PARLIAMENTARY DEBATE
Product Regulation and Metrology Bill [Lords] - 4 June 2025 (Commons/Commons Chamber)
Debate Detail
Brought up, and read the First time.
New clause 2—Requirement to inform customers about changes to prepackaged products—
“(1) A supermarket must inform customers if—
(a) there has been an increase in price per unit of measurement in any prepackaged product sold by the supermarket; and
(b) this increase has resulted from a decrease in the quantity of the goods included within the package.
(2) The requirement to inform customers must include a statement attached to the product, or placed alongside the product.
(3) The statement must—
(a) include the amount the quantity has decreased by and the amount the price per unit of measure has increased by;
(b) be the same font size as the unit price of the product and must be visible and legible; and
(c) be in place from the date of the change in unit quantity and remain in place for the following 60 days.
(4) In this section—
‘prepackaged product’ is a product that has been wrapped or placed in a container before being made available for retail;
‘quantity of goods’ includes, but is not limited to—
(a) weight of goods;
(b) volume of goods;
(c) number of units;
‘supermarket’ is a store with a sales area greater than 400m² of which 50% or more of the products sold are food products.”
This new clause would place a requirement on supermarkets to inform customers when the quantity of goods within the product had decreased resulting in a price increase per unit of measurement.
New clause 3—Reviews of potential country of origin labelling for meat products—
“(1) The Secretary of State must undertake a review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin of beef products sourced from the United States on menus.
(2) The review must consider—
(a) the potential public health, environmental, and animal welfare concerns related to beef production standards in the United States compared to those in the United Kingdom;
(b) the practicality of creating regulations for the labelling of beef for food service businesses equivalent to the Beef and Veal Labelling (England) Regulations 2010;
(c) consumer demand for country of origin information in relation to beef products; and
(d) the practicality and cost implications for the hospitality sector.
(3) The Secretary of State must, in undertaking the review, consult with representatives of the food and hospitality sectors, the National Farmers Union, food safety bodies, animal welfare groups, and any other stakeholders deemed relevant.
(4) The Secretary of State must lay a report on the findings of the review before Parliament within 6 months of the passing of this Act.
(5) Within 6 months of laying the report under subsection (5) the Government must undertake a further review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin labelling for any meat product from any country with reference to the outcomes of the report under subsection (5).
(6) The Secretary of State must lay a report on the findings of the review under subsection (6) before Parliament within 6 months of the launch of that review.”
This new clause requires the Government to undertake reviews into the feasibility of requiring food businesses to disclose the country of origin of meat products on menus.
New clause 4—Labelling for UK-produced or manufactured products—
“(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.
(2) The label must be—
(a) displayed clearly on the front-facing packaging of applicable goods;
(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and
(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.
(3) A product qualifies for the label if—
(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and
(b) it meets any additional criteria as set out by regulations made by the Secretary of State.
(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.
(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.
(6) Regulations under this section must be made within 2 months of the passing of this Act.
(7) In this section—
‘product’ includes food, drink and manufactured goods available for retail sale;
‘produced or manufactured in the United Kingdom’ includes goods where the final significant production process occurred in the UK.”
This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.
New clause 5—Support and Guidance for Small and Medium-Sized Enterprises—
“(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act.
(2) The guidance must include—
(a) a summary of the key provisions of the Act relevant to SMEs;
(b) practical advice on compliance requirements;
(c) information on any available financial, technical, or advisory support; and
(d) contact details for further enquiries or assistance.
(3) The first version of the guidance must be published on the day this Act is passed.
(4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.”
This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available 60 days before implementation.
New clause 6—Review of access to testing and certification for small and medium-sized enterprises (SMEs)—
(1) The relevant Minister must undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.
(2) The review must include consideration of—
(a) the typical costs incurred by SMEs in meeting relevant testing and certification requirements;
(b) the availability and capacity of accredited testing providers serving SMEs;
(c) any barriers to market access arising from testing and certification obligations; and
(d) potential non-financial measures to support SMEs in meeting compliance requirements.
(3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.”
This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.
New clause 7—Liability and redress for unsafe or defective products—
“The Secretary of State may by regulations make provision for—
(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);
(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;
(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”
This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.
New clause 8—Alignment with EU law—
“(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.
(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.
(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.
(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”
This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.
New clause 9—Inclusion of lithium-ion batteries as a priority product category—
“(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements.
(2) Regulations made under subsection (1) must include—
(a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market;
(b) requirements for clear labelling, including information on capacity, cycle life, and safe handling;
(c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling;
(d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries.
(3) In this section, a ‘lithium-ion battery’ means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.[KM1]
(4) Before making regulations under this section, the Secretary of State must consult the following stakeholders—
(a) representatives of the battery industry,
(b) environmental groups,
(c) consumer safety organisations,
(d) fire services, and
(e) any other person whom the Secretary of State considers to be relevant.”
This new clause would ensure that Lithium-ion batteries are included in the Bill.
New clause 10—Duties of online marketplaces—
“(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties—
(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;
(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;
(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;
(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way.
(2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).”
This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.
New clause 11—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.
New clause 12—Local weights and measures authorities: review—
“(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws.
(2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.”
This new clause provides for the Secretary of State to carry out a review of how the funding and capabilities of Trading Standards authorities affects their enforcement activities, to consult appropriate bodies and stakeholders and to lay the review before Parliament.
New clause 13—International agreements—
“(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under—
(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,
(b) the Japan Economic Comprehensive Partnership Agreement,
(c) the UK-Canada Continuity Trade Agreement,
(d) The UK-Australia Free Trade Agreement,
(e) the UK-New Zealand Free Trade Agreement, or
(f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.”
This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements.
New clause 14—Review Panel—
“(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force.
(2) The Panel must—
(a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing—
(i) their effect on economic growth;
(ii) their effect on trade in the product concerned on a global basis;
(iii) their effect on the relevant industry or industries within the United Kingdom;
(b) prepare a report of the review, and
(c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation.
(3) The Panel must consist of—
(a) at least one person with expertise in economics;
(b) at least one person with expertise in trade policy;
(c) at least one person with expertise in domestic regulation of business.”
This new clause would ensure a review and report to Parliament of any regulations aligning UK regulations with those of other countries or territories.
New clause 15—Consultation on committee to examine changes to product regulations—
“(1) The Secretary of State must, within three months of the passing of this Act, commission a consultation on the creation of a committee on changes to product regulations.
(2) A consultation under subsection (1) must consider the suitability of current scrutiny mechanisms for assessing regulations created through the powers created or amended by the Product Regulation and Metrology Act 2025.
(3) A consultation under subsection (1) must consult—
(a) the Chair of the House of Commons Business and Trade Committee,
(b) the Chair of the House of Commons Foreign Affairs Select Committee,
(c) the Chair of the House of Commons Liaison Committee,
(d) the Chair of the House of Commons Public Administration and Constitutional Affairs Committee, and
(e) the House of Commons Commission.
(4) The Secretary of State must, as soon as practicable after receiving a report of a consultation under subsection (1), lay before both Houses of Parliament—
(a) a copy of the report of the consultation, and
(b) a statement setting out the Secretary of State’s response to that consultation.”
The new clause would require the Secretary of State to consult on the establishment of a House of Commons committee that would examine all changes to product regulations which are made by the powers granted by this legislation.
New clause 16—Regulations: requirement for certification—
“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must certify that their effect is not to undermine the resolve of our constitutional arrangements to honour the choice of the people of the United Kingdom to leave the European Union by means of subjecting the United Kingdom to the same law as the European Union so it could subsequently be argued that the United Kingdom should rejoin so it has a voice in making the legislation rather than adopting legislation that has already been made by the European Parliament and Council of Ministers.”
New clause 17—Brexit good faith statement—
“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must provide a statement (a “Brexit good faith statement”) setting out how in the development of the regulations it has sought to honour the decision of the people of the United Kingdom to leave the European Union by developing, through the regulations, a legislative framework that intentionally seeks to exploit the opportunities afforded by Brexit to develop competitive and other advantages for the United Kingdom compared with the European Union in the global marketplace.”
Amendment 9, in clause 1, page 1, line 3, leave out subsection (1).
This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.
Amendment 10, page 1, line 9, leave out subsection (2).
This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.
Amendment 11, page 1, line 9, leave out “also”.
This amendment is consequential on Amendment 9.
Amendment 32, page 1, line 10, leave out “the United Kingdom” and insert “Great Britain”.
Amendment 25, page 1, line 11, leave out “EU” and insert “foreign”.
Amendment 12, page 1, line 13, leave out “(1) or”.
This amendment is consequential on Amendment 9.
Amendment 7, 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 prevents the Secretary of State from making regulations unless satisfied that the regulations will not reduce consumer protection and regulatory standards in relation to products.
Amendment 8, 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.
