Draft Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

Ruth Jones Excerpts

Monday 12th December 2022 General Committees

[Ruth Jones (Newport West) (Lab)]

Thank you, Mr Hosie—[Interruption.]

[The Chair]

Order. I will suspend the sitting for the duration of the votes. We are expecting three Divisions, so let us be back here at approximately 6.45 pm.

The sitting suspended for Divisions in the House.

On resuming—

[Ruth Jones]

It is still a pleasure to serve under your chairmanship, Mr Hosie, and it is very good to be with colleagues on this cold winter’s evening as another piece of delegated legislation—on this occasion, the draft Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022—is brought to the House. Week in, week out, we gather to debate legislation that Ministers bring to a delegated legislation Committee of Members of Parliament. This reflects a growing trend in the approach taken by Ministers to introducing policy and making things happen.

You will be pleased to hear, Mr Hosie, that I do not plan to speak for long, because this is a technical change. We will not oppose the regulations, but when we were part of the EU, applications relating to hazardous substances were dealt with in Brussels and so did not attract an application fee. Therefore this measure will be very new for our businesses to deal with, and they will be doing so in the most difficult of economic climates at this time.

The regulations make provision for the charging of fees in connection with the exercise of a function conferred on the Secretary of State by the Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020. It is worth spending a moment on the application fee of £39,721 because, as the Secondary Legislation Scrutiny Committee’s report says, it is a “surprisingly precise” figure. I would be grateful if the Minister could provide us with some clarity on where this surprisingly precise figure comes from, what the breakdown of the figure looks like and what steps were taken to lessen the burden on businesses. Does she see that figure coming down in the years ahead? On the payment of charges, I hope she will be able to explain what support businesses will be provided with. Will there be a payment plan to mitigate the impact of one large payment in one go? What does the payment process look like, and will officials be working actively and proactively with businesses?

There is a clear mention of partial refunds in regulation 5 of the SI and the SLSC’s report, so will the Minister set out how any refund process will work? What does the phrase “reasonable costs” mean, and what could its definition be? Like all the businesses that will be affected by these proposals, the Opposition want to know what considered the “reasonable costs” are that the Secretary of State may take into account.

It is important to note that here we are again addressing the impact of our departure from the European Union, and I urge Ministers to think carefully about the issues that need to be addressed across a number of important areas. I gently suggest to the Minister, with the season of good will in mind, that Ministers should perhaps look at introducing a detailed Department for Environment, Food and Rural Affairs-specific Bill so that we do not have to do government by delegated legislation. That would ensure that we could give all DEFRA-related business a chance to be scrutinised on the Floor of the House and, importantly, to give it the focus that it deserves. I recognise that some legislation will be very detailed and specific, but the draft SI before us almost makes the point for us.

Scrutiny takes many forms in many different rooms in this place but for a Department such as DEFRA we need big and bold legislation that reflects the Department’s importance and its responsibilities. We all know that consultation forms a key part of scrutiny, so I would be grateful if the Minister could set out why the consultation period was only a short six weeks. That is surely unusual for DEFRA, and I would be grateful if she could explain why the consultation period was so short.

It is clear that action on hazardous substances and the wider issues associated with packaging have to be part of a wider, clearer and genuinely ambitious plan to save our country. We have the technical legislation before us tonight, but we need a real plan and a real programme if we are to show the global leadership that so many people expect from us as a nation. As we discuss the draft regulations, we can only conclude that that programme needs to be one that does not see its targets move further and further down the line.

There are a few final points to pick up, and I hope the Minister will be able to address them in her winding-up speech. First, can we have an example of an exemption in the context of the draft SI and of whether it is possible for a business to move away from the use of hazardous materials? What support will be provided to businesses to do that, and is it something that certain businesses could do if the Minister commits to support them with the help of her excellent officials?

Secondly, the draft SI would not be a Brexit-related piece of legislation if we did not speak about Northern Ireland, so will the Minister set out what it means for the protocol discussions? How, if at all, will this proposal affect the internal integrity of and settlement in our United Kingdom? We cannot afford to do one thing with one hand and then do something else with the other. If the Minister was on the streets of Belfast and was asked what the proposal will mean for Northern Ireland, I wonder what the answer would be.

Lastly, no equality impact assessment has been carried out for the draft SI. I appreciate that the Minister explained why in her opening remarks, but this is a wider point. Will she set out why there is not a consistent approach to equality impact assessments? It should be a rule, and I look forward to hearing more from the Minister on this point.

We will not oppose the draft regulations tonight. However, as I wish all Members and the Minister a very happy Christmas, I look forward to getting back to business after the festive season, in the long battle to save our planet and protect our environment.

--- Later in debate ---

[Rebecca Pow]

I thank the shadow Minister, the hon. Member for Newport West, for saying that she and her team will support the draft regulations. As ever, she asked some pertinent questions.

Quickly, the fee is, yes, very particular, because it has been specifically worked out. The majority of the cost relates to the technical appraisal I mentioned, which is undertaken by a specialist consultancy following a competitive tender. Obviously, the public procurement rules will be followed. That assessment is extremely important.

The hon. Lady mentioned the fact that, if the costs fell below expectations, a refund would be made. That might happen if, for example, this did not take long—a quick decision might be one reason for thinking about refunding money. However, all that is for consideration when the process arises.

On the consultation, six weeks is completely appropriate, given the simplicity of the policy. Officials have done a great deal of engagement with stakeholders. I think workshops met more than 250 businesses at more than 100 events, so a huge amount of engagement has gone on.

The Northern Ireland protocol was mentioned. We do not believe that the draft SI will have any impact on Northern Ireland business or on trade with Northern Ireland, because those businesses will continue to be bound by the EU RoHS legislation. They have unfettered access to Great Britain.

I am looking for a bit of inspiration, in case I left anything out on the issue of refunding costs, but I believe I have pretty much covered it. Guidance will be out in the new year.

The hon. Member for Newport West raised an equality issue. No equality impact assessment was necessary, because we judged that the provisions would not adversely impact on the disadvantaged groups covered by the equality legislation.

[Ruth Jones]

The Minister laid out what will happen in future. How will she communicate that to businesses, which are anxious about having to pay thousands of pounds without knowing what the money is going on? How will she communicate with people in a clear and timely manner?