Product Regulation and Metrology Bill [ Lords ] (First sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Alison Griffiths]

The amendments in this group serve a clear and vital purpose: to prevent the automatic alignment of UK product regulations with EU law and to reaffirm our sovereign right to set our own standards.

As it stands, clause 1(2) would allow Ministers to make UK regulations that correspond

“to a provision of relevant EU law”

in the area of environmental product standards. In plain English, that opens the door to copying and pasting EU rules into UK law via statutory instrument without full parliamentary scrutiny. Amendment 3 would remove subsection (2) entirely, closing that back door.

Amendments 4, 5, 7 and 21 target other provisions that risk tethering us to EU frameworks. For example, clause 2(7) would allow compliance with certain EU laws to automatically satisfy UK requirements. That is not sovereignty; it is outsourcing. This is not about rejecting co-operation with Europe. It is about ensuring that any alignment is a result of a deliberate and transparent decision made here in Westminster, not an automatic consequence of vague enabling powers. As my hon. Friends the Members for West Worcestershire and for Chester South and Eddisbury have made clear, the British people voted to leave the European Union to take back control of our laws. That control must not be quietly handed back through ministerial shortcuts.

New clause 4 is especially important. It would introduce a safeguard in the form of an independent review panel to assess any regulation made under the Bill that aligns with EU law. Where a Minister chooses to align, the panel would have to report back, within two years, on the impact on growth, trade and industry. Crucially, Parliament would then vote on whether those EU-aligned rules should remain in force. No regulation should persist by inertia. How can the Minister possibly object to a review after two years?

The amendments would not isolate us; they would empower us. They would ensure that when we choose to align with international standards, we do so on our terms, with full accountability. That is the essence of post-Brexit governance. We assert that UK regulators answer first and foremost to the UK Parliament, not to Brussels and not to Whitehall alone.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Sir John. This is only my second Bill Committee, so please accept my apologies if I fail in any of the protocol. I want to make a small point on our new clause 9, which interestingly, being on the subject of the EU, is grouped with amendments tabled by the official Opposition.

I feel that new clause 9 provides a certain compromise between the two positions. It is important to recognise that the EU continues to be one of our biggest trading partners. Currently, a lot of product legislation is aligned, and therefore divergence is a concern for business. A lot of our small enterprises find that exporting to the EU is an important part of their business, so they need clarity and certainty if any legislation or product safety regulations are going to change or diverge. Our new clause would ensure that any such change, whether a continued alignment or a divergence, is scrutinised and made the subject of a statement to the House. I would be grateful if Members supported the new clause, which I feel offers a compromise between the two positions.

[Justin Madders]

We have had several impassioned speeches from Conservative Members. Unfortunately, they are all wrong about what the Bill does. I will attempt to explain what the position actually is.

The Bill provides powers to make and amend relevant product regulations, so that the UK can act in the best interests of our businesses and consumers, which I think we would all agree is a good thing. That includes choosing to recognise or stop recognising EU product requirements. That is the key: there is absolute ability to recognise or not recognise as we see fit. This is not back-door submission to the EU or having our tummies tickled—I am not sure what the correct legislative term for that is. This is about the Government taking back control to set their own laws, as we determined back in 2016.

Amendment 3 would remove clause 1(2), which gives us a power to update regulations that address the environmental impact of products where similar provisions exist in relevant EU law. Increasingly, product regulations take account of the environmental impact of goods and provisions. The Bill will enable us, where it is in the best interests of UK businesses and consumers, to choose whether to update our laws or not. As I have set out, the Bill is about supporting the UK’s interests. Clause 1(2) means that, where it is in the UK’s interests, product regulation can make the same or similar provision as that contained in relevant EU law, which can simplify the regulatory landscape for UK businesses.

Turning to amendment 4, again, clause 2(7) allows us to act in the best interests of UK businesses and consumers. It enables us to provide that requirements in our law can be satisfied by meeting specified EU requirements, but it does not mean that we are obliged to recognise EU provisions, and it also gives us the power to end such recognition. We have been clear that decisions will be taken on a case-by-case basis, which I think is what the shadow Minister was asking for, based on the needs of UK businesses and consumers, with appropriate parliamentary scrutiny. Amendment 4 would take away that flexibility and would freeze EU law in time at May 2024. I mention May 2024 because that is when the Product Safety and Metrology etc. (Amendment) Regulations 2024, which effectively introduced the same powers as those in the Bill, were made.

