Lord Taverne
Main Page: Lord Taverne (Liberal Democrat - Life peer)Consumer Rights Bill
Lord Taverne Excerpts(10 years, 1 month ago)
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Lord Taverne
“Product description and advertisement
(1) Subject to subsection (2), where any specification, description or advertisement of goods, services or land or property offered for sale, hire or lease, or any instructions or maintenance manual relating to such goods or services includes one or more units of measurement, those units shall be—
(a) those set out in Schedule 1 to the Units of Measurement Regulations 1986 (as amended); or(b) any multiples or submultiples of those units as set out in Schedule 2 of those Regulations.(2) Subsection (1) shall not apply to products listed in Schedule (Product description and advertisement).
(3) Subject to subsection (4), supplementary indications may be used in addition to the units authorised in subsection (1).
(4) Where supplementary indications are used—
(a) in the case of a conflict between an indication of quantity expressed in an authorised unit and a supplementary indication, the authorised unit shall prevail; and(b) the authorised unit shall appear first, and any characters employed in the marking of quantity in relation to a supplementary indication shall be no larger and no more prominent than those employed in the marking of quantity expressed in the authorised unit.(5) In this section—
(a) an “authorised unit” means a unit of measurement specified in Schedule 1 to the Units of Measurement Regulations 1986 (as amended) or any multiples or submultiples of those units as set out in Schedule 2 to those Regulations,(b) a “supplementary indication” means one or more indications of quantity expressed in a unit of measurement, other than an authorised unit, which is used in conjunction with an indication of quantity expressed in an authorised unit,(c) “unit of measurement” does not include arbitrary sizes such as sizes of shoes or clothing, paper and stationery or eggs,(d) a “year” is not to be treated as a unit of measurement.”
Lord Taverne (LD)
My Lords, I apologise for not having taken part in the discussions on this very welcome Bill but my special concern is with the particular and rather unfashionable subject of metrication. The Bill offers an opportunity to clear up some anomalies in the law as it stands that can only confuse consumers and also to promote some modest steps towards a simpler and more rational system of measurements that has been promised for many centuries.
The first commitment was made in Magna Carta. It required one measure for wine, corn and cloth throughout the realm, and similarly for weights. This was to stop consumers being ripped off. Since then, progress has been rather slow. Four and half centuries later, in 1668, Bishop John Wilkins proposed a universal decimal system of measurement in England. Similar proposals were made from time to time but mostly came to nothing. I will refer to only a few of them. Skipping two centuries, in 1895, the Commons Select Committee recommended that the metric system should become compulsory after two years and be taught in elementary schools. In 1904, the House of Lords voted for a compulsory change to a metric system but the Bill failed in the Commons.
Yet 1971 was a star year when we changed to a decimal currency—a major operation that I remember well because I was Financial Secretary in 1970, when Roy Jenkins was Chancellor. I was involved in preparations for the change, which many prophesised would cause chaos. It went through very smoothly. The following year, a Conservative Government produced a White Paper that recommended a gradual but not compulsory change to metrication. A Metrication Board was set up then, but a few years later it was abolished—perhaps because, more recently, metrication has become associated with Brussels. Most Commonwealth countries have adopted metrication. That is nothing to do with a Brussels agenda but because it is much simpler and more commercially convenient. That is also why British schoolchildren are taught the metric system.
However, we still allow two separate systems to exist side by side in a number of commercial transactions. My amendments seek to dispel the confusion that this can cause. They bring product description and advertising in line with the rules for package labelling and for the sale of loose goods from bulk. At present, package labels must give the metric quantity with the option of a supplementary indication in imperial measurements—for example, “568 millilitres, equal to 1 pint”. Pricing of goods must be by metric quantity—for example, “tomatoes at £2.50 per kilogram”, with the option of a supplementary indication of “£1.14 per pound”.
