Office for Product Safety and Standards

(Limited Text - Ministerial Extracts only)

Wednesday 9th May 2018 Westminster Hall

[Andy Slaughter (Hammersmith) (Lab)]

It is a pleasure to follow my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) and to serve under your chairmanship, Sir David. I will not repeat what my hon. Friend said, except to say that we are all grateful for the expertise and support that we get in trying to deal with these issues, for your involvement over time and for the Select Committee’s involvement now.

It is probably right to say that the announcement of the new office was rather subdued. I think that it came at a weekend; we were all expecting an oral statement or at least some explanation of its role, but we have had to wait really till today to address that matter. I am grateful to my hon. Friend the Member for Swansea East (Carolyn Harris) for initiating the debate and for her expertise on the matter.

We know what needs to be done. We had the Lynn Faulds Wood report two years ago. We had the Government’s own working party report. We have had much expert advice, including from the London fire brigade, Which? and Electrical Safety First. The difficulty is that not much is happening. There is a fear—if I can be blunt with the Minister—that this is really window dressing; it is simply a way of being seen to do something. We are told that it is a new office and has additional funding—£12 million. Can the Minister confirm, first, that that is additional money? Secondly, I think that that is when it is fully operational. When will the office be fully operational in that way? Its remit appears to be quite limited. It appears to be mainly the same people doing the job, and it appears to have the same limitations because of the reliance, still, on the local network of underfunded trading standards organisations.

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Andrew Griffiths)]

Perhaps I can put the hon. Gentleman’s mind at rest. I can confirm that we are talking about £12 million of additional resources for the Office for Product Safety and Standards. In this first year, we envisage there being an additional spend of approximately £9 million; that is as it staffs up and gets itself ready. But there will be £12 million of new money, in addition to the work that the officials have already been doing within the Department for Business, Energy and Industrial Strategy.

[Andy Slaughter]

I am grateful for that answer. Perhaps, because of the limited time, I will limit myself to making one point. Will the new office pass the Whirlpool test? Whirlpool is untypical in some ways, because one particular design fault has affected 5.5 million tumble dryers; I think it was estimated that one in six homes in the country are affected. That is not the only problem with Whirlpool. We have also had the issue that led to the Llanrwst inquest and the sad, tragic deaths there. The Whirlpool reaction has been extraordinarily unhelpful. If the office can deal with Whirlpool, it can probably deal with a number of other issues.

I remind Members that over 12 years a number of different brands manufactured tumble dryers that were liable to catch fire and did in many hundreds, if not thousands, of cases. The concentration was initially on the slow speed at which they were repaired or replaced and then the fact that half of them were not identified at all. That threw up the lack of a registration or recall process. Whirlpool persistently resisted a recall or even giving the correct safety advice. That is bad enough, but through Which? and the BBC’s “Watchdog” programme—which has done an incredible job in exposing this negligent behaviour by Whirlpool and is now being broadcast weekly—we have discovered that that was not the only problem.

The replacement and repaired machines were themselves faulty and large numbers of them are now catching fire. We could well be back where we were, except for the fact that people have been lulled into a false sense of security in the belief that they now have safe goods in their home when they often do not. How does the Minister intend to approach the Whirlpool issue and learn from it? Will we have a proper registration process? Will we have a clear database of products that are at risk and are recalled? Will we insist on recall, rather than this rather botchy repair method? Will that be within the remit of the new office?

Finally, we are coming up to the first anniversary of the Grenfell Tower fire, which we are dealing with on a daily basis. It was started by a particular type of fridge freezer. If the Minister cannot answer this question now, I would be grateful if he would write to me. I have had contradictory answers from his Department and the Ministry of Housing, Communities and Local Government. When will we get a verdict on that? Is it coming through the police inquiry or his Department? When will we know exactly which fault caused that fire? We know it is in a particular model of fridge freezer, but we need to know more, because if there is a further risk, it needs to be demonstrated and publicised.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Andrew Griffiths)]

It is a pleasure to serve under your chairmanship, as always, Sir David, with your vast experience of this place. I congratulate the hon. Member for Swansea East (Carolyn Harris) on securing this important debate, and I am grateful to hon. Members from both sides of the House for their thoughtful input. The hon. Lady is a true champion for her constituency, as I know from my work on the Parental Bereavement (Leave and Pay) Bill. She has made a huge contribution to the lives of people across our country, and I commend her not only for the work that she does, but for the way in which she does it.

