Product Regulation and Metrology Bill [Lords] Debate

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Department: Department for Business and Trade
Gareth Snell Portrait Gareth Snell
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I wish to speak briefly to new clause 1, which is a probing amendment that seeks to establish a couple of facts. I will start, however, by thanking the Minister for his time yesterday and for engaging with me on the matter. I know that he takes the matter of how we protect ceramics in the UK, and indeed how we can enhance that protection, as seriously as I do.

New clause 1 is a short amendment that simply asks the Government to explore and consider how we can better protect ceramics from counterfeit production, ensuring that when we buy something that purports to have been made in the UK, that is in fact the case. Most ceramics have something called a backstamp. If we turn over any piece of tableware or giftware in the UK, we normally see a stamp showing the company that made it and the country of origin. Most notably, for most pieces it states either “Made in England” or, even better, “Made in Stoke-on-Trent”.

Gareth Snell Portrait Gareth Snell
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Yes, that is in Staffordshire, as my hon. Friend says. There are factories in Newcastle-under-Lyme as well.

We are, however, seeing a proliferation of companies that seek to pass off material not made in the UK. Its firing will have taken place overseas and it will then be imported into the UK, with the decorating and final glost firing or hand-decorating stage happening in the UK, and with simply the word “England” put on to it. That way, the consumer thinks that the thing they are buying is a UK-made product, when in fact it is not.

There are many great companies in Stoke-on-Trent, which I know hon. Friends will reference in their speeches. I will speak briefly of Duchess, Churchill, Steelite, Emma Bridgewater and the companies that proudly put “Made in England” on the back of their products, because everything they do is made in England. The clay is first moulded, first fired, glazed, decorated, second fired and sold in the UK. It is a genuinely British product, and there is value in that product. We know from the export markets to South Korea and America, in particular, that those customers want to buy products that are made in the UK.

There are some companies that quite honestly import from overseas and they are very clear about that. Plates made by some companies in my constituency, such as Portmeirion, quite clearly state that they have been made in China, but they sit alongside products made in the UK. The company is very up front about that; it does not seem to hide it or to try to confuse the consumer. It is clear about the fact that it imports some of its ware from overseas.

Some companies, however, simply seek to put the word “England” on the back of their products. That will be because the company is probably English registered, or it is one of the UK’s historical brands that have a long affinity with Stoke-on-Trent, even if the manufacturing processes no longer takes place there. A consumer will turn that product over and see the name of one of our historical companies and a date, normally from the 1700s or 1800s, and they will see the word “England” underneath it. It is completely and utterly understandable for them to look at that and think, “This is a product made in England”, but often it is not.

New clause 1 asks the Government to come forward with an investigation to consider whether there is merit in protecting things that are made in the UK by having that country of origin stamp, specifically for ceramics. I know that the Liberal Democrats have tabled a similar amendment today that would do this for a whole host of products. I am glad that we are using similar language on this, because whether it is food or any other products unrelated to ceramics, if they have been made in the UK they should clearly say so. My new clause specifically looks at ceramics, and I will not deviate into the speech that I am sure will come from the Liberal Democrat Benches.

Another aspect that the Minister graciously made time to discuss yesterday is the companies, particularly Chinese companies, that now seek to copy the backstamp. We have some great examples from a company called Dunoon in Staffordshire that makes excellent ware. If a consumer buys an item from the company’s shops, it will have “Made in the UK” written on the bottom, and little stickers on it that say “Made in the UK”. I have in my office some Chinese copies that have copied the “Made in the UK” sticker and the “Made in the UK” backstamp. These are sold through drop-shipping companies online, so tracing where they actually come from is very difficult.

Any consumer who collects that sort of material would be forgiven for thinking that they were buying something online that had been made in the UK. It will have a “Made in the UK” backstamp and sticker, and all the design elements match almost perfectly the ones that are made in the UK, but the consumer will have no idea where it was made. They will also have no idea whether there are elements of mercury and cadmium in the glaze that has been used, whether the pigments used to decorate it meet the standards we have in the UK, or whether it meets the food contact regulations that are required in the UK for items used for drinking or eating off. The consumer will have no idea about the quality of the clay, or what has been added to the clay before firing. Sometimes, in products that are imported into the UK from less good manufacturers, the clay will have been mixed with material that can have a harmful effect on the consumer.

