Draft Control of Mercury (Enforcement) (Amendment) Regulations 2025
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The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)
I beg to move,
That the Committee has considered the draft Control of Mercury (Enforcement) (Amendment) Regulations 2025.
It is a pleasure, as ever, to serve under your chairship, Ms Lewell. This affirmative statutory instrument introduces mechanisms to enforce the EU mercury regulation in Northern Ireland under the Windsor framework that maintains Northern Ireland’s dual market access to the EU single market and the UK internal market. The mercury regulation applies in a modified form in Northern Ireland, and before I set out the instrument’s purpose and scope in further detail I will provide some background to the arrangements that apply in Northern Ireland.
Dental amalgam is a dental filling material that is made up of a mixture of mercury and metal alloys, including silver, tin and copper. It is a stable and safe filling material that is widely used across the UK to fill cavities caused by tooth decay. Compared with alternative fillings, such as composite resin, dental amalgam fillings are typically cheaper and take less time to apply.
Last year, the EU introduced amendments to the UK mercury regulations that apply under the Windsor framework. Those amendments introduced a ban on the use and export of dental amalgam from 1 January 2025 and a ban on the manufacture and import of dental amalgam from 1 July 2026. An immediate ban on dental amalgam would have led to longer dental treatment times in Northern Ireland, meaning fewer patients being treated. That could ultimately have worsened oral health outcomes in Northern Ireland, so the UK Government made representations to the EU on that issue.
Following scrutiny by Members of the Northern Ireland Assembly, the European Commission recognised Northern Ireland’s specific circumstances last year and set out bespoke arrangements for Northern Ireland. That means that Northern Ireland will have a much longer transition period until December 2034, or until an earlier phase-out date is agreed with the Minamata convention on mercury, an international treaty to which the UK and the EU are parties.
During that time, businesses and dentists in Northern Ireland may continue to import and use dental amalgam. Such treatment may be given only to UK residents and imports must be proportionate with use. The gradual phase-out of dental amalgam will allow more time to transition to alternative fillings. That will give dentists time to improve practice efficiency, gain experience with more complex fillings, adapt to emerging alternatives and support the training of dental professionals.
Let me say briefly that I know the Windsor framework and its operation are of immense interest to hon. Members, and I know that questions of democratic legitimacy and the effectiveness of the framework’s democratic scrutiny mechanisms are frequently considered and discussed. That discourse is often about whether and when mechanisms such as the Stormont brake should be used, but these bespoke arrangements illustrate the entire purpose and benefit of the Windsor framework.
In this case, we saw an issue that would pose particular difficulties for Northern Ireland. Members of the Legislative Assembly scrutinised the issue and voiced their concerns. The Government acted on those concerns and the EU Commission recognised them. The arrangements were then adapted accordingly. That pragmatic ability to work collegiately on a foundation of trust, partnership and credibility to identify and address problems lies at the heart of the Windsor framework.
The dental amalgam exemptions on use and import have applied in Northern Ireland since 1 January 2025, and the Northern Ireland authorities have taken the required steps to implement them, including by issuing further guidance and engaging with dentists. The purpose of the instrument is to further strengthen the enforcement measures that the Northern Ireland authorities can take on the ground to support the arrangements in Northern Ireland, including powers to enforce the prohibitions to export or manufacture dental amalgam; additional reporting requirements for dental amalgam importers; and restrictions on dental amalgam use for patients, as set out in the European Commission notice. The statutory instrument also implements the allowed exemptions to the import and use of dental amalgam while Northern Ireland gradually phases out its use.
More broadly, I recognise the concerns about mercury’s environmental impact. It is a highly toxic substance that can cause harm to human health and the environment if improperly managed. When dental amalgam is exposed to high temperatures, such as during cremation, the mercury it contains can enter the environment as a toxic gas if there are no mercury emission controls in place. I am happy to confirm that the crematoriums in Northern Ireland are fitted with control technologies to reduce mercury emissions. Under the environmental improvement plan, we are taking steps and further developing plans to reduce mercury emissions, including from crematoriums. As part of that, the Government will soon publish an updated process guidance note for crematoriums and the accompanying consultation response, which will include further guidance on emission abatement technologies in crematoriums.
