Product Regulation and Metrology Bill [HL]

Debate between Lord Deben and Lord Pannick

Report stage
Wednesday 26th February 2025 Lords Chamber

[Lord Pannick (CB)]

My Lords, I recognise and value the constitutional principle that the noble Lord, Lord Hunt, eloquently draws to our attention. Ministers should not be given broad delegated powers, but constitutional principles are not absolute; they have to recognise practical reality.

In the context of this Bill, the practical reality is that technical regulations of the breadth and complexity that will be produced cannot sensibly be enacted by primary legislation. We are dealing, in Clause 1(1), with regulations that reduce or mitigate risks presented by products; to ensure that products “operate efficiently and effectively”; and that ensure that products designed for weighing or measuring operate effectively. Are we really to debate each and every such regulation in this House, either on the Floor of the House or in Grand Committee? We would have little, if any, time for anything else.

If the regulations raise issues of principle, Parliament retains control. Parliament does not have to accept the regulations; it can vote against them under the normal principles. The noble Lord, Lord Hunt, suggested, quoting someone from one of the committees—I cannot remember which—that this is Government by diktat. I suggest to him, with the greatest of respect, that that is unfair and inappropriate in this context, for the reasons I have given.

[Lord Deben (Con)]

My Lords, I make it clear that, having disagreed with Amendment 1, I agree with the noble Lord, Lord Hunt, in his discussion here. I fundamentally disagree with the words of the noble Lord, Lord Pannick, because this is exactly the moment when we give away basic parliamentary control. We know perfectly well that, although it is better than it was, it is still true that a great deal can be done by ministerial diktat which ought to come to Parliament.

I am not in any way suggesting that everything should come to Parliament. Of course, it is very easy to say, “You can’t have everything”, but that does not mean that we should allow this to go through without insisting on having a much clearer definition of where ministerial diktat is proper and where it is not. Until we get that right, this is, if I may dare say so to the noble Lord, Lord Pannick, the slippery slope.