Let me be clear that there is no doubt about the Government’s commitment to maintaining the highest level of consumer protection. I have a wide and varied brief. As the Minister responsible for small business, consumers and corporate responsibility, I cover postal issues, competition policy and retail. I lose track of the number of things that should be on my business card, but it would not fit in my pocket if it had everything on. I reassure the Chamber that consumer protection is of the utmost importance, however, and if anything keeps me awake at night, it is ensuring that this country has a product safety regime that keeps us all safe. The Government’s commitment led to the first ever national technical expertise to support local authority trading standards teams in their vital work of enforcing product safety.

There were some questions about the announcement in relation to the Office for Product Safety and Standards. I put my hands up; it was my first week as a Minister. I thought it was better to get the information into the public arena and for people to be aware of it. If there are suggestions that I should have come to the House or done it differently, I take them on board. We are always learning.

I announced the establishment of the Office for Product Safety and Standards on 21 January. That announcement responded to the central recommendation made by the working group on product recalls and safety. That group was set up by the Government to advise on the practical steps that could be taken to enhance the UK’s approach to product safety. It identified a need for a national technical and scientific resource to support decision making in local authorities and in the businesses they regulate. We will deliver that national capability through the Office for Product Safety and Standards. I have high ambitions for what the office will be able to achieve, and I am determined that the capability will be established quickly.

Since establishing the office, we have taken steps to deliver improvements, which I will say more about shortly, but it might be helpful to remind hon. Members where the responsibilities within the product safety regime lie, so we are clear about exactly where we should expect the office to deliver improvements. It has not been set up to do what others are already doing or should be doing.

Businesses are legally responsible for ensuring that the products they place on the market are safe, and for taking effective action to address any issues that arise once those products are in circulation. The Office for Product Safety and Standards does not take those responsibilities away from businesses, nor does it lessen them in any way. It gives us the scope to better enforce those requirements more consistently across the country.

Day-to-day enforcement of product safety is led by local authorities, which have teams of officers on the ground across the country, as we have heard. In that role, they provide vital services, such as being a point of contact, giving advice to consumers and businesses, and leading on investigations into potential non-compliance. I pay tribute to the work that trading standards officers do across the country. The establishment of the office does not move, alter or reduce that role. Local authorities remain front and centre in the delivery of effective protections.

The office will provide additional support for those local teams, who will be able to draw on the national testing facilities, leading scientific advice and technical expertise to help them to deal with the complexity of the issues they encounter. We have heard about the challenges in relation to resource, but this is a new, additional resource of additional expertise to help and support those trading standards officers across the country.

To clarify, the new office will have a budget for new product safety activities of an additional £12 million a year. As I said earlier, the budget for the first year in operation, 2018-19, is about £25 million, which includes £9 million of additional funding. In the following year, that £9 million will increase to £12 million. Those are substantial amounts of resources. The office will employ about 290 people, of whom 180 will be existing staff and 110 will be new posts. I hope that reassures right hon. and hon. Members.

[Stephen Kerr]

Will the new office that the Minister is describing in great detail have the power to hold to the fire the feet of big organisations, such as Whirlpool, in favour of consumers?

[Andrew Griffiths]

I absolutely reassure my hon. Friend. I think he won the prize for the best pun today when he talked about the spin cycle of those large companies. I noticed it, if nobody else did, and laughed internally. Clearly, the office has to have the teeth and the capabilities to hold those businesses to account. I reassure him that it will.

[Andy Slaughter]

I think the Minister has said that one of the office’s duties will be to maintain a recall register. How is that progressing, and will manufacturers be under an obligation to ensure that the register is notified of all recalls?