In conclusion, the draft regulations are clear in their purpose of ensuring that Northern Ireland authorities have the power to enforce EU export and manufacturing prohibitions, reporting arrangements and exemptions on dental amalgam use and import, as set out in the European Commission notice. They will also mean that Northern Ireland continues to benefit from the exemptions on dental amalgam use and import, allowing for a longer transition period and equity of dental provision with the rest of the United Kingdom. I commend the draft regulations to the Committee.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Emma Hardy)
I thank all hon. Members for their contributions. I particularly pay tribute to our colleagues from Northern Ireland for coming and sharing their perspective on this and how it relates to the communities they represent. I will do my best to respond to the questions.
Affordable and accessible dental care is important to many of us, so it is no surprise that we have had such an interesting discussion covering many points. Not all will be directly related to the statutory instrument, but that does not mean it is not important that we cover them. I will try my best to run through many of the questions raised today.
On the proposed updates to regulations and what action we are taking, the United Kingdom will lay legislation this year to prohibit the import, export and manufacture in Great Britain of a number of products, including those containing additionally added mercury. We are already, as the United Kingdom Government, looking to reduce mercury use across the whole of the United Kingdom. These products will be phased out in Northern Ireland by the EU mercury regulations. The legislation will prohibit several mercury-containing products, including fluorescent lamps, photographic film and paper, and propellant for satellites and spacecraft. This contributes to our goal of protecting human health and the environment from the harmful effects of mercury. That offers some reassurance that the Government are looking at mercury across the whole of the United Kingdom.
We are currently working to assess the future use of dental amalgam across the UK ahead of the Minamata convention. We have engaged with Wales, Scotland and Northern Ireland, ready for discussions at the Minamata convention’s conference of the parties next month to look at what we are doing as a country. On the assessment of how this will impact Northern Ireland over time, Northern Ireland’s Department of Health will consistently monitor and evaluate the provision of both amalgam and non-amalgam fillings, along with regular consultation with professional dental organisations to obtain feedback on any issues that might come up. In addition, the national plan for phasing out dental amalgam, which will be developed to support a smooth transition, will provide important information as we proceed.
On Northern Ireland’s involvement in preparing for Minamata, Northern Ireland is having conversations, along with the Scottish and Welsh Governments. In response to the question from the Opposition spokesman, the hon. Member for Keighley and Ilkley, stakeholders like the British Dental Association referred to being able to phase out dental amalgam in evidence given to the Northern Ireland Assembly, which was considered when working with the Northern Ireland Departments. The specific arrangements for Northern Ireland allow for its continued use and import until 2034. This date will be brought forward if parties to the Minamata convention agree to an earlier phase-out date. The UK, along with the EU, is a signatory to the convention and we would be bound by that decision.
There was an investigation by the Democratic Scrutiny Committee at the Northern Ireland Assembly, and the Windsor framework set out to address the democratic deficit challenges in Northern Ireland by establishing democratic safeguards, including the Stormont brake. Following the work of the Northern Ireland Assembly, we made representations to the EU, which made the changes to the mercury rules for dental amalgam. As far as I am aware—I have asked officials to check—there is no manufacturer of amalgam in Northern Ireland, so that should not have an impact. On the Windsor framework more broadly, we work constructively with all stakeholders—the EU, the Northern Ireland Executive, political parties, businesses and civil society in Northern Ireland—to achieve these aims.
As we consider the instrument before us, it is clear that our approach must balance regulatory compliance, environmental responsibility and the practical realities across the United Kingdom. Our actions are guided not only by domestic priorities but by our international commitments under the Minamata convention and the evolving expectations of our global partners. As further discussions occur at international level, the UK will continue to play a constructive role grounded in evidence and a shared commitment to progress. I thank all Members for their contributions.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Control of Mercury (Enforcement) (Amendment) Regulations 2025.