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[The Chair]

We come to amendment 38, tabled in the name of Clive Jones and Sarah Gibson. I call Sarah Jones.

[Sarah Gibson]

Thank you, Chair. I am actually Sarah Gibson.

[The Chair]

If only Sarah Jones were here!

[Sarah Gibson]

I beg to move amendment 38, in clause 1, page 1, line 14, at end insert—

“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”

This amendment inserts safeguards to help ensure non-regression from existing legal protections to help ensure greater certainty and a level playing field. It addresses the omission on the face of the Bill of the current legal requirement that products placed on the market must in principle be safe.

I am sure that the hon. Member for Croydon West (Sarah Jones) would speak far more eloquently than I can, but I will make a couple of points to relay to the Committee why I think amendment 38 is important.

We are trying to ensure that the Secretary of State can make regulations under clause 1 only if satisfied that doing so will not lead to a reduction in consumer protection or regulatory standards. It is not about regression; it is about preserving the baseline of legal protection that we already have, especially when it comes to product safety and regulatory quality. We are all aware of recent cases of consumer products bought online that arrive in a substandard and dangerous state. I suspect that the Minister will say that no Secretary of State will lower existing legal expectations. That is great, but why not just put it in the Bill?

Amendment 38 would direct the Secretary of State to make reference to equivalent regulations in force at the time, offering clear and objective standards for comparison. It creates greater certainty for business and confidence for consumers. We think that it is important to include in the Bill the explicit legal requirement that products placed in the market must be, in principle, safe. Without that kind of safeguard, there is a risk of regulatory weakening over time, whether intentional or through oversight, which could undermine consumer trust, market fairness and even public safety.

By locking in a non-regression commitment, we would help to maintain a level playing field, especially for businesses in the UK that already meet high standards and do not want to be undercut by those who are cutting corners. It is about ensuring that as regulations evolve, we do not compromise the public interest in the name of flexibility and deregulation. I therefore urge the Committee to support the amendment.

[Justin Madders]

I am grateful to the hon. Member for Chippenham for moving amendment 38. I reassure her that we take product safety very seriously, which is why we introduced the Bill. It is designed to ensure that only safe products are placed on the UK market, and it builds on a strong track record of protecting consumers, a goal with which we all agree.

The Bill includes robust safeguards to ensure that consumer safety and regulatory standards are not reduced when new regulations are made. The code of conduct, to which I have already referred, sets out our intelligence and engagement-led approach to assessing whether and how to update our product regulations. It means that we do not make changes in isolation; instead, we work closely with industry, consumer groups and regulators to build a clear picture of the risks, benefits and practical implications. This ensures that our regulatory decisions are evidence-based, proportionate and responsive to the evolving needs of businesses and consumers.

Product safety is often about carefully balancing the risks, while also considering consumer needs and expectations. An example that shows why we do not think it would be helpful to agree to the amendment is our current extensive engagement on potential reforms to furniture fire safety regulations. This requires weighing up the critical importance of fire resistance with the growing concerns about the health and environmental impacts of the fire-retardant chemicals used on furniture. No decisions have been made at this stage, but it is an area in which an evidence-based approach that balances those competing interests may lead to a different outcome, and that shows why tying our hands, by accepting the amendment, would not be a good idea.

We are confident that overall the Bill provides a robust and flexible framework to ensure that safety remains central, while enabling innovation and growth across the economy. Safety is the whole point of the Bill—it is central to what we are trying to achieve—but there will be occasions when different considerations come into play. The example that I gave is one very live example that shows why we do not think it helpful to accept the amendment.

[Sarah Gibson]

I thank the Minister. I have served on a Bill Committee with him before, and he knows how to appeal to the technical side of my expertise. He gave a compelling example, and I thank him for his consideration. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Dame Harriett Baldwin]

I beg to move amendment 17, in clause 1, page 1, line 21, at end insert—

“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.

(4B) Regulations under subsection (4A) must support—

(a) the creation of economic incentives for businesses that contribute to economic growth, and

(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”

This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

The Committee will see immediately that the purpose of the amendment is to be incredibly helpful to the Government in their growth mission. How different the spirit of the amendment is from the spirit of the Bill! The Bill effectively outsources product regulation to a different Parliament; the amendment would ensure that the regulations made under the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

Throughout our history, the UK’s innovative spirit has increased our prosperity and growth as a nation. Key innovations that became accepted around the world led to greater prosperity for our fellow citizens, so what could be more important than for the Committee to agree to the amendment? The Government are very good at saying the word growth, but they have so far signally failed to deliver it. The amendment will ensure that, when exercising the powers in the Bill, economic growth truly is the first priority, as the Government so often claim it is.

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[Justin Madders]

The shadow Minister has helpfully read the list of sectors excluded from the schedule, so I will not repeat it. However, it is important, when a Bill has powers of this nature, that we are clear about what they do and do not relate to. As I think Members will appreciate, those excluded sectors will have other regulatory domains, which will refer to them. It is important that we are specific about what the Bill relates to, and that is the purpose of the schedule.

Question put and agreed to.

Schedule accordingly agreed to.

Clause 2

Product requirements

[Sarah Gibson]

I beg to move amendment 36, in clause 2, page 3, line 6, at end insert—

“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”

This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.

[The Chair]

With this it will be convenient to discuss amendment 37, in clause 11, page 10, line 38, at end insert—

“‘circular economy’ means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”.

This amendment clarifies the meaning of circular economy and is consequential on Amendment 36.

[Sarah Gibson]

As Liberal Democrats, we are clear that the circular economy is not just a sustainability concept; it is a practical, forward-looking economic model that responds to the urgent challenges of waste, resource scarcity and climate change. At its core, the circular economy is about keeping resources in use for as long as possible, through reuse, repair, remanufacturing and recycling, rather than relying on the traditional “take, make, dispose” model. That shift is essential because the current, linear economy is inherently wasteful. We extract raw materials, use them briefly and discard them, often sending valuable resources to landfill or incineration.

The shift should be a win-win approach. For the environment, it reduces waste, lowers carbon emissions and reduces the pressure on our economy and ecosystems. It creates new business models, and jobs in repair and innovation, and it makes the supply chain more resilient, especially in a world facing geopolitical events and material shortages. It also brings clear benefits for consumers by encouraging the creation of products that are longer lasting, easier to fix and more affordable to maintain, which in the current climate of economic difficulties is always welcomed.

For Government and industry, the circular economy offers a strategic opportunity to modernise production, drive clean growth and lead global sustainability. We need to embed the circular economy principles, not only in waste and resource policy but across our industrial strategy, product design, and procurement and investment decisions. If we are serious about achieving net zero and protecting future generations, the circular economy must be a central pillar to our economic and environmental thinking.

While the circular economy is not necessarily new, it is something that we have lost. It was not many years ago that a faulty washing machine was mended—or even a noisy fridge, such as the one the hon. Member for West Worcestershire was concerned about. I feel that there are skills that we are beginning to lose and skills that we could be taking forward. Now, when something goes wrong, it is cheaper to replace it than to mend it. That is wrong, and this is a good place to start addressing that. I urge the Committee to support these amendments.

[Justin Madders]

I am grateful to the hon. Member for Chippenham for making a clear argument about the importance of the circular economy. The amendments she spoke to seek to mandate that all product regulations made under the Bill require an environmental impact assessment, as well as provisions related to the right to repair and the circular economy. As Members will be aware, under the duty set out in the Environment Act 2021, Ministers and policymakers must already consider the environmental impact of all new Government policies. That has been reflected on and set out in more detail in the code of conduct, to which I referred Members today and which was in response to suggestions from Members of the other place on the kinds of issues to put forward in that code.

The Secretary of State for Environment, Food and Rural Affairs has set moving to a zero-waste economy as one of the top five priorities of the Department. To support that, he has committed to work with a wide range of stakeholders to develop a circular economy strategy and a series of sectoral reform road maps to deliver a circular economy transition. It would therefore be inappropriate to introduce a definition of the circular economy in legislation at this time.

Turning to the right to repair, it is important to note that product regulations made under the Bill will cover many types of products, some of which may be inappropriate to repair, such as cosmetics. The Ecodesign for Energy-Related Products and Energy Information Regulations 2021 introduced measures including requirements for repairability for the first time in Great Britain. Those regulations contribute to our circular economy objectives by increasing the lifespan, maintenance and waste handling of energy-related products. The Government’s aim is to introduce further right to repair measures when regulating individual products under the ecodesign for energy-related products regulations where appropriate. As those powers exist, it is unnecessary to amend the Bill in the manner being suggested.

I thank the hon. Member for Chippenham for her contributions, but hope that I have demonstrated why such amendments would be inappropriate and unnecessary due to existing legislation or work being done elsewhere across Government. I therefore ask that the amendment be withdrawn.

