Draft Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026
(Limited Text - Ministerial Extracts only)
Read Full debateThe Committee divided: - Ayes: 11 / Noes: 4 - Question accordingly agreed to.
The Parliamentary Under-Secretary of State for Business and Trade (Kate Dearden)
I beg to move,
That the Committee has considered the draft Supply of Machinery (Safety) (Amendment etc.) and the EU Machinery Regulation (Enforcement etc. in Northern Ireland) Regulations 2026.
It is a pleasure to serve under your chairship, Ms Jardine. This statutory instrument was laid before the House on 1 June 2026. I will begin by setting out the background. The instrument concerns machinery, which includes a wide range of workplace and consumer products such as cranes, excavators, leaf blowers and lawn mowers. The current framework for machinery safety is, like many other product regulations, based on EU rules that were assimilated into UK law following our departure from the European Union.
The current EU directive and our UK regulations were first introduced in 2006 and 2008, respectively. Members will appreciate that machinery has adapted and advanced significantly in that time. As such, it is important that we review our legislation to ensure that it is fit for purpose and accounts for potential risks from new and emerging technologies, as well as changes in supply chains and how they operate.
I will now explain in more detail how the instrument meets its purpose. It has two functions: first, it ensures that updated EU machinery legislation can be fully enforced in Northern Ireland, as required under the Windsor framework; and secondly, it amends domestic legislation so that machinery that meets the updated EU requirements can continue to be placed on the market in Great Britain.
The SI will introduce mechanisms to allow the EU’s new machinery regulation to be enforced effectively in Northern Ireland. The EU has updated its machinery rules through a new regulation that will apply from 20 January 2027, when it will replace the existing directive. The SI will give full effect to the machinery regulation in Northern Ireland by establishing a robust enforcement framework. It designates enforcement bodies, including the Health and Safety Executive for Northern Ireland and district councils, and makes it an offence to fail to comply with obligations under the regulation.
The instrument also provides for appropriate penalties, including fines and custodial sentences. This ensures that effective enforcement action can be taken where products are non-compliant. I reassure Members that the Northern Ireland Department of Justice has confirmed that the measures will not have a detrimental impact on the criminal justice system. In the vast majority of cases, compliance should be achieved through engagement and support for businesses rather than recourse to criminal sanctions. However, it is essential that penalties are available in serious cases of non-compliance.
The instrument also provides for the continued role of UK-notified bodies in certifying machinery for the Northern Ireland market using the UKNI marking, a conformity marking that must be displayed alongside the CE marking when used for goods placed on the Northern Ireland market.
In Great Britain, the instrument continues CE recognition, allowing businesses to place on the GB market goods that meet certain updated EU requirements, avoiding costly duplicate conformity processes. It achieves that by amending legislation to ensure that machinery that meets the relevant requirements of the EU machinery regulation can still be placed on the GB market. The instrument also includes provisions relating to Northern Ireland qualifying goods, ensuring that products in free circulation in Northern Ireland continue to benefit from unfettered access to the GB market.
The EU’s machinery regulation aims to respond to new technological developments by introducing updated provisions that include clarified responsibilities across the supply chain, including clear importer and distributor obligations; provisions for digital documentation to reduce environmental impacts; and mandatory third-party assessments for certain high-risk products. The Government’s position is that those changes are beneficial, sensible and proportionate, and reflect how the machinery industry has developed since the previous regulations were introduced. As such, the Government will introduce a second SI in due course that will update legislation in Great Britain in line with requirements in Northern Ireland.
The approach we are taking will support economic growth by eliminating costly duplicative processes, reducing unnecessary burdens on businesses, and helping to maintain the UK’s competitiveness with other markets. It will also support commitments in our trade strategy to reset the UK’s relationship and facilitate easier trade with the EU. It will protect the UK internal market and the free flow of goods between Great Britain and Northern Ireland, while also improving trade with the EU and other partners.
My officials have carried out extensive stakeholder engagement regarding the future of machinery legislation in the UK. We ran a call for evidence last year and gathered verbal feedback through a series of roundtable events held across 10 locations and attended by more than 200 stakeholders. My officials engaged with businesses and trade associations across the UK and in key global markets. Stakeholders were supportive of modernising machinery safety requirements and continuing CE recognition, to reduce costs, support trade and maintain competitiveness.
We received several responses from businesses in Northern Ireland and held two roundtable events in Belfast. There was broad support among stakeholders for the measures being introduced, including those to modernise and strengthen safety requirements. Many Northern Ireland stakeholders also expressed support for continued CE recognition in Great Britain. They told us this would ensure a clear and consistent approach to machinery regulation across the whole of the UK internal market.