Amendment 26, page 2, leave out lines 12 to 18 and insert—
“‘relevant foreign law’ means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”
Amendment 5, 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.
Amendment 3, 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.
Amendment 16, page 3, line 39, leave out subsections (7) and (8).
This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met.
Amendment 27, page 3, line 41, leave out “EU” and insert “foreign”.
Amendment 14, page 4, line 2, at end insert—
“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”
This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date.
Amendment 15, page 4, line 2, at end insert—
“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”
Amendment 28, page 4, line 5, at end insert—
“(8A) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of ‘relevant foreign law’ in section 1(7).”
This amendment, and Amendments 25, 26 and 27, open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, and require the justification of decisions to limit any such reference to the laws of one territory only.
Amendment 29, page 4, line 5, at end insert—
“(8B) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom.
(8C) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.”
This amendment would prevent the interpretation or enforcement of any regulations referring to foreign law, notably that of the EU, from being undertaken by any authorities other than those based in the UK (for example the European Commission or the CJEU).
Amendment 13, page 4, line 6, at end insert—
“(10) The provision described in subsection (7) may only be made if—
(a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and
(b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”
This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law.
Amendment 17, page 4, line 6, at end insert—
“(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom.
(11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.”
This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU).
Amendment 21, in clause 3, page 4, line 8, leave out subsections (1) and (2).
Amendment 22, page 4, line 11, leave out subsection (3).
Amendment 23, page 4, line 17, leave out subsection (4).
Amendment 24, page 5, line 16, leave out subsections (9) to (11).
Amendment 6, in clause 12, page 11, line 37, 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 5.
Amendment 4, page 12, line 21, at end insert—
“(e) provision described in section [Product recall].”
Amendment 1, in clause 13, page 13, line 4, leave out from “Act” to “may” in line 5.
This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament.
Amendment 2, page 13, line 8, leave out subsections (4) and (5)
This amendment is consequential on Amendment 1.
Amendment 30, page 13, line 8, at end insert—
“(za) provision described in section 2(7);”
This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include referenced to relevant foreign law.
Amendment 31, page 13, line 19, at end insert—
“(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force.”
Amendment 18, page 13, line 24, 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.”
This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.
Amendment 33, page 13, line 24, at end insert—
“(6A) Where the regulations are for the purpose of applying to Great Britain regulations already applied to Northern Ireland by the European Union, Northern Ireland must also be involved in the said consultation on an equal basis with the rest of the United Kingdom.”
New clause 1 is a short amendment that simply asks the Government to explore and consider how we can better protect ceramics from counterfeit production, ensuring that when we buy something that purports to have been made in the UK, that is in fact the case. Most ceramics have something called a backstamp. If we turn over any piece of tableware or giftware in the UK, we normally see a stamp showing the company that made it and the country of origin. Most notably, for most pieces it states either “Made in England” or, even better, “Made in Stoke-on-Trent”.
We are, however, seeing a proliferation of companies that seek to pass off material not made in the UK. Its firing will have taken place overseas and it will then be imported into the UK, with the decorating and final glost firing or hand-decorating stage happening in the UK, and with simply the word “England” put on to it. That way, the consumer thinks that the thing they are buying is a UK-made product, when in fact it is not.
There are many great companies in Stoke-on-Trent, which I know hon. Friends will reference in their speeches. I will speak briefly of Duchess, Churchill, Steelite, Emma Bridgewater and the companies that proudly put “Made in England” on the back of their products, because everything they do is made in England. The clay is first moulded, first fired, glazed, decorated, second fired and sold in the UK. It is a genuinely British product, and there is value in that product. We know from the export markets to South Korea and America, in particular, that those customers want to buy products that are made in the UK.
There are some companies that quite honestly import from overseas and they are very clear about that. Plates made by some companies in my constituency, such as Portmeirion, quite clearly state that they have been made in China, but they sit alongside products made in the UK. The company is very up front about that; it does not seem to hide it or to try to confuse the consumer. It is clear about the fact that it imports some of its ware from overseas.
Some companies, however, simply seek to put the word “England” on the back of their products. That will be because the company is probably English registered, or it is one of the UK’s historical brands that have a long affinity with Stoke-on-Trent, even if the manufacturing processes no longer takes place there. A consumer will turn that product over and see the name of one of our historical companies and a date, normally from the 1700s or 1800s, and they will see the word “England” underneath it. It is completely and utterly understandable for them to look at that and think, “This is a product made in England”, but often it is not.
New clause 1 asks the Government to come forward with an investigation to consider whether there is merit in protecting things that are made in the UK by having that country of origin stamp, specifically for ceramics. I know that the Liberal Democrats have tabled a similar amendment today that would do this for a whole host of products. I am glad that we are using similar language on this, because whether it is food or any other products unrelated to ceramics, if they have been made in the UK they should clearly say so. My new clause specifically looks at ceramics, and I will not deviate into the speech that I am sure will come from the Liberal Democrat Benches.
Another aspect that the Minister graciously made time to discuss yesterday is the companies, particularly Chinese companies, that now seek to copy the backstamp. We have some great examples from a company called Dunoon in Staffordshire that makes excellent ware. If a consumer buys an item from the company’s shops, it will have “Made in the UK” written on the bottom, and little stickers on it that say “Made in the UK”. I have in my office some Chinese copies that have copied the “Made in the UK” sticker and the “Made in the UK” backstamp. These are sold through drop-shipping companies online, so tracing where they actually come from is very difficult.
Any consumer who collects that sort of material would be forgiven for thinking that they were buying something online that had been made in the UK. It will have a “Made in the UK” backstamp and sticker, and all the design elements match almost perfectly the ones that are made in the UK, but the consumer will have no idea where it was made. They will also have no idea whether there are elements of mercury and cadmium in the glaze that has been used, whether the pigments used to decorate it meet the standards we have in the UK, or whether it meets the food contact regulations that are required in the UK for items used for drinking or eating off. The consumer will have no idea about the quality of the clay, or what has been added to the clay before firing. Sometimes, in products that are imported into the UK from less good manufacturers, the clay will have been mixed with material that can have a harmful effect on the consumer.
New clause 1 simply asks the Government to consider the merits of a country of origin marking scheme for ceramics. It does not commit the Government to bringing forward such a scheme. I have a ten-minute rule Bill, which is currently waiting for a free Friday, when it can get an airing and we can discuss that in more detail. This is about trying to establish the principle that there are things that are made in the UK that we value, and that if we know they have value because they are made in the UK, we should do all we can to try and protect that.
Rob Flello, who once served in this place and is now the chief executive of Ceramics UK, told me when I first met him that in Stoke-on-Trent people think we have slip in our veins—slip being the wet clay used for mould casting. That is because the ceramics industry in the city is intrinsic to who we are. It is an incredibly important part of our heritage, but it is also a really important part of our future. We can make industrial ceramics, including those strategic ceramics that go into nuclear submarines and into joints for hips and elbows, as well as some of the technical ceramics that are needed in steel and glass making in the UK. Steel and glass cannot be made in the UK without ceramics; a refractory-grade ceramic is needed, because it can withstand heat that would ordinarily melt glass or metal. I know the Minister is well versed on this, because I have bent his ear on the subject on more occasions that he may have cared for.
The ceramics sector is having a tough time, but there is hope on the horizon; I am sure that the industrial strategy will give some relief on energy costs. We are keen to encourage people to buy British-manufactured goods with pride, in order to support jobs in the localities where the industry is dominant. New clause 1 simply asks the Government to consider the merits of country of origin marking.
In my constituency, there is pride in every piece made. In fact, in some factories, people who make and decorate a piece put their initials on the bottom along with the company stamp. Quite often, they can identify their own work in shops because their way of painting and applying transfers is unique to them; it becomes a fingerprint. New clause 1 encourages people to buy British, as my hon. Friends the Members for Stoke-on-Trent North (David Williams), for Stoke-on-Trent South (Dr Gardner), and for Newcastle-under-Lyme (Adam Jogee) have been doing—[Interruption.]—and the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley), of course. When people go out and buy that piece of tableware or giftware, and are trying to do their bit to support our industry, if they turn it over and see “Made in England” or “Made in Stoke-on-Trent”, they should have absolutely confidence that what they are buying is made in those places.
However, aspects of the Bill are democratically dangerous, because it gifts to Government unbridled capacity to make regulations, with virtually no oversight from this elected House, on matters which touch on not just the sanctity of our product production, but the sovereignty of this nation. This Bill, with little attempt at subtlety, enables a Government, if so minded—this one, I fear, might be—to sabotage Brexit in many ways. I stand to be corrected, but I do not think a single member of this Government voted for Brexit, which was the settled and declared will of the people greatest number of people who ever participated in a democratic vote in this nation. Yet in the Bill, we have the capacity, particularly through clause 2(7), to dynamically align all our regulations with those of the EU, without having recourse to this House, at the whim of the Executive. Whatever the subject matter, that surely is a most unhealthy situation.
