Product Regulation and Metrology Bill [HL]

Earl of Lindsay Excerpts

Committee stage
Wednesday 27th November 2024 Grand Committee

[Baroness Finlay of Llandaff (CB)]

My Lords, I found the introduction to these amendments from the noble Lord, Lord Lucas, and the clarification from the noble Baroness, Lady Crawley, very revealing. It is a reminder that you can have a product made somewhere that comes into this country and then gets badged by lots of different people, but it is the same basic product with the same problems. The two examples that come to mind are the tumble dryers, when there was a fault in how they were constructed, and magnetic toys, which eventually got withdrawn. Several children ended up inhaling or swallowing small magnets that were in those toys, which were marketed under lots of different guises—but the basic product that came in included these little magnetic particles.

It has been a really interesting debate, because you can see that there is a point at which the trading standards people have the powers to intervene. I hope that, in responding, the Minister will able to describe to us how the powers are strong enough at the point of entry, rather than the trading standards people having to go after one label, then another and then another. That will be very heavy on workload and will not deal with the problem of an unsafe product being produced elsewhere and brought into the country.

[The Earl of Lindsay (Con)]

My Lords, I support most of the amendments in this group, but I particularly want to support the amendments in the name of the noble Baroness, Lady Crawley—namely, Amendments 31, 85, 97, 98 and 109. Some of those are also in the name of the noble Lord, Lord Foster of Bath. I declare an interest as president of the Chartered Trading Standards Institute. My predecessor in that role, of course, was the noble Baroness, Lady Crawley, hence our common approach to the issues raised.

In relation to Amendments 31 and 98, dealing with fulfilment houses, those houses play a critical role in the distribution chain, especially for products from overseas retailers. These amendments would ensure that they were accountable for product safety, thereby reducing the risk of non-compliant goods reaching consumers. Amendment 98 also addresses gaps in the supply chain. The fulfilment houses play a critical role in the distribution chain for overseas sellers and the amendment would ensure that they were accountable for product safety, reducing the risk of non-compliant goods reaching consumers, but would also require fulfilment houses to maintain compliance records and facilitate inspections. The amendment would increase traceability and accountability for the products that they handle. Furthermore, Amendment 98 aligns fulfilment houses with current due diligence obligations. While they already register for tax due diligence, this extension to product safety is a logical step towards ensuring safe consumer products across the board.

Code of Practice for the Forensic Science Regulator

Earl of Lindsay Excerpts

Monday 27th February 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, forensic science is vital to the investigation and prosecution of crime. Without high-quality forensic evidence entering the criminal justice system, our ability to fight crime would be compromised. We are fortunate in this country to have some of the world’s best forensic scientists, who deploy their considerable skills to help deliver justice, but we cannot rest on our laurels.

Public confidence in the criminal justice system is vital. This confidence can be undermined if quality standards in forensic science are not upheld or maintained. This Government believe that, in order to set appropriate standards, a degree of statutory regulation is required, which is why it has been long-standing government policy—since 2016, in fact—that the Forensic Science Regulator should have statutory powers. That is why the Government supported the Private Member’s Bill that became the Forensic Science Regulator Act in 2021.

The Act established the regulator as a statutory officeholder. It gives powers to the regulator allowing them to act, as a last resort, when they have reason to believe that forensic science activities are being conducted in such a way as to create a substantial risk to the course of justice. It also requires the regulator to produce a draft statutory code of practice. This code defines which forensic science activities will be regulated and sets out the standards that providers will be expected to meet. It is the first time that a statutory code regulating the provision of forensic science has been produced anywhere in the world.

This code has been through a comprehensive consultation process, which revealed broad support among the forensics community. In fact, 83% of respondents to the consultation, which included stakeholders from policing, the commercial sector, academia and the judiciary, expressed their support for the model of regulation set out in the code. By adhering to the code and complying with its requirements, forensics providers will ensure that the evidence they gather and present to the courts is of the highest quality, in turn helping to maintain public confidence in our systems.

In practical terms, this means that all forensics providers who deliver forensic science activities to which the code applies will have to declare compliance with the code. In addition, they may also need to attain accreditation and establish quality management systems for the activities they undertake. Non-compliance with the code will not in itself automatically mean that the evidence gathered will be inadmissible—it is always the courts who ultimately decide whether to accept evidence—but compliance with the code will reduce the risk of substandard evidence entering the system. Compliance with the code will make it far more likely that providers are producing high-quality forensic evidence to the courts. Compliance with the code will help protect the integrity of the criminal justice system and guard against miscarriages of justice.

I very much hope that noble Lords will support this code of practice, which I commend to the Committee. I beg to move.

[The Earl of Lindsay (Con)]

My Lords, I thank my noble friend the Minister for providing this opportunity to consider the Motion that the 2013 draft code of practice for the Forensic Science Regulator, laid before the other place on 26 January, be approved. I warmly welcome the Forensic Science Regulator’s code of practice as an important further step in ensuring the quality, consistency and integrity of our forensic sciences across England and Wales. The code builds on the non-statutory codes of practice and conduct issued by the previous regulator and incorporates much of their content.

I particularly welcome the code’s recognition of the importance of accreditation against internationally recognised standards in driving quality improvement, trust and confidence in the critical services of forensic providers. Technical competence and consistency across the mixed economy for the provision of forensic science services should be a vital part of a fair and functioning criminal justice system. This code of practice will help achieve that.

I should declare an interest as the chair of the United Kingdom’s national accreditation body, UKAS, which is the sole national body recognised by government for the accreditation of organisations against nationally or internationally recognised standards. Accreditation provides assurance of the impartiality and competence of providers, which we can all agree are imperative in the criminal justice system. UKAS and the Forensic Science Regulator have been working closely since the FSR role was first created; together, we have achieved consistent success in improving standards through the accreditation of forensic science providers in both the private sector and police forces. UKAS will continue to work closely to deliver the vision of the Forensic Science Regulator with respect to compliance with standards and, through the accreditation of forensic providers, the demonstration of the appropriate competence of the practitioners undertaking this critical work.

I believe that this code of practice will support and encourage a culture of improvement and a commitment to quality, competence and impartiality across forensic science provision. I am delighted to add my support to its approval.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I, too, warmly welcome this code of practice. As the Minister so eloquently pointed out, we have one of the best five forensic science services in the world and have made enormous strides in getting forensic science set on a course of absolute science, rather than old wives’ tales or police lore. That is a huge step forward, which this country has been instrumental in taking.

However, it is right to say that there have been several serious miscarriages of justice—I have sat on several of them—where forensic scientists have not behaved with competence or integrity or have gone beyond what they are qualified to speak about. I therefore warmly welcome the work of the two non-statutory regulators, Andrew Rennison and Dr Gillian Tully, and now the statutory regulator, Mr Gary Pugh, in all they have done to try to eliminate the problems that have caused difficulties in such cases.

The noble Earl, Lord Lindsay, has spoken eloquently about accreditation, which is key. Also key is the fact that, within organisations, there must be a senior appointed individual who can be made responsible for lapses that occur. I regard as the most important part of the code the part that sets out standards of impartiality and integrity. As I have said, there have been cases where this has not always been so. Much to my regret, in some cases, there has been a lack of professionalism. One must remember that forensic scientists are often put under a great deal of pressure; standards of integrity to resist pressure, particularly from police officers who are anxious to secure a conviction, are therefore essential. The record of what has happened is well known so I need not go into it.

Secondly, it is important to stress the duty of the court. Thirdly, I very warmly welcome—it may be due to Mr Gary Pugh’s personal integrity and experience—the duty to guard against miscarriages of justice.

It is also important that the code goes into detail. There have been serious problems in relation to footwear analysis, DNA and fingerprinting, and it is good to see those now firmly covered by standards. There has also been worry about the way evaluative opinions have been formed. Many experts—not merely forensic experts—stray outside their sphere of expertise and seek to act more as advocates than as independent experts, relying on matters to which the code refers. I am very glad, therefore, that there is a firm steer for evaluative opinions.

The strength of the code can be seen by the fact that it deals with infrequently consulted experts, making it clear that, although they are not subject to accreditation, they must abide the standards of the court. It is surprising to see the spheres in which expert evidence is often needed, and from people who will never have given expert evidence before, or where the court may never have had expert evidence. Therefore I see this as a landmark in trying to make certain that we buttress our outstanding reputation as a nation in forensic science and strengthen that position for the future.

I will ask two questions of the Minister. First, what is to be done to ensure that the code is publicised and enforced? Secondly—I have spoken on this on many occasions—is the Home Office really getting to grips with other issues in forensic science and taking forward the need to keep forensic science ahead of the game, particularly in digital forensics?