However, these rules do not apply to product descriptions and advertising, which can prove thoroughly confusing for purchasers. A carpet can be described as measuring “eight feet six inches by 16 feet three inches”, with no indication of metric measurements. We also have the absurd situation that manufacturers and retailers often use incompatible units even for products displayed side by side. For example, a consumer may have to compare a fridge of six cubic feet with a fridge of 200 litres. In property advertisements, some estate agents describe room sizes in feet, inches and square feet, while others use metres and square metres. Therefore, we need a minimum common standard that all manufacturers, traders, advertisers and estate agents must follow. Since the law already requires that goods and services must be priced per metric unit, with the option of an imperial equivalent, it is sensible that the minimum standard for product description and advertisement should also be in metric units.
Subsection (1) of my proposed new clause indicates the scope of the clause to achieve this aim, but allows for certain exemptions. It requires the same units as are already required for the pricing of goods and services—namely those listed in the United Kingdom’s Units of Measurement Regulations 1986. However, in order to help older people who are still uncomfortable with metric units, and to avoid cases of so-called “metric martyrs”, the new clause permits the use of supplementary indications using the exact wording from the Units of Measurement Regulations and the price marking order. Also included are a number of minor exemptions, such as car tyres, where it would not be practical to require them to be relabelled. There may need to be other exemptions, so the new clause gives discretion to the Secretary of State to amend the list.
Subsection (2) exempts the cases listed in the proposed new schedule. I will explain the reasons for the exemptions when I come to the new schedule. Subsections (3) and (4) permit the use of supplementary indications—that is, imperial equivalents—while making it clear that the metric unit is primary and must not be less prominent than the imperial unit. Proposed subsections (5)(a) and (b) define the terms “authorised unit” and “supplementary indication”, using the same wording as in the Units of Measurement Regulations. Subsection (5)(c) makes it clear that clothes and shoe sizes, et cetera, are not to be regarded as units of measurement. In subsection (5)(d), “year” is excluded because, unlike other units of time, it does not appear in the Units of Measurement Regulations; if it were not excluded, it might not be possible for traders to offer, for example, a two-year guarantee.
I now turn to the new schedule. Paragraph 1(1) explains that the reason why tyres need to be exempted is that the labelling conforms to an international standard which, for historical reasons, is expressed partly in imperial inches. Since the labelling is part of the moulding of the tyre, and since tyres are manufactured and traded internationally, it would not be practical to require them to be relabelled in metric units.
The reason for sub-paragraphs 1(2) and (3) is that the Units of Measurement Regulations specifically permit draught beer and cider, and milk in returnable containers, to be dispensed and labelled in imperial measures—that is, pints. It is therefore necessary to exempt the glassware from the requirements to display metric units; otherwise, all pub glasses would have to be dumped. As for paragraph 2, there may be other cases where an exemption is justified. This paragraph gives the Secretary of State the power to amend this schedule, subject to the consent of both Houses.
In summary, the amendments enable consumers to compare products on a like-for-like basis, using the same units as in the Units of Measurement Regulations and the price marking order. They would not prevent anybody from using imperial units in addition if they wished. I suggest that these amendments are eminently sensible: they are sensible improvements for the benefit of consumers, especially the younger ones who have only been taught the metric system at school. I also hope that this Committee will feel that moving a little closer to the requirement of Magna Carta for a common standard of measurement, and doing so after a mere 800 years have passed, is not displaying an excessive sense of urgency. I beg to move.
Lord Taverne
My Lords, I welcome the suggestion by the noble Lord, Lord Harris, that one might look at broader issues than the ones I have raised. My proposals were very much modest ones. As far as the Minister’s reply is concerned, I will have to look very carefully at what she says. I understand that in the examples I gave, retailers and manufacturers are doing something that is perfectly legal and it is certainly very confusing. I will consider very carefully the suggestions we made. This is an issue to which we can return on Report to see either whether we can examine the issues more widely or whether in fact there is no reason to worry about the examples I gave. I beg leave to withdraw the amendment.