Road Vehicles (Type-Approval) (Amendment) Regulations 2025

(Limited Text - Ministerial Extracts only)

Tuesday 25th November 2025 Grand Committee

[Lord Moylan (Con)]

My Lords, there has been such a remarkable degree of unanimity of view on this topic, especially from the voices from Northern Ireland, that I worry that I may start by saying some things that sound a little harsh. The first is that I do not accept the proposition that Northern Ireland voted to remain in the European Union. That question was not on the ballot paper. The question on the ballot paper was whether the UK should remain in the European Union or leave, and the fact that a certain geographical part in this UK-wide vote happened to vote one way or another is merely a fact of historical interest: it has no legal or practical effect. It is like saying that London voted to stay in the European Union. What one means is that the majority of people in London voted for the UK to stay in the European Union. That is perfectly true, but nothing flows from it. To imply or claim that something flows from it in the case of Northern Ireland, I think, is a mistake.

The second thing I want to say is that I rather resent, especially having myself been a staunch supporter of Brexit in 2016 and still being so, the fact that debates such as this are used by certain colleagues, not least the noble Baroness I am following, to continue to claim that everything is the fault of Brexit, and would not it be wonderful if we reversed it all and went back and joined the European Union. There is very little basis for that claim.

I discovered something interesting in the course of this. Like, I suspect, certain other noble Lords who are not great experts on vehicle type approval, I assumed that the Windsor Framework—remember that the Northern Ireland protocol was going to give the best of both worlds to Northern Ireland—meant that the people of Northern Ireland would bask in the luxury of being able to choose between a rich array of vehicles emanating either from Great Britain or from the European Union, as suited them. In fact I discover, and I am going to quote here briefly from the UK Vehicle Certificate Certification Agency, that:

“While EU and UK(NI) type approvals”—


note the plural there—

“follow the same legislative requirements”—

in other words, they have to have the same content—

“they are considered as separate legislative frameworks. The GB type approval scheme is another separate legislative framework”.

So, in fact, for the people of Northern Ireland, having the best of both worlds, in the case of vehicles, means having access to neither world but having access to their own world only. Since manufacturers, as has been explained, are not that keen to manufacture for this relatively small world—this delicious, beautifully shaped and richly endowed but none the less relatively small world of Northern Ireland, choice is running low.

The noble Baroness, Lady Ritchie, explained the difficulty she had in acquiring her car, and I am sure that other stories can be advanced of a similar character. There is nothing, at the moment at least—I would be grateful if the noble Lord could say that this will continue to be the case when these regulations come into effect—to prevent somebody who lives in Northern Ireland going to Britain, buying a car, taking it back, presumably registering it in Northern Ireland, paying its tax in Northern Ireland and so on. So that can happen, but the result, of course, is that the automotive industry in Northern Ireland—that is, the dealerships but also to some extent those parts of the industry that are involved in maintaining cars and doing all those things—will be gutted, because they will not be selling any cars; everyone will be nipping over to Britain to buy a car.

Of course, they could go across to the Republic to buy a car, I presume, but the Republic does not manufacture any cars and they are quite expensive, so Britain is the place to go. But that does not mean that they will necessarily get all the advantages that they would get in buying a car in Britain when there are sales, discounts and so forth, so it is not a satisfactory situation. It is not the best of both worlds—that is the point—and that is what was promised to the people of Northern Ireland. In other words, this is not working for the people of Northern Ireland.

The Government may say that this is not a situation of their making but one they inherited from the previous Government, and that of course is a perfectly fair point. But one of the consequences of being in government is that problems created by other people land on your plate, so it is for the Government to come up with a solution to this, and these instruments do not represent a solution. They are not addressing the problem that exists, so I second those noble Lords from across the Commitee who have asked the Minister to say what the solution is. Everyone has said that this is not the solution, but what is the solution for addressing these real and practical problems that exist in Northern Ireland? We are looking for a practical solution—not an ideological one or one that is to do with whether the EU is a good thing or a bad thing, but a practical solution that means that Northern Ireland can have access to vehicles on at least as good terms as the people of Great Britain. I look forward to hearing what the Minister has to say about that.

