulatory schemes are removed, while ensuring that we maintain the highest standards. We have also been clear that we will maintain our international obligations—something the hon. Gentleman should be able to applaud. Some retained EU law on our statute book is required to continue to operate for things such as the EU-UK trade and co-operation agreement, the withdrawal agreement and the Northern Ireland protocol. The Bill, together with the appropriate exercise of powers under it, will uphold the UK Government’s commitments to complying with their international obligations.

As committed to at the Dispatch Box by my hon. Friend the Member for Watford (Dean Russell), who did a particularly fine job on the Bill’s Second Reading, the Government will, as a priority, ensure that necessary legislation is in place to uphold the UK’s international obligations. Where retained EU law is required to maintain those obligations, we will set that out through the dash- board, so that the public can scrutinise it. To conclude—[Interruption.] Well, before I conclude, as there is time left, why don’t I let the hon. Gentleman intervene?

[David Linden]

I will go first, and then perhaps my hon. Friend the Member for Glasgow North can go second.

The Minister spoke earlier about things being obsolete. Does he understand the irony of him telling me that things are obsolete, when his party has not been voted for by the majority in Scotland since the 1950s? If anything is obsolete, it is the Conservative and Unionist party.

[Graham Stuart]

What is obsolete, following the decisions of the courts, is the hon. Member’s separatist party’s desire to have a referendum and the false narrative of some partnership of nations being unwillingly held together. What is obsolete is his party’s failure ever to respect the result of a referendum. It does not like what the public decide. Well done to him and his party, who have done quite well electorally, except when it comes to the thing that matters most to him: separatism. That is what he wants, but the Scottish people do not want it. The Scottish people voted against it, and his party rails and rails against the fact that, despite all its efforts to use every single tool that it has available in the Scottish Government, his constituents and those of the hon. Member for Glasgow North (Patrick Grady) cannot be persuaded that they wish to leave the United Kingdom. Why would they? This Parliament is able, on a sovereign basis, to provide better standards of protection, better regulation, and regulation that is brought about and driven by a democratically elected United Kingdom Government.

[Mr Deputy Speaker (Mr Nigel Evans)]

I do not think that I have heard the House so noisy with so few people in it.

Question put and agreed to.