“a product requirement is to be treated as met”
if it meets the relevant EU regulation. That is indisputably a bold platform for dynamically realigning this United Kingdom, in all its regulations, with the EU, so that we become rule takers. That is what I fundamentally object to in the Bill.
This House’s lack of scrutiny powers on these matters is made worse by the fact that we no longer have the European Scrutiny Committee. If we had that Committee, we would at least have that opportunity for scrutiny. That is why I welcome new clause 15, which would require the authorities of this House to explore and hopefully ultimately establish a Committee to scrutinise the regulations being made. Surely the minimum expectation of anyone democratically elected to this House is that we should have the capacity for oversight, challenge and scrutiny of laws being made in the name of those we represent, although made exclusively by the Executive, without the consent or processes of this House. That seems so fundamental to me that it would be a very sad commentary indeed on the intent behind the Bill if new clause 15 was not acceptable to the Government. If it is not, they are saying that they want unbridled, unchallenged, unchallengeable power to make whatever regulations they like, despite and in the face of this House.
Amendment 16 is key, because it will pull the teeth of clause 2(7) and protect us from the intended course of action. I strongly support amendment 16, because it would rein in powers that need to be reined in, and would remove the threat—indeed, the allegation—that the Bill is about realignment with the EU. A couple of weeks ago, we had the so-called reset with the EU, but the reset is as nothing compared with this Bill. This Bill is the legislative vehicle whereby Brexit can be sabotaged. That is why it is important to address the core issue in clause 2(7).
If the Bill were not about securing dynamic alignment with the EU, there would be Government support for amendment 25, which would make a reference to “foreign” law and not “EU” law. That amendment would put to bed the concerns of those of us who believe that the Bill is a subterfuge to secure realignment with the EU. However, I fear that the Government will not support that amendment.
The legislation is a Trojan Bill. It has a very clear direction of travel, which is to be secured by ignoring the question of what powers of scrutiny this House should have, and by affording to the Executive alone the right to realign dynamically with the EU at a pace and time, and on the content, that they alone approve of. The Bill needs these radical amendments, including the surgery that amendment 16 would do. At the very least, it requires the semblance of oversight that new clause 15 would provide.
In Committee, we heard extensively from Members of the Opposition. They described in great depth their concerns about the Bill’s implications for international alignment of regulations; we have just heard some of those concerns from the hon. and learned Member for North Antrim (Jim Allister). Today, those concerns have once again been presented to the House through various amendments to the Bill. I will explain, with reference to state-of-the-art metrology, why those issues should not be a significant cause for concern for right hon. and hon. Members.
One of the first things one learns about as a budding metrologist is the concept of perfection. In his book “Exactly”, Simon Winchester writes of what he refers to as “the perfectionists”, detailing the evolution of the science of metrology through time and how precision engineering has been used to create the modern world that we inhabit. It is a great read, covering the history of my science in the popular mindset. However, I do not necessarily agree with Winchester in his core thesis; he talks about metrology as the science of perfection, whereas it is more accurate to think of it as the science of the good enough. I will elaborate on that shortly.
In the early days of a metrologist’s training, we learn that with more money and more time, a precision engineer can almost always achieve a more precise and accurate result, whether a straighter line, a smoother surface or a better piece of legislation, but that striving for true perfection—the absence of any fault—is always folly. Our resources are never infinite, and in the real world it is always more appropriate to strive for the good enough as opposed to the perfect. Good enough is the core of modern engineering and the fulcrum on which our world balances.
I am, as many colleagues will know, by trade a metrologist, but within the broader field, I am a surface metrologist. Surface metrology revolves around the measurement and characterisation of surfaces—surface texture and surface topography. I am the one who decides whether the leather steering wheel feels right. I am the one who ensures that car engines distribute and hold oil in all the right places to keep them running smoothly. I am the one who ensures that tyres keep us firmly planted on the road as we round corners.
Becoming a surface metrologist involves gaining an intimate acquaintance with the very concept of perfection. Always in engineering I hear people asking for a product to be made perfectly—for the angle of the corner of the table to be exactly 90° or for the surface of the microscope to be infinitely smooth. Let me put it on record that there is no such thing as perfection in reality.
On Second Reading, I made reference to the optical mirrors used in the James Webb space telescope. They are incredibly smooth, yes, but to examine them at the atomic scale, one would find deviations from the nominal plane that mirror those in the Grand Canyon. Being an engineer involves accepting these deviations within the context of the work we undertake towards our goal of constant improvement—be that in the creation of, say, aerospace engines or, indeed, national legislation.
My expertise within surface metrology was in the development of X-ray computed tomography for measuring surfaces. Alongside my good friend Dr Andy Townsend at the University of Huddersfield, who made similar discoveries at the same point in history—a phenomenon that is common across science—I was among the first to be able to use X-rays to measure the interior surface of parts that were otherwise hidden to both the eye and the machine. X-ray computed tomography had never previously been good enough to measure surfaces, with the imaging resolutions achievable lagging significantly behind those required to separate measurements from noise. Previously, such measurements were not really needed, as to manufacture a surface, one generally had to access that surface with a machine tool, so one could similarly access it with a measurement tool.
However, with the birth of industrial additive manufacturing—often called 3D printing—we could suddenly make things with hidden internal geometries that did not need tool access and could not be measured. Without measurement, though, we cannot verify that the parts we make will function as we require them to. As such, new technology was required to allow us to create additively manufactured parts, be they novel, much lighter aeroplane parts or new joint replacements finely customised to suit the individual. Alongside our colleagues, Andy and I solved this problem by demonstrating that X-ray computed tomography had become good enough to measure those surfaces.
This Bill mirrors that “good enough” paradigm. Current legislation places us at risk of falling out of alignment with the rest of the world, which in turn risks our ability as the British to maintain our position at the forefront of international science. In its current, unamended form, the Bill grants the Secretary of State the necessary authority to keep pace with the guidance of relevant experts. The amendments proposed by the Opposition would only hinder our ability to stay aligned with the continuous advancement of progress.
These Opposition amendments appear to stem from a fundamental misunderstanding—or perhaps a complete lack of understanding—of what metrology and standards frameworks entail and why they are vital. I urge all Members to vote against them and support this Bill through its Third Reading.
Duchess, founded in 1888, produces the tableware used in the House of Commons. It is proud of the fact that its products are made in the UK, from clay to table. People buying products produced by Duchess, for example, will see that they say on the bottom, “Fine bone china made in Staffordshire”. The phrasing is deliberate; it clearly informs the purchaser not only of the product’s country of origin, but the precise part of the country that it comes from. Most of our ceramic products contain these backstamps to mark authenticity, and many include a reference to Stoke and Staffordshire. As I have before, I invite all colleagues to join the “turnover club” and check the backstamp on the chinaware here. They will probably find it was made in Stoke.
We do not always have the level of detail needed in this country, and we need to address that nuance so that consumers know exactly what they are buying. That is important, because the pottery industry is at great risk from cheap imports, which are undermining our British-made products and creating unfair competition for our better-quality products made in our own country. This china-dumping of products often falsely pretending to be made by our Staffordshire firms—Dunoon being one example—must be stopped. We must back our British industry and our British workers and do what we can to resist such unfair competition.
A few months ago, I was proud to meet GMB representatives for the British pottery industries here in Parliament, along with my hon. Friends the Members for Stoke-on-Trent North (David Williams) and for Stoke-on-Trent Central (Gareth Snell). That included the formidable Sharon Yates, who is one of my constituents. They have real pride, real passion and real skill in what they do.
Stoke-on-Trent, the Potteries and Staffordshire are globally renowned for our chinaware and tableware. We stand tall among the likes of Limoges in France and Delft in the Netherlands, and we must ensure that we protect that status. We are celebrating Stoke-on-Trent’s 100th anniversary this year and working towards UNESCO creative city status. I hence urge Ministers and the Government to demonstrate their pride and support for this globally renowned industry by supporting new clause 1.
I am here because I have tabled new clause 15, which has cross-party support. It is designed to be a probing amendment—I hope the Minister is reassured about that—because these are important parliamentary matters. I agree with Opposition Members that this Bill is an important piece of legislation, although I come at it from a different perspective, because I see it as being at the sharp end of Brexit.
To me, Brexit is paperwork, because there are multiple regulatory regimes. Our constituents, and particularly small businesses, must deal with the reams and reams of paperwork that have come from leaving the European Union in the way we did, and we know that has had an impact on them. We know that over 16,000 small businesses have given up exporting to the European Union because of all the extra paperwork, that one in eight small exporters had temporarily or permanently stopped selling to the EU, and that another 10% were considering doing so, because it had become more complicated.
This Bill matters very much for our constituents, for small businesses and for the jobs that it creates, but getting this right also matters to the Government, because businesses need certainty and stability in their regulatory regimes and the Government need to be functional in their review of them.