[The Minister of State, Department for Transport (Lord Hendy of Richmond Hill) (Lab)]

My Lords, I thank the noble Lord, Lord Dodds, for bringing forward these Motions and all who have contributed to the debate on these statutory instruments, which are very technical and cover a range of subjects that make up a small part of the type approval requirements for road vehicles. The instruments themselves are part of a continuing process to ensure that the regulatory requirements that apply to cars, vans and other road vehicles keep up with the fast pace of technological developments in the automotive industry. In the absence of updates such as these, the type approval requirements would rapidly become out of date and no longer be fit for purpose. Regular updates are necessary both to ensure that new vehicles meet the highest standards for safety, security and environmental performance and to support the introduction of new technologies and features to benefit UK drivers.

The international nature of vehicle production means that most technical regulatory requirements are harmonised around the world. These are developed in the United Nations by experts from countries as far apart as Japan, Australia and South Africa, but also by experts from the United Kingdom and from European Union member states. More than 70% of GB requirements derive from the United Nations requirements. For instance, the statutory instruments we are discussing today applied in Great Britain the UN regulation on automated lane-keeping systems, UN Regulation 157. These are some of the first examples of self-driving systems, and the statutory instruments allow manufacturers to bring these safely to market.

These statutory instruments also recognise another UN regulation concerning anchorages in vehicles—as the noble Lord, Lord Kirkhope of Harrogate, remarked—that allow child restraints to be safely installed. These UN regulations have been adopted across the globe, including the EU, and it makes sense that they should also apply in the United Kingdom. Through the application of these international regulations, UK experts continue to play an important and influential role in setting the regulatory requirements that apply across the United Kingdom.

These amendments will also ensure that a safety system known as eCall continues to work effectively as the mobile signals it relies on switch from the older 2G and 3G standards to the newer 4G and 5G standards. The eCall system works by automatically calling the emergency services in the event of a severe crash, improving response times—especially in single-vehicle accidents in remote areas. In the absence of these amendments, safety would be lowered. My department consulted on these amendments, both publicly and with the devolved Administrations, and the responses showed overwhelming support for the proposals and for the approach to ensuring that GB regulations remain aligned with those in the EU.

[Lord Kirkhope of Harrogate (Con)]

I apologise for interrupting the Minister. I am looking at the Explanatory Memorandum for these regulations. Let me just read out paragraph 5.12, which says:

“Type approval authorities of Governments (‘contracting parties’) that sign up to an internationally agreed specification”—


here, it is referring to the United Nations regulation—

“are permitted to issue approvals to vehicles or components that comply with that regulation. Contracting parties”—

that must include the EU as well as the UK—

“must accept vehicles and components type-approved by another contracting party that is a signatory to the relevant UNECE regulation”.

Does the Minister not think that that brings not a solution, perhaps, but something where the Government can act to make sure that there is a benefit to Northern Ireland in this matter?

[Lord Hendy of Richmond Hill (Lab)]

I am grateful to the noble Lord; I will come back to that point, if I may. I am sorry—I have lost my train of thought.

[Lord Kirkhope of Harrogate (Con)]

My apologies.

[Lord Hendy of Richmond Hill (Lab)]

It is okay.

I am mindful of the concerns that have been raised around businesses in Northern Ireland—I will come back to that point in a moment—and the challenges that, as we have heard, they face. It is important that dealers and consumers in Northern Ireland are not restricted in their choice of vehicle brands and models, and have the same choice as those across the rest of the UK. The GB-type approval scheme, which these statutory instruments amend, was designed to support manufacturers to mark vehicles with both an EU and a GB approval; the Government fully expect manufacturers to do so.

The technical requirements in the GB scheme are such that vehicle manufacturers can design and approve a single vehicle for the entire UK market. They do not need to conduct additional testing for the GB market or fit components that differ from those used on vehicles intended for the market in Northern Ireland. The updates to the GB scheme made by these statutory instruments preserve this situation and avoid divergence that could prevent the free movement of new vehicles throughout the UK. The interests of both the UK Government and the European Union are the same: we both want vehicles that are safe, clean and secure. UK and EU officials will continue to work together in UN forums to ensure that the regulations reflect this common aim.

None the less, the Government are aware that there is apprehension among some manufacturers and dealerships regarding the potential for future divergence between Great Britain-type and Northern Ireland-type approval systems. To that end, my department has reassured businesses that they should operate on the basis of an explicit presumption of alignment between the GB and the EU schemes. Again, this reflects the shared objectives of improving vehicle standards and working together to develop common technical regulations; it also demonstrates that this Government are committed to providing certainty and clarity to business by ensuring that the type approval regulations remain up to date while easing administrative burdens and supporting trade. My colleague in another place, then the Minister for Roads, wrote to the Society of Motor Manufacturers and Traders on 25 June specifically to set out both that commitment and our concern that the basis of the presumption should always be that it will be aligned between the GB and the EU schemes.