As the Committee is aware, we have already announced our approach in respect of introducing measures similar to those in place in the EU and Northern Ireland. Officials have also proactively engaged with the devolved Governments and enforcement authorities throughout the policy development and legislative process to discuss the upcoming changes and ensure they work for all parts of the UK. No significant issues have been raised with my officials, and we continue to engage regularly with stakeholders. It is clear from our engagement that this legislation is in the best interests of both industry and consumers across the UK, including in Northern Ireland.
The Government are taking proactive steps to ensure that industry is well supported in complying with the new requirements. The approach we are taking reflects the feedback we have received from stakeholders and is designed to work in the best interests of business as well as consumers. The changes have been widely viewed as a pragmatic solution to support competitiveness, particularly for small and medium-sized enterprises and sectors with more limited resources. As machinery is a global sector, many businesses that manufacture and supply machinery have already begun preparing to meet the updated requirements to continue trading with Northern Ireland and the EU. Through our engagement with industry, officials have not identified significant adverse impacts arising from the instrument.
The Government remain fully committed to supporting businesses in Northern Ireland. In the most recent Budget, we announced a £16.6 million UK internal market package to help businesses to adapt to the evolving regulatory landscape. We will also provide clear and timely guidance to give businesses the support they need to comply with the requirements with confidence and certainty. I commend the draft instrument to the Committee.
Kit Malthouse (North West Hampshire) (Con)
I am grateful to be called, Ms Jardine. I do not want to detain the Committee too long, but I have some points of clarification for the Minister.
First, will the Minister confirm that the regulations concern the enforcement of machinery standards that flow into Northern Ireland by dint of the Windsor framework without any parliamentary scrutiny whatsoever in the UK, and that Northern Ireland will be forced to comply with the regulations without having any say in them whatsoever? On that note, did the UK Government have any beneficial influence over the EU production of the regulations, or will we just get what we are given? The Minister will understand that one doubt about the Windsor framework arrangement with Northern Ireland was the democratic deficit—the fact that we would be rule takers rather than rule makers—and this instrument looks like an example of that, so it would be great if the Minister could confirm that that is the case.
Secondly, will there now be much reverse engineering of wider GB machinery safety regulations to conform with what has been handed down to Northern Ireland? We obviously want to maintain the free flow of goods across the whole of the United Kingdom but, as I read it, in order for that to happen and for the convenience of business, UK businesses as a whole will have to conform to that which has been handed down to Northern Ireland by the EU. If we have had no say in that, it would be helpful to have the Minister’s assessment of whether the regulations are satisfactory for the whole of the United Kingdom or whether they increase the burden. I, too, was disappointed by the lack of any impact assessment in the explanatory memorandum to look into the wider domino effect on the whole of the United Kingdom. I would be grateful for the Minister’s view on that.
Thirdly, unless I have this wrong, it is implicit in the way the structure works that businesses in Northern Ireland will now have to comply with two labelling regimes. They will have the European CE labelling regime and a UKNI labelling regime. That is an added burden, particularly for smaller manufacturing businesses, yet we see no assessment of the impact in the explanatory memorandum. Has the Minister spoken to businesses about what dual labelling will represent? What inconvenience and cost will that put on small businesses?
Finally, as the Minister will know, the regulations include quite draconian penalties. What is the parliamentary accountability for the enforcement regime? We will be enforcing regulations that have been imposed on part of the United Kingdom without any democratic scrutiny. What will be the accountability mechanism for their operation and enforcement? I recognise that much of this comes out of the fact that we exited the European Union in a particular way, but it is, in microcosm, quite an interesting example of some of the conflicts that were highlighted to us during the Brexit process, which some of us attempted to solve.
My overall concern is that this change might be a crack in the door to required general UK alignment with EU regulations, which might not suit us overall and might put us at a disadvantage, not just for our internal market but for a wider market in the world more generally that looks to the British machinery-manufacturing industry with some hope of buying quality goods.
Sammy Wilson
The standards applied to machinery made in Northern Ireland will be different from those applied in other parts of the United Kingdom. The hon. Member asks about the detail, but very often we do not know the cost until we actually have to apply the different standards. For example, in Northern Ireland we export a lot of agricultural machinery, and if the standards imposed by the EU require more work, more materials and more safety devices than those applied in the rest of the United Kingdom, there will be a cost.