Given that we do five times more trade with our European Union neighbours than with America, China and India put together, it obviously makes sense to have a regulatory regime that makes that trade as friction-free as possible, which is where this piece of legislation comes in. Indeed, under the previous Government, there were only five cases of active divergence—the sort of changes that the right hon. Member for Basildon and Billericay (Mr Holden) is worried about—that might affect small businesses. That is with good reason, because if we have a sensible regulatory regime, it makes sense to be aligned. The Prime Minister has talked about that, and it is also what businesses want. The Engineering and Machinery Alliance, which represents over 1,600 firms from 11 different trade associations, puts it very simply. It says that our businesses
“are trading in European markets and are part of European value chains. They have European customers and suppliers. For companies operating in highly specialised, high value markets, the UK is unlikely to provide the mass needed to develop and successfully market their products. They need to be international and that means working to international standards—the EU’s being, almost always, the most appropriate.”
First, though, we need to be clear that this legislation will affect the lives of our constituents. Let me give one example. I am a child of the 1980s; I remember the Glo Worm. Thank you, Madam Deputy Speaker, for looking surprised—I hope it is a look of surprise, but perhaps you are remembering the Glo Worm yourself. The point is that the Glo Worm turned out to be quite a dangerous toy because of the chemicals it contained. Regulations help to keep us safe, so when we are talking about sharing regulatory regimes and being able to promote markets, there is a good reason why we are seeking high standards. I hope that everyone will hold the Glo Worm as an example—it has now been reissued without those chemicals in it, thank goodness, so that children of the 2020s can enjoy those squidgy toys.
What matters is how we make decisions about such regulations, and the debate on this Bill heralds a bigger conversation that we need to have in Parliament about how we can be involved in those decisions now that we are not part of the European Union. Obviously, agrifood and sanitary and phytosanitary goods are not included in the Bill, but the Government have now committed to dynamic alignment with EU rules for a very common-sense reason. As the Prime Minister has said,
“we are currently aligned in our standards, but we do not get the benefit of that. We want to continue to have high standards; that is what the British public want”.—[Official Report, 20 May 2025; Vol. 767, c. 894.]
I hope that is the ethos we take in how we use the powers in this Bill. It is certainly what businesses would like us to do.
The right hon. Member is right, though, to raise the question of how we maintain standards, which is where new clause 15 comes in. It is about the concept of how we take back control—which, frankly, was at the heart of all the Brexit debates. I am sure the hon. and learned Member for North Antrim (Jim Allister) is surprised that I have become the stopped clock for him: this is one point in his political career that I may be right.
There is a challenge here that we need to address, and those of us who came to the Brexit debate from different directions can all agree that it is good and healthy to have such a discussion. I also want to say, as a parliamentarian, that the Government should be directed to do something that has consequences for Parliament as well. That is where new clause 15 is coming from. It is a probing amendment to raise a more general concern about how we make good legislation.
At the beginning of this Parliament, the Government decided not to re-establish the European Scrutiny Committee, which had existed since 1973, to scrutinise European documents that affected UK policy or law. In the debate, the Leader of the House said that
“the principal job of the Committee—to examine the documents produced by the EU institutions that the Government would automatically take on board—is no longer required.”—[Official Report, 30 July 2024; Vol. 752, c. 1272.]
The challenge for many of us is that this Bill, and indeed the deal we now have with the European Union, means that that test is being set again. There is now a need for some form of dedicated scrutiny mechanism, with specialist expert staff to consider relevant EU laws and rules. That is not confined to the issues arising from this Bill; it is a broader point about what is happening now.
The ESC worked primarily by examining proposals from the European Commission and giving an opinion on their implications and when they would affect
“matters of principle, policy or law in the UK”.
I recognise that since that Committee was abolished, some work on these issues has been done by other Committees, and that is welcome. However, with this Bill and the reset deal, we are moving to a volume of European law and regulation with such technical complexity that we in this place would be best served by having that specialist expertise. Let’s be honest: many of these things are beyond our individual pay grades and we will want some expert assistance.
Put simply, if PRaM is passed in its current form, where the Government choose to recognise EU product regulations there will again be documents produced by EU institutions that the Government would automatically take on board. The Government’s dashboard of assimilated EU law shows that there are 155 items in the area of product safety and standards that derive from European law and could, under PRaM, be influenced by proposals of the European Commission to update EU law. Clearly, 155 documents alone would likely mean we exceed the ability of any one individual departmental Select Committee to devote sufficient time to the required level of scrutiny given their other priorities.
Many of us had run-ins with the previous Member for Stone. For some reason he never quite welcomed my interest in his work, but my interest and concern in scrutiny in this place is genuine and heartfelt, because I do think that at our best we can help Ministers, although I know that some on the Front Bench—maybe on both sides of the Chamber—will be raising an eyebrow at that suggestion. Aside from the democratic merits of parliamentary scrutiny in its own right and the cry to take back control, there are a number of benefits to the Government of ensuring that regulations derived from EU laws are scrutinised closely, not least because if those regulations deriving from EU law were later the subject of judicial review, the quality of parliamentary scrutiny of the relevant secondary legislation would be factored into a court’s thinking on the adequacy of the Government’s decision making. We might also pick up things in the process that have been missed.
It is indeed the question of perfection, as my hon. Friend the Member for Erewash (Adam Thompson) said, to argue that any Government or any individual scrutiny process through a statutory instrument could ever be perfect. I do not believe we should set that standard. As a psychologist, I believe in competing opinions and views; there is always merit in having a second pair of eyes. That is what this process is getting at—that is how we get closer to perfection, if I have understood my lessons in metrology correctly.
The point also fits within the broader debate about how, as we reset our relationship with Europe, we make sure that we show the British public our homework. That is ultimately what good scrutiny does: it defeats the naysayers who claim that there is a backroom fix; it allows the disinfectant of sunlight to be poured on every single document to its dullest degree.
As the Prime Minister told the House in presenting the European deal, we will be taking co-operation with Europe “further, step by step”, and alignment will be an important part of that. I welcome that because it is in the interests of the British public. We are already committed to dynamic alignment on the SPS deal, to free us from those dire border checks and all the extra paperwork that means that there are trucks stuck at Sevington, food inflation has increased and our constituents have paid the price.
We are also looking at dynamic alignment on emissions trading to allow us to remove energy tariffs in key industries including steel. That means that when those deals are completed, there will be much larger volumes of EU rules that directly affect UK law and policy. That will probably be a good thing but it is right for this place to be able to debate, discuss and scrutinise how that works.
I hope the Minister will recognise that every single political party in this House has supported new clause 15 because they want not to batter the Government but to engage with the Government on these issues, and that he will talk about how we can see the appropriate level of parliamentary scrutiny in this piece of legislation. I recognise that not many pieces of legislation will be affected by the PRaM proposals directly, but there is that broader point about how we take back control—how we have that conversation about the way in which we, at our best, can assist the Government to get the best out of regulations so that our businesses can keep trading, our consumers can keep buying and our Glo Worms can keep glowing.
There are five MPs from north Staffordshire and we are all here, proud members of the Turnover Club and champions of our ceramics industry. We have all contributed to the debate both through making speeches and in interventions, and I am grateful to you, Madam Deputy Speaker, for your guidance on the 33 amendments and for reminding us to speak to them.
I will speak briefly in support of new clause 1, which stands in the name of my hon. Friend and constituency neighbour the Member for Stoke-on-Trent Central (Gareth Snell), and in the names of our hon. Friends the Members for Stafford (Leigh Ingham), for Stoke-on-Trent North (David Williams), for Burton and Uttoxeter (Jacob Collier), for Stoke-on-Trent South (Dr Gardner) and for Amber Valley (Linsey Farnsworth). We heard a very good speech from my hon. Friend the Member for Stoke-on-Trent Central. I am grateful to him for taking my intervention in which I focused on pride. That is what I will talk about very briefly now.
The home of the ceramic industry in Staffordshire is something that local people in Newcastle-under-Lyme and across the county are very proud of: men and women who have shown their skill, prowess, knowledge and talents since the 17th century. On occasion, Madam Deputy Speaker, we hear the odd speech in this Chamber that reminds us of the 17th century. Recently, I was very lucky to have the opportunity to visit Silverdale Bathrooms, which specialises in the highest quality handmade ceramics and is based in my constituency. The skill to produce the work has been passed down through many generations. The quality of British ceramics is the best in the world and we should not be afraid to claim it, show it off and celebrate it all year round. That is why new clause 1 is so important, notwithstanding my hon. Friend the Member for Stoke-on-Trent Central confirming that it was more of a probing amendment, intended to get some time with the Minister. That is excellent advice for a new Back Bencher like me, Madam Deputy Speaker, so I shall leave the Chamber to start drafting some of my own probing amendments to the various Bills before Parliament.