These statutory instruments reflect this approach by aligning with the EU on eCall, making sure that the GB scheme uses the same test procedures and applies the same UN regulations. The Government fully expect that vehicles will be dual marked wherever possible to ensure that they can be sold across the United Kingdom. Moreover, we monitor developments and have listened to concerns raised by businesses in Northern Ireland, where it appears that legislation might inadvertently create distortions in the marketplace. We continue to safeguard Northern Ireland’s place within the UK internal market; indeed, the Exchequer Secretary to the Treasury announced in July that we intend to legislate for a UK-wide easement in the benefit-in-kind tax applicable to vehicles in order to address concerns that the recent move to a new emissions level, known as Euro 6e, would unfairly affect customers of vehicles that meet the new emissions standards.

--- Later in debate ---

[Lord Moylan (Con)]

The Minister is talking about his conversations with manufacturers to ensure that they offer models that are available in GB and in Northern Ireland. How does he conduct those conversations with manufacturers that are not based in Britain and are not manufacturing in Britain? Do they pay any attention?

[Lord Hendy of Richmond Hill (Lab)]

The answer is that the Society of Motor Manufacturers and Traders represents all manufacturers. Most vehicles are produced in various countries around the world. My understanding, at least, is that they represent all of the manufacturers, wherever they are based. As the noble Lord knows already, I am sure, this is an international market, and it does not suit manufacturers to have many different types of the same vehicle. What we are talking about here are our best efforts to ensure that there are limited types of vehicle; that the types of vehicle that are produced are marketed in as many countries as possible; and, in particular, that the same vehicles are marketed in Great Britain as in Northern Ireland.

I hope that my earlier references to the influence of the United Nations have answered at least some of the questions asked the noble Lord, Lord Kirkhope of Harrogate. He pointed out paragraph 5.12 of the EM, which I will go away and look at. We are all, I think, trying to do the same thing here: have one set of standards deriving from world standards, to which the EU and UK standards ought to be as near as possible simply because these markets are very large. Manufacturers should be trying to make the same thing. What these regulations, among many other regulations, do—and what we must continue to do—is ensure that all of these standards are as consistent and equal as possible, in order to make manufacturers produce their vehicles to the same standard in as many places as possible.

[Lord Moylan (Con)]

I do not want to be unhelpful; I am genuinely trying to be helpful. I will make the point that I tried to make in my earlier remarks. The Minister is missing the point slightly when he talks about standards. It may well be the case that they have the same standards—for example, this widget may be exactly the same as the one in another car—but what is significant here is the legal basis of the certification regime. We have three of them in play. Even if they are all producing exactly the same standards, the certification is the difficulty.

[Lord Hendy of Richmond Hill (Lab)]

I certainly understand the noble Lord’s point. Given that we are working in this area, the best thing that the Government can do is to make sure that whatever rules apply are as easy to comply with as possible. If you have to comply with only one set of rules but the certification is duplicated, that is a very different thing from having to comply with two separate sets of rules.

[Lord Moylan (Con)]

That is the Windsor Framework.

[Lord Hendy of Richmond Hill (Lab)]

I think we are at common cause on that. My understanding is that complying with two sorts of certification with the same rules is not particularly burdensome. The assurances that we are giving to the manufacturers, wherever the vehicles are made, is: if the requirements are in harmonisation, it is a relatively easy process to make sure that the vehicles comply with any certification standards. We will see. The point that the noble Lord, Lord Dodds, raised, which I take completely, is that if the ranges offered are so limited, we have more work to do. That is a perfectly reasonable conclusion that we will seek to look at.

In response to my noble friends Lady Ritchie of Downpatrick and Lord Murphy, the Government are taking great care to ensure that they comply as much as they can. The answer to both is that the Government will respond to the report from the noble Lord, Lord Murphy, by the legal deadline of early January. The Government are doing their best to make sure, by inspection, that the rules that we have set out to apply are the right ones. The first report of the Independent Monitoring Panel concluded that the guarantee was fully met. However, I take the point that that is not the same as the practical implication of what we are debating this afternoon—which is the extent to which vehicle types, and therefore vehicles, are available in Northern Ireland—and our intention is that they always will be. I say to my noble friend Lady Ritchie of Downpatrick that we will work both with the Northern Ireland Office and my own department to do our best to ensure that what we set out to deliver is what is actually there.

