Exiting the European Union (Energy Conservation)

Alan Whitehead Excerpts

Wednesday 18th November 2020 Commons Chamber

[Dr Alan Whitehead (Southampton, Test) (Lab)]

I thank the Minister for giving us a careful and clear exposition of the position that was the case prior to this year and what will now be the case with the effective continuation of the provisions of the two EU directives that he mentioned—the EU ecodesign directive of 2009 and the EU energy-labelling framework regulations of 2017—in terms of their position as continuing defenders of consumer rights in the purchase and use of electrical goods and similar items that are covered by those directives. They deal, in the first instance, as he mentioned, with ensuring a progressive energy efficiency base for electrical products so that the least efficient are progressively withdrawn from sale as the provisions of the ecodesign directive comes in—that is, the requirement that goods are progressively designed in an increasingly energy-efficient and therefore energy-saving way.

The second directive, as the Minister mentioned, provides a labelling system, which I think hon. Members will be familiar with, that covers the energy efficiency rating of a particular product and therefore gives customers guidance on the products that they are purchasing and reinforces the ecodesign directive in terms of informing customer choices about what they are purchasing. Clearly, it is very important for the purposes of continuing the protections and support for the marketing and purchasing of those electrical items that what was in the directives is properly transposed and changed into UK law. As far as I can see, what has happened with both statutory instruments in this area is that the transposition has been fully made so that the provisions come properly into UK law.

Of course, that is not the full story and we need further elucidation on one or two things, whether or not we agree that the SI does its job of making sure that after 1 January—or in this case, March—the provisions are fully transferred and protection can continue. Slightly confusingly, this SI follows on from an SI with exactly the same name in 2019, which first transposed EU eco- design and energy labelling directives into equivalent standards in UK law. That SI transferred those arrangements on the basis that they would come into force in March 2020. However, with the extension of article 50 and the date of exit now being 1 January 2021, the SI might conceivably have needed updating to deal with the new date. Indeed, as it transpired, a number of amendments, changes and developments in those EU directives were made and came into force in the period between the original start date of the 2019 SI and the start date that is envisaged in the new SI we have before us.

[Matt Rodda (Reading East) (Lab)]

I wish to take my hon. Friend’s point somewhat further forward. Does he agree that the public and many environmental organisations are deeply concerned, in exactly the way that he is pointing out, about the slippage and the way that the Government, through sleight of hand, are watering down very important EU environmental regulations?

[Dr Whitehead]

I agree that the public are concerned about that, and we in this House should be concerned about it, because in a number of instances we can see that the period between the lapsing of the EU regulation and its replacement by UK-based provisions has been used, either accidentally or purposefully, to lose some of the protections in transition. Part of our job today is to make sure that what was there for our protection prior to EU exit remains there and continues for future purposes. On this occasion, I think—this SI is 118 pages long, so it is quite a read—

[Alan Brown]

It is 116 pages.

[Dr Whitehead]

The hon. Member quite rightly corrects me; it is substantially shorter than I thought.

The provisions appear to be consistent with what was there before and what is there for the future, but that does not cover all the issues, important though it is that we get that right. It was not just a question of checking that the original SI had done the job of making the transition safely into UK law. There was a period during which we were effectively bound to EU law, and a number of changes took place that were to be implemented during that period between the passing of the first SI and this SI being introduced. This SI therefore had to do a number of additional things, to incorporate those changes into UK law for future purposes.

In so doing, a number of issues have arisen, particularly in relation to Northern Ireland. The Northern Ireland protocol comes into question as far as those changes are concerned, as well as how Northern Ireland and Great Britain would be incorporated into the changes for exit on 1 January. The two things that have happened in the intervening period seem to throw up some difficulties, and I would be grateful if the Minister could comment on them.

The first is that the question of the status of the regulations has arisen as far as Northern Ireland is concerned, because Northern Ireland will now continue to be in the EU regulatory system for the purposes of the two directives and will continue to eco-label on EU badging. That appears to present a problem for the marketing of Northern Ireland-manufactured products in Great Britain. In the SI, those products have effectively been given leave to market in GB on EU labelling and efficiency bases, but with a clear marking of their origin, which is tracked into GB.

That issue may well have been resolved by this SI, but there also arises a problem the other way round. If goods are being marketed from Northern Ireland with EU eco-labelling on it and are subject to ecodesign regulations, it is important that those labels and the ecodesign standards are compatible within the UK. The UK Government have effectively provided an internal solution to that problem by ensuring that the new regulations on UK eco-labelling apply only to GB and not to Northern Ireland, and what comes in from Northern Ireland can be marketed in Great Britain without further additional labelling.

However, what about the marketing of Great Britain-manufactured and labelled goods into Northern Ireland? The SI mentions a possible solution to this, which I would like the Minister to comment on. It has been agreed that there should be a mark on the GB certification to allow those goods to be sold in Northern Ireland. I am not clear what that mark is, how it will be distinguished for the purpose of selling in Northern Ireland and how it will differentiate goods that are being sold from the EU in Northern Ireland, as opposed to being sold from Britain. That is particularly important because of goods from the Irish Republic.