New clause 1 is an amendment that I hope few colleagues will disagree with. I proudly wear the flag of our United Kingdom on my lapel. From what I have gathered, I think I was made in the United Kingdom—that detailed conversation has obviously never taken place—and I want the same for the ceramics industry: designed, produced and rooted in Newcastle-under-Lyme and Staffordshire. [Interruption.] Too right, I stopped right there. I, too, pay tribute to my hon. Friend the Member for Stoke-on-Trent North for the work he has done to support the workers at Moorcroft.
New clause 1 speaks to our ceramics industry. We need this Labour Government to step up and deliver real support for our ceramics industry. From crippling energy and gas costs to ensuring the ceramics industry is at the heart of our approach to trade, we have much to do. Stepping up with actions not words will be good for the jobs and livelihoods of the people of Newcastle-under-Lyme and across the county of Staffordshire, good for UK plc and good for our ceramics industry. New clause 1 is a step in the right direction and it has my support.
I pay tribute to my hon. Friend the Member for Erewash (Adam Thompson). Following his contribution on Second Reading, I did take away his slides on metrology and found them particularly interesting. As a former maths teacher, I am sure he will recognise that without maths there would be no metrology.
I wish to speak to a number of amendments, as is our role in this House. I will briefly touch on new clause 1, because I want to pay tribute to my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell)—every time the ceramics industry is mentioned by anyone in the House, I know there is an intervention coming. In all sincerity, his passion in standing up for the ceramics industry in Stoke should be respected by Members across the House. Businesses claiming that they make their products in England or in Stoke when they do not are not only dishonest; they also damage the industries that do make their products there.
We all want to support our local industry wherever possible. Sadly, I do not go around buying a lot of fibre optic cables—although if I did, I would do so proudly, as the fibre optic cable was invented by George Hockham and Charles Kao in my constituency of Harlow.
The Bill is an important piece of legislation that will update the UK’s product safety regulation and metrology framework. Some were sceptical on Second Reading, but clause 5(5) points out that it will not stop me having a pint—or, for my hon. Friend the Member for Erewash (Adam Thompson), 0.56826125 cubic decimetres of beer—at The Willow, The White Admiral, or any of the other moth-related pubs in Harlow.
Regulation is only effective with enforcement, so I welcome the inclusion of the clause on enforcement. I would also welcome a little more detail from the Minister in his summing up, if possible, on the regulation and how we will ensure it is effective. I would also be grateful if the Minister could touch on cost recovery, which is obviously important for the relevant authorities to impose these regulations.
I will briefly touch on new clause 15, for which my hon. Friend the Member for Walthamstow (Ms Creasy) advocated so well. She was correct to say that stability is hugely important for UK businesses, and she was also right to say that we do five times as much trade with the EU as with any of our other trading partners. As I said in a recent Opposition day debate, businesses in Harlow would absolutely welcome a breaking down of those barriers to trade with the EU. I also welcome my hon. Friend’s comments on the importance of scrutiny by this House. I joked with Mr Speaker yesterday that I do come to this Chamber quite often to talk about things in my constituency—believe it or not—but one of the most important roles of elected officials, whether on the Government or Opposition Benches, is scrutiny. The hon. Member for Epping Forest (Dr Hudson) knows how much I scrutinise legislation.
I disagree slightly with the hon. Gentleman on the reasons for the economic challenges. When I have spoken to businesses in Harlow, it is clear that we need to break down the barriers to trade with the EU that have been created. However, as I also said in a recent debate, I do not intend to rehash the same old arguments we have had over Brexit. It is about how we work with where we are at the moment, and I think the trade deal that the Prime Minister and the Business Secretary have secured on that is really positive. This is part of that alignment, and I think it is very positive.
Just to finish, I will welcome the response from the Minister on some of the points that have been raised today. I have absolute confidence in the Secretary of State to ensure that he gets the best for British businesses—businesses in Epping Forest and in Harlow.
What I would like to say to the Chamber this afternoon and to my constituents in the neighbouring constituency of Richmond Park is that if they have been inspired by the hon. Member for Erewash and have had a fire ignited in them for the science of metrology, the National Physical Laboratory is having its open day this Friday, 6 June, and everyone should go along.
The Liberal Democrats welcome many of the measures proposed in the Bill. The legislation seeks to balance consumer safety, economic growth, and regulatory flexibility, ensuring that UK laws can keep pace with technological advancements. We support enhanced consumer protection for those products that pose a safety risk to consumers, as well as the importance of corporate responsibility for businesses operating in online marketplaces.
The Liberal Democrats support the need to update the regulatory framework and we are glad that the Bill takes steps to address this. However, steps must be taken to level the playing field between online and high street businesses, and to protect consumers. As such we have tabled new clauses 7, 10 and 11 and amendment 3, which work toward that aim.
Equally, the Liberal Democrats remain concerned by the Bill’s reliance on secondary legislation and the overuse of Henry VIII powers, giving Ministers excessive discretion to repeal or amend primary legislation through regulations. All product and metrology regulations should be subject to the affirmative procedure and we seek to ensure that the Bill is ambitious in providing proper parliamentary scrutiny. There should also be greater engagement and consultation requirements, meaning that key stakeholders may not be adequately considered in regulatory changes. This lack of consultation feeds more broadly into our apprehensions about the burdens that some measures will place on small businesses, and as such we have tabled new clauses 5 and 6, which acknowledge this and would provide support to small and local businesses.
I wish to speak in favour of new clause 2, which would place a requirement on large supermarkets to inform customers when the quantity of goods within the product have decreased, resulting in a price increase per unit of measurement. Research by Compare the Market found that products such as digestive biscuits have become 28% smaller, yet the price has risen by 65% compared with a decade ago.
Similar situations have been seen with popular household items such as Coco Pops, butter and crisps. We were glad to see that, while the Bill was in the other Chamber, the Government accepted a Liberal Democrat amendment, preventing changes to the pint as a recognised measurement for beer, cider and milk through regulations under the Bill. However, I hope the Government will go further and expand this safeguard to protect consumers by accepting this amendment.
I also wish to speak in favour of new clause 3, which would require the Government to undertake reviews into the feasibility of asking large hospitality businesses to disclose the country of origin of meat products on menus. The farming industry has been pushing for clearer labelling of the origins of food for some time. Previous research by the National Farmers Union has shown that 65% of consumers are more likely to visit a venue that claims that its ingredients are sourced from British farmers, and almost 70% of consumers agreed it was important that the sourcing of food in venues is transparent. Farmers across the country are grappling with the punitive family farm tax introduced by this Government, and continue to cope with the challenges imposed by trade deals under the last Conservative Government. Better labelling of British produce on the menus of larger restaurants would give crucial support to farmers and their businesses, and I hope that the Government will support this new clause as a step towards achieving that.
If the Government accepted our new clause 4, it would require them to establish a voluntary labelling scheme, under which goods were clearly marked as being produced or manufactured in the UK. That would help the consumer to make an informed choice and make it easier for the Government to support domestic producers. The new clause would also set up a promotional campaign to ensure that consumers were aware of the scheme.
Having spent the last five years grappling with the bureaucracy of Brexit, increased trading costs and the ongoing cost of living crisis, business owners will be deeply concerned by the additional challenges coming from Washington. We need to bring the country together and collectively show that we will not take Trump’s tariffs lying down, but will rally behind our businesses at home, and work with our Commonwealth and European allies abroad.
As specified in new clause 4, in setting up the campaign, we urge the Government to consult with British businesses and trade groups, such as industry leader Made in Britain, which recently said that it had seen a surge in membership following the introduction of tariffs, as
Countless people across the UK wish to buy British, champion our local businesses and support our high streets, and this new clause would be a key step in supporting them to do so. I would very much welcome all Staffordshire MPs joining us in the voting Lobby this afternoon.
“where the final significant production process occurred in the UK”,
but that is one of the things that we are trying to clamp down on. In ceramic production, products that are bisque fired outside the UK then brought into the UK for gloss firing are passed off as being made in the UK. We argue that this should not be the case; the full process, from clay to table, should take place in the UK. While I have absolute sympathy with her on her new clause, that subsection unfortunately would not address the issue—in fact, it could do further damage to our industry. If she is happy to, we could discuss that outside this place. I am sure that there are areas of commonality, on which we could work together.
Liberal Democrats support the need to update the regulatory framework for the UK marketplace to reduce trade friction and give businesses and consumers confidence in their products. We are glad that many of the measures in the Bill will have that effect, but we remain concerned about the excessive ministerial discretion in this legislation, and the reliance on secondary legislation. We will continue to push the Government to strengthen scrutiny mechanisms, and for fairer regulation for online marketplaces. Crucially, I hope the Government will take this opportunity to support British businesses by supporting new clause 4, giving consumers greater transparency and British businesses the boost that they need.
