Product Regulation and Metrology Bill [HL]

Debate between Lord Leong and Baroness Bennett of Manor Castle
Lord Leong Portrait Lord in Waiting/Government Whip (Lord Leong) (Lab)
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My Lords, I beg to move that this House do agree with the Commons on Amendment 1. With the leave of the House, I will also speak to Amendments 2 and 3.

On Amendment 1, the Government have been clear in their intention to maintain strong, co-operative relations with the devolved Governments and to ensure that the devolution settlements are respected in both principle and practice. This amendment, which the Government introduced in the other place, inserts a new clause that would place a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provisions within their devolved competencies. This amendment goes further than the amendments tabled during the passage of the Bill through this House, which provided only a consult mechanism. This amendment provides for a consent mechanism, with a decisive role for devolved Ministers. It will also underpin continued collaboration to develop product regulation to best support businesses and consumers in all parts of the United Kingdom.

I thank the noble and learned Lord, Lord Hope, whose knowledge in this area I have found extremely beneficial and helpful. He is not able to speak today, but I met him on 17 June and he is happy for me to say that he is pleased with the Government’s approach to devolution in this Bill. I thank him for his engagement and contributions during the passage of this legislation. I also thank the noble Lords, Lord Sharpe and Lord Wigley, the noble and learned Lord, Lord Thomas, and the noble Baroness, Lady Brinton, with whom I have engaged on this amendment. With this specific context in mind, I am pleased to inform the House that the devolved legislatures have all granted legislative consent Motions to the Bill. I thank ministerial colleagues and officials in the devolved Governments for their engagement and collaborative approach to the Bill.

Amendments 2 and 3 are technical amendments. The first deals with a technical correction to the drafting of the Bill, and I will briefly outline the need for it. The amendment makes a drafting change to Clause 12(4). This clause lists the regulation-making clauses in the Bill that are subject to the affirmative statutory instrument procedure. The previous drafting includes Clause 9 in the list, which was an unintended consequence of the previous amendment inserting Clause 9 into the Bill. Unlike the other types of provision specified in Clause 12(4), Clause 9 does not confer a power to make a particular type of substantive provision. Rather, it specifies that regulations can amend existing provisions distinct from making fresh regulations. This technical amendment removes this unintended impact by removing the reference to Clause 9.

On the final technical amendment, the House is aware that the Government have been clear that the Bill will ensure that we have the ability to deliver an effective product regulatory regime in the United Kingdom. The amendment the Government made in the other place is a necessary technical amendment to correct an amendment that was inserted at Lords Third Reading to ensure that the powers in the Bill can be used effectively, such as by introducing cost recovery provisions in accordance with Clause 8. I beg to move.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, briefly, I welcome Commons Amendment 1. It is very pleasing to see this Government, in contrast to the last Government, acknowledging that we have nations on these islands which have devolved powers that need to be respected. Indeed, when we are talking about the standards here, hopefully there is an understanding that devolution can also mean divergence in terms of democratic choices. Within the sometimes unfortunate limits of the internal market Act, Scotland, Wales and Northern Ireland should be able to lift to higher standards if that is what they want, and I hope this will help to facilitate that.

Since I am on my feet, I will make just a couple of short remarks, having been heavily involved in the Bill. I want to again thank the Minister and his team for the time that they gave for discussions with me about the Bill. I reiterate what I said then and stress to the Government that I hope they will keep three points in mind as this becomes law and it starts to be implemented, because most of this will not have any impact until we have the regulations.

First, where we are now is way behind the best global standards. This is an area where we should be talking about being world-leading for the health of our nation and of our environment. Secondly, I would like the Government to acknowledge that we are already on a poisoned planet and in an environment where our water, soil, air and indeed our food and our homes are saturated with far too many chemicals and other substances that are damaging to our health and, again, to environmental health. Thirdly, we have to start to consider the cocktail effect. With most of the testing of products, when companies go to put this product or that chemical into the environment, they say, “Look, what’s the safe limit for this product?” But all of our bodies, our young people and our environment are being exposed to rising levels of microplastics, pesticides and PFASs—all those chemicals and products—and when we consider what is allowed for the future, we have to remember that it is going out into that already poisoned environment.

UK Modern Industrial Strategy

Debate between Lord Leong and Baroness Bennett of Manor Castle
Monday 30th June 2025

(2 weeks ago)

Lords Chamber
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Lord Leong Portrait Lord Leong (Lab)
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The noble Lord may say that about the Employment Rights Bill, but I speak to many businesses and many of them do more than what that Bill does; but that is a conversation for another day.

The whole landscape is changing. We have to be responsive to that, and we are not leaving any sectors behind.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, in its introduction, the industrial strategy says that

“we live in a world dominated by the rise of superstar firms, whose success spills over to the wider economy”.

It seems that the Government are adopting a trickle-down theory of business, but is this not assuming a future that looks like the past two decades? It has been an era of cheap, abundant financing for firms that have often burned through enormous sums of money—money used to force competitors out of business and to buy out genuine innovators and swallow them up, or squash them, not to deliver genuinely productive, useful, substantive products and services.

This is the idea of the unicorn: a biased picture of entrepreneurship that favours valuation over value creation. This is the model that has given us the massively unequal, deeply unstable society we have today. Surely, we cannot keep going the way we are. It has got us to the disastrous point we are now at.

Lord Leong Portrait Lord Leong (Lab)
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I do not quite agree with the noble Baroness. At the end of the day, the Government have to make a choice. We have identified the top eight sectors that we will support with this strategy going forward. At the same time, other industries will also benefit from the support because of its roll-on effect. Yes, ideally, we would like to support every sector, but we need to pick and choose. It is just like running your own business: you pick and choose who your customers are and you work with them, but you still serve everybody.