[Andrew Griffiths]

I confirm that there is an obligation in place for manufacturers to notify the Office for Product Safety and Standards. I will come on to how the database will work further on in my speech.[Official Report, 15 May 2018, Vol. 641, c. 2MC.]

Within the office, we are applying lessons from regulators such as the Food Standards Agency, which is a national regulator that deals with significant volumes of product incidents and provides national scientific expertise to local authorities. So we are not creating something new; we are learning the lessons from previous regulators to ensure that the office works properly. We are also applying the lessons learned from international comparators—the OECD and American counterparts—and we are in the process of building national capacity.

Through the OPSS, the Government have already led the development of a code of practice for product recalls and corrective actions, working with the British Standards Institution. The code provides greater clarity for businesses on what they should do in such cases. It also provides a framework for local authorities when they engage with businesses to support and enforce programmes of corrective action.

There was a question about how the OPSS will support trading standards officers. I can confirm that so far, more than 250 local authority officers have received training on the new code and as a result they are now better equipped to deal with incidents.

[Gill Furniss]

Although the Minister said earlier that there are 290 posts at the OPSS, it looks as though there is little resource in terms of extra staffing or extra funding for local trading standards officers. Is that correct?

[Andrew Griffiths]

To clarify, as I said before, there are 110 new posts at the OPSS, with an additional resource of £12 million; I think that is a substantial amount of money. The Government are properly resourcing what we accept is a vital facility.

As we build the office over the coming year, the Government will continue to consult on aspects of its functions and on its long-term scope. I think there has been some question about whether it should remain in the Department for Business, Energy and Industrial Strategy or be an independent body. We will consult on that and on the case for changes to its legal powers.

The hon. Member for Swansea East mentioned the work of the all-party parliamentary group on home electrical safety, and I commend that work. I have read a number of the reports and documents that it has produced, and they were helpful to me. I also pay tribute to the Business, Energy and Industrial Strategy Committee, and to the hon. Member for Leeds West (Rachel Reeves) for the work that she has done. That work demonstrates the desire to work across parties and to ensure that we get this matter right for all our constituents.

[Holly Lynch (Halifax) (Lab)]

In the spirit of cross-party working, the Minister might remember that on 29 January he responded to a Westminster Hall debate on a petition calling for greater regulation of the sale of fireworks. In response to an inquiry from my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), he said that, regarding the sale and regulation of fireworks, “this new body” would

“—where necessary—come forward with suggestions and advice to Government.”—[Official Report, 29 January 2018; Vol. 635, c. 261WH.]

He also committed to arranging a meeting with all those Members who were interested in the regulation and sale of fireworks. Has there been any progress on that particular issue?

[Andrew Griffiths]

I thank the hon. Lady for that question. She has reminded the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who said that this debate was the first time that he had heard me speak as the Minister, that this is actually the second time that he has done so; that was a very useful debate. My understanding—I look to my right, at my officials—is that officials were in the process of setting up that meeting. If they have not done so, I will chase that up; it should take place, because it is an important meeting and I want it to happen.

The hon. Member for Swansea East asked what the OPSS was doing to discuss electrical fire safety with the Home Office; that is important. The OPSS is building up its intelligence-gathering capability and will use a database and evidence to help to identify and prioritise products that pose higher safety risks to consumers. The OPSS is also represented on the Home Office’s fire statistics users group and we are in regular—almost daily—contact across Government to ensure that these activities are properly joined up.

The hon. Lady also specifically mentioned online selling, which is very important. Action is being taken by law enforcement agencies against the sale of counterfeit goods at local markets and car boot sales, through social media channels such as Facebook and facilitated by fulfilment houses.

The hon. Lady mentioned the issue of Amazon giving evidence to her all-party parliamentary group. I put on the record that I understand the point she made, and I agree with her that it would be valuable for the APPG to engage constructively with Amazon. I am sure that others outside this place have heard her comment and will respond to her in the near future; she should let me know if they do not.