New clause 1 simply asks the Government to consider the merits of a country of origin marking scheme for ceramics. It does not commit the Government to bringing forward such a scheme. I have a ten-minute rule Bill, which is currently waiting for a free Friday, when it can get an airing and we can discuss that in more detail. This is about trying to establish the principle that there are things that are made in the UK that we value, and that if we know they have value because they are made in the UK, we should do all we can to try and protect that.

Adam Jogee Portrait Adam Jogee
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I am pleased to have put my name to the new clause tabled by my neighbour in Stoke-on-Trent Central. Does he agree, notwithstanding his comments, that much of this is also about pride? It is about pride in our people, pride in the skill of our people and pride in the vital ceramics industry, not just in Stoke-on-Trent Central and Newcastle-under-Lyme but in many other parts of Staffordshire, as he has noted.

Gareth Snell Portrait Gareth Snell
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As always, my hon. Friend is absolutely right. We in Stoke-on-Trent can talk at length about that pride, but I will not do so today, I promise, although we can talk about our pride that is associated with our industrial heritage.

Rob Flello, who once served in this place and is now the chief executive of Ceramics UK, told me when I first met him that in Stoke-on-Trent people think we have slip in our veins—slip being the wet clay used for mould casting. That is because the ceramics industry in the city is intrinsic to who we are. It is an incredibly important part of our heritage, but it is also a really important part of our future. We can make industrial ceramics, including those strategic ceramics that go into nuclear submarines and into joints for hips and elbows, as well as some of the technical ceramics that are needed in steel and glass making in the UK. Steel and glass cannot be made in the UK without ceramics; a refractory-grade ceramic is needed, because it can withstand heat that would ordinarily melt glass or metal. I know the Minister is well versed on this, because I have bent his ear on the subject on more occasions that he may have cared for.

The ceramics sector is having a tough time, but there is hope on the horizon; I am sure that the industrial strategy will give some relief on energy costs. We are keen to encourage people to buy British-manufactured goods with pride, in order to support jobs in the localities where the industry is dominant. New clause 1 simply asks the Government to consider the merits of country of origin marking.

In my constituency, there is pride in every piece made. In fact, in some factories, people who make and decorate a piece put their initials on the bottom along with the company stamp. Quite often, they can identify their own work in shops because their way of painting and applying transfers is unique to them; it becomes a fingerprint. New clause 1 encourages people to buy British, as my hon. Friends the Members for Stoke-on-Trent North (David Williams), for Stoke-on-Trent South (Dr Gardner), and for Newcastle-under-Lyme (Adam Jogee) have been doing—[Interruption.]and the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley), of course. When people go out and buy that piece of tableware or giftware, and are trying to do their bit to support our industry, if they turn it over and see “Made in England” or “Made in Stoke-on-Trent”, they should have absolutely confidence that what they are buying is made in those places.

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Stella Creasy Portrait Ms Creasy
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The right hon. Member seems to believe the regulatory regimes we had were a ceiling rather than a floor. There was nothing to prevent us from having higher standards; they were about maintaining standards. He and I are on different sides of the debate about nutrient neutrality, but the concern was about the high standard when it came to protecting our rivers and seas from algae that was at risk under the previous Government.

The right hon. Member is right, though, to raise the question of how we maintain standards, which is where new clause 15 comes in. It is about the concept of how we take back control—which, frankly, was at the heart of all the Brexit debates. I am sure the hon. and learned Member for North Antrim (Jim Allister) is surprised that I have become the stopped clock for him: this is one point in his political career that I may be right.

There is a challenge here that we need to address, and those of us who came to the Brexit debate from different directions can all agree that it is good and healthy to have such a discussion. I also want to say, as a parliamentarian, that the Government should be directed to do something that has consequences for Parliament as well. That is where new clause 15 is coming from. It is a probing amendment to raise a more general concern about how we make good legislation.