We do not know until we actually see the standards applied and compare them with the rest of the United Kingdom. Because we export a lot of that machinery to GB, businesses could be at a competitive disadvantage due to the cost of enforcement. There is also the cost on councils.
Kit Malthouse
To be honest, the hon. Member for Edinburgh South West makes a good point. Presumably, he will vote in favour of enforcing the underlying regulations, but none of us know whether they are any good. In fact, we have had no say over whether they are any good—we just have to take them as handed down.
I asked the Minister earlier whether the UK, knowing that we have to accept them, whether we like it or not, has had any influence on trying to ensure that they actually do what they are supposed to do. To a certain extent, both sides of the House are blindly voting on the regulations, because we have had no hand in putting them together.
Sammy Wilson
Not only have we not had a hand in putting them together, but we have not even done an impact assessment, and we have not done an impact assessment because that is out of scope, as this is part of the Windsor framework. Of course, there is also the cost on local councils in Northern Ireland of implementing the regulations. I do not know what that will be, and I suspect that none of the councils have even been consulted on what additional staff will be required or what costs it will impose on them.
When we pass a piece of legislation, we should at least ask these questions. First, does it make one part of the United Kingdom different from another? It does, and the explanatory notes show that that is the case. Secondly, is it necessary? Given that the only necessity highlighted in the explanatory note is that we do not want to upset relations with the EU, I am not so sure that that is a justifiable reason for passing the legislation. Lastly, if we are passing legislation, surely we should know what impact it will have, and we do not know what impact this will have. For all those reasons I say to Members that before we carelessly vote in favour of this change, let us at least consider those points.
Kate Dearden
I thank right hon. and hon. Members for their consideration of the draft regulations and their contributions to the debate. They raised a significant number of issues that I will pick up on in my response.
First, on our product regulation legislation, since getting into Government we have legislated for the flexibility to ensure that product regulation, now and in future, is tailored to the needs of the UK. There will be some instances where we will take our own approach and some instances where we will want to take a similar approach to the EU. However, we have done that, and will continue to do that, on a case-by-case basis, where it is absolutely in the best interests of UK businesses and consumers and in our national interests.
The arrangements under the Windsor framework are a settled and important part of UK law, agreed by Parliament to protect the UK internal market. We have made the sovereign decision that is right for the whole of the UK to improve safety and modernise in particular machinery legislation, which we are discussing today, to reduce duplicative and costly burdens on businesses and ensure that there is no friction with the UK internal market. As I mentioned in my opening remarks, our approach is supported by the overwhelming majority of stakeholders.
This SI does not implement EU law in Great Britain; it does, however, continue CE recognition in Great Britain so that products that meet the new EU requirements can be placed on the GB market. That is not a new concept, but the continuation of current Government policy and the policy of prior Governments. The UK and the EU are strategic partners, and it is in our mutual interest to maintain trade flows and avoid trade friction, while responding to emerging technologies and maintaining a commitment to product safety and consumer protection. Mutual transparency and regular discussions are an indispensable part of that.
Informed by our engagement with industry, the Government have reviewed the changes introduced by the machinery regulation, and we believe that they are sensible and proportionate and will ensure that safer products are available to consumers and businesses alike. That is why we are continuing CE recognition and seeking to introduce similar measures in GB. As I have said before, we are prepared to align with EU regulation, but we will take a pragmatic, case-by-case approach, doing it where it clearly advances the national interests, supports long-term growth, promotes consumer interests, attracts investment and supports jobs. Where that is not the case, we will take a different approach to deliver the best outcomes for businesses and consumers in the UK.
At the centre of any long-term plans for the alignment between Great Britain and Northern Ireland, we will maintain the integrity of the UK internal market and Northern Ireland’s rightful place within it. My officials engage with the Northern Ireland Government and enforcement authorities on a regular basis to discuss any issues or concerns they might have, and that close relationship will remain ongoing. The right hon. Member for North West Hampshire mentioned Northern Ireland businesses and dual labelling, and I thank him for raising that. The answer is no: they can continue to CE mark only, and UKNI marking is optional if the conformity assessment is in the UK.
The shadow Minister, the hon. Member for West Worcestershire, and a number of Members on the Opposition Benches, mentioned the impact assessment for this SI. As she knows, a de minimis assessment has been prepared for the provisions of this instrument relating to continuing CE recognition in Great Britain. These measures are considered to have a low impact per business from their introduction, and that is additionally the case for the Northern Ireland aspects of this instrument. The measures resulting from the European Union (Withdrawal) Act 2018 are out of scope of the assessment. The Windsor framework is already given effect in legislation through the European Union (Withdrawal Agreement Act) 2020, which adds provisions and powers to the 2018 Act.