We should ask ourselves why this relatively small and technical Bill has attracted nearly 50 amendments on Report. It is because, as was said, it is a Trojan horse Bill. We tabled our amendments because the Bill does a lot more behind the scenes than appears on the surface. When, in 2016, the voters of Britain—on an 80% turnout—voted to leave the European Union, it created an opportunity for the country to tailor our regulatory regime to best fit British industry, and to set a global standard, so that it is easier to do business. The UK’s product regulation and metrology, as we heard from our resident metrologist, the hon. Member for Erewash (Adam Thompson), once set the standard for the world, and indeed has the chance to do so again. When in government, the Conservatives started the work of capitalising on that opportunity. We see the Bill as a terrible step back and a Trojan horse, because it will tie us to EU red tape on which we have no say.
The hon. Member for Harlow (Chris Vince) spoke about his hopes for businesses in Harlow. Through this Trojan horse Bill, Labour will restrict Britain’s innovators with over-burdensome regulations, meaning that British industry will fall behind international competitors. As we heard the Liberal Democrat spokesman, the hon. Member for Richmond Park (Sarah Olney), say when speaking to her amendments, it is a prime example of a skeleton Bill. There are two major areas of concern for His Majesty’s loyal Opposition: the use of sweeping Henry VIII powers; and the ability to dynamically align by the back door with the European Union. I will speak to the amendments we have tabled to address those concerns.
When the Bill started its passage, the Delegated Powers and Regulatory Reform Committee in the other place found that the powers in the Bill, particularly in clause 1, were excessive, and it recommended that they be removed. Many of our amendments address those elements of clause 1. In the other place, the Government watered down the Bill following those criticisms, but afterwards the Bill was still described as a skeleton Bill that shifted powers “to an unacceptable extent”. As recently as 21 February, the Committee in the other place said that the amendments made in the other place were
“limited changes that do not address the fundamental concern we have about the skeletal nature of this Bill…The Government has not taken the opportunity to add flesh to the bones of this skeleton Bill. It remains the case that the Bill provides for almost all of the substance of the regulatory regimes for product safety and metrology to be provided for by Ministers in regulations.”
While we acknowledge that the current Secretary of State may act responsibly, we do not want to put things on the statute book that future Ministers might treat differently.
We all agree that strong, consistent product safety rules are needed, and we acknowledge the risks from online marketplaces and unsafe imports, but we do not think that the Bill is the right way to deal with that. We also think that Parliament must retain proper oversight, so amendments 9, 11 and 12 seek to remove the broad powers granted to the Secretary of State in clause 1.
Clause 3 is of equal concern, because it grants the Secretary of State sweeping powers to create new criminal offences, creating new complexities in our criminal justice system. It also allow Ministers to create civil sanctions for non-compliance with product and metrology regulations through secondary legislation, reducing parliamentary scrutiny of an issue that is incredibly important for our constituents’ freedoms. The clause also allows the Government to introduce new penalties, and even prison sentences; new powers of entry; and new fines on businesses, which will drive up the cost of doing business. Our amendments seek to change those elements. We believe that such serious offences should be subject to considerably more parliamentary scrutiny. That is why amendment 24 seeks to ensure that new criminal offences that could have consequences for the Ministry of Justice and the criminal justice system are not created through new product regulations under the Bill.
Amendments 21, 22 and 23 seek clarification of the functions that may be conferred on a relevant authority, and the powers that may be granted to inspectors. The phrase “relevant authority” is used throughout the Bill, and it is not entirely clear what all such authorities might be.
In clause 13, we once again see Henry VIII powers being used, despite the concerns raised in the other place. Amendment 18 would therefore add to clause 13(6), and require that any regulations made under the legislation that amend or replace primary legislation be subject to the affirmative resolution procedure. I am sure all parliamentarians will want to support that amendment.
“We must bear in mind that the use of delegated powers carries a risk of abuse by the Executive, which is not something the Opposition could ever support. Rather, it is our duty at this stage to check the powers of the Executive and ensure that we are not giving them carte blanche to change the balance of power permanently in their favour.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee Public Bill Committee, 1 February 2018; c. 305.]
That is exactly what they are asking for in this Bill, and why we urge Members to support our amendment.
It is not just the Secretary of State who says this. Let us listen to what our friend the Attorney General of this great United Kingdom, Lord Hermer, another member of His Majesty’s Government, has said on Henry VIII clauses, skeleton legislation and delegated powers. He says that they strike not only at the rule of law
“but also at the cardinal principles of accessibility and legal certainty.”
And yet we are being asked this evening to allow criminal sanctions and the possibility of imprisonment to go through using those powers.
The second area in which we have tabled further amendments is that of dynamic alignment. We have heard the hon. Member for Harlow (Chris Vince) admit that that is the very purpose of this Bill. We believe that dynamic alignment with EU regulation should be a decision for the House to make, and that interpretation must only be undertaken by UK courts, not by international courts such as the European Commission or the Court of Justice of the European Union. We took back those very powers, but in this Bill the Secretary of State is taking the power to give them away.
Our amendment 10 would remove the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products. Our amendments 13 to 15 would specifically require parliamentary approval for aligning product regulations with EU law. Our amendment 17 states that interpretation and enforcement of any regulations must only be undertaken by UK courts.
We, as His Majesty’s loyal Opposition, also want to ensure that regulations under this Bill do not damage any other international agreements that the Government may wish to strike, so our new clause 13 on international agreements would ensure that any regulations made under the Bill’s powers do not undermine the UK’s existing or future trade deals, including with key partners such as the US, India, Japan, Australia and Canada. That is a pragmatic and necessary step towards maintaining the strength of the UK’s trade relationships and protecting the long-term prosperity of our businesses. The Government have talked many times about growth being their top priority, so this new clause would ensure that regulations made under the Bill prioritised economic growth. Amendment 8 would require the Secretary of State to actively promote investment, innovation and economic growth through product regulation. It embeds a forward-looking vision, positioning the UK as a global leader in innovation and ensuring that our regulatory framework supports prosperity and not just compliance.
When this Bill left the other place, the lead Minister in the other place, Lord Leong, said:
And yet there have not been significant changes in Committee. I therefore recommend that the House supports our amendments in the Lobby this evening.
I welcome the Liberal Democrat spokesperson to her new role. I do not know whether it is a promotion or demotion, but I welcome her all the same. As always, it was a pleasure to hear from my hon. Friend the Member for Erewash and his great technical insight. Indeed, we have our own Professor Yaffle in his House—those of a certain age will know who I am referring to. His expertise was greatly appreciated in Bill Committee and again today.
Amendments 9, 11 and 12 would remove clause 1(1) from the Bill. Of course, that is the central power to keep consumers safe and our product regulations updated. As I said in Committee, our product regulation framework is extensive. We have hundreds of often technical regulations. Removing clause 1(1) would freeze our regulations in time. We would be unable to respond to new risks, products or business models. I cannot accept an amendment that would stop us from protecting consumers and businesses from product-related harm.
We have heard a lot of concerns—many of them misplaced—about the breadth of powers contained within the Bill. In the other place, we did increase the measures that will be subject to the affirmative procedure. We removed several Henry VIII clauses and added a statutory consultation requirement. We also published a code of conduct, available in the Library of the House, which sets out exactly how the powers under the Bill will be used. I now believe the Bill strikes the right balance of appropriate parliamentary scrutiny without clogging up parliamentary time with highly technical product regulations. Gutting the Bill by removing the central power would leave consumers unprotected.
Amendments 10, 14 to 17, 25 to 29 and 32 all relate to EU law. I want to be absolutely clear yet again that the powers in the Bill give the UK the flexibility to manage its own product regulatory framework. Part of that is, of course, ensuring that the UK can respond to relevant developments in EU law. It does not mean that the UK is beholden to EU changes, and all regulations will be subject to Parliament’s oversight. I also wish to reassure the House that the Government remain committed to our obligations under the Windsor framework. The reason the Bill explicitly references the EU rather than other jurisdictions is that most of our product regulation is, of course, inherited from EU law. The UK continues to recognise certain EU product requirements—a policy that was, of course, enacted under the previous Government only 12 months ago.
The Bill’s powers allow us to continue or end such recognition based on the UK’s interests on a case-by-case basis. Decisions on whether to diverge or align will be made as they come along and will only be implemented by laying a statutory instrument in Parliament. Recognition of EU product requirements would be stated in UK law and could only be enforced by UK authorities. The Bill does not grant jurisdiction to foreign courts. I find amendment 15, which would prevent CE recognition, an odd amendment to be pushed by the Conservatives given that they introduced regulations only a year ago that did the absolute opposite.
New clauses 8, 14, 16 and 17 and amendments 13, 31 and 33 deal with themes of EU law, parliamentary scrutiny and oversight. These amendments duplicate the robust safeguards already in the Bill and the statutory and non-statutory controls that we have published in our code of conduct. Those include the statutory requirement for consultation and assessments under the better regulation framework. The Government value Parliament’s role in scrutinising legislation, so we will continue to consult all the devolved Governments as appropriate to ensure that regulations work for the whole of the UK.