At the beginning of this Parliament, the Government decided not to re-establish the European Scrutiny Committee, which had existed since 1973, to scrutinise European documents that affected UK policy or law. In the debate, the Leader of the House said that

“the principal job of the Committee—to examine the documents produced by the EU institutions that the Government would automatically take on board—is no longer required.”—[Official Report, 30 July 2024; Vol. 752, c. 1272.]

The challenge for many of us is that this Bill, and indeed the deal we now have with the European Union, means that that test is being set again. There is now a need for some form of dedicated scrutiny mechanism, with specialist expert staff to consider relevant EU laws and rules. That is not confined to the issues arising from this Bill; it is a broader point about what is happening now.

The ESC worked primarily by examining proposals from the European Commission and giving an opinion on their implications and when they would affect

“matters of principle, policy or law in the UK”.

I recognise that since that Committee was abolished, some work on these issues has been done by other Committees, and that is welcome. However, with this Bill and the reset deal, we are moving to a volume of European law and regulation with such technical complexity that we in this place would be best served by having that specialist expertise. Let’s be honest: many of these things are beyond our individual pay grades and we will want some expert assistance.

Put simply, if PRaM is passed in its current form, where the Government choose to recognise EU product regulations there will again be documents produced by EU institutions that the Government would automatically take on board. The Government’s dashboard of assimilated EU law shows that there are 155 items in the area of product safety and standards that derive from European law and could, under PRaM, be influenced by proposals of the European Commission to update EU law. Clearly, 155 documents alone would likely mean we exceed the ability of any one individual departmental Select Committee to devote sufficient time to the required level of scrutiny given their other priorities.

Many of us had run-ins with the previous Member for Stone. For some reason he never quite welcomed my interest in his work, but my interest and concern in scrutiny in this place is genuine and heartfelt, because I do think that at our best we can help Ministers, although I know that some on the Front Bench—maybe on both sides of the Chamber—will be raising an eyebrow at that suggestion. Aside from the democratic merits of parliamentary scrutiny in its own right and the cry to take back control, there are a number of benefits to the Government of ensuring that regulations derived from EU laws are scrutinised closely, not least because if those regulations deriving from EU law were later the subject of judicial review, the quality of parliamentary scrutiny of the relevant secondary legislation would be factored into a court’s thinking on the adequacy of the Government’s decision making. We might also pick up things in the process that have been missed.

It is indeed the question of perfection, as my hon. Friend the Member for Erewash (Adam Thompson) said, to argue that any Government or any individual scrutiny process through a statutory instrument could ever be perfect. I do not believe we should set that standard. As a psychologist, I believe in competing opinions and views; there is always merit in having a second pair of eyes. That is what this process is getting at—that is how we get closer to perfection, if I have understood my lessons in metrology correctly.

The point also fits within the broader debate about how, as we reset our relationship with Europe, we make sure that we show the British public our homework. That is ultimately what good scrutiny does: it defeats the naysayers who claim that there is a backroom fix; it allows the disinfectant of sunlight to be poured on every single document to its dullest degree.

As the Prime Minister told the House in presenting the European deal, we will be taking co-operation with Europe “further, step by step”, and alignment will be an important part of that. I welcome that because it is in the interests of the British public. We are already committed to dynamic alignment on the SPS deal, to free us from those dire border checks and all the extra paperwork that means that there are trucks stuck at Sevington, food inflation has increased and our constituents have paid the price.

We are also looking at dynamic alignment on emissions trading to allow us to remove energy tariffs in key industries including steel. That means that when those deals are completed, there will be much larger volumes of EU rules that directly affect UK law and policy. That will probably be a good thing but it is right for this place to be able to debate, discuss and scrutinise how that works.

I hope the Minister will recognise that every single political party in this House has supported new clause 15 because they want not to batter the Government but to engage with the Government on these issues, and that he will talk about how we can see the appropriate level of parliamentary scrutiny in this piece of legislation. I recognise that not many pieces of legislation will be affected by the PRaM proposals directly, but there is that broader point about how we take back control—how we have that conversation about the way in which we, at our best, can assist the Government to get the best out of regulations so that our businesses can keep trading, our consumers can keep buying and our Glo Worms can keep glowing.

