Product Regulation and Metrology Bill [Lords]

Debate between Jim Allister and Richard Holden

Report stage
Wednesday 4th June 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

I agree and endorse what the hon. Member for Stoke-on-Trent Central (Gareth Snell) said. He makes logical and coherent points, and the Bill could be used as a vehicle for his suggestion. I therefore support his new clause 1 and new clause 4, which is of a similar ilk.

However, aspects of the Bill are democratically dangerous, because it gifts to Government unbridled capacity to make regulations, with virtually no oversight from this elected House, on matters which touch on not just the sanctity of our product production, but the sovereignty of this nation. This Bill, with little attempt at subtlety, enables a Government, if so minded—this one, I fear, might be—to sabotage Brexit in many ways. I stand to be corrected, but I do not think a single member of this Government voted for Brexit, which was the settled and declared will of the people greatest number of people who ever participated in a democratic vote in this nation. Yet in the Bill, we have the capacity, particularly through clause 2(7), to dynamically align all our regulations with those of the EU, without having recourse to this House, at the whim of the Executive. Whatever the subject matter, that surely is a most unhealthy situation.

[Mr Richard Holden (Basildon and Billericay) (Con)]

The hon. and learned Member is making an important point, which is why I will support the Opposition amendments in this vein today. Does he agree that the reports from the Delegated Powers and Regulatory Reform Committee in the House of Lords are important in bringing to light just how skeletal the Bill is, and is that not a reason why we should pay attention? We should not always leave it to the House of Lords to do our work for us. We should have those debates about the future on the Floor of this House, rather than having things done by ministerial diktat.

[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.

[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.

[Mr Holden]

The Government have said throughout the passage of this legislation that it is not about the European Union, yet as the hon. and learned Member makes clear, it is only the European Union that we can align with through regulations made under it. Does that not fundamentally undermine the Government’s entire argument, and show why these amendments are so vital to protect this House?

[Jim Allister]

Absolutely. The Government tell us, “When we make trade deals, we may be able to ensure the requisite alignment,” but this Bill provides for alignment only with the EU, which rather lets the cat out of the bag. The Bill is not about facilitating international trade, so that we could, in the relevant circumstances, align with the United States, Japan or whoever we are making deals with, because it is exclusively and singularly focused on alignment with the EU. I suspect that is because the purpose of the Bill is to advance, at the speed of the Government’s choosing, and without the restraint of this House, down the road of dynamic alignment. To me, new clause 15 is very important.

Amendment 16 is key, because it will pull the teeth of clause 2(7) and protect us from the intended course of action. I strongly support amendment 16, because it would rein in powers that need to be reined in, and would remove the threat—indeed, the allegation—that the Bill is about realignment with the EU. A couple of weeks ago, we had the so-called reset with the EU, but the reset is as nothing compared with this Bill. This Bill is the legislative vehicle whereby Brexit can be sabotaged. That is why it is important to address the core issue in clause 2(7).

If the Bill were not about securing dynamic alignment with the EU, there would be Government support for amendment 25, which would make a reference to “foreign” law and not “EU” law. That amendment would put to bed the concerns of those of us who believe that the Bill is a subterfuge to secure realignment with the EU. However, I fear that the Government will not support that amendment.

The legislation is a Trojan Bill. It has a very clear direction of travel, which is to be secured by ignoring the question of what powers of scrutiny this House should have, and by affording to the Executive alone the right to realign dynamically with the EU at a pace and time, and on the content, that they alone approve of. The Bill needs these radical amendments, including the surgery that amendment 16 would do. At the very least, it requires the semblance of oversight that new clause 15 would provide.