(1 day, 5 hours ago)
Commons ChamberI beg to move,
That the draft Industrial Training Levy (Engineering Construction Industry Training Board) Order 2026, which was laid before this House on 1 June, be approved.
In my view, the provisions in this statutory instrument are compatible with the European convention on human rights.
The statutory purpose of the Engineering Construction Industry Training Board is to make better provision for training throughout the engineering construction industry in England, Scotland and Wales. Engineering construction is critical to the Government’s wider ambitions for economic growth, clean energy and energy security. The industry provides the skilled workforce to build, maintain and operate major energy, manufacturing and industrial infrastructure across the country. The continued value of the ECITB and the Construction Industry Training Board was confirmed by a 2023 independent review, which found that a statutory levy remains the most effective model for industry-wide investment in training, and is needed to address persistent structural workforce challenges within the industries covered by the industry training boards.
This order gives effect to the ECITB’s levy proposals for 2026, 2027 and 2028. The levy remains the board’s primary source of funding, and the order is required for the board to raise mandatory assessments on employers that are in scope. It continues to receive strong support from employers: more than 85% of levy-paying employers supported the levy proposals, representing nearly 98% of total levy value—well above the statutory threshold of more than 50% support required from industry.
A 12-week Government consultation has just closed on a proposal to bring the two ITBs together into a single, unified body to support the combined skills needs of the engineering construction and construction sectors. The Government are now carefully considering the views expressed before making decisions on reforms that may be needed to ensure that the system delivers the support that employers need. I cannot prejudge the outcome but, in order to maintain the ECITB for support for employers, we need this levy order. If the Government chose to proceed with the proposed reform, the earliest that a single body could be in place would be the spring of 2028. If reform required a new ITB levy order, it would come to the House through the usual parliamentary process.
I thank the Joint Committee on Statutory Instruments for its detailed review of this levy order. The order retains levy assessment rates from the Industrial Training Levy (Engineering Construction Industry Training Board) Order 2023 and retains the exemption threshold to protect small businesses and microbusinesses that are still eligible for ECITB grants and support.
An estimated £137.9 million will be raised in levy between 2026 and 2028. It will be invested in meeting the skills needs of the engineering construction industry. It will fund programmes to widen participation, raise skill levels, increase opportunity and maintain occupational standards for the industry. It includes targeted grant support for employers to develop the skills pipeline in engineering construction. Since 2023, more than 5,000 apprenticeship starts have been supported through ECITB employer funding, including electrical, mechanical and nuclear-specific apprenticeships. That support includes direct grants for employers, travel and accommodation costs, and costs of additional qualifications that are required.
The funding raised by the ECITB levy directly underpins broader economic priorities. More than 90,000 people are employed in the leviable workforce, contributing an estimated £33 billion in gross value added, which rises to £100 billion when we include the wider sectors serviced by the engineering construction industry. However, the industry faces big, long-standing challenges in recruiting and retaining a skilled workforce, which makes voluntary investment in training harder to secure. Only a statutory levy can guarantee that the skills that industry urgently needs will be provided at the scale required. If this order is not approved, the ECITB will be unable to collect the levy in 2026. That would hit apprenticeships and other vital industry qualifications, employer support programmes, training standards and the future capabilities of one of our most economically significant sectors.
It is estimated that the UK needs an additional 40,000 engineering construction workers, and this order will play an important part in supporting major infrastructure projects nationwide. In addition to industry support, the proposals before the House today have received the full support of the devolved Governments of Scotland and Wales. They recognise, as we do, that the ability of the ECITB to raise and invest levy income is vital to ensuring that employers across all three nations can access the engineering construction skills that they need. I commend the order to the House.
I am grateful to all those who have spoken in the debate for the thoughtful scrutiny they have given to this instrument, and I am grateful for the support expressed by the hon. Members for South West Devon (Rebecca Smith) and for Torbay (Steve Darling) and my hon. Friends the Members for Portsmouth North (Amanda Martin) and for Birmingham Northfield (Laurence Turner).
What I think the debate has effectively underlined is just how important the work of the ECITB is and the scale of the challenge that faces one of our most economically vital industries, which has a core workforce of 90,000 people and is responsible for £33 billion in annual output. The importance of that industry has been well reflected in the contributions to this debate. It is clear that the engineering and construction industry cannot meet its skills demands in the coming decade without a stable, collective system of investment in training. The evidence is consistent that market forces on their own will not deliver the pipeline of skilled workers that the industry urgently needs.
The ECITB levy is the mechanism that enables the collective benefit for the focused skills strategy for this industry. It ensures that employers can access support for training and share the benefits of a skilled, competent and resilient workforce. It also opens up opportunities. It helps apprentices and other new entrants to complete high-quality training, and it helps existing workers to reskill or upskill to progress their careers.
The hon. Member for South West Devon asked what the Government are doing to support the industry more widely with skills. Substantial Government investment is being deployed to that effect as part of wider reforms to help employers respond to current and future workforce needs. This includes an additional £1 billion of investment to help deliver some 50,000 more apprenticeship opportunities over the next few years, alongside increased flexibility through the new growth and skills levy and sector-specific skills packages in engineering and construction worth over £800 million.
The hon. Lady will know of the targeted incentives for employers, including payments of up to £2,000 for taking on foundation apprentices, which will help more young people to enter skilled careers. The continued investment that we are making in skills bootcamps and increasingly devolved approaches through mayoral strategic authorities are enabling local areas to respond more effectively to local employer demand and skills shortages. Together with support from the ECITB, the measures certainly will strengthen the pipeline of skills, and I agree with the hon. Lady about how important that is.
The hon. Lady cited the figure from 2024 that £28 million was invested by the ECITB in training grants and new entrant programmes. That went up to £32.6 million last year. We are expecting continuing increases, and we recognise the importance of being able to fulfil the growing demand that we are seeing.
My hon. Friend the Member for Portsmouth North (Amanda Martin) quite rightly reflected how important these measures are for Portsmouth, and she asked for engagement with the all-party parliamentary group. I will pass on that request to the Minister for Transformation, my hon. Friend the Member for Stretford and Urmston (Andrew Western), who I am sure will be very pleased to do that.
To the questions from my hon. Friend the Member for Birmingham Northfield (Laurence Turner), I am afraid that I am not in a position to shed any light on the timing of the decision following the recent consultation. I will, though, pass on his suggestion that trade union representation should be considered when the reorganisation is being reflected on.
The shadow Minister asked me a question about the proportion of new entrants. I think she was asking about those who are still in the industry 12 months on. That is not a figure that I have to hand but I will, if I may, drop her a line, if I can get the information to answer her question.
The debate has reminded us just how important supporting the needs of small businesses is, ensuring maximum impact and value for money from employers’ levy contributions, and I think that the order gives reassurance on all those points. It maintains support for the engineering construction industry by minimising burdens on employers, holding steady levy rates and protecting smaller firms by maintaining exemption thresholds. Regardless of any future decisions needed to future-proof its support, the industry cannot afford a gap in funding now, and approving this order provides continuity, stability and confidence for engineering construction employers across England, Scotland and Wales. I am grateful for the support this measure has received in the debate, and for all those reasons I urge the House to support it.
Question put and agreed to.
(1 week, 1 day ago)
Commons ChamberBeing in work is the best way to avoid poverty. The benefit cap gives a modest but significant incentive to start work and then to progress in work. Some people cannot work, so the cap does not apply to people out of work on disability or caring benefits, but for others it remains in place.
The abolition of the two-child limit by this Government was a key step in cutting child poverty, but some of the poorest families still see their benefit capped, and there are shockingly high levels of child poverty in parts of my constituency, with 70% of children in Arundel ward and 61% of those in Princes Park ward growing up in poverty. The cap hits families with high needs: two thirds are single-parent families, more than half of whom had a child under five and over a quarter had a child under two. They are often forced to turn to food banks to survive as a result. The Trussell Trust provided 1,300 food parcels to children in Liverpool Wavertree last year. Will the Government build on the abolition of the two-child limit and review the benefit cap to ensure that families with very young children are protected from poverty?
We will certainly keep the policy under review, but at the moment too many people are in poverty through being out of work, and the cap does help by increasing the incentive to work. My hon. Friend is right to highlight the scrapping of the two-child limit—2 million children will gain overall from that. There are 50,000 capped households who will not see a gain, but a large number will. One other point I should make is that childcare support within universal credit is not affected by the cap, so that is of further help.
Seamus Logan (Aberdeenshire North and Moray East) (SNP)
The House of Commons Library, quoting the Joseph Rowntree Foundation, reports that child poverty rates in Scotland are much lower than in England, at 23% compared with 31%, due at least in part to the Scottish child payment. In the light of this Government’s mission to tackle the scourge of child poverty, can the Minister describe what measures the Government are planning, in addition to the abolition of the two-child cap—for example, scrapping the infamous bedroom tax?
The hon. Member is right that the scrapping of the two-child limit is the key measure and will lead to 450,000 children moving out of poverty. Other measures in our child poverty strategy that we published last year will increase that number by another 100,000. That is going to be very welcome progress in Scotland as well as in the rest of the UK, and we will be keeping policies under review.
Some 100,000 households get over £50,000 in benefits, and 16,000 households get over £60,000 in benefits. That gives them the same income as the top 10% of earners in this country. British people are sick and tired of footing the bill for “Benefits Street” and seeing welfare claimants living lives of luxury at their expense. The right hon. Member for Makerfield (Andy Burnham) has called for more collaborative politics, so will the Minister adopt our plan to toughen up the benefits cap and save £1 billion off the benefits bill?
If there is a plan, I would be very interested to see it. We certainly have not seen any details of it. The hon. Member’s comments are a further example of her expressing dissatisfaction with the system left behind by her Government after 14 years. We are reforming the system and making sure it is doing the job we need it to do, and we will carry on with that programme of reform.
John Whitby (Derbyshire Dales) (Lab)
We have been reminded already this afternoon of the experiences of Fatima Whitbread. Work is under way across Government to give care leavers access to the skills and wider support for sustained employment and career progression. Lower universal credit rates for younger claimants strengthen work incentives and encourage increased earnings over time.
John Whitby
This Government are rightly committed to breaking down barriers to opportunity, but care leavers still face disproportionate challenges as they move into independent adulthood. Will the Minister commit to reviewing the universal credit age-related rates for care leavers, with a view to ensuring that all 18 to 24-year-old care leavers receive the same rate of UC as those aged 25 and over?
It is very important that we do not weaken the incentives for care leavers to start work and to progress once they are in work. At the moment, 40% of young care leavers are not in employment, education or training. That is a horrific statistic, so our response is to provide tailored Jobcentre Plus support. We also have the new youth jobs grant of £3,000, which my right hon. Friend the Secretary of State has referred to, which will be available from tomorrow. Care leavers under the age of 25 are eligible for the one-bedroom local housing allowance rate, rather than the shared accommodation rate, so there is a financial benefit there, but our focus is rightly on support into work.
I thank the Minister very much for his answers, as always. In Northern Ireland, care leavers are really untold heroes in the work that they do. Many of us, in all our communities, understand the delivery of care that is provided. In relation to young people, has the Minister had an opportunity to talk to the relevant Minister in Northern Ireland to ensure that we can move forward with the speed that he seems to indicate? I understand that there are 19,000 young people between the ages of 16 and 24 in Northern Ireland without any employment, so there may be an opportunity here to do better.
I would be delighted to have that conversation. I speak regularly to the Minister in Northern Ireland about matters in my portfolio, and I would be happy to cover this matter in our next conversation.
Steve Darling (Torbay) (LD)
I welcome the Government’s acceptance of a finding from the Liz Sayce review of carer’s allowance overpayments in respect of the underuse of waivers, given that the households concerned are often the most vulnerable in society. Has a review of the use of waivers been undertaken, and what changes have been made for frontline staff?
As the hon. Member knows, we are working through the cases of those who were required to repay an overpayment over recent years. I am receiving an update every week on the number of cases that have been gone through and the number of people who have had an overpayment reduced or cancelled, and I would be happy to give the hon. Member further information about the progress of that work.
I can assure the hon. Member that my Department is working very closely with the Ministry of Housing, Communities and Local Government to look at what we need to do between us to address the problem of homelessness. I note the point she raises, which is one of the points for discussion.
Tom Rutland (East Worthing and Shoreham) (Lab)
Adam Dance (Yeovil) (LD)
There is a limit on how far back applications can be backdated, but if the hon. Gentleman would like to drop me a line with the details, I will make sure that we have a good look at the case he raises.
Neil Duncan-Jordan (Poole) (Lab)
The Pensions Minister knows that there is no retirement on a dead planet, so will he commit to writing to the 50 largest UK pension funds to ask them to set out their timetable for divesting from fossil fuels?
The increased PIP costs are expected to add an extra £5 billion to the welfare budget this year. As the TaxPayers’ Alliance has highlighted, the number of households earning over £100,000 and getting PIP has doubled to 200,000 claimants. Will the Minister make an assessment of the potential merits of means-testing PIP to ensure targeted support?
Together with disabled people, we are co-producing a review of PIP to ensure that it is fair and fit for the future. The review’s terms of reference reflect the view of successive Governments that PIP should be a non-means-tested cash benefit for people both in and out of work, because anybody can incur additional costs as a result of long-term ill health or disability.
Alex Ballinger (Halesowen) (Lab)
Sadly, Dudley borough was named in Alan Milburn’s “Young people and work” report as the worst performing borough in the country for tracking 16 and 17-year-olds—for over a thousand 16 and 17-year-olds, it was unknown whether they were working, in school or in college, or what they were doing at all. Can the Secretary of State outline what the Department is doing to ensure that we do not lose sight of these young people, as we have done in Dudley, so that we can give them the opportunities they need?
One of my constituents is a former care leaver who is facing immense health conditions and he can no longer work. Given the lack of family and social support that many care leavers experience, they are uniquely vulnerable to financial insecurity. Can the Minister confirm that the experiences of care leavers are being considered as part of the Timms review?
If the care leavers are PIP recipients —I think that is probably the case in the example my hon. Friend has given—we are certainly considering that point. If this issue is one that she thinks we need to reflect on in the review, I would be keen to hear about such experiences.
Caroline Voaden (South Devon) (LD)
Bereavement benefits have not been uprated for 10 years, and they simply do not recognise the lifelong impact of early bereavement on children and surviving parents. Will the Minister look again at uprating bereavement support benefits in line with inflation?
(1 week, 6 days ago)
General CommitteesI am delighted to serve under your chairmanship, Mrs Hobhouse. Thank you for permitting us to take our jackets off. I thank hon. Members who have spoken in the debate.
As we have heard—my hon. Friend the Member for Burnley made the point absolutely correctly—this statutory instrument amends regulations to enable the best use of the assessment resources that we have available. It will help us to repair the broken system that we inherited, which needs to be repaired, and provides a much-needed safeguard against potential future challenges, in order to protect payments to vulnerable people.
As mentioned by my hon. Friend, under the contracts with assessment providers that were negotiated by the last Government, we can call on only a finite volume of assessment capacity. We could, as the last Government did, use a large chunk of that capacity for frequent reassessments of PIP claimants whose circumstances most likely have not changed at all, or we can use that resource in a more productive way. That is what we have chosen to do.
We want to do two new things. First, we want to recommence, properly, reassessments for the work capability assessment, which provides a gateway to the health premium in universal credit. The situation we inherited is that work capability assessments are carried out when somebody makes a new application, and after a period that person is due a reassessment. The number of reassessments that it has been possible to carry out has been lamentably low. The hon. Member for South West Devon commended PIP reassessments—if only the Conservatives had carried out the work capability reassessments. We want to switch some of the assessment capacity that was being used ineffectively by the last Government, so that it will be used effectively in future.
The second thing we want to do, as my hon. Friend the Member for Burnley referred to, is to increase substantially the proportion of assessments that are carried out face to face. Almost all of them used to be face to face, then came the pandemic, and for reasons that we all understand, they switched to being phone-based or occasionally video-based assessments instead. But once the needs of the pandemic had passed, face-to-face assessments were never properly switched back on. Telephony was retained as the main channel, with just a small number of face-to-face assessments restarting in 2021. In our view, that is not good enough.
John Milne
As the Minister knows, I sit on the Work and Pensions Committee. About a year ago, we heard evidence that in fact there was little statistical difference between the approval rates for face-to-face interviews and for remote interviews. The figures may have been updated since, but that is the evidence we heard then. I am in favour of face-to-face interviews—they seem intuitively better—but there may not be quite the difference that everyone might reasonably expect; that is what the figures show.
There certainly has been data along those lines; I think it was data along those lines that made the previous Government think that they need not start face-to-face assessments again. I agree with the hon. Gentleman: to build confidence in the system, not least on the part of the people being assessed—I was speaking to somebody yesterday who said, “I wish that I’d had a face-to-face assessment”—and to make sure that the correct decisions are being made, we do need face-to-face assessments.
By the time of the general election, only about 7% of work capability assessments and PIP assessments were being carried out face to face. We want to do a great deal better than that. It was not just that the resources for face-to-face assessments were not provided in the assessment contracts, although that was certainly part of the issue; the other factor was that the previous Government walked away from large amounts of the assessment estate so there were no longer enough places where face-to-face assessments could be carried out. That is a pretty fundamental problem. The hon. Member for South West Devon spoke about la-la land, but frankly, that is where the Government who she supported left us.
We are therefore mounting a major rebuilding task to regain the capacity for face-to-face assessments that the last Government threw away, because our view is that these assessments should be done properly. We have started to rebuild the capacity that the previous Government threw away. We have increased the proportion of work capability assessments and PIP assessments carried out face to face, and we are on our way to achieving our target that at least 30% of both will be face to face. To achieve that, we need additional assessment resource; this measure is a key step in enabling us to obtain that.
Oliver Ryan
As the Minister is reading out his list of achievements, may I add to it? Does he think it is a good thing that we have put nearly £1 billion into support for the sick and disabled? That will partly come from savings from this and other measures, which we hope will save £1.9 billion by the end of the Parliament. As he says, the act of government is about making these difficult decisions and trade-offs in order to provide people with more support in the long run.
My hon. Friend is absolutely right. I have not yet got to that bit in my list, but I am coming to it—I am looking forward to that part of my speech.
The Conservative party is telling us that it would maintain its failed approach, with hardly any assessments being carried out face to face. That does at least have the benefit of consistency, I suppose, but we do not think it is good enough, and we will make the changes necessary to do far better. As my hon. Friend correctly highlighted, according to the Office for Budget Responsibility, this change that we have announced will reduce benefits spending by almost £2 billion—£1.9 billion—over five years.
We inherited an assessment system that was not equipped to do the job. The previous Government agreed contractual limits that meant at most 20% of assessments would be face to face. That was written into the contracts they signed, but there was not nearly enough capacity even to meet that level. We are having to fix a broken system, and we are making good progress, with the measure we are debating being an important step.
The purpose of this straightforward change is to provide the Secretary of State the power to extend personal independence payment awards in a limited set of circumstances, where it is deemed necessary to do so to safeguard the efficient administration of benefits. Before the amendment, a decision to extend an award of PIP required either a new claim for PIP, evidence of an error or mistake in the first decision, evidence that the claimant’s circumstances had changed, or the completion of a report by a healthcare professional appointed by the Secretary of State. In many cases, that would involve a claimant undergoing an assessment. Where such a decision could not be taken before an award expired, claimants would cease to be entitled to PIP until a further decision was completed. They would remain so until a further decision on entitlement could be made.
The amendment grants a specific discretion, making it possible to extend only the length of an award, and only where doing so is necessary for the administration of the benefit. As well as allowing the more efficient use of assessment resources, the discretion protects vulnerable claimants who would risk losing entitlement to PIP if, as in the pandemic, circumstances threatened to limit the state’s capacity to administer it. We are ensuring that the Department can lawfully maintain benefits payments to the most vulnerable people.
The new power will be used initially to increase the length of existing awards in line with the policy on award lengths for new awards, for which the Secretary of State already has the power. Existing claimants’ awards will be extended so that most first-time awards for those over 25 will be reviewed after three years, and most subsequent awards will be reviewed after five. Only awards deemed to be appropriate for those durations will be extended. The Committee may well be interested to know that the average annual increase in the PIP caseload has slowed under this Government: it fell from an increase of about 13% a year in 2019-20 to 2024-25, to a forecast average of about 7% a year over the subsequent five years.
The hon. Member for Horsham made a point about the Social Security Advisory Committee. I think he said that the committee had not looked at this; that is not correct—the committee has looked at it. It looks at all the regulatory changes that we propose, and it does a very good job. It plays an important role, and we welcome its scrutiny. As the hon. Gentleman said, the committee asked questions, and we were happy to set out the purpose of the regulations and the reasons for them. The committee accepted the information that we provided, and it chose to take the regulations on formal reference. I think the hon. Gentleman can be reassured about the committee’s view of this change.
I am grateful for the points that have been made and the opportunity for scrutiny that the debate has provided. The changes we are making enable the Department to make more efficient use of limited assessment capacity, to reduce assessments where they are not needed in order to focus on where they are needed, and to allow PIP awards to be extended in an emergency or crisis, as emerged during the pandemic, thereby protecting some vulnerable people from unnecessary hardship.
This is a measured amendment to ensure the effective administration of the benefits system. I hope that the hon. Member for South West Devon will not press the motion to a Division, but I fear she probably will—her party issued a press release before this Committee to say that Conservative Members would vote to annul the amendment, possibly before they realised what exactly was going on. If that is the case, I urge the Committee not to vote against the amendment.
Rebecca Smith
I assure the Minister that we did know what was going to happen. We will not change our minds on the position that has already been set out.
We believe that this instrument moves us in the wrong direction. I appreciate the points that were made by the Minister and, indeed, by the hon. Member for Horsham, who highlighted that there was apparently little difference between in-person and online reviews. That highlights that the issues that we have raised have not really been addressed—the Minister certainly has not.
The hon. Lady makes an important point. Will she clarify her party’s position? Does the Conservative party think that more than 7% of assessments ought to be carried out face to face, or is it not really bothered about whether they are carried out face to face or over the phone?
Rebecca Smith
Clearly, face to face is good, where possible. The 7% figure that you commented on was from the pandemic and from when you picked up. We know that we had a huge backlog to deal with—
(1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship this afternoon, Dr Allin-Khan. I congratulate the hon. Member for Eastleigh (Liz Jarvis) on securing this important debate. I also pay tribute to her for her consistent work on this issue in supporting her constituent, Caroline Hudson, whose brother-in-law, George Elliott, tragically died of silicosis, as we have heard.
I am very pleased to see my hon. Friend the Member for Blyth and Ashington (Ian Lavery) in his place, as he invariably is for debates on health and safety matters, and to see the hon. Member for Strangford (Jim Shannon), too.
I am the Minister responsible for health and safety in the workplace and for the Health and Safety Executive, or HSE. There has rightly been a lot of interest and correspondence lately about the increased dangers of silicosis resulting from engineered stone, the concerns that have been raised in this debate. Workers—often quite young people, as we have heard—who have worked with engineered stone have been made seriously ill or even, on occasion, lost their lives. I want to extend my deepest sympathy to all individuals and families affected.
We have been rightly informed that respirable crystalline silica—RCS—is a fine dust. It cannot normally be seen by the naked eye when airborne, but it does generally arise in visibly dusty processes. It is breathed in through the nose and mouth, can stay in the lungs for years and can cause irreversible lung damage before any symptoms become apparent. The illness it causes can continue to worsen after exposure stops. Breathing in RCS can lead to silicosis and the very serious harms we have heard about. It can also lead to other problems, including chronic obstructive pulmonary disease and lung cancer, as the hon. Member for Eastleigh said.
Every worker should be able to return home safe from work without fear of succumbing to a preventable deadly lung disease. Silica dust risks have long been recognised but we now know that engineered stone can contain very high concentrations of crystalline silica, as we have been reminded. What is particularly alarming in the past couple of years is the emergence of accelerated silicosis, which is linked to the processing of engineered stone containing high levels of silica at a much higher throughput without effective exposure controls being in place.
As one might expect, engineered stone can be processed much more quickly than natural stone and that means that the volume of silica dust a worker can be exposed to is much greater. As a result, we have seen across the world rapid onset of illness after quite short exposure periods, with severe and irreversible lung damage occurring. As we have rightly been told in this debate, all of that is preventable where exposure to silica dust is controlled. We are determined that it should be prevented. It is well known, as we have been reminded, that Australia introduced a ban on engineered stone in July 2024, and California is now considering a similar approach.
It is worth noting, though, that the danger of silicosis arises from natural stone, not just engineered stone. Having introduced a ban on engineered stone in July 2024, Australia then introduced restrictions on the use of natural stone in September of that year. We are not currently proposing a ban in the UK, because we do not think that is the right approach. HSE is working closely here with the Worktop Fabricators Federation. That has developed, in conjunction with the British Occupational Health Society, for which I have a high regarded, a quality mark for worktops, to reassure consumers that they are buying a worktop that has been produced safely, not putting workers at risk. It has a logo and the wording
“strict silica safety standards applied”.
Being able to display that quality mark is dependent on the fabricator demonstrating to a registered occupational hygienist compliance with a 16-point list, including, for example, point number 3:
“The use of lower silica products (below 30%) wherever possible.”
Accredited products can now be bought from some retailers listed on the Worktop Fabricators Federation website.
As I said, we are going to keep this closely under review, though we are not currently proposing a ban on engineered stone in the UK. It would not solve the problem in workplaces that did not have adequate safeguards, because as I have said, problems can arise with natural stone. And the evidence is clear that workers can be protected from the dangers of engineered stone if the right control measures are in place. Those controls need to be in place now to make sure that exposure to harmful dust does not occur.
One difference with Australia is the concern there about the safety of people installing the worktops. That has not been raised with me as yet. The risk that we have identified here is to people in workshops cutting the materials ahead of installation. There is a serious problem there, but of course it is possible that the problem could arise in installation as well, and we will keep this closely under review.
A ban could lead to unintended consequences with alternative, less well-known materials introducing new risks. Last week, the Health and Safety Executive met Safe Work Australia—the body responsible—to discuss the impact of the ban there. It did an initial review and it identified potential concerns that the ban had led to complacency about the safety of other products that are not prohibited, suggesting that they were assumed to be safe to use without control measures when actually they are not. Control measures are needed for those products as well. But we are going to keep in touch with Safe Work Australia and keep the experience of the ban in Australia under review.
A lot of workers in Britain work with these materials every day. Workers and their employers need to understand that controls to prevent exposure are essential, not optional. For many decades, we have had in place a robust regulatory framework—the Control of Substances Hazardous to Health Regulations, known as COSHH. That includes the need for control measures, substitution with less harmful materials, and health surveillance. There is also a workplace exposure limit of 0.1 mg per cubic metre for working with silica. That ceiling must not be exceeded, but those with duties are required to minimise exposure below that level. The HSE has published a range of practical guidance—some of it very recent—for those where risks are highest. That is focused on the need to control the dust at source. But the law and guidance are effective only when followed, and it is here that the HSE is now focusing its efforts.
Over the last two years, the HSE has been building the evidence base, working with suppliers and developing an effective response. I was pleased to see the hon. Member for Eastleigh welcome that activity recently.
Not just at the moment. I may be able to later.
Last month, the HSE launched a campaign specifically on this area of risk, with dedicated pages and resources on the HSE’s Work Right website. Media activity supported the launch; there was coverage in national publications and trade media, as well as the HSE appearing at the Natural Stone Show at the Excel centre in London.
Also last month, the HSE published new COSHH guidance for those working with engineered stone. Businesses now have unambiguous instructions on what the law requires for compliance to be achieved. The guidance sets out what is expected to protect workers: water suppression of dust and mist control, appropriate respiratory protective equipment and effective ventilation. Those are not optional extras; they are what is required to comply with the law. Dry cutting of engineered stone is not acceptable. It must not happen anywhere. When dry cutting happens, workers will be inhaling significant quantities of silica dust. Where it remains on their clothing, they are also potentially spreading that silica dust to others.
The HSE has also strengthened its guidance on health surveillance to make it clear that where there is a risk of exposure, employers must ensure that workers’ health is regularly monitored. That addresses the point that the hon. Member for Eastleigh correctly raised.
I thank the Minister for his comprehensive response. The dangers are significant for those who visit factories and quarry sites. The Minister outlined that there is a strict statutory need for protective clothing and respiratory mouth covers. Is that the true for people who visit these sites, so they are not affected by this as well?
Employers need to take care that visitors to their premises are protected. What is being done includes making sure that workers at risk are having respiratory health checks, lung function testing and X-rays at intervals decided by an occupational health professional, and that employers have clear processes for identifying and reporting symptoms. In this debate, the importance of carrying out reporting has rightly been identified. The HSE is currently consulting on expanding the requirements in the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations to include silicosis once again. The consultation on that is under way, and it will conclude at the end of the month. The hon. Member for Eastleigh was quite right to raise that issue.
For those who choose not to comply with the law, we need effective enforcement. Starting in April and throughout the summer, HSE will be carrying out more than 1,000 inspections across the industry. It will inspect every place that we know of where this stone is being cut— if anyone knows of a place that we may not be aware of, please let me know; I want to make sure that HSE can go and look at it. HSE has carried out 13 inspections since they started at the end of April. Those were visits to places that concern was expressed to us about. Out of the 13 inspections so far, two businesses had ceased trading, but six of the remaining 11 were made to stop processing immediately. Prohibition notices were served for dry processing, unguarded machinery or both. Eight businesses received improvement notices for failing to provide the correct respiratory equipment, while eight received them for failing to provide health surveillance for employees. Just one of the 13 was operating in an exemplary way.
Through the programme, HSE will inspect every site it can identify in the country that works with engineered stone. HSE’s inspectors are being briefed on the programme this week. The resources are available to do the job properly, and inspections are under way across the country. Wherever standards are not met, enforcement action will be taken, including a prohibition notice if necessary. As a result of the inspections, HSE may give a duty holder advice or, where there are more significant concerns, issue improvement or prohibition notices that require a duty holder to make improvements or stop dangerous activities altogether. The inspections are now under way, and we are determined to drive out the poor practice behind the problems we have heard about in this debate.
We remain committed to ensuring that every worker in every sector is properly protected from this entirely avoidable harm. I welcome the contributions of Members who spoke today. I commend the campaign of The i Paper on this issue and all those who are working to highlight this important and alarming development. I will continue to monitor the evidence available in this country and keep an eye on what is going on elsewhere in the world. I will be very happy to consider further measures if it becomes clear that they are needed.
Question put and agreed to.
(1 month ago)
Written StatementsOn 28 May 2026, DWP published statistics about two exercises which reviewed historical personal independence payment claims for people affected by the MM Supreme Court judgment or the LB upper tribunal decision.
MM judgment
The MM judgment was handed down in July 2019 and related to daily living activity 9 of the PIP assessment. It found that prompting should be considered social support when it is provided by a person trained or otherwise experienced in assisting people to engage in social situations. It also found that DWP should take account of social support given before and after a social situation, not just at the time of the interaction itself, depending on the needs of the claimant. DWP updated the guidance for new claims from 17 September 2020 to reflect the judgment.
On 20 September 2021, DWP launched an exercise to review historical claims from 6 April 2016 to 16 September 2020 that may have been affected by the MM judgment. DWP looked at cases where people with a psychiatric condition had previously been assessed as needing prompting and cases not previously awarded points for daily living activity 9 because of the timing of any support. A progress update on this exercise was previously published at: PIP administrative exercise for MM: progress report to 31 August 2023 - GOV.UK.
This exercise concluded on 17 November. The release sets out management information related to the exercise. DWP reviewed 350,000 cases and made 48,000 payments in arrears, totalling £270 million.
LB upper tribunal decision
The LB upper tribunal decision was handed down in November 2016 and related to daily living activity 3 of the PIP assessment. It changed how managing therapy or monitoring a health condition should be interpreted. The upper tribunal found that a combination of time spent supervising, prompting and assisting with medication and monitoring a health condition must be considered as therapy. The tribunal also made comments on when paying attention to the timing and nature of food and drink constitutes diet as therapy.
DWP updated guidance for new claims from 17 June 2019 to reflect the decision.
On 15 October 2019, the Department launched an exercise to review historical claims made between 28 November 2016 and 16 June 2019 that may have been affected by the LB decision. DWP looked at cases of people with diabetes and another condition, such as a learning disability or severe visual impairment.
The exercise concluded on 31 January 2024. The release sets out management information related to the exercise. DWP reviewed 44,000 cases and made fewer than 100 payments in arrears, totalling £188,000.
All reviews have been carried out by a case manager within the Department and no one should have seen their PIP reduced because of these exercises.
Although DWP has completed both exercises, claimants can still ask the Department to conduct a review of their case if they think they are affected.
[HCWS68]
(1 month, 2 weeks ago)
Written StatementsThe Access to Work scheme plays an important role in supporting disabled people and people with health conditions in, and into, work. The core ambition of the scheme is to ensure that disability is never a barrier to, or in, the workplace. The scheme is highly valued by the many disabled people it supports, disabled people’s organisations and employers.
Demand for Access to Work has risen sharply since the pandemic, with more than double the number of applications in 2024-25 than in 2018-19. Alongside this, we inherited a substantial backlog of around 57,000 cases awaiting a decision beyond the expected timescales.
I know how frustrating these delays are, and the impact they can have on the recruitment and retention of disabled people and people with long-term health conditions.
That is why we have already increased the number of staff working on Access to Work by around 30%—from 500 in March 2024 to 657 in March 2026—and continued to prioritise applications where a customer is due to start work within four weeks.
Thanks to the action and hard work of our colleagues, we have eliminated delays in making payments and cleared around 96% of cases where a customer was due to start work in four weeks within 28 days.
This is important progress, but there is more to do.
Today I am announcing a clear plan of action to clear the backlog in applications by September 2027.
We will recruit an additional 480 case staff to process the higher volume of applications. When recruitment is complete, we will have more than twice as many staff working on Access to Work as in March 2024. The recruitment process has already begun, and new case managers will receive extensive training to handle complex applications with confidence. This will ensure that disabled people and people with health conditions can receive timely support to secure and sustain employment.
This comes alongside wider work on Keep Britain Working, where Government are partnering with employers and stakeholders to develop practices and approaches to better support disabled people and those with health conditions in the workplace.
It is also important that we consider wider changes to the Access to Work scheme. We are keen to ensure that the scheme remains fair and sustainable. I know how important Access to Work is to the people it supports, so it is important that we take the time to get reforms right to deliver real improvements.
I have taken the time to consult widely and to collaborate with and gather evidence from disabled people, employers and representative bodies. I am now considering the insights from the collaboration committee process, the recent National Audit Office report and work with the independent disability advisory panel to help shape potential wider changes to the scheme.
This announcement is a great step to help deliver an Access to Work that is timely and efficient and can meet the new levels of demand. It will restore confidence in the capability of the scheme to award the right support at the right time, and sets a pathway towards wider improvements.
[HCWS34]
(1 month, 3 weeks ago)
Written StatementsUniversal credit is modernising the social security system, improving value for money for taxpayers and ensuring people are better supported to move into work where they can.
As I set out in my statement on 20 April, the full transition from legacy benefits is due to complete by the end of June 2026, with the exception of a small number of customers who require time to find an appointee.
The Department’s “Move to Universal Credit” official statistics, published in May 2026, show that—as of 31 March 2026—2.4 million people across 1.8 million households have been notified of the need to make the transition to universal credit. Of these, over 1.5 million households went on to make a claim and approximately 815,000 households have been awarded transitional protection.
In 2020 the upper tribunal court determined that a customer claiming UC, even where a decision that resulted in benefits ending was later reversed, should not be reinstated onto legacy benefits. However, it also identified some such customers experienced a financial loss where their benefit entitlement was lower on UC.
Today we are launching the successful legacy appeals scheme. This compensation scheme follows the upper tribunal decision in R (on the application of TD, AD and Patricia Reynolds) v. Secretary of State for Work and Pensions [2020] EWCA Civ 618. It aims to compensate certain people who had to claim UC due to a decision to end their means-tested legacy benefits including housing benefit, tax credits, employment and support allowance, jobseeker’s allowance or income support, and on claiming UC received a lower entitlement than their previous legacy benefit entitlement, and who later had the decision to end their legacy benefit reversed.
The scheme constitutes the response of the Secretary of State for Work and Pensions to the determination of the upper tribunal and means that customers affected by similar circumstances do not need to seek redress through the courts or a tribunal.
[HCWS1176]
(1 month, 3 weeks ago)
Written CorrectionsTaking them one by one, the BRP extends the expiry date for the up to 173 approved active substances to 31 July 2031, provided that renewal applications are submitted. That will prevent them from lapsing through no fault of the suppliers and will avoid very severe disruption. It also reforms emergency provision so that essential biocidal products such as aviation fuel preservatives and drinking water disinfectants can remain available until an authorisation decision is made, where the need for use is long term. Of course, at some point it may be that a decision will be made that these products should not be available, but we do not want that to happen between now and June, because then they would become non-available.
[Official Report, Third Delegated Legislation Committee, 21 April 2026; c. 5.]
Written correction submitted by the Minister for Social Security and Disability, the right hon. Member for East Ham (Sir Stephen Timms):
Of course, at some point it may be that a decision will be made that these products should not be available, but we do not want that to happen before then, because then they may become non-available.
I had two separate questions. The first was whether any of the 173 active substances have faced sustained calls to be banned already. I recognise that none are banned, but have any of them faced calls to be banned because of potential damage to biodiversity or human health?
I cannot say how many of the 173 have had such calls made in relation to them, but my guess is that some of them probably have because of the nature of the substances. As the hon. Lady says, they all have current approval. The statutory instrument just ensures that they carry on being approved beyond June.
[Official Report, Third Delegated Legislation Committee, 21 April 2026; c. 9.]
Written correction submitted by the Minister for Social Security and Disability:
I cannot say how many of the 173 have had such calls made in relation to them, but my guess is that some of them probably have because of the nature of the substances. As the hon. Lady says, they all have current approval. The statutory instrument just ensures that they carry on being approved until 31 July 2031, provided renewal applications are submitted.
(2 months, 1 week ago)
Commons ChamberIn the six months up to March last year, we appointed an additional 111 case managers to help deal with increased demand for child DLA. The current target is to clear 90% of new child DLA claims in 45 days. Performance has steadily improved, and I am pleased to say that in March we did hit that target.
Over the past two years, only 3.5% of applications for disability living allowance for children have been approved by the Department for Work and Pensions within its own target timeframe. Parents of children with disabilities work tirelessly to ensure that their children can have the same opportunities as everyone else, and the disregard the DWP has shown towards supporting their claims is unacceptable. One of my constituents has experienced those lengthy delays first-hand and an administrative error meant she did not even receive her first payment award. Will the Minister commit to urgent action to ensure that the DWP’s pathetic processing time for children’s DLA applications does not continue?
As I said to the hon. Member, we did hit the 90% target last month. That reflects a steady improvement over the last few months. We are also introducing a new online evidence portal to improve evidence gathering, in particular from schools and people in education professions. That will also reduce delays, and we plan to roll that out fully in autumn. We are on the case and making significant improvements.
Tom Rutland (East Worthing and Shoreham) (Lab)
We are determined that disabled people should have the confidence to try work. Our “right to try” legislation will come into force on Thursday. People claiming universal credit, new style employment support allowance and personal independence payment can take steps towards employment and be confident that doing so will not automatically trigger benefit reassessment.
Ben Coleman
I thank the Minister for that positive answer. Could he reassure my disabled constituents under the age of 22, many of whom are in education and low-paid work, that they will not lose their universal credit health payments? This financial support is vital to helping young disabled people, because they face the greatest barriers to work. Does he share my concern that removing it could push them further away from employment and deeper into poverty? Has an assessment been made of the impact on poverty of removing that support?
There is an urgent need to address the big rise in the number of young people not in work, education or training that took place before the last general election. We think that better support might help young people more than extra cash. Alan Milburn’s review on the NEET problem more broadly will report in September; we will wait until then to decide whether to delay access to the universal credit health element until the age of 22. If we did do that, there would need to be exceptions.
Tom Rutland
Thanks to grant funding from DWP, my local Labour councils in Adur and Worthing are joining the Connect to Work programme, helping local people get into good local jobs. But for young people, including those with disabilities, being not in employment, education or training remains an issue. What more is being done to work with businesses and get more young people into the opportunities that they can thrive in?
I very much welcome the fact that my hon. Friend’s local authority is joining up with Connect to Work, which will be available across the whole of England and Wales by this summer. These regulations are a very important step forward. More needs to be done to give people confidence that moving into work or embarking on volunteering will not trigger a benefit reassessment. I also point him to our Pathways to Work guarantee, giving tailored personalised support to young people in the position that he described, and to the “Keep Britain Working” review by Charlie Mayfield, making employer vacancies accessible to my hon. Friend’s constituents and others in the position that he described.
John Milne (Horsham) (LD)
My disabled constituent Joanne was holding down a good job, but delays in Access to Work resulted in her not receiving the necessary support to stay in it. The Government’s new “right to try” initiative is a positive move, but will the Minister commit to resourcing vital support services like Access to Work, and to eliminating its backlog of over 62,000 cases as a matter of urgency? If not, we will find ourselves in the same position a year from now.
The support provided by Access to Work is absolutely vital. There has been a big surge in demand for the scheme over the last few years, which has led to some significant delay. I am very sorry to hear that the hon. Gentleman’s constituent has been affected in the way that he described. We said last year that we wanted to reform Access to Work, and that reform is much needed given the greatly increased demand. We are working on proposals and as soon as we are able to put them before the House, we will do so.
It was a great joy to spend time last month in Kendal for the Disability Confident employer scheme. It is gaining more and more members in our community and is helping people with disabilities into work. Around 20% of working-age people live with a disability; many work, and many more wish to. What is the Minister doing to support Disability Confident employers, to make it easier for them to employ people with disabilities and to support those with disabilities into the workforce?
I point the hon. Gentleman to the Keep Britain Working review, which Sir Charlie Mayfield is leading; it addresses exactly the issue that he rightly raises. We are also looking at reforming Disability Confident, which has huge potential—19,000 employers have signed up, I think. There is a lot of enthusiasm on the part of employers. We want to make sure that those who sign up to the scheme then progress up the levels so that Disability Confident makes a really significant difference. I am very hopeful that it will.
Mr Andrew Snowden (Fylde) (Con)
Steve Darling (Torbay) (LD)
The Department for Work and Pensions is currently reviewing over 200,000 cases of overpayments for carers, some of whom have accrued up to £20,000 through a situation not of their own making. In the light of this, will the Secretary of State stop applying carers penalties until the Department has completed this review?
As the hon. Gentleman has rightly said, we have now started reviewing those 200,000 cases. We anticipate that there will probably be 25,000 people among the 200,000 who could have debts cancelled, or could possibly be refunded. If carer’s allowance has been overpaid and should not have been, we will of course need to recover the money. The problem has been that the previous Government’s guidance in the Department was wrong. We have now corrected that, so I am hopeful that that particular kind of mistake will not occur again.
Charlie Dewhirst (Bridlington and The Wolds) (Con)
The Timms review is supposed to be shaped by disabled people and disabled groups, but I am hearing constantly that this is not the case, and that they are feeling sidelined. Can the Minister explain how we will ensure that there is true co-production, and that this is not just a tick-box exercise, and how the regions and diverse groups will be represented?
I can certainly reassure my hon. Friend that we are ensuring genuine co-production. Two co-chairs, Sharon Brennan and Dr Clenton Farquharson, were appointed last October. The three of us have recruited a steering group of 12; they are almost entirely disabled people. Our fifth full-day steering group meeting was in Manchester last Thursday. We have issued a call for evidence, which is open until 28 May. We have had over 10,000 responses so far, and I hope we will receive many more. That is just step one in a programme of wider engagement. This is genuine co-production that will deliver.
Dr Roz Savage (South Cotswolds) (LD)
I welcome the hon. Member’s consistent interest in this important topic, and he will know that the SEND reforms that have been announced have been well received. Our youth guarantee will apply to young people with special educational needs and disabilities, and the trailblazers that we have set up are trying out new approaches, but I would be delighted to meet him and discuss how we can do this job.
Mr Bayo Alaba (Southend East and Rochford) (Lab)
I welcome the £2.5 million funding boost recently awarded to South Essex college; that will help equip even more residents from Southend and Rochford with the skills needed for fulfilling, lifelong careers. Following my conversations with Louisa Strachan, founder of Song School in Southend, on their desire for greater support for creative apprenticeships, can the Minister outline the steps that his Department is taking to support young people into the creative and music industries?
Tom Gordon (Harrogate and Knaresborough) (LD)
Disabled people in England face a postcode lottery when it comes to the time in which they can use their bus passes. What conversations have been had with colleagues at the Department for Transport and the Treasury about removing those unfair time restrictions?
I regularly meet the lead Ministers on disability from all Departments, including the Department for Transport; I know that my colleague there is particularly interested in transport accessibility for disabled people. I would be very happy to pick up with them the point that the hon. Gentleman raises.
When a child is diagnosed with an illness such as cancer, their caring needs start immediately. Such a diagnosis upends any household; there are appointments, and often families are unable to work. Will the Minister review again the question of whether child disability living allowance should be paid immediately on diagnosis, as opposed to the family having to wait three months, and will he meet the Watson family from my constituency, who have, sadly, lived with this barrier to support?
The hon. Member is right; there is a three-month period to wait after the onset of the incapacity or impairment. Sometimes I think there is a bit of confusion; people think it is three months after the application, but it is not: it is three months after the issue arises. That is to make sure that it is a long-term incapacity; that is what the benefit is there to support. I would be happy to have a conversation with the hon. Member about this. Of course, this matter is devolved in Northern Ireland, but Northern Ireland conventionally keeps in line with England.
David Baines (St Helens North) (Lab)
Last week was Multiple Sclerosis Awareness Week. I recently met my constituent Rob Denham to discuss the issues he has had with claiming the personal independence payment in the past—he compared the experience with being put on trial. Will the Minister assure me, Rob and all those suffering with MS that the review that the Government are now conducting will not just make the system more effective and efficient, but make it fairer and more humane?
Yes. I was recently at a roundtable with someone who has multiple sclerosis who described to me the process of applying for PIP as “retraumatising”, rather like when she was initially diagnosed with MS. The steering group is determined to deliver a better system and when we report our recommendations to the Secretary of State in the autumn, I very much hope that that is what we will be able to do.
Ian Roome (North Devon) (LD)
One of my constituents in North Devon is a Royal Marines veteran who was just awarded over £2,700 in backdated universal credit, after the DWP failed to disregard his war pension from his monthly income. What can be done to ensure DWP staff understand armed forces pensions? Will the Minister assure hon. Members that this is not happening to other veterans across the country?
I am very sorry to hear that the system was not properly understood in the case of the hon. Gentleman’s constituent. He is absolutely right that there is special treatment for compensation payments of this kind within the universal credit system. I will certainly talk to my officials about ensuring that those arrangements are properly understood in the Department.
Mike Reader (Northampton South) (Lab)
The potential rapid closure of St Andrew’s hospital in my constituency puts over 3,000 jobs at risk. Will the Secretary of State meet me to discuss what package of support we can put in place for those people to ensure they can find good quality work in my constituency?
(2 months, 2 weeks ago)
General CommitteesI beg to move,
That the Committee has considered the draft Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026.
I am delighted to serve under your chairmanship, Dr Murrison. I welcome all Members to the Committee. I am very pleased to introduce this instrument, which was laid before the House on 24 February.
The draft regulations are important to keep our post-Brexit chemicals regime robust, proportionate and fit for the long term. They amend three pieces of chemicals legislation that we assimilated from the European Union, putting right things that could not be put right at the point of EU exit due to the limited powers available then under the European Union (Withdrawal) Act 2018. I am satisfied that they are compatible with the European convention on human rights.
The draft regulations maintain high standards of protection for human health and the environment, making sure that the regulatory system works efficiently for businesses, and supporting economic growth. In combination with the commitment of the Health and Safety Executive to aligning with the European Union’s regulatory decisions other than in exceptional circumstances, the draft regulations create a framework for adopting EU chemical hazard classifications more quickly in Great Britain. Chemicals stakeholder groups across the board broadly share the wish to stay as aligned with the European Union as possible, to support trade and to maintain the high standards of protection that we share with our closest trading partners, and this statutory instrument reflects those wishes.
It is very important that this legislation has been laid now, because the powers provided for in the Retained EU Law (Revocation and Reform) Act 2023 expire in June, and no other suitable powers are available. The changes being made here are about keeping on the market things that are currently available. New things that are not currently available will still be subject to existing classification and approval requirements, and will be permitted in Great Britain only if the HSE has undertaken an evaluation of them, as is the case at present. There will be a fast track for classification evaluations, but only if the substance has already been subject to classification by a regime that adopts the United Nations globally harmonised system on the same basis as the UK—which means, at present, only the European Union’s. Substances approved elsewhere will not be eligible for fast-tracked evaluation in the UK.
The measures strike an important balance, giving more certainty and flexibility, with a more proportionate system for chemicals suppliers and the regulator, while protecting the natural environment from the risk of chemical pollution, protecting people who use and work with hazardous chemical substances, and retaining the benefits of important biocidal products, such as those used to provide clean drinking water.
The Health and Safety Executive’s chemicals supply framework is overseen through three regimes. First, there is the Great Britain biocidal products regulation, BPR, which controls the placing on the market and use of biocidal products—disinfectants, insecticides, and so on. Secondly, there is the Great Britain classification, labelling and packaging—CLP—regulation, which provides for the identification and communication of chemical hazards, adopting the UN globally harmonised system of classification and labelling. Thirdly, there is the GB prior informed consent—PIC—regulation, which governs the export and import of some hazardous chemicals.
Those regulations were carried over from EU law under the 2023 Act, which enables sensible amendments to keep those regimes operating effectively. The regulations before the Committee apply to England, Wales and Scotland, whose Ministers earlier this year consented to the making of the regulations. In Northern Ireland, EU chemicals legislation continues to apply under the Windsor framework.
The chemicals supply framework that we inherited from the European Union provided a high level of protection, but there are some structural and operational problems in applying it in a single country. We used, for example, to share access to the testing resources of all European Union countries; now we just have access to our own. Without these regulations, we would very quickly run into serious problems. Up to 173 active substances used in essential biocidal products would very soon lose approval and have to be removed from the market.
Those products include insecticides used to remove disease vectors from aircraft, disinfectants for infection control in hospitals, anti-fouling coatings needed by ships at sea, wood preservatives that protect businesses and homes, and other biocides that are important for public health. There would also be inadequate powers to issue temporary permits for critical products, so that it would no longer be possible for essential products such as aviation fuel preservatives and chemicals used to disinfect public drinking water supplies permitted under those powers to be supplied and used legally.
Businesses would continue to face unnecessary administrative burdens such as notification requirements that no longer serve any purpose, and the ability of the Health and Safety Executive to prioritise more quickly and flexibly chemical hazard assessments relevant to the Great Britain market would remain limited. At the moment, the HSE has by law to consider EU risk assessment committee classification proposals, including those that are irrelevant to this country. Exporters of hazardous chemicals would continue to have to carry out pointless tasks such as obtaining a special reference identification number that customs authorities do not use. I also want to make clear that there would be no corresponding benefits at all to health or to the environment.
Taking them one by one, the BRP extends the expiry date for the up to 173 approved active substances to 31 July 2031, provided that renewal applications are submitted. That will prevent them from lapsing through no fault of the suppliers and will avoid very severe disruption. It also reforms emergency provision so that essential biocidal products such as aviation fuel preservatives and drinking water disinfectants can remain available until an authorisation decision is made, where the need for use is long term. Of course, at some point it may be that a decision will be made that these products should not be available, but we do not want that to happen between now and June, because then they would become non-available.
The regulation clarifies and extends data protection rules to ensure that businesses investing in scientific data can recover costs consistently across all relevant approval routes. On 9 March, the Government announced that the biocides regime would be in scope of a new UK-European Union sanitary and phytosanitary—SPS—agreement as part of the reset negotiations for the relationship between us and the European Union. We do not know the outcome of those negotiations, but the direction of travel, as the Government have made clear, is that the UK will follow a model of dynamic alignment with the European Union for biocide products.
The measures maintain important disease prevention and public health protections while enabling SPS agreement negotiations to conclude and any agreement to be implemented. The changes do not allow the introduction of new biocidal products that have not been evaluated and approved under the rigorous biocides regulatory framework, but rather maintain the availability of existing biocidal active substances and products that are already permitted under the current rules. The changes deliver certainty and continuity, not deregulation.