As for the marketing of UK-manufactured goods in the EU, I expect that the UK will have to produce separate agreements on conforming to EU standards to market, and that the existence of a UK mark will not be sufficient to secure marketing arrangements. Can the Minister clarify that position and say whether the eco-labelling UK label will be sufficient for goods that are manufactured in the UK, but marketed in the EU, if those arrangements are in parallel? Would that be acceptable for marketing purposes, or will UK companies have to agree on an additional EU label, over and above the UK label, to secure those marketing opportunities? That is the first additional problem with which we must get to grips.

In addition, some of the changes in the directives issued between March and January are not due to be implemented until 2021. Although those measures should have passed into UK law between March and January, the UK Government opted not to include them in this SI, because they are not due to be implemented before we have left the EU. We may ask whether that is of any significance. Indeed, there is a question mark in my mind about whether or not it is significant, because one change that was made in the regulations prior to this period, and which therefore should have been implemented but will not come in until 2021, relates to lighting standards. It looks as if those who manufacture lighting products in Northern Ireland will have to apply further changes in lighting standards and eco-labelling in 2021, which will set Northern Ireland at odds with GB standards. As far as the UK is concerned, in Great Britain that element of EU law will not yet have been passed on at all, and it may or may not be in the future.

What plans does the Minister have subsequently to incorporate those changes into UK law, so that those standards will be the same? He will agree that this is not an academic point. There could be divergence between Northern Ireland and Great Britain on those standards, and that might take us further away from the simple question of putting on a mark, or providing a way leave.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but I assumed he was aware—although he might not be—that in a motion such as this, which has a 90-minute limit, even though there is currently no pressure from other Members who wish to speak on this specific item of business, it is unusual for the Minister or shadow Minister to take more than 15 minutes to make their point. The hon. Gentleman has taken significantly more than 15 minutes so far, and although he would be right to argue that plenty of that 90-minute slot is left, on behalf of Members who are waiting elsewhere to speak in the next and subsequent items of business, I should point out that there is a lot more business for the House to get through today. I would be grateful if the hon. Gentleman would consider truncating his remarks.

[Dr Whitehead]

I thank you for your guidance, Madam Deputy Speaker. In my defence, this is a particularly complicated statutory instrument and I have felt it necessary to try to lay it out in some detail to get to the heart of what we are trying to talk about. If I have taken rather longer than I might have done in that process, I am sorry, but I hope that I will be coming to the end of my remarks shortly.

Will the Minister set out what will be done about the lighting changes that have taken place in directives and how that can be reconciled with procedures in Northern Ireland and Great Britain? There is also no agreement yet, as I understand it, on access by Northern Ireland to the EU product database, which informs eco labelling and product standard activity. The UK is not supposed to have access to the database because it will be independent of the EU and will need to set up its own database in due course—or rather quickly I would have thought. However, if Northern Ireland is to continue to work on EU eco labelling criteria, it should have access to that database. Will the Minister tell us what is happening now about this apparent impasse?

You will be pleased to know, Madam Deputy Speaker, that we will not oppose this statutory instrument this afternoon, but I do hope that the Minister will be able to enlighten us on some of the points that I have raised. I think that, at the end of this, he might perhaps agree with me that this is rather a mess, isn’t it?

--- Later in debate ---

[Kwasi Kwarteng]

Madam Deputy Speaker, I am delighted that you appreciate the various illustrations in the legislation, and I am delighted, too, that you have learned a great deal about energy labelling.

I shall sum up very succinctly, because I fully understand the pressures on time and the fact that people want to move on to subsequent debates. I thank the hon. Members for Southampton, Test (Dr Whitehead) and for Kilmarnock and Loudoun (Alan Brown) for their contributions. I will address two or three of their points as succinctly but as clearly as I can.

In relation to the implementation period—the transition period, as we call it now—it was always the case that we had an obligation to enshrine in UK law measures that were introduced by the EU in the course of the transition period, but once we had left the EU, there was no such obligation. The hon. Member for Southampton, Test is therefore quite right to say that, as per the Northern Ireland protocol, there could in theory be some divergence. However, if that happens, we can keep on an equal basis, mirroring what goes on in Northern Ireland at a subsequent date after we have left the EU. That is possible, and I am not going to prejudge the outcome of that.

With respect to marketing, in the provision in the statutory instrument, there is a period of a year where EU goods can be marketed in this country. As the hon. Gentleman said, leaving the transition period will not affect the marketing of goods from Northern Ireland into Great Britain, nor should it affect the marketing of goods from Great Britain into Northern Ireland, but there will be a marker. I cannot remember its exact design off the top of my head, but I will certainly come back to him on that question.

As to why this debate is happening on the Floor of the House and not in a Committee Room, that is clearly an issue for the business managers of the House. I am not in a position to fully answer that question, I am afraid, but I reiterate our commitment to the standards, ