Brexit: Consumer Protection (European Union Committee Report)

Lord Bilimoria Excerpts

Wednesday 16th January 2019 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, the noble Baroness, Lady Kennedy, said that this is about standards and redress, about compensation and an enforcement system that is dependable, about consumer protection, and about four and a half decades of partnership and co-operation. I thank the noble Baroness and her committee for this report, Brexit: Will Consumers be Protected?. It starts right up front by highlighting the Government’s platitudes:

“This report highlights our concerns about the Government’s approach to the negotiation of the UK’s post-Brexit participation in the important areas of EU cooperation that help protect consumers’ rights. Beyond advocating a deep and special relationship with the EU post-Brexit, the Minister was unable to provide us with any detail as to how the Government might secure, post-Brexit, the UK’s access to a range of cross-border mechanisms and infrastructure that facilitate and encourage cooperation between the various national bodies responsible for protecting consumers”.


The withdrawal Bill is 600 pages long and covers three areas: the backstop; the £30 billion; and citizens’ rights. Then there are 26 pages of a wish list: the political declaration. The report says very clearly that over the last 40 years the,

“EU’s consumer protection acquis … has grown to encompass around 90 European Directives that apply across the Single Market. The rights enshrined in these Directives enable consumers to seek redress for any poor service they receive … at home or in another EU Member State”.

The withdrawal Bill tries to mirror everything but it cannot. EU law is not static. If we leave the European Union, it will change and then we will diverge. The Government need to reassure us very clearly about this. Chris Woolard, executive director of strategy and competition at the FCA, said that the landscape between the EU and its member states in this context is “complex and interconnected”.

References to consumer protection are scattered throughout the EU treaties. As a result of the interaction, the consumer protection acquis and other UK law is interwoven in this complex, interconnected fashion. Citizens’ legal protections are strengthened by a harmonised system of consumer protection. While the many items of EU law provide the basis for consumer protection in the UK, our national law quite often offers an even higher degree of protection. So we talk about EU bureaucracy, but we use the EU bureaucracy and we do more: we use the law for our benefit. The Government produced all these papers about consumer rights and protection after Brexit and said that if there is a no-deal situation:

“If you have a dispute with a business based in the EU after … 29 March 2019, it is less likely that you will be able to use the UK courts to try to put things right”.


So as a consumer you will be worse off. The European Parliament, in its advice, Consequences of Brexit in the Area of Consumer Protection, talks about the EEA model, saying:

“From the perspective of consumers in the EU28, an EEA membership of the UK is the most favourable Brexit scenario. It would ensure the application of the high European consumer protection standards for consumers in the EU27 and in the UK to a very large extent”.


But, as I have always said, the EEA is the least worst option. When it comes to the WTO, the EU says that it will be a disaster.

Which? magazine managing director Alex Neill said that a no-deal Brexit could mean,

“a bonfire of consumer rights and protections”,

be that for booking package tours or free roaming. When you come to return goods purchased from the EU, it will be more difficult. You will not be able to use the small claims court after a no-deal Brexit. The ECAA allows UK airlines to operate freely in Europe; if the UK drops out, consumers may face less choice and higher prices. You will no longer be able to insist that timeshare contracts be in English. A no-deal Brexit could see consumers hit with higher credit card surcharges and slower payments for European goods. Paying in euros might take longer. We may not be able to use online dispute resolution any more. I could go on.

Whichever way we look at it, these laws are intertwined—even the Bar Council has said it. It will be very difficult to protect the consumer if we break away from these laws. If we do not have the passporting rights, what about consumer lending? That is in jeopardy as well.

To conclude, this whole area of consumer protection shows once again how much we as a country have taken for granted as members of the European Union. By leaving, we will lose out. British consumers will lose out. It shows, once again, that in 2016 people voted to leave by a very narrow margin of 52% to 48%, with four months’ notice to learn about things so complicated that they covered 40 years of our membership of Europe. Three years later so much has transpired—let alone what happened yesterday. Now we know the facts. Now we know that, in an area such as consumer protection, once people know the reality—including what we have learned today—what they are going to lose out on and that no deal is not an option, the only fair, democratic way out of this deadlock, including for the 2 million youngsters, including two of my children, who were not old enough to vote in 2016 but who are now, is to go back to the people and give them a say as to whether they want to leave the European Union or remain in it.