The regulation on classification, labelling and packaging introduces a streamlined procedure for seeking the consent of devolved Governments to update the mandatory classification and labelling list—the MCL list—by removing duplicative actions. It removes the obligation to automatically consider all initial EU hazard classification proposals—even those for products that nobody is interested in using in the UK—so that the HSE can prioritise what matters for this country and introduce a bespoke GB work plan, setting out the classification priorities for the HSE over a three-year period. The plan will be subject to annual review and agreed following consultation with the devolved Governments.
The regulation will also allow the Health and Safety Executive to respond to changes resulting from later European Union decisions; flexibility that the current regime does not allow. It creates a faster evaluation pathway for adopting EU classification proposals other than in exceptional circumstances. It relocates technical notes to the HSE website so that updates will no longer require legislation, making technical guidance more up-to-date and accessible, and revokes unnecessary notification requirements, eliminating the need for businesses to submit data that is no longer needed.
The changes simplify regulation and introduce greater flexibility to direct limited resources to hazard classification evaluations that are relevant in Britain. They maintain high standards of protection, and do not in any way change the legal requirement for the Health and Safety Executive to evaluate chemicals for mandatory classification on the basis of their being carcinogenic, mutagenic or toxic for reproduction. It will also be possible to legally require the assessment of other types of hazards, such as those in the new EU hazard classes, on a case-by-case basis, until the future legislation is introduced. That allows us to adopt EU measures if we need to and maintain coherent trade between Great Britain and Northern Ireland.
The regulation on the export and import of hazardous chemicals removes the redundant requirement for exports of small quantities of chemicals for use in research, analysis or emergency situations from Great Britain to have special reference identification numbers. It harmonises conditions for granting waivers where importing countries fail to respond to consent requests, removing a barrier to legitimate trade. It makes the Health and Safety Executive, as the designated national authority, responsible for reviewing and updating the GB list, reducing administrative delays and ensuring faster implementation of international obligations. It also aligns our updates more closely with the Rotterdam and Stockholm conventions, giving exporters greater clarity on prohibited substances. All those changes will streamline export procedures and maintain our strong commitment to our international obligations. They will not affect the import of chemicals to this country.
I want to comment on the situation regarding the UK internal market. Under the terms of the Windsor framework, EU chemicals regulations continue to apply in Northern Ireland. Northern Ireland’s place within the UK internal market is important. The more efficient regulatory process and the more timely decision making, which enable alignment with decisions made in the European Union, are expected to have minimal impact on trade between Great Britain and Northern Ireland within the UK internal market. There may be exceptional circumstances in which a different regulatory decision is made in Great Britain, but the potential impact on the supply of chemicals to Northern Ireland will continue to be a consideration in making such decisions.
Regulatory divergence has been a big concern following EU exit. In December 2024, the Northern Ireland Assembly applied to trigger the Stormont brake to ask the UK Government to prevent the application of new measures adopted into EU classification, labelling and packaging legislation. It was decided that the conditions for application of the brake were not met, but my right hon. Friend the Secretary of State for Northern Ireland has committed to addressing the impact of regulatory divergence and to consider how to apply a consistent classification, labelling and packaging regime across the United Kingdom.
The powers in the 2023 Act, to which I have referred a couple of times, have not permitted us to make changes to introduce a consistent regime for classification, labelling and packaging now, in this statutory instrument. However, the HSE has committed to further work, throughout this year and next, on how to make updates to deliver a consistent classification and labelling regime in Great Britain and Northern Ireland, within the UK internal market, using powers in the European Union (Withdrawal) Act 2018.
I am grateful for the Committee’s support for this statutory instrument. I will have a go at answering the questions raised. Is there a possibility that any of these 173 substances will be banned at some point? Did I understand that correctly?
I had two separate questions. The first was whether any of the 173 active substances have faced sustained calls to be banned already. I recognise that none are banned, but have any of them faced calls to be banned because of potential damage to biodiversity or human health?
I cannot say how many of the 173 have had such calls made in relation to them, but my guess is that some of them probably have because of the nature of the substances. As the hon. Lady says, they all have current approval. The statutory instrument just ensures that they carry on being approved beyond June. However, science is developing our understanding of the impacts of these substances on the environment and our health, and there may be a case to make about some of them. As I said, I do not have the information for the 173, but it would not surprise me if there were significant calls for some of them to be considered for removal. The point is that we do not want that to happen by accident because we did not have the powers to enable them to continue being used.
In terms of the exports that we are addressing in the third of these measures, the UK is a very responsible supplier, and those who supply from the UK are well regulated and behave conscientiously. As I set out earlier, the SI makes sure that if something is ordered to be exported from the UK, and there is no problem with it and there is no response when one has been requested from authorities, the export can continue. That is if there is no response. Clearly, if the response is, “No, this is not approved here”, or something similar, that product would not be supplied. We just want to ensure that what could be an impediment to legitimate trade is not imposed.
I am delighted that my hon. Friend the Member for Newport West and Islwyn (Ruth Jones) has had the opportunity to contribute to the debate, given her a long-standing interest in this area. I did not catch all six of the questions, so perhaps she and I should correspond separately about some of them. She asked why all six new EU classes are not covered here. The question is what will happen at UN level, because our commitment is to align properly with the UN globally harmonised system. There is a question about how the six EU classes will relate to the UN system, and I do not think that we quite know the answer yet. Perhaps I can send my hon. Friend a fuller response on that point.
I would very much welcome that opportunity to talk to the Minister outside this Committee. In terms of the UN alignment, that is fine, but what happens when the UN has countries that have lower and weaker chemical regulations than the EU and the UK? What happens with the alignment then? Do we align down or up?
No, we are only aligning with the very highest standards worldwide. The question is: what is the framework for that? We are adopting the UN framework, and we think that is the right one. There is still a question about what the EU will do in relation to the UN classification, but I would be very happy to discuss that further with my hon. Friend. It is not the case that, as she was concerned about, we might permit some things because it is a good idea on industrial production grounds, even if it is not a good idea in terms of human health, animal health or the environment. We are maintaining in these regulations—and indeed in future regulations in this area we are determined to maintain—the very highest standards of protection for human health and for the environment. There is no weakening there at all.
On my hon. Friend’s point about whether we should be aligning more closely, as I have indicated, it is our view that our chemicals regulatory arrangements should be aligned with EU arrangements in the future. This instrument is a step in that direction. There will no doubt need to be further debate and discussion once the current negotiations are concluded, but it is interesting to me that across the whole spectrum, from those whose primary focus is on maintaining human health and safety and the environment to those who are concerned about how much we can export from the UK and how much we can manufacture here and sell elsewhere, pretty much everybody agrees that we should be very closely aligned with the EU.
There are, as I said earlier, some areas where, given that we have quite constrained testing resources, we do not want to be required to test every product that is tested in Europe, if it is a product that is of no use or interest in the UK. There will therefore be instances in which our arrangements are not absolutely identical to the EU arrangements, but we want to align for very good commercial and also environmental and health reasons.
The regulations that the Committee is considering are a practical and necessary set of amendments. They prevent disruption to critical biocidal products that safeguard public health; they reduce unnecessary burdens on business while keeping protections in place; they enable the regulator to focus its resources on the hazards that matter to Great Britain; they strengthen the coherence, efficiency and future readiness of the chemicals regulatory system; they maintain the protection to human health, animal health and the environment; and they make the regulatory process more efficient by delivering a proportionate regulatory environment aligned with the country’s needs. I commend them to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Chemicals (Health and Safety) (Amendment, Consequential and Transitional Provision) Regulations 2026.