Adam Jogee Portrait Adam Jogee
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I am grateful for the opportunity to speak briefly in this debate; I was not sure that I would, depending on timings of the business of the House. I had the pleasure today of welcoming Doreen and Eric Moyse to Parliament. This year they both celebrate their 90th birthdays and I am sure colleagues will join me in sending our best wishes to them.

There are five MPs from north Staffordshire and we are all here, proud members of the Turnover Club and champions of our ceramics industry. We have all contributed to the debate both through making speeches and in interventions, and I am grateful to you, Madam Deputy Speaker, for your guidance on the 33 amendments and for reminding us to speak to them.

Karen Bradley Portrait Dame Karen Bradley (Staffordshire Moorlands) (Con)
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I am very grateful to the hon. Gentleman. I just want to make sure that all five Members from north Staffordshire make their voice known on the record. I support him wholeheartedly in his speech.

Adam Jogee Portrait Adam Jogee
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That is my kind of friend. I am very grateful to the right hon. Lady for her intervention, which speaks to the cross-party support for our ceramics industry. I grateful to her for placing that on the record.

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Sarah Olney Portrait Sarah Olney
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Following that hymn of praise to metrology, I will now turn to the amendments.

The Liberal Democrats welcome many of the measures proposed in the Bill. The legislation seeks to balance consumer safety, economic growth, and regulatory flexibility, ensuring that UK laws can keep pace with technological advancements. We support enhanced consumer protection for those products that pose a safety risk to consumers, as well as the importance of corporate responsibility for businesses operating in online marketplaces.

The Liberal Democrats support the need to update the regulatory framework and we are glad that the Bill takes steps to address this. However, steps must be taken to level the playing field between online and high street businesses, and to protect consumers. As such we have tabled new clauses 7, 10 and 11 and amendment 3, which work toward that aim.

Equally, the Liberal Democrats remain concerned by the Bill’s reliance on secondary legislation and the overuse of Henry VIII powers, giving Ministers excessive discretion to repeal or amend primary legislation through regulations. All product and metrology regulations should be subject to the affirmative procedure and we seek to ensure that the Bill is ambitious in providing proper parliamentary scrutiny. There should also be greater engagement and consultation requirements, meaning that key stakeholders may not be adequately considered in regulatory changes. This lack of consultation feeds more broadly into our apprehensions about the burdens that some measures will place on small businesses, and as such we have tabled new clauses 5 and 6, which acknowledge this and would provide support to small and local businesses.

I wish to speak in favour of new clause 2, which would place a requirement on large supermarkets to inform customers when the quantity of goods within the product have decreased, resulting in a price increase per unit of measurement. Research by Compare the Market found that products such as digestive biscuits have become 28% smaller, yet the price has risen by 65% compared with a decade ago.

Adam Jogee Portrait Adam Jogee
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Outrageous.

Sarah Olney Portrait Sarah Olney
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It is outrageous, yes.

Similar situations have been seen with popular household items such as Coco Pops, butter and crisps. We were glad to see that, while the Bill was in the other Chamber, the Government accepted a Liberal Democrat amendment, preventing changes to the pint as a recognised measurement for beer, cider and milk through regulations under the Bill. However, I hope the Government will go further and expand this safeguard to protect consumers by accepting this amendment.

I also wish to speak in favour of new clause 3, which would require the Government to undertake reviews into the feasibility of asking large hospitality businesses to disclose the country of origin of meat products on menus. The farming industry has been pushing for clearer labelling of the origins of food for some time. Previous research by the National Farmers Union has shown that 65% of consumers are more likely to visit a venue that claims that its ingredients are sourced from British farmers, and almost 70% of consumers agreed it was important that the sourcing of food in venues is transparent. Farmers across the country are grappling with the punitive family farm tax introduced by this Government, and continue to cope with the challenges imposed by trade deals under the last Conservative Government. Better labelling of British produce on the menus of larger restaurants would give crucial support to farmers and their businesses, and I hope that the Government will support this new clause as a step towards achieving that.