Let me turn to amendments 1, 12, 18 and 30, on parliamentary scrutiny. The Bill as introduced already applied the affirmative procedure in key areas, including the creation of criminal offences—contrary to what has been said this afternoon—and amending primary legislation. However, in response to matters raised by the DPRRC, we have added additional areas, which are set out in clause 13(4). For the avoidance of doubt, I can confirm that the affirmative procedure applies to the following: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery; regulations amending or repealing the Gun Barrel Proof Acts; consequential amendments to primary legislation; and regulations amending the definition of online marketplaces.
I will deal now with new clause 15, tabled by my hon. Friend the Member for Walthamstow. She raised some important points, and I thank her for setting out the rationale behind her new clause so clearly. First, I reassure the House that we are not looking at the same level of regulatory change that was necessitated when we left the EU. We anticipate no more than half a dozen uses of the powers a year. That is because the fundamentals of the regulatory framework are already in UK law—thousands of pages, as I have referred to, and many of those provisions have been through previous scrutiny processes. The majority of future changes using the power in the Bill will be smaller and technical.
I recognise the concerns raised, though. When we were a member of the EU, directives enacting major regulatory changes were regularly transposed into UK law using the negative procedure. Our Bill contains many more safeguards than were in place before, meaning that the affirmative procedure will be used far more often, as I have set out. Careful consideration was given in the development of the powers to ensure that we struck the right balance between good use of parliamentary time and the processing of highly technical changes. We listened to the concerns raised by members of the Delegated Powers and Regulatory Reform Committee and went further, broadening the areas requiring scrutiny, as I have set out.
As Lord Pannick said, the practical reality is that technical regulations of the breadth and complexity that will be produced cannot sensibly be enacted by primary legislation. If we used primary legislation every time we wanted to do something on product safety, we would have little time for anything else. However, to provide maximum transparency in this space, we also published a code of conduct setting out the statutory and non-statutory guardrails in place before regulations can be made. That included a statement on how we will engage and consult with a wide range of stakeholders to ensure that their views are considered. We will continue to review and update the code of conduct, and of course we will be happy to take suggestions on how we can be clearer about Parliament’s role in the scrutiny of regulations.
Given those assurances, I believe we have struck the right balance between scrutiny, the appropriate use of parliamentary time and the flexibility needed to keep our product and metrology regulations up to date. I hope that gives my hon. Friend the Member for Walthamstow some reassurances.
Amendment 7 on consumer protection could have unintended consequences as product safety is not one-dimensional; it requires consideration of multiple risks and consumer and business needs. For example, we are undertaking a significant programme of work considering furniture safety and the balance between fire risks and the possible effects of exposure to chemical flame retardants. Were the amendment adopted, we would be open to challenge by any interest groups unhappy with how regulations balance those factors. Indeed, when I gave that example in Committee, the Liberal Democrat spokesperson, the hon. Member for Chippenham (Sarah Gibson), said that it was a compelling reason for not accepting the amendment, so I hope the hon. Member for Richmond Park will not move that amendment.
On new clause 19, the Government are committed to meeting our obligations on the UK’s trade agreements and nothing in the Bill will contradict that.
New clauses 5 and 6 relate to small and medium-sized businesses. The purpose of new clause 5 is already met through existing practice, and that of new clause 6 is also met, as all regulations will be assessed in line with the better regulation framework principles. Similarly, amendment 8 on economic growth is unnecessary. All regulations will be subject to a statutory consultation and require an impact assessment as per the better regulation framework, ensuring that business needs are fully considered. The Bill will allow greater simplification and clarity on product requirements, which should ease burdens on industry.
Let me turn to amendment 3 and new clause 10 on online marketplaces and supply chains. I agree that all relevant actors must be captured by our regulatory framework. That is why we have explicitly recognised and defined online marketplaces in the Bill, as well as including clause 2(3)(i) to ensure that “any other person” engaged in activities relating to a product can be brought within scope, including those working in fulfilment houses. At the earliest opportunity, we intend to consult on requirements applying to online marketplaces that protect consumers and are proportionate to the range of marketplace business models. The Bill gives us the opportunity to develop appropriate requirements, following consultation. That is better than requiring the introduction of specific obligations, irrespective of the outcome of consultation and consideration of proportionality.
New clause 7 relates to online marketplaces being held liable for products purchased via their platforms. We agree that there is scope for improvements to be made in this area, which is why I have asked the Law Commission to conduct a full and comprehensive review of product liability legislation and make suggestions for reform. Following its report, which we anticipate will be released next year, we will legislate, if necessary, to ensure that our product liability laws are up to date and fit for the future.
Turning briefly to new clause 9, the Bill’s powers cover various product categories, including lithium-ion batteries. Although concerns about battery safety are valid, the Bill must remain broad to address evolving products effectively. To improve lithium-ion battery safety, we have published research from the Warwick Manufacturing Group that highlights risks such as compatibility and design issues. Those findings will guide interventions, including regulatory standards and improved guidance. We are committed to collaborating with stakeholders to determine what actions should be taken forward.
Amendments 21 to 24 would render unenforceable many requirements introduced in regulations under the Bill. Removing powers to create enforcement functions would make requirements introduced in new regulations ineffective, particularly for new supply chain actors. Without powers to effectively enforce new requirements, good businesses will be undermined by those who ignore their duties and responsibilities. I assure the House that the use of those powers already has precedent in comparable matters. The Building Safety Act 2022 is a recent example of primary legislation that created similar powers.
New clause 11 and amendment 4 relate to product recall procedures. Supply chain actors are already under duties to report incidents to enforcement authorities, and the public can already access an online database of recalls: the product safety alerts, reports and recalls database. Furthermore, there are legislative routes for consumers to pursue their rights, including rights to repair, replace or refund, through various legislation, such as the Consumer Protection Act 1987 and the Consumer Protection from Unfair Trading Regulations 2008. The Government are reviewing product recalls as well as the full range of existing enforcement powers for product safety and metrology so that the powers can be targeted and effective. The consultation following Royal Assent will seek views on the structure of such powers.
I turn to new clause 12. Local authorities do vital work across several areas of consumer protection. This Bill is not the appropriate vehicle for a broader review of enforcement capability for consumer protection legislation, as it is limited to product and metrology regulation. However, it will help local authorities by simplifying product safety legislation and allowing the Government to consolidate enforcement powers. It will also provide for cost recovery powers to be obtained by local authorities—something raised by my hon. Friend the Member for Harlow.
New clauses 1 to 4 relate to product labelling. We will not be accepting them, but I thank my hon. Friend the Member for Stoke-on-Trent Central for tabling new clause 1 and for shining a light, as he always does, on an important UK sector that is very important to his part of the world. Manufacturers can already indicate the country of origin on the labelling of their goods, as long as the information is accurate. Falsely claiming that products are made in the UK is an offence under existing UK consumer law, which prohibits traders from misleading consumers. I understand that my hon. Friend has a private Member’s Bill on the country of origin for ceramics, which was introduced on 2 April and is listed for Second Reading next week. I will be interested to hear that debate, and I am always willing to engage with him on this important issue for his constituents.
New clauses 2 to 4 relate to matters where separate legislation already applies. New clause 2 on the prices of goods falls under the Price Marking Order 2004, which includes requirements for unit pricing to be clearly labelled. There are developments in this area. The Competition and Markets Authority published a report in July 2023 on the use of unit pricing in store and online in the groceries sector. Following this, it made recommendations to reform unit pricing legislation and proposed reforms to the Price Marking Order 2004.
Amendments to the 2004 Order will come into force next April and will introduce additional requirements for retailers, such as consistency in unit pricing. That means that all unit prices for products sold by weight or volume must in future be displayed in either kilograms or litres. There will be stricter criteria on pricing legibility, and the changes will also provide clarity on how items in multibuy or loyalty card offers should be displayed. We believe that these changes will allow retailers to provide the information that customers need to make informed purchasing choices.
Finally, new clauses 3 and 4 relate to country of origin information. This is already required for certain pre-packed foods, including beef. Origin labelling for food products, however, is well beyond the intended focus of the Bill. It is the case that current rules do not prevent British products from being labelled as British, and this is often done voluntarily. Indeed, the hon. Member for Richmond Park made reference to the “Made in Britain” campaign that is already in place. We do not believe it is necessary to legislate to set up a voluntary system when a voluntary system is already in place. In the light of that, I ask that the new clause 1 is withdrawn and all other amendments are not moved.
Clause, by leave, withdrawn.
New Clause 4
Labelling for UK-produced or manufactured products
“(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.
(2) The label must be—
(a) displayed clearly on the front-facing packaging of applicable goods;
(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and
(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.
