Ecodesign for Energy-Related Products and Energy Information (Amendment) (Northern Ireland) Regulations 2025

Debate between Lord Dodds of Duncairn and Lord Hunt of Kings Heath

Wednesday 26th March 2025 Lords Chamber

[Lord Hunt of Kings Heath (Lab)]

My Lords, I thank all noble Lords who have taken part in this very interesting debate on this statutory instrument for their contributions. I also note also the thanks from the noble Baroness, Lady Hoey, to my noble friend Lord Coaker and the Secretary of State for Defence in relation to the JR position, which I am sure is much appreciated by them.

Obviously, I have listened with great care to the comments of the noble Baroness, Lady Hoey, and the noble Lords, Lord Dodds and Lord Morrow, in relation to the Windsor Framework and the interrelationship with the EU. I also listened with care to the input of the noble Lord, Lord Bew, and his assessment of the framework. As he said, despite the frustrations it has also brought achievements.

The noble Earl, Lord Russell, was very supportive of the Windsor Framework, but suggested there were some issues that needed consideration. We will look with great interest at the outcome of the independent review by the noble Lord, Lord Murphy, and the work of the Northern Ireland Scrutiny Committee. The noble Lord, Lord Dodds, mentioned evidence that has recently been given to that committee.

On the issue of our response, consultation and the Select Committee’s recommendation on how we should handle such instruments in the future, we are committed to publishing further changes through parliamentary Statements to both Houses. I recognise that issues relating to Northern Ireland and protecting its status as an integral part of the United Kingdom’s internal market are important to the Members of the House, as they are to me and to the Government.

I said in opening that we are on a journey. We will very much reflect on the comments that have been made by noble Lords in the debate. We are very much committed to the Windsor Framework, but we want to make sure that it operates as effectively as possible. I do not ignore the comments of noble Lords who are not in favour of the Windsor Framework, but there is no doubt that we need to look at the way it operates and see where there can be improvements. I hope noble Lords will not think that I am rejecting the tenor of the remarks made about seeking to improve the way we do these things. My department is committed to doing that.

The ecodesign and energy labelling laws will update the pre-existing enforcement regime in accordance with what was agreed in the Windsor Framework. If we do not update regulations with respect to Northern Ireland, market surveillance authorities would not be able to enforce the law and we would then risk breaching our obligations under the Windsor Framework. We think that consumer products, ecodesign and energy labelling go hand-in-hand with providing consumers with valuable information, enabling them to make an informed choice and eventually driving the market towards more energy-efficient products.

I have listened to the comments about consumer information and awareness. I will take that back to the department in relation to making sure that as much information as possible about the implications of these regulations is made available to members of the public in Northern Ireland. Of course I take that point.

The noble Baroness, Lady Hoey, raised an important point on consultation. The issue here is that, under the terms of the Windsor Framework, Northern Ireland remains aligned with EU single market rules for certain goods and maintains access to this market. As such, these new regulations automatically apply in Northern Ireland under Section 7A of the European Union (Withdrawal) Act 2018. Of course, the substantive changes being discussed were adopted by the EU in 2023 and April and July 2024.

The fact is that we are fulfilling our obligations by making sure that we can then legally enforce regulations as they apply in Northern Ireland. We are committed to the UK internal market and we wish to support Northern Ireland’s place in it. I repeat: the work of the Northern Ireland Scrutiny Committee, which will examine how to strengthen the role of Northern Ireland in the Windsor Framework, clearly has very important work to do, and we will study its outcome very carefully. As a department and a Government, we would obviously wish to support the new committee in carrying out its functions. As I have said, the independent review from the noble Lord, Lord Murphy, will also be of great interest.

I understand what noble Lords have said about consultation. I should say that the Government did carry out extensive assessment of these delegated EU Acts as they came forward over the past couple of years. Obviously, much of that work was done by the former Government, as the noble Baroness, Lady Bloomfield, suggested. Notwithstanding the Windsor Framework and disagreement about it, we believe that Northern Ireland consumers are likely to benefit from the changes being introduced in terms of lower operational costs. The new smartphone regulations are an area where there is no current equivalent regulation already in place in Great Britain, but the regulation promises potential benefits for both consumers and businesses. Obviously, that is the point of us looking at the benefits of adopting similar regulations in Great Britain.