Forensic Science and the Criminal Justice System (S&T Committee Report)

Earl of Lindsay Excerpts

Monday 26th April 2021 Grand Committee

[The Earl of Lindsay (Con) [V]]

My Lords, I am very grateful to the noble Lord, Lord Patel, for introducing the report from the Science and Technology Committee on Forensic Science and the Criminal Justice System. This is an important report, which has not only shone a light on to some of the current failings and inadequacies of the use of forensic science within the criminal justice system but also makes important and much-needed recommendations for change and improvement. These recommendations are to be welcomed, and I very much hope that they will be carefully considered by all those working across this complex and multifaceted discipline. I recognise that some of the actions have been progressed since the publication of the report nearly two years ago, but it is particularly encouraging to note the successful progress of the Forensic Science Regulator Bill through both Houses, with just Royal Assent now awaited.

When enacted, the Forensic Science Regulator—the FSR—will gain long-overdue statutory powers. At this point, I declare an interest as the chair of the UK’s national accreditation body, UKAS. UKAS is the sole national body recognised by government for the accreditation of organisations against nationally and internationally agreed standards. It is in this capacity that I especially note the committee’s conclusions on the clear benefit of ensuring that the majority of forensic science providers are accredited to the appropriate international standards. Accreditation delivers assurance of the impartiality and competence of providers, which, I am sure we would all agree, is imperative within the criminal justice system.

I also welcome the recommendation that UKAS and the FSR work closely together to ensure that accreditation to relevant ISO standards is accessible and is progressed to ensure that the objectives of the FSR are realised. In fact, UKAS and the FSR have worked closely since the FSR role was first created. Together we have achieved consistent success in improving standards through the accreditation of forensic science providers in both the private sector and police forces, in line with the expectations of the FSR codes of practice and conduct.

As the FSR powers evolve, UKAS will continue to collaborate closely to deliver the vision of the FSR, focusing on clients with the required standards and, through the accreditation of forensic science providers, the demonstration of the appropriate competence of practitioners undertaking this critical work. In addition, UKAS and the FSR are able to share information through appropriate agreements, helping to support each other in their respective roles. The need for high-quality and reliable forensic services with sufficient capacity and capability to deliver the services required is a given. They are critical for a fair and functioning criminal justice system.

I therefore welcome and support the report’s conclusions calling for the delivery of strategic and accountable leadership, reflecting all the main stakeholders, to set the vision, strategy and agenda for forensic science. This leadership, vision, strategy and agenda are needed now more than ever as the shape of forensic science evolves to accommodate new technologies and changes in the types of crime and evidence needing to be examined. The recommendation to focus on building capacity within the digital forensics market will likewise be imperative to keep pace with demand.

In conclusion, I thank the noble Lord, Lord Patel, and his committee for the expertise and foresight they have brought to this excellent report. I add my support to their conclusions and recommendations.

Forensic Science Regulator Bill

Earl of Lindsay Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

[The Earl of Lindsay (Con) [V]]

My Lords, I thank the noble Lord, Lord Kennedy of Southwark, for introducing the Bill, which I warmly welcome as an important step in ensuring the quality, consistency and integrity of our forensic sciences across England and Wales.

The Forensic Science Regulator—FSR—has been calling for statutory powers for many years to ensure that, through its codes of practice, there is a level playing field within the forensic science sector in respect of quality. Experience has shown that it can often take statutory powers to ensure that this is achieved. For example, the statutory requirements in the Accreditation of Forensic Service Providers Regulations 2018 for fingerprints and DNA have resulted in a significant increase in the levels of accreditation, as opposed to other forensic activities, such as digital forensics, where no such requirement exists. It is therefore imperative for the sake of our criminal justice system that the Forensic Science Regulator is granted the statutory powers contained within the Bill to ensure that quality and impartiality are enshrined throughout forensic science.

At this point, I should declare an interest as the chair of the UK’s national accreditation body—UKAS. It is the sole national body recognised by the Government for the accreditation of organisations against nationally or internationally recognised standards. UKAS has worked with the Forensic Science Regulator since the role was created. The FSR sees accreditation as being an essential part of the regulatory framework to ensure technical competence and consistency across the mixed economy that now exists for the provision of forensic science services.