The industrial strategy focuses on eight sectors, but other foundational sectors will also be supported through the various plans set out in the strategy.

Corporate Liquidations

Debate between Lord Leong and Baroness Bennett of Manor Castle
Tuesday 10th June 2025

(1 month ago)

Lords Chamber
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Lord Leong Portrait Lord Leong (Lab)
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Apologies; it is 0.7% growth. I thank the noble Lord for that. At the end of the day, what is really important is that we have to support businesses, and the Government are supporting businesses. Capital gains tax is still the lowest in Europe. In the G7, only the US and Japan are lower than us. Frankly, most employers go into business to create businesses. Sometimes they exit business, and some of our tax reliefs are still better than those of many other countries in Europe.

Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, several of the corporate collapses that the Minister referred to earlier were associated with private equity ownership and high levels of debt. Moody’s reports that default rates have been twice as high for private equity-owned firms as for others. The Financial Times leading article on 6 June noted that, with exit activity from private equity funds slumping to a historically low level, some private equity firms

“are resorting to … risky … methods of generating liquidity”.

Are the Government concerned about private equity’s impact through these means on both the real economy and financial stability?

Lord Leong Portrait Lord Leong (Lab)
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My Lords, private equity plays an important role in business support in this country. We have seen private equity companies that have acquired businesses and actually grown them as well. Yes, their track record is not great, but there is definitely a role for private equity in business in this country. Do not listen to the Government. Listen to people in the private equity business. Jamie Dimon said:

“I’ve always been a believer in the UK’s … strengths as a place to do business and there’s much to like about the new government’s pro-growth agenda”.


Yesterday, Nvidia CEO Jensen Huang argued that the UK was in the “Goldilocks” zone with great universities, a good start-up culture and the third-largest amount of investment in AI companies globally outside the US and China.

Ukraine

Debate between Lord Leong and Baroness Bennett of Manor Castle
Tuesday 25th February 2025

(4 months, 2 weeks ago)

Lords Chamber
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Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024

Debate between Lord Leong and Baroness Bennett of Manor Castle
Tuesday 30th January 2024

(1 year, 5 months ago)

Grand Committee
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Baroness Bennett of Manor Castle Portrait Baroness Bennett of Manor Castle (GP)
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My Lords, I rise briefly in an unusual situation. We Greens in your Lordships’ House are sometimes accused of not giving the Government credit where it is due, but I want to congratulate the Government on this statutory instrument and applaud the progress that is made in it.

We should also applaud the fact that behind this has been a huge amount of campaigning of public concern. I note that the charity and campaigning group, Pregnant Then Screwed, which took four awards at the Third Sector Awards last year, has been campaigning on these issues for a very long time and is making real progress. This is a real demonstration that campaigning works; we have seen something happen here, so I can only congratulate the campaigners and the Government on this.

I want to put a couple of questions to the Minister. What are the Government going to do to ensure that employers and employees know about this change in the law? What kind of publicity campaign will there be? The Minister referred in his introduction to the fact that the figures that the Government were relying on were quite old. Are there plans to update and take assessment both of the current situation and of what happens in the months and years after this statutory instrument comes into effect? What reporting back will there be to the House and the other place so that we can continue to monitor this important area, given that it is important to individuals and households, but also important to ensure that people are able to remain in the workplace?

Lord Leong Portrait Lord Leong (Lab)
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My Lords, this is the second time that we are meeting across the Dispatch Box. If it continues, people will start talking. I thank the Minister for the overview and explanation of this statutory instrument, which builds on the Protection from Redundancy (Pregnancy and Family Leave) Act 2023. I fondly remember the debate on this Bill last spring. It was the first time I had the honour of speaking from the Front Bench in the main Chamber. Not only did the noble Baroness, Lady Bertin, praise the work of the TUC in the development of this legislation but we agreed to have a massive group hug.

Pleasingly, almost exactly nine months after this group hug, are now delivering additional legislation through this statutory instrument. It provides similar rights in a redundancy situation to pregnant women and new parents who have recently returned from a period of maternity, adoption or shared parental leave lasting six weeks or more. Additionally, the protection will now start when the employee tells the employer about the pregnancy.

This legislation is supported by my friends and colleagues in the trade union movement. In fact, some of these measures were discussed in the preparation of the Bill last year, which, at the risk of disrupting this very collegiate atmosphere, I remind noble Lords was a Private Member’s Bill from my friend, the honourable Member for Barnsley Central.

As supportive as we are of this change, it does not come without implications for employers, especially those who may be considering restructuring shortly after the instrument comes into effect on 6 April, as mentioned by the noble Baroness, Lady Bennett. What steps are the Government taking to make sure employees are prepared? Additionally, is there any additional monitoring for the implementation period where employees may not be abreast of the new law?

Among other possible difficulties with implementation, women may now feel under pressure to inform their employer of their pregnancy very early if there is an impending redundancy exercise. What consideration have the Government given to this likelihood and potential steps to help protect women from this? Another potential difficulty comes from the notification requirements and record keeping. The regulations are not clear as to the form of the notification required. Can the Minister shed any light, or would this be a matter for the courts? Would oral notification suffice, and what would then happen if accounts varied?

Since 2019, we have been promised more than 20 times an employment Bill that will

“protect and enhance workers’ rights as the UK leaves the EU, making Britain the best place in the world to work”.

Will the Minister finally accept that this long-promised Bill is a mirage and will not be delivered? I look forward to his responses to our various questions. Other than that, we are very supportive of these regulations.