On the impact on Northern Ireland, which the noble Baronesses, Lady Hoey and Lady Bloomfield, in particular referred to, the previous Government published Explanatory Memoranda on these regulations when they were adopted by the EU between 2023 and 2024. An Explanatory Memorandum was prepared but not published due to the timing of the general election and then the dissolution of the scrutiny committees. But more detailed internal department analysis in relation to tumble dryers has indicated that consumers in Northern Ireland would benefit from lower operational costs and improved repairability. We will set out the detail of the benefits for all UK consumers in mirroring tumble dryer regulations for Great Britain. We will shortly publish an impact assessment, alongside a forthcoming consultation, to mirror tumble drying standards for Great Britain. We will commit to consulting as soon as possible on mirroring the rest of the regulations in GB. Through this, we will be in a stronger position to evaluate impacts.

On the specific detail on tumble dryers, I am not sure I can answer all the questions that the noble Baroness raised, but we are aware that the EU’s regulation is a significant change from that in Great Britain. Only tumble dryers featuring the most efficient heat pump technology, which also makes them more economical in terms of running costs, will be allowed on the EU market. The EU’s regulation estimates saving €1 billion in user expenses by 2030 and a reduction of 10 terawatts of electricity by 2030. We are looking to consult on similar savings in Great Britain.

I am assured that, if the noble Baroness is planning a shopping trip to Scotland, she would not be arrested for buying a tumble dryer in Great Britain and bringing it back to Northern Ireland. I hope that reassures her.

On whether businesses operating in Northern Ireland will have to follow EU standards, as the noble Lord, Lord Dodds, asked, yes, of course there is a consequence from these regulations applying in Northern Ireland. This SI is about providing the relevant market surveillance bodies with the means to do that in accordance with the Windsor Framework.

The noble Lord, Lord Dodds, mentioned extended ambulatory references. The current legislation already includes ambulatory references to automatically cover when EU measures are amended. The instrument extends this to cover when the EU measures referred to are replaced. That ensures that the schedules continue to reflect the most up-to-date versions of the EU ecodesign or energy labelling measures in force, whether amended or replaced, while minimising the need for further updates to enforcement regulations. We will none the less continue to publish Explanatory Memoranda on new EU measures.

To come back again to consultation, during the creation of this statutory instrument, officials consulted counterparts in the Northern Ireland Executive and the relevant market surveillance authorities. Officials in the Northern Ireland Executive were also consulted on the creation of Explanatory Memoranda commissioned under the previous Government, so we are aware of the product-specific regulation covered by this SI—I think that it was mostly done by the previous Government. Let me be clear, too, that the SI is only about updating the Northern Ireland enforcement regime to reflect the new EU measures, which will automatically apply in Northern Ireland by virtue of the European Union (Withdrawal) Act 2018.

The noble Baroness, Lady Bloomfield, asked about market surveillance. It will be done by the Office for Product Safety and Standards in Northern Ireland, as for the rest of the United Kingdom. I have heard the points made about alignment, but I have to say that these matters in relation to Great Britain will be considered on a case-by-case basis, which is how the Government are approaching them.

I suspect that I have not answered all the specific questions, and I shall look through Hansard and follow this up with letters to noble Lords, but I hope that I have shown that the Government are engaging with Northern Ireland in an appropriate way and that we will reflect on these processes in the light of this debate and the report of the Select Committee. We look with great interest at the work of the Northern Ireland Scrutiny Committee and the independent review of the noble Lord, Lord Murphy. I hope that noble Lords will feel that we are dealing with these matters, controversy and disagreement though there may be in relation to the Windsor Framework, as sensitively as possible. These measures will bring advantages to consumers in Northern Ireland.

[Lord Dodds of Duncairn (DUP)]

Did I correctly hear the Minister say that he committed to the Government making a parliamentary Statement at each point when legislation changed automatically? I am grateful to him for confirming my point on the automatic updating of UK domestic legislation without any further parliamentary procedure, but on the point of how it is notified, could he confirm that that is indeed the case?

[Lord Hunt of Kings Heath (Lab)]

My Lords, what I think I said was that, in line with the scrutiny committee’s recommendations, we will commit to publicising future changes through a parliamentary Statement to both Houses.