(3) A product qualifies for the label if—
(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and
(b) it meets any additional criteria as set out by regulations made by the Secretary of State.
(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.
(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.
(6) Regulations under this section must be made within 2 months of the passing of this Act.
(7) In this section—
“product” includes food, drink and manufactured goods available for retail sale;
“produced or manufactured in the United Kingdom” includes goods where the final significant production process occurred in the UK.”—(Sarah Olney.)
This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Question put, That the amendment be made.
Proceedings interrupted (Order, 1 April).
The Deputy Speaker put forthwith the Question necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).
Amendment proposed, 24, page 5, line 16, leave out subsections (9) to (11).—(Dame Harriett Baldwin.)
Question put, That the amendment be made.
Third Reading
This Bill will help to preserve the United Kingdom’s position as a global leader in product regulation, supporting businesses, protecting consumers and ensuring a fair and level playing field across our economy, whether on the high street or on online marketplaces. It is designed to future-proof our approach to product regulation and metrology, ensuring that we can respond effectively to emerging technologies, tackle modern-day safety challenges and create the conditions for safe innovation and sustainable economic growth. By strengthening the system that underpins confidence in our goods market, we are reinforcing one of the core pillars of a productive and competitive economy.
As hon. Members will know, the majority of the UK’s product safety and metrology laws have their roots in EU legislation developed over the past 40 years. That framework served us well in many respects, but, of course, we have left the European Union, so we have a responsibility and an opportunity to tailor our rules to the UK’s own needs, circumstances and ambitions.
The pace of change in both consumer behaviour and product innovation is only accelerating. From connected devices and artificial intelligence to new materials and manufacturing methods, the nature of risk and regulation is constantly shifting. We must ensure that our regulators are equipped with the right tools to act quickly and proportionately so that we can both manage and harness the hazards and the economic potential of new technologies. The Bill provides the powers to do just that. It gives Parliament the ability to update and strengthen product regulation and legal metrology in a coherent, consistent way.
This is a framework that supports businesses by reducing unnecessary burdens, supports consumers by keeping dangerous goods off the market and supports the UK economy by making our regulatory system more agile, more responsive and more transparent. In short, the Bill will help to ensure that every product on the UK market, whether made in the United Kingdom or imported from abroad, meets the expectations of safety, fairness and quality that the public rightly demand.
The Bill affects the whole of the UK. We have worked closely and constructively with devolved Governments on policy development through regular engagement and throughout the Bill’s passage at both ministerial and official level. I therefore thank the devolved Governments, Ministers and their teams for working so constructively with us.
In Committee, we tabled an amendment that placed a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provisions within their devolved competence. We believe that provides for the most effective and appropriate role for the devolved Governments in a way that respects the individual devolution settlements. I am pleased to report that the Senedd passed a legislative consent motion for the Bill yesterday. I have also had constructive discussions with the Scottish Government and the Northern Ireland Executive, and both have recommended legislative consent to their respective legislatures. We will continue to work collaboratively with those bodies to develop product regulation that best supports businesses and consumers across the whole of the UK.
I will provide a quick recap of some of the changes made to the Bill by the Government since it was introduced last year, in addition to the devolution amendment, because there has been some misconception about what the Bill does and does not do. We have added a statutory consultation mechanism to ensure that stakeholders can shape product and metrology regulations. We have extended the affirmative procedure to parts of the Bill to further boost parliamentary scrutiny; for the avoidance of doubt, they are detailed in clause 13(4). The affirmative procedure therefore now applies to: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery, which I have already referred to in my response to the intervention from my hon. Friend the Member for Stoke-on-Trent Central; regulations amending or repealing the Gun Barrel Proof Acts; regulations on consequential amendments to primary legislation; and regulations amending the definition of online marketplaces. As Members will be aware from the responses on Report, there were a number of reasons that we want flexibility with regard to online marketplaces, which we believe will develop in ways that we cannot predict.
I can confirm that aviation safety products are exempted from the Bill as they are covered in existing legislation.
The Government have published a code of conduct that sets out the statutory and non-statutory guardrails to ensure that regulation made under this legislation is proportionate and well designed. It is also worth addressing the criticism that this is a skeletal Bill and pointing out that the proportion of skeletal Bills tripled in 2016-2023 compared with 1991-2015. Indeed, in the former period, some 19 separate Bills were described as skeletal by the Delegated Powers and Regulatory Reform Committee.
I thank my counterpart in the other place, Lord Leong, for shepherding the Bill through the Lords, with support from Lord Hunt of Kings Heath. I also thank the hon. Member for West Worcestershire, who has been alongside us throughout the passage of this Bill in the Public Bill Committee. The hon. Members for Wokingham (Clive Jones), for Chippenham and for Richmond Park, who represented the Liberal Democrats in Committee and in the Chamber, are a trio that we will never forget. I hope that the short passage of this Bill is not a reflection of the high turnover in Liberal Democrat spokespeople—they have engaged with the Bill in a constructive manner.
I thank hon. Members who engaged in the Bill Committee and the right hon. Member for South Holland and The Deepings (Sir John Hayes) and my right hon. Friend the Member for Walsall and Bloxwich (Valerie Vaz), who chaired that Committee with great expertise. It is probably worth mentioning my hon. Friend the Member for Stoke-on-Trent Central again. He has championed the ceramics industry both today and on Second Reading, and we recognise his great contributions.
Finally, I pay special tribute to my hon. Friend the Member for Erewash (Adam Thompson), who, as the first elected metrologist to this House, has brought a deeply technical and knowledgeable perspective to our debates, which we all appreciate—although I do not think we could ever be asked to take a quiz on the finer details of his work.
It is important for me to pass on my gratitude to all those officials who have supported us in the passage of the Bill, as well as the parliamentary staff who have enabled it to come through swiftly and smoothly. It will return to the other place for consideration of the amendments we have made in this place, and I am confident that—in the spirit of constructive scrutiny and co-operation that has characterised its progress so far—it will continue on its way. This legislation is an important step in strengthening our domestic regulatory regime and ensuring that it is robust, future-facing and fit for purpose in a post-Brexit economy. I look forward to working with colleagues in the other place to ensure that the Bill finally reaches the statute book as swiftly as possible.
On Second Reading, I said that the Bill was the archetype of everything that is sometimes wrong with Westminster, but now, after months of debate in both Houses, I fear that it is even worse. In 2017, the now Prime Minister said that his party would respect the outcome of the referendum in which 17 million people voted to leave the European Union. Britain has now fallen victim to Labour’s EU surrender summit, giving up our fishing rights and our ability to make our own laws. I am happy to concede that this is no longer a Trojan horse of a surrender Bill, because it is now in plain sight. It is absurd that any Government would give up the power to shape our own regulations and meet the needs of our own consumers, electors and businesses. Those economies that will succeed in the future are those that are agile, that can adjust dynamically to events and that can tailor their own rulebook to their own particular needs.
While this Government’s track record is frankly disastrous, I still give them the benefit of the doubt when they say they wish for growth, but for the benefit of Labour Members—who I rather suspect have not read the detail of this Bill; they have been whipped into supporting it—let me spell out what it does. The dynamic alignment clauses in the Bill would mean that every time the EU tweaked its standards—shaped by the interests of 27 other states with their own different mix of businesses, often in competition with ours—Britain would have to follow suit. There would be no more bespoke trade deals around the world, as the Prime Minister and his team would be lame-duck negotiators, with the EU President holding the real strings. The Government boast of three trade deals in three weeks, but that is a hollow boast when not a single one is backed up by any detail. The Trade Secretary, who is noticeably absent today, is no doubt trying to make true what his Prime Minister has already announced. The Paymaster General confirmed to me in a written answer this afternoon that British businesses, exporters, travellers and tourists will not benefit from e-gates, as we were promised. Yet the Government, in all their naivety, are legislating to hand control of our product regulations back to Brussels.
At every stage of scrutiny, this Bill has been found wanting. The mild-mannered Delegated Powers and Regulatory Reform Committee in the other place delivered an uncharacteristically scathing rebuke, branding it a skeleton Bill that grotesquely shifts legislative power from Parliament to Ministers. It shackles British businesses, already bleeding out, to EU standards, stifling innovation. It is a solution in search of a problem, and under the Bill—under the measures being brought forward by the Government today—there is no room for the sort of robust scrutiny that we were sent here by our constituents to do, and no accountability. It is all in the hands of Ministers who keep breaking their promises.
Let us be clear: Labour’s pattern of broken promises does not just set Britain back; it erodes the trust that people have in politics. This House has a duty to restore faith in our democracy, to protect our hard-fought sovereignty and to say no to the overreach of blank-cheque ministerial powers, such as those in the Bill. This House must tonight reject the Bill, as we will seek to do, to stop the Government from forsaking Britain’s ability to carve and determine its own future.
Question put.
The House proceeded to a Division.
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.