Kit Malthouse
I am finding it hard to understand how the Minister can claim that there will be no impact on businesses in Northern Ireland. To give a practical example, many production lines nowadays have built-in AI safety monitoring systems. At the moment, companies in manufacturing have to certify that AI against a national standard, and they can self-certify. As I understand it, the EU regulations around AI and cyber-security would mean moving to a notified body certification system. If I had a production line, I would have to go out and find a recognised body to come in and independently certify the software behind the safety system in my manufacturing line as compliant. That has to be an extra cost—how can going from self-certification to external certification by an outside body not have a significant impact? As far as I can see, these regulations are riddled with those kinds of changes, which must impose a significant cumulative burden.
Kate Dearden
The right hon. Gentleman rightly raises AI and cyber-security as part of our considerations. That is why it is so important that we keep up to date with technological developments and the impact on machinery. The EU’s machinery regulations, as he says, include provisions on software and AI to ensure that those new technologies do not affect the safe functioning of machinery. We are also working with the EU to ensure that the changes in Northern Ireland are compatible with wider product safety and regulatory reforms, including cross-cutting legislation on AI and cyber-security.
Overall, we expect the instrument to benefit Northern Ireland. We have extensively engaged with stakeholders in Northern Ireland, and SMEs in particular have indicated that it significantly helps in terms of resources—that is from our direct engagement with those businesses and the feedback we have received. It is a key consideration for businesses that they will be able to continue to benefit from dual access to both EU and UK markets. As we work towards introducing similar measures in Great Britain, continuing CE recognition and ensuring that the same machinery products can be placed on the market across the whole of the UK without unnecessary duplication of testing and administrative process will be absolutely vital.
The shadow Minister asked about the numbers of businesses involved. We estimate that around 230 businesses in Northern Ireland and 5,380 in Great Britain are in scope of the machinery legislation. She also referenced the £16.6 million of funding that I mentioned in my opening remarks. Funding was allocated in the Budget to deliver an enhanced “one-stop shop” advice service for small businesses beyond what is available on gov.uk, along with the new funding for Intertrade UK, and that commitment will be delivered in the course of the next financial year. The project has moved into a phase of more active engagement, with robust interest from stakeholders. Formal co-design workshops are ongoing to refine the service specification and ensure that the delivery model meets business needs.
I have briefly touched on the implementation of similar measures in Great Britain. My officials have already begun actively developing a further SI to modernise GB machinery regulation, which will ensure that the UK framework remains proportionate and aligned with the technological developments raised numerous times throughout this debate. Announcements about implementing similar measures have already been made, to provide businesses with the certainty that the shadow Minister also asked about.
The right hon. Member for North West Hampshire referenced enforcement and parliamentary scrutiny. The day-to-day enforcement of product safety legislation is largely local. For machinery in Northern Ireland, it would generally be undertaken by the Health and Safety Executive for Northern Ireland or by district councils, for workplace and consumer products respectively. However, the Secretary of State has enforcement powers under legislation, as the Office for Product Safety and Standards has an active enforcement role on behalf of the Secretary of State, particularly where issues are nationally significant, complex, novel, high risk or large scale. For example, the OPSS can intervene where a product risk affects consumers nationally or where co-ordinated enforcement action is needed across multiple agencies. I hope the right hon. Gentleman understands that enforcement will remain as it is under the current regime and that nothing will change; I hope that reassures him and answers his question.
When it comes to parliamentary scrutiny of CE recognition under the Product Regulation and Metrology Act 2025, we have consulted with stakeholders, and Northern Ireland provisions are done as part of the Windsor framework, which I touched on right at the start of my remarks. As the right hon. Gentleman knows, the parliamentary process uses the affirmative procedure.
To conclude, we are using the PRAM Act powers, as I have mentioned, for CE recognition, which requires consultation with stakeholders. UKNI marking will only be used by a UK notified body; otherwise, it will be a CE mark only. We have heard that from businesses in Northern Ireland through that stakeholder engagement, and that is what they have told us.
As explained previously, this draft instrument ensures the effective enforcement of the EU machinery regulation in Northern Ireland. It maintains access to the GB market for compliant products and supports high safety standards while minimising unnecessary burdens on business. This draft instrument also ensures our compliance with international law in relation to Northern Ireland’s continuing dual access. I am pleased to commend this draft instrument to the Committee.
Jim Allister
Will the Minister address my question about what impact, if any, there is on GB-Northern Ireland sales?