[Sarah Gibson]

I thank the Minister for his response. Given that work is being done elsewhere on the circular economy, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

Before we come to amendment 34, Minister, although you said that you will make a personal copy of the code of conduct available for me, I assume that it is available at the back of the room.

[The Chair]

Thank you. As it has been referred to several times, it is important that all Committee members are able to reference it.

[Sarah Gibson]

I beg to move amendment 34, in clause 2, page 3, line 21, at end insert—

“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”.

This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.

The amendment is important because it adds a crucial provision that extends regulatory accountability to those involved in the broader handling and marketing of products. Specifically, it covers storage, transportation, packaging, labelling and disposal—all key parts of the product journey from manufacturer to consumer. The aim is to close a potential loophole in the powers of the Secretary of State under the Bill. Without the amendment, there is a risk that certain players in the supply chain, such as fulfilment houses, third-party logistics providers or re-packagers, could escape regulation even if they are handling non-compliant or unsafe products.

We know that consumer harm can arise at any point along the supply chain, not just at the point of manufacture or sale, so it is vital that all relevant organisations, regardless of their legal status or physical location, can be held accountable where necessary, The amendment supports stronger consumer protection, promotes fairness in the marketplace and ensures that everyone involved in putting products on the market plays to the same rules.

[Mr Holden]

The Government are clearly looking to do trade deals across the world, so will the hon. Lady reflect on the fact that, as we do not know where those fulfilment centres will be located in future, it is particularly important for the Government to look at the issue and consider it in the round?

[Sarah Gibson]

Very possibly, but the rights of consumers in the UK still need to be protected, regardless of where those fulfilment centres are. I take the right hon. Member’s point, but I feel that the provisions in the amendment still need to be included. The amendment supports stronger protection, promotes fairness in the marketplace and ensures that everyone involved in putting products on the market plays by the same rules. It provides practical, targeted safeguards to ensure that the regulatory responsibilities reflect how modern supply chains operate, so I urge Members to support the amendment.

[Justin Madders]

I thank the hon. Member for Chippenham for tabling the amendment, which seeks to add to the list of persons in clause 2(3)(i) on whom product regulations may impose requirements. I recognise her good intentions behind the amendment to ensure that all relevant actors must be captured by our regulatory framework, including fulfilment houses.

Clause 2(3)(i) strengthens that approach by making it clear that any person engaged in activities related to a product can be brought within scope. That is a critical safeguard against loopholes that could be exploited by those seeking to operate outside the law as new, often complex business models emerge. My eyes have certainly been opened in recent months about some of the new ways in which such operations can deliver products to consumers. The Government have taken care to ensure that the powers in the Bill are robust enough to account for new actors arising from both technological innovation and shifts in supply chain practice.

I hope I can reassure the hon. Member that the Bill as drafted gives us the flexibility and breadth to tackle and cover any new developments in this policy area. Amendment 34 is unnecessary because actors, such as fulfilment houses and others that undertake any activity in relation to products, are already captured by clause 2(3)(i). I therefore ask for the amendment to be withdrawn.

[Sarah Gibson]

Given that the Government feel that this issue is captured elsewhere, I am happy to withdraw the amendment. However, further work needs to be done to ensure that third parties that are involved are given the protection that they need. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[The Chair]

I am mindful, Dame Harriett, that you wanted to divide the Committee on amendment 4 to clause 2, which we debated with amendment 3. Do you wish to move that amendment formally?

Product Regulation and Metrology Bill [Lords] (Second sitting)

Sarah Gibson Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Dame Harriett Baldwin]

It will not surprise the Committee to hear that, because our very sensible amendments to clause 2 have been rejected, we continue to have significant concerns about it and the extraordinary powers it confers on the Minister. In particular, subsection (7), which we tried to amend, will allow product regulations to provide that a

“product requirement is to be treated as met if—

(a) a requirement of relevant EU law specified in product regulations is met, or

(b) such a requirement is met and conditions specified in the regulations are also met.”

Because of our concerns about those provisions, and because the Committee took the view that it did not want to accept our sensible amendments, I will divide the Committee on clause 2 stand part.

[Sarah Gibson (Chippenham) (LD)]

It is a pleasure to serve under your chairmanship, Ms Vaz. Given that addressing the changes in retail, especially the rise of online marketing, is an important part of the Bill, I feel that the clause is vital, and I will support it. It is slightly sad that colleagues on the Opposition Benches allow their ideology regarding the EU to get in the way of supporting British businesses, which, as we know, want clarity and continuity.

