Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025 Debate

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Department: Department for Business and Trade
Kate Dearden Portrait The Parliamentary Under-Secretary of State for Business and Trade (Kate Dearden)
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I beg to move,

That the Committee has considered the draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2025.

It is a pleasure to serve under your chairmanship, Mr Pritchard, for my first time leading a debate on a statutory instrument. The draft regulations were laid before the House on 13 October 2025, and I will begin by setting out their background. They concern radio equipment, which today includes a wide range of products, including smartphones and many other smart and connected devices.

The radio equipment directive 2014/53/EU continues to apply in Northern Ireland under the Windsor framework, ensuring that Northern Ireland maintains dual market access to both the UK internal market and the EU single market. In 2021, the European Commission adopted Delegated Regulation (EU) 2022/30, which supplements the radio equipment directive and applies additional essential requirements to certain categories of radio equipment; that came into force on 1 August this year.

The additional essential requirements apply to certain internet-connected radio equipment, such as connectable consumer electronics and smart devices. Radio equipment must be constructed in a way that protects networks, safeguards users’ personal data and privacy, and prevents fraud. In addition, whether internet connected or not, radio equipment that is covered by the EU toys directive, or that is either a childcare device or a device designed to be worn on the body, must also be constructed so that it protects users’ personal data and privacy.

The radio equipment directive was implemented in UK law by the Radio Equipment Regulations 2017. Those regulations apply to the whole of the UK, but some provisions apply differently to Northern Ireland. The draft regulations amend the 2017 regulations as they apply to Northern Ireland to ensure effective implementation of Commission Delegated Regulation (EU) 2022/30 in Northern Ireland, and to enable its enforcement.

Let me explain in more detail how the draft regulations meet their purpose. The 2017 regulations set out essential requirements for radio equipment before it can be placed on the market. The draft regulations add the additional essential requirements mandated in Commission Delegated Regulation (EU) 2022/30 to the 2017 regulations as they apply to Northern Ireland, thereby enabling the relevant authorities to take steps to enforce the delegated regulation.

Manufacturers will need to carry out the appropriate conformity assessment process. The EU recognises three technical standards that address cyber-security requirements for radio equipment that manufacturers may use to demonstrate compliance, but using those specific standards remains voluntary. The 2017 regulations make it an offence to fail to comply with the essential requirements when supplying radio equipment or placing it on the market.

As the draft regulations add to the essential requirements of the 2017 regulations as they apply to Northern Ireland, they extend the scope of an existing offence. The Northern Ireland Department of Justice has confirmed that it considers such an amendment to the scope of existing offences proportionate, and it does not believe that it will have a detrimental effect on the criminal justice system in Northern Ireland.

I assure members of the Committee that enforcement authorities will continue to take a proportionate approach to compliance and enforcement activities, in accordance with the regulators’ code. In almost all cases, we expect that, by working with and supporting business, compliance will be achieved without legal recourse to the use of criminal penalties.

Many UK businesses supply the EU market as well as the UK market, so they have already taken steps to comply with Commission Delegated Regulation (EU) 2022/30. In discussions with industry stakeholders, including trade associations, my officials have not identified any significant impacts from the draft regulations, as manufacturers and importers in scope of these requirements are generally trading across the UK and the EU, so they will be coming into compliance or have already done so. We therefore expect limited impacts, if any, on the flow of goods from Great Britain to Northern Ireland.

In addition, manufacturers of CE-marked EU-compliant radio equipment can continue to place those products on the GB market. As is already the case, consumer products that connect to internet or a network placed on the GB market will continue to need to comply with the existing regime of the Product Security and Telecommunications Infrastructure Act 2022, which came into effect in April 2024.

Manufacturers in Northern Ireland producing qualifying goods in scope of the Commission Delegated Regulation (EU) 2022/30 continue to benefit from unfettered access to the rest of the UK internal market, as set out in the United Kingdom Internal Market Act 2020. While we expect the impacts to be limited, we will continue to monitor the functioning of the internal market.