Existing legislation applies to online retailers and they have a responsibility for the products they sell. As we have heard, the Intellectual Property Office works closely with Electrical Safety First; I commend the work that that charity does to highlight how to identify fake electrical goods that are being sold online.

One of the reasons for creating the OPSS is to enable the UK to meet the evolving challenges of product safety by responding to the increasing rate of product innovation, the growth of online shopping and trading portals, and expanding international trade.

I was asked whether private sales—consumer to consumer, on websites such as eBay—are regulated. Consumer-to-consumer sales are not covered by the Consumer Rights Act, other than in relation to things such as secondary ticketing. However, as we have heard today, there is a current consultation—a Green Paper—that I have launched, which specifically asks whether more protection is needed in this area. If the hon. Lady would like to contribute to that consultation, I would certainly be interested in hearing her views.

Over the past three years, National Trading Standards has had a core budget of £40 million to work with local authorities to tackle harm in this area. There was also a question in relation to the injury database. The injury database was scrapped in 2002, and at present there are no plans to reinstate it. However, the OPSS is considering how to ensure that it has access to the best information, and we always keep abreast of these things and will consider the future as we go forward.

My hon. Friend the Member for Stirling (Stephen Kerr) raised the issue of regulators and their powers. The White Paper specifically asks whether regulators need more powers, so he might want to have a look at it.

The hon. Member for Poplar and Limehouse asked whether businesses will be required to notify the OPSS; I think that I have already confirmed to him that they will absolutely be required to do so.

Then there is the issue of selling second-hand goods subject to recall. Under the General Product Safety Regulations 2005, there is a requirement for sellers of second-hand goods not to sell goods that they know are unsafe.

I was asked what will happen on our exit from the EU. Of course, unsafe products will remain a serious risk. UK enforcement authorities are currently reliant on EU systems, such as Rapex, as the hon. Member for Swansea East mentioned. However, BEIS is developing new systems to enable regulators to identify new threats quickly, to mount co-ordinated and rapid responses, and to target and intercept products, including imports.

The hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) raised the issue of boots. I can tell her that safety boots are regulated under the personal protective equipment regulations. Manufacturers have a legal obligation to ensure that they are safe, and trading standards officers have the powers to act if necessary. If the hon. Lady provides me with the details, I will ask the OPSS to work with trading standards officers to look into the case for her.

What else have we had? I think that the Business, Energy and Industrial Strategy Committee has pointed out that we intend to undertake a further upgrade of the Government’s product recall website; that issue was raised earlier. We recognise that this website is important and we will put extra work into it. I hope that reassures the hon. Member for Hampstead and Kilburn (Tulip Siddiq). She mentions that mums are concerned about bottle warmers and baby seats. I would say that it is not only mums who are concerned; as a new dad myself, I know that dads are also concerned. I can correct her by saying that they are no longer called baby seats; I think they are now called travel systems. That was news to me, but we are always learning as we go, are we not?

The hon. Member for Strangford (Jim Shannon) made some very important points. I commend him on the fact that he has spoken in some 379 debates in the last year. If only our products were as reliable as he is, we would not need this new office. However, I point out to him that currently the number of questions that he has asked stands at 666, so he might want to ask another question shortly.

The hon. Member for North Ayrshire and Arran (Patricia Gibson) mentioned Which? I think we all recognise the important role that Which? plays in consumer protection. I can confirm to her that I am meeting its managing director next week and I can also confirm that the OPSS is working closely with Which? in a number of areas and has had regular meetings with it. I hope that reassures her.

I was also asked about the Grenfell fridge. Clearly, that issue is a priority. A thorough safety investigation has taken place and I hope to be able to come forward with information for the House in the very near future.

In closing, I reassure the House that this Government take the issue of product safety incredibly seriously. We have to get this matter right for all of our constituents. As the Minister responsible, I confirm that the Department and the new OPSS will continue to engage with parliamentarians to ensure that we get it right. I thank the hon. Member for Swansea East for securing this debate.

Question put and agreed to.

Resolved,

That this House has considered the role of the Office for Product Safety and Standards.