[Alison Griffiths]

We share the hon. Member’s view that we should all be ambitious for the United Kingdom. There is no ideology on our side. We are simply seeking a global perspective rather than a constrained perspective.

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[Sarah Gibson]

I thank the hon. Member for her intervention, but I think we all have to recognise the reality of our starting position, which is that an awful lot of our product regulation is currently aligned. We cannot throw that out and start talking about “foreign law”, as if any country that we happen to have a trade deal with will have similar levels of scrutiny of its products.

[Aphra Brandreth]

The point is that we want to be forward-looking, and our concern is that this provision is very much backward-looking. My hon. Friends have talked about future trading partners and things like the CPTPP—things we might miss out on by being backward-looking. Does the hon. Member agree?

[Sarah Gibson]

Although I am extremely excited about any future and new trade deals the UK might have across the globe, I am a little worried that we are back to Brexit benefits, which we did not quite see. We have to be realistic: our businesses need continuity and clarity, and I believe that the Bill provides them. It would have been much more useful if we had been able to concentrate on the valid points that Opposition Members made about parliamentary scrutiny, which we could quite clearly support. I will be supporting the clause.

Question put, That the clause stand part of the Bill.

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[Adam Thompson]

My hon. Friend speaks with great knowledge on this subject, and I completely agree with everything he says.

[Sarah Gibson]

I draw the Committee’s attention to the fact that the very complex Fire Safety Act 2021 was brought about following a serious fire caused by people who were supposed to be in charge of scrutinising product safety, but actually lied about it, presenting different products that were not part of the original product and were put together slightly differently. The reliance on experts we do not know about is quite a concern. The points made by my Opposition colleagues are extremely important: who are these experts and what scrutiny are they held to?

[Adam Thompson]

The hon. Lady makes a good point; it is very important that, in situations such as the one she describes, we maintain the utmost scrutiny. In that situation, however, it was not necessarily a failure of the standards bodies, but of the individual companies that had put forward—

[Sarah Gibson]

It is indeed the case that the standards bodies failed to check that the products they were being presented with were actually the ones on the certificates they were being asked to approve. So it was a failure of our system.

[Adam Thompson]

I appreciate that. I take the hon. Lady’s point and will continue, as I am nearly done.

The last point I wished to make was that this amendment, and many of those we have heard today, has no purpose other than to demonstrate that their proposers have broadly failed to maintain the softest grasp of what metrology is, what standard frameworks are for or even why they exist. I hope that the right hon. and hon. Members opposite will consider withdrawing their amendment; otherwise, I implore colleagues to vote against it.

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[Sarah Gibson]

The Liberal Democrats are supportive of the amendments, specifically amendments 8 and 9, which would take the remaining regulations subject to the negative procedure and make them subject to the affirmative procedure. These powers raise serious constitutional concerns. They risk undermining Parliament’s role and shifting too much authority to the Executive. Such powers should be tightly constrained and used only when genuinely essential and accompanied by robust safeguards, including clear limits on the scope of the mandatory scrutiny procedure. We must be vigilant: laws passed by Parliament should not be easily rewritten by Ministers behind closed doors without full debate or democratic accountability. We are therefore supportive of the amendments, and I urge the Government to realise them.

[Justin Madders]

I am grateful to the hon. Members for West Worcestershire and for Chippenham for the measured way in which they have put forward their concerns, which take us back to where we started this morning. One of the central debates about the Bill concerns the level and balance of the powers in it, and ensuring that the right level of scrutiny is applied to regulations made under it. I believe that we have demonstrated through our actions in the other place that that balance has changed, and that we have struck the right note.

Amendments 8 and 9 would make all regulations made under the Bill subject to the affirmative procedure. As introduced, the Bill required new regulations to be subject to the affirmative procedure in a range of important areas, such as emergency powers and the creation of a criminal offence. However, having heard some of the concerns mentioned in the other place, we went further and amended the Bill so that the affirmative procedure would be applied to more areas, including when we impose product requirements on a new category of economic actor for the first time. We believe that that strikes the right balance between the need for scrutiny, appropriate use of parliamentary time, and the flexibility needed to keep our product and metrology regulations up to date. I will not remind Members of the quotes I gave from Ministers in the previous Administration who made similar points.

Amendments 10 to 13 are concerned with how the Bill may amend or repeal existing primary or secondary legislation. I understand the concerns about Henry VIII powers, but we heard the concerns and points expressed by peers and the Delegated Powers and Regulatory Reform Committee and have removed almost all the Henry VIII powers from the Bill.

