Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2020

Baroness Ritchie of Downpatrick Excerpts

Monday 16th November 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I offer my thanks to the Minister for updating us and giving us the background to these regulations. It is clear that they update the legislative framework for consumer protection, and I note that their principal purpose is to make changes to a previous statutory instrument, the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019.

However, several questions arise as a result of this, and I would like to pose them to the Minister. The first is general: I have increasingly found that many, particularly older, people are subject to scamming. As a result of this, they could provide money to—shall we say—undisclosed sources, thinking that there could be problems ahead for themselves. Could the Minister detail whether this statutory instrument will prohibit this sort of activity or whether the Government are considering future legislation to deal with this element of consumer protection? This form of scamming is now happening on a continuous and persistent basis, leaving many people vulnerable, and it needs to be addressed.

In relation to the statutory instrument under discussion, do the Minister and the Government feel and assert that the provisions within these regulations are equal to, better than or substandard compared to the EU regulations that they seek to replace? How will this statutory instrument intersect with the common frameworks process? I declare an interest as a member of the Common Frameworks Scrutiny Committee. The process is meant to allow devolved Administrations to come to a common approach on how they manage divergence. Following the enactment of this SI and bearing in mind the restrictive nature of some of the provisions within the United Kingdom Internal Market Bill, will the devolved Administrations have a voice in any consultation on outlining frameworks for consumer protection?

I note that the Northern Ireland Assembly has given consent to the UK Government to legislate for it in respect of this piece of legislation, and that that involved it passing a legislative consent Motion. How do the Government intend to work with the Northern Ireland Executive and Assembly in relation to the general issue of consumer protection following the enactment of these regulations? How will the Northern Ireland protocol play in relation to these regulations, with specific reference to the regulation in Part 4B? I think that the noble Lord, Lord Empey, has already presented the political conundrum in relation to the protocol. I suggest that that should be further added to the common frameworks process.

With reference to the Northern Ireland protocol, and with particular reference crystal glass, footwear and textiles, these regulations have been redrafted to ensure that they do not affect the operation of the Northern Ireland protocol, according to the Explanatory Memorandum. I understand that that is important for ensuring that business can be pursued without being hindered or hampered.

There is also a need to ensure that flexibilities are inbuilt to ensure that Northern Ireland retailers and consumers are protected, are not subject to undue prohibitions or severe tariffs as a result of the protocol and do not end up in prohibitive lists. Can the Minister assure me that this not will be the case and that business activity and transactions can take place unhindered, that consumers would still have access to high-quality goods and that their rights will be protected at all times?

Finally, with regard to the views of the Joint Committee on Statutory Instruments on defective drafting, with special reference to the Enterprise Act 2002, to allow lower and superior courts in all UK jurisdictions to make interim and final online interface orders as part of that enforcement, is the Minister confident that these are now adequately drafted and will be resistant to legal challenge?