The noble Baroness, Lady Hoey, referred to the date of the mandatory phase of GB-type approval as 1 February 2026. I say to her and other noble Lords that we will have more to say on that shortly, and ahead of that deadline, to make sure that the deadline is not a hindrance to these processes and is capable of being adhered to.

The only other thing I have to say to my noble friend Lord Murphy is: happy birthday. That is obviously the right thing to say.

The noble Baroness, Lady Suttie, asked me a variety of questions. It is our intention to continue to align with the European Union rules, simply because this is an international market and we will not get anywhere if our certification requirements are different. We want to make it as easy as possible for the manufacturers and vendors of motor vehicles to sell the maximum number of vehicles of the same description across those markets.

I cannot answer the noble Baroness’s question about oversight in the House of Commons; I do not know whether she expected me to, but I cannot. However, the objective is to ensure that we continue to align fully and that that results in the market in Northern Ireland being no less accessible to manufacturers and the choice for consumers being equal in Northern Ireland and Great Britain.

Lastly, the noble Lord, Lord Moylan, quoted the Vehicle Certification Agency. I will go away and see what it says, but I understand his point about the regimes. My point is that I do not think the requirement for dual certification, if the standards are the same, is particularly onerous, but I take the point that various noble Lords are raising about what is for sale in Northern Ireland. I will go away after this debate and seek both information and advice from the department to see to what extent we can concur with their conclusions about the lack of choice and the lack of sales, and see what else can be done. We will do that in good order before the GB type approval scheme moves to its mandatory phase in February 2026.

I hope I have demonstrated that the reason for these amendments—indeed, the reason why the Government will continue to make amendments such as these—is in order to keep consistency going. I hope I have demonstrated that we are listening to the concerns that have been raised, that we are committed to the continuing refinement of the type approval regulations, and that I will go away and take the points that have been raised by noble Lords very seriously in order that we can make a success of moving the GB type approval scheme to its mandatory phase from February next year so that the market in Northern Ireland is vibrant and the people in it can continue to function.

[Lord Moylan (Con)]

Does the Minster have an answer to my question about there being no inhibition on the people of Northern Ireland purchasing motor vehicles in Great Britain, taking them to Northern Ireland and registering them there as a result of these instruments, and the Government having no plans to inhibit or restrict that?

[Lord Hendy of Richmond Hill (Lab)]

I believe that what the noble Lord says is correct—you can buy a car anywhere in the United Kingdom and use it anywhere in the United Kingdom—but equally I take the point that that is probably not an especially helpful message to motor dealers in Northern Ireland, who probably do not want people to travel to England to buy cars, which would not be good for their business.

That is why the Government are concerned to make sure that that market is as vibrant as possible. I note that the noble Lord, Lord Dodds—I think it was him—said that 17,000 people’s jobs depended on it, so I should take note of that.

[Baroness Ritchie of Downpatrick (Lab)]

Will my noble friend the Minister consider working with Ministers in the Northern Ireland Office with a view to meeting the manufacturers’ association and those involved in car dealerships in Northern Ireland so that he is fully appraised of the whole picture and that he can provide some comfort to them? At the end of the day, that is what they are looking for.

[Lord Hendy of Richmond Hill (Lab)]

I thank my noble friend for that. I think her proposed remedy is the right one, which is to meet people who know what they are talking about and listen to them. If that is part of the solution here, I am sure that we should do that.

[Lord Dodds of Duncairn (DUP)]

I am grateful to all noble Lords who have contributed to this debate. I think we are all agreed that this is a very serious issue, as the noble Lord, Lord Murphy, said, for people in Northern Ireland. The noble Baroness, Lady Suttie, mentioned constitutional issues. I have sought in this debate to emphasise the practical problems, which are the outworking of some of these wider issues on the constitutional front that in my view are totally unnecessary, but we have to find solutions. I am therefore grateful to the Minister for his reply to this debate and for the tone and content of what he has said, in that he is going to take this away, take it seriously and talk to colleagues and those who matter to try to find solutions. That is what we would love to see happening. Up to now, I do not think there has been enough urgency, if I may say so, as the deadline has crept up and up. I am grateful to the Minister for his commitment. Knowing him and the way in which he operates, I know he will hold fast to that, and that will, I hope, deliver results.