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[Justin Madders]

I am happy to do that, and I am sure that we will all be enlightened as a result.

Amendment 1 agreed to.

[Sarah Gibson (Chippenham) (LD)]

I beg to move amendment 35, in clause 12, page 12, line 21, at end insert—

“(i) provision described in section [Product recall].”

[The Chair]

With this it will be convenient to discuss new clause 12—Product recall—

“(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.

(2) The regulations must include provision to ensure—

(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;

(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;

(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and

(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.

(3) The regulations must establish consumer rights entitling individuals to—

(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;

(b) access to support and guidance through the recall process, including where a product is no longer in production.

(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”

This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.

[Sarah Gibson]

Amendment 35 is a technical amendment that introduces a provision for product recall, which is set out in new clause 12. The new clause would establish a robust and centralised product recall system that truly protects consumers when safety risks arise. The current product recall landscape is fragmented, inconsistent and difficult to navigate, and the new clause is an attempt to fix that.

The new clause requires the Secretary of State to introduce regulations within six months of passing the Bill to strengthen and standardise product recall processes across the UK market. The product regulations must include several key elements, including the creation of a publicly accessible, Government-hosted online database listing all active product recalls in the UK. This is about visibility—people need a single, reliable source to check whether a product that they have bought is affected. The proposal sets out clear duties on manufacturers, importers and distributors to promptly notify the relevant authorities and to upload recall information as soon as the safety risk is identified.

The new clause also includes details of mandatory content for recall notices, including details of the affected product, identified risks, corrective actions and how consumers can access a refund, repair or replacement. It would also establish minimum standards for direct communication with affected consumers, which may be by email, SMS or post. The importance is that people are actively alerted and not left to find out on their own.

Importantly, the new clause also guarantees consumer rights during a recall, including a right to a refund, replacement or repair within a reasonable timeframe, as well as access to support and guidance, even in cases when the product is no longer being manufactured. Finally, the clause requires consultation with key stakeholders, consumer groups, trading standards and industry before the regulations are made. This ensures that the system is practicable, enforceable and effective.

New clause 12 is about building a centralised and transparent recall mechanism, which is long overdue. Unsafe products must be removed from circulation swiftly, and consumers must be able to take action easily and confidently. The existing system is not working and it is not always easy for people to know which products have been recalled. The new clause seeks to address that issue. I urge the Committee to support it.

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[Justin Madders]

I am grateful to the Lib Dem spokesperson, the hon. Member for Chippenham, for raising this important issue. The amendment is consequential on new clause 12, on product recalls. It is important to state first that the Government are reviewing product recalls, as well as the full range of existing enforcement powers available for product safety and metrology, as part of our work on developing new enforcement regulations under the Bill, so the hon. Lady’s concerns are certainly ones we are aware of. Elements of the developing proposals will be included in the broader consultation document that the Government have agreed to publish on Royal Assent.

Furthermore, consumers are already able to make a claim for a refund, repair or replacement under the Consumer Rights Act 2015, and other routes for redress include the Consumer Protection Act 1987, the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024. Supply chain actors are already under an obligation to report products that pose a risk to the relevant enforcement authority, as identified in legislation under the General Product Safety Regulation 2005 and sector-specific product regulations. Additionally, a publicly accessible, Government-hosted online database of product recalls—the “Product Safety Alerts, Reports and Recalls” database—is on gov.uk.

The exact requirements and capabilities of recall notices will be considered within the wider review of enforcement powers under the Bill. Part of that review will consist of extensive engagement with stakeholders. Placing a six-month time restriction on that—as suggested by the amendment—would therefore only restrict the amount of engagement possible. We do not believe that new clause 12 is needed, so the amendment that seeks to apply the affirmative procedure to regulations made under the new clause is also unnecessary. I hope that the hon. Member for Chippenham is assured that we take the matter seriously and will act on it when the Bill receives Royal Assent.

[Sarah Gibson]

With that in mind, I will be happy to withdraw the amendment and therefore new clause 12, but as soon as Royal Assent is received, I will remind the Minister of exactly what he has said today. I will bring the subject up again. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 13, in clause 12, page 12, line 26, at end insert—

“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.

(6B) Before making any regulations under this section, the Secretary of State must—

(a) conduct a consultation for a period of no less than six weeks;

(b) Publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.

(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.” —(Dame Harriett Baldwin.)

This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.

Question put, That the amendment be made.