Product Regulation and Metrology Bill [HL]

Debate between Lord Jackson of Peterborough and Lord Sharpe of Epsom

Report stage
Wednesday 5th March 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, once again I would like to take this opportunity to thank the Government for their response in Committee, and for confirming that the Office for Product Safety and Standards will be publishing a framework outlining the conditions and procedures for using emergency powers under Clause 4.

However, we feel that it is vital that such a framework is discussed in Parliament. The use of emergency powers must be subject to scrutiny, transparency and democratic accountability. Parliament must have the opportunity to assess the scope, necessity and potential consequences of these powers before they are enacted, otherwise we will risk allowing significant regulatory changes to be made without sufficient oversight, which again potentially impacts business, consumers and public confidence in the regulatory system.

Just like the rest of the clauses in this Bill, there is a level of vagueness in Clause 4. Once again, as the Delegated Powers and Regulatory Reform Committee has stated, that represents an unacceptable shift in power to the Executive. Emergency powers should not be granted on broad and undefined terms without proper safeguards and clear limitations.

I am also revisiting Amendment 30, which seeks to limit emergency modifications to an initial period of three months. Not only do we need a clear understanding of what may or could constitute an emergency but, even though we acknowledge that emergencies can be by their very nature unpredictable, there is undeniable value in debating this in Parliament. We saw this during Covid-19, where initial emergency measures had to be quickly defined but, over time, continued justification and scrutiny became essential. Three months is more than enough time to assess an emergency, determine whether modifications are still needed, and, if so, bring forward a proper review process with stakeholder consultation. Furthermore, Clause 4 States:

“The disapplication or modification may be made subject to conditions”.


That raises the question: what conditions?

I urge the Government to accept these amendments to enhance transparency, ensure accountability and reaffirm the role of Parliament in overseeing emergency decision-making. I beg to move.

[Lord Jackson of Peterborough (Con)]

My Lords, I support Amendments 29 and 30, in the name of my noble friend Lord Sharpe of Epsom. I think these amendments are very helpful to the Government.

I put on record that I believe that both Ministers have engaged. Whatever you say about them—we do not necessarily agree all the time—they engage with the argument, and they respond properly and respectfully. That speaks well of them, their Front Bench and their party on this Bill, even though we may disagree.

I support this amendment because it speaks to a need for flexibility. We know that there will be occasions where there are emergencies which we cannot foresee in any reasonable timescale. My noble friend referenced Covid, which is the most obvious example of recent years.

One of the other issues running through this Bill has been business certainty—businesses having the opportunity to understand the legislation and take measures necessary to ameliorate any impact of it on their businesses. These two very sensible amendments would do that, because they would give business a proper framework and reference point for the sort of emergency secondary legislation that may occur as a result of unforeseen circumstances. They address the imperative—this has been a major theme of this Bill, given the reservations of the Delegated Powers and Regulatory Reform Committee—for proper scrutiny and oversight because we have so many enabling powers, and give flexibility.

The amendments are not prescriptive. Seeking a proper outline of conditions and procedures for the use of emergency powers does not directly enforce a fear upon Ministers. It does not direct Ministers, and it does not fetter their discretion in acting appropriately in the national interest in the case of emergencies. It nevertheless is a way for Parliament to have an understanding of the actions the Government are taking. As your Lordships’ House knows, we are looking at rationale and definition in Amendment 29, and clarity and certainty in Amendment 30.

My final point is that this will, no doubt, be litigated in the future, as all legislation is. The more certainty and clarity that we put in the Bill, the less chance there is for vexatious litigation arising from any use or discharge of those regulatory powers in unforeseen emergencies.

For those reasons, and because I know the Government are committed to having a proper debate and discussion on the regulations that they intend to use, particularly in emergency circumstances, Ministers should look favourably on these two amendments. They are seeking to be helpful. I do not think, as I have said before, they fundamentally alter the raison d'être of the Bill. I am pleased to support my noble friend’s Amendments 29 and 30.