Improving cyber-resilience in the UK remains a Government priority, and the Government continue to review the operation of cyber-security regulations applicable in Great Britain. We are looking at further options for securing digital devices, as evidenced by our recent call for views on enterprise-connected devices, and will take into account arrangements in Northern Ireland. The Government also intend to review the operation of the Product Security and Telecommunications Infrastructure Act 2022, with an initial post-implementation review to be conducted in 2026.

We are taking steps to support industry to comply with these new requirements. My officials in the Office for Product Safety and Standards published a factsheet for businesses earlier this year, providing information on how to comply. The OPSS will also provide further guidance for industry for this instrument.

The statutory instrument enables the effective implementation in Northern Ireland of Commission Delegated Regulation (EU) 2022/30, which applies additional essential requirements for manufacturers of certain radio equipment. The instrument amends the UK’s 2017 regulations and will enable the EU delegated regulation to be enforced effectively. Implementation and the effective enforcement ensures our compliance with international law, which facilitates Northern Ireland’s continued unique dual access to both the UK internal market and the EU single market. I commend the draft regulations to the Committee.

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Kate Dearden Portrait Kate Dearden
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I thank the shadow Minister for his warm welcome and kind words; I look forward to working with him. I also thank the hon. and learned Member for North Antrim for his contribution. As I explained, this instrument ensures effective implementation in Northern Ireland of the Commission delegated regulation that applies additional essential requirements for manufacturers of certain radio equipment. I hope my introductory speech laid out why we are bringing this SI today, the reasons behind it, our intentions and our work with stakeholders and businesses so far, many of whom have already prepared to comply with the new essential requirements, which came into force on 1 August this year.

The shadow Minister asked about the precise percentage. We have worked with the stakeholders and trade associations that have come into compliance. Although I am not able to give a precise percentage today, we will keep him updated, as we are keen to continue discussions with industry stakeholders, including the trade associations. As I mentioned, we have not identified any significant impacts of this instrument, as many businesses have already adapted. Crucially, we expect the impact on the flow of goods from Great Britain to Northern Ireland to be limited. He also mentioned the impact of our work with the US and other competitive markets. Again, we will be happy to discuss that further with him.

The hon. and learned Member for North Antrim will be aware that we remain committed to implementing the Windsor framework in good faith, and taking forward commitments in a way that best delivers for the people in Northern Ireland. We are keen to work constructively with all stakeholders—the EU, the Northern Ireland Executive, political parties, businesses and civic society in Northern Ireland—to achieve that.

Jim Allister Portrait Jim Allister
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Will the Minister give way?

Kate Dearden Portrait Kate Dearden
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The hon. Member spoke for a considerable time, but I will be kind and give way.

Jim Allister Portrait Jim Allister
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The Minister talks about implementing in the interests of the people of Northern Ireland. How can it be in the interests of people to impose laws that they are not consulted about, that they did not make and cannot change? How can that be in anyone’s interest in a democratic society?

Kate Dearden Portrait Kate Dearden
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Regarding this instrument, it is an essential requirement that as products are developed, we ensure that they do not harm networks and that we protect personal data and guard against fraud. As devices become smarter and more connected and embedded in daily life, we have to keep pace with the regulatory framework. That is why this instrument is so important to protect consumers and networks.

Gareth Snell Portrait Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)
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It is always a pleasure to listen to the hon. and learned Member for North Antrim as he makes the case for his constituents. Is the Minister able to set out whether there is practical regulatory divergence between Great Britain and Northern Ireland as a result of this SI? What is the practical implication for the principal concern the hon. Gentleman raises on behalf of his constituents? Quite often the regulatory alignment remains the same, even if the base legislation for that regulation may derive from different places.

Kate Dearden Portrait Kate Dearden
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There is divergence but little impact in practice, as I mentioned in my introductory remarks. The draft regulations are crucial to ensuring our compliance with international law in relation to Northern Ireland’s continuing dual access. I thank the shadow Minister for his support and would be happy to write further to him about competitive states. I thank all hon. Members for their contributions and am pleased to commend this SI to the Committee.

Question put and agreed to.