Many of the FSR codes of practice and conduct therefore include this need for forensic service providers and police forces to be accredited to the relevant international standards by specified deadlines. However, as noted by the noble Lord, Lord Kennedy, without the statutory powers included in the Bill, many providers have lacked the incentive to meet the regulator’s deadlines, and many of these deadlines have subsequently been missed. This has resulted in an uneven patchwork of accredited and non-accredited forensic services, with the inevitable consequence that the quality of service provision across the forensics landscape will be inconsistent.

In its most recent annual report published in January, the regulator noted how the adoption of quality standards underpinned by accreditation in areas such as fingerprint comparison has resulted in a number of significant improvements, including evidence of the competence of experts, the generation of validation studies, improved note-taking and the introduction of quality assurance mechanisms.

In conclusion, by further empowering the regulator, this legislation will drive a culture of continuous improvement and a commitment to quality, competence and impartiality across forensic science provision. I therefore look forward to supporting the Bill throughout its remaining stages.

Policing and Crime Bill

Earl of Lindsay Excerpts

Wednesday 14th September 2016 Lords Chamber

Moved by

[The Earl of Lindsay]

120: Clause 11, page 19, line 25, at end insert “, who may include appropriately qualified assessors from conformity assessment bodies which have been accredited by the National Accreditation Body as appointed by the Accreditation Regulations 2009 (SI 2009/3155).”

--- Later in debate ---

[The Earl of Lindsay (Con)]

My Lords, in moving Amendment 120 and speaking to Amendment 122, I should, at the outset, acknowledge the importance of strengthening the provisions in the Fire and Rescue Services Act 2004 by introducing a robust and independent regime for fire and rescue authorities in England. Equally, I recognise the desire to increase transparency and to ensure that the new inspectors have the powers to exercise their function to monitor and report on the effectiveness and efficiency of our fire and rescue service, and to take action where necessary.

I do however hesitate over the rationale behind the decision to limit the conduct of all inspection activity to public authorities and officers recruited into the Home Office, as the Government are potentially missing an opportunity to utilise the inspection expertise available outside the public sector. I should declare an interest in this matter as the chair of the UK Accreditation Service, which is the sole national body recognised by the Government for accreditation, against nationally or internationally recognised standards of organisations providing inspection services, as well as certification, testing and calibration. UKAS’s role and remit as the national accreditation body are enshrined in the Accreditation Regulations 2009 and, in addition, UKAS operates under a memorandum of understanding with the Secretary of State for Business, Energy & Industrial Strategy, on behalf of the Government as a whole. That memorandum of understanding requires UKAS to act in the public interest at all times.

UKAS itself is peer-assessed against strict international standards and we are able to demonstrate and in turn assess impartiality and independence as well as technical competence and consistency as being vital elements of all whom we are assessing. This is why UKAS accreditation is used with confidence across a wide spectrum of policy and regulatory areas.

Extending the clause as currently drafted to enable the chief fire and rescue inspector to utilise inspections by competent, impartial and independent inspectors from conformity assessment bodies, outside public authorities, provided they hold the appropriate accreditation from UKAS, would in no way compromise the effectiveness, transparency or credibility of the new inspectorate. On the contrary, it would help to enhance the inspectorate’s reach and impact. It would also help to cement and enhance its position by giving assurance that all inspection and audit activities are conducted by independent, impartial and fully competent personnel as demonstrated by their conformity with UKAS’s robust and rigorous requirements as the Government’s sole national accreditation body. Such an approach would also support the Government’s policy of risk-based regulation, enabling the new inspectorate to use its inevitably finite resources to target its inspection and audit activities to where they are most needed, which would benefit the inspectorate itself, compliant fire and rescue services and of course the public.

For more than a decade, the national accreditation body had a strong record in working with the Government to underpin better regulation, government efficiency and public sector reform. It has helped to reduce the regulatory burden on society and reduce the inspection costs incurred by regulators while at the same time ensuring that robust outcomes in terms of compliance and behaviour are in line with required policy or regulatory objectives. There are a number of examples where UKAS accreditation has been successfully used by regulators to support and complement existing regulatory regimes: specifically, accreditation has enabled regulators to use a more risk-based approach, which has resulted in a better targeting of resources by regulators. Where organisations have a UKAS-accredited inspection or certification in place against a recognised national or international standard, this has been recognised as a reliable indication of compliance and so has given regulators the opportunity to focus their efforts on those organisations where the risk of non-compliance is highest.

For example, the Forensic Science Regulator has recognised the importance of UKAS accreditation as a mechanism to ensure that the standards required by the Home Office are met and maintained. The Forensic Science Regulator Codes of Practice and Conduct for Forensic Science Providers and Practitioners in the Criminal Justice System require forensic science providers to hold UKAS accreditation in accordance with the statement of requirements contained in the code. The requirement to hold accreditation applies irrespective of whether the forensic science provider is public, police or commercial. I could cite other examples. For instance, the Care Quality Commission uses UKAS’s accreditation to increase its regulatory oversight and effectiveness. I should also add in passing that UKAS currently works closely with the Chief Fire Officers Association, the Fire Risk Assessment Competency Council and British Approvals for Fire Equipment on a number of accredited certification schemes.

Using accredited inspection in this way does not remove the requirement for statutory inspections. There is always a need for the possibility of statutory intervention when appropriate. However, supplementing statutory inspection with an accredited alternative can free up valuable additional resources in line with the established better regulation principles without compromising outcomes.

The introduction of the new inspectorate is an important step forward and is to be welcomed. However, I firmly believe that granting the new inspectors the flexibility, if they so wish, to commission inspection activities from, or delegate inspection activities to, organisations in which all parties can have confidence because they have been fully accredited for that specific purpose by the national accreditation body will maximise the benefits, for the new inspectorate, for all who have an interest in the new inspectorate being able to deliver its role, and for public safety. I beg to move.

[Lord Rosser]

I thank the noble Earl for explaining to me prior to today the purpose of his amendments and the objective they seek to achieve. The noble Earl has made his case in very clear and cogent terms. I, too, would very much like to hear the Government’s response.

[Baroness Chisholm of Owlpen (Con)]

My Lords, a key element of the recently announced fire reform agenda is the creation of a new independent inspection regime for fire and rescue. Amendments 120 and 122, tabled by my noble friend Lord Lindsay, relate to persons and bodies appointed by the chief fire and rescue inspector and an English inspector respectively to deliver the inspection function.

The Government do not believe that Amendment 120 is necessary. Clause 11 is modelled on provisions for the inspection of policing and is deliberately broad to provide the chief fire and rescue inspector with flexibility in who they may appoint as an assistant inspector, or other officers, for the purpose of assisting English inspectors. The Government could have listed certain professions or qualifications in the Bill for who could be appointed, but that would be interpreted as an exhaustive list, or would influence the chief inspector on their appointments. Therefore, I assure my noble friend that there is nothing stopping the chief inspector appointing persons covered by his amendment—indeed, there may be some merit in their doing so if needed—but the amendment does nothing to further the Bill as such persons are not precluded.

Turning to Amendment 122, this issue was raised during the Bill’s Commons Report stage. My ministerial colleague, the Minister for Policing and the Fire Service, has exchanged letters with Bob Neill MP and Jim Fitzpatrick MP since then. Therefore, my comments will come as no surprise.

Whereas Amendment 120 deals with the appointment of individuals, Amendment 122 to Schedule 3 covers the appointment of bodies as the recipient of delegated functions. Paragraph 2 of Schedule 3 allows for an English inspector to arrange for the inspection function to be exercised by another public authority on their behalf. This provides a degree of operational flexibility, depending on the inspection model chosen, but it is simply not appropriate for government inspection functions —regardless of what or who they are inspecting—to be delivered by a non-public body. Importantly, for an inspectorate to undertake robust inspections they must have access to information, premises and persons—powers granted in statute. I do not doubt the high standards private bodies operate to, but such invasive powers should be delivered only by those holding public office to avoid any conflict of interest and ensure proper accountability for the exercise of such powers.

I recognise the valuable role UKAS provides in giving confidence to both the public and private sectors as to a person’s competence, consistency and impartiality. However, we deliberately did not add a prescriptive list to the Bill to avoid any constraint on the chief inspector appointing whoever they consider necessary and appropriate. As I said, there is nothing to stop external experts being sourced, including from the bodies covered by these amendments, but this constraint is important. In view of that, I invite my noble friend to withdraw his amendment.

[The Earl of Lindsay]

My Lords, I am grateful for my noble friend’s response and look forward to reflecting on the detail of what she said in due course. It might be useful if there were some discussion between UKAS and the Home Office to make sure that anything that UKAS’s activities can do to support the new inspectorate is developed. I am also mindful that the Home Office will consult on the proposals for the new inspectorate later in the year. That is another opportunity for useful discussions. On that basis, I beg leave to withdraw my amendment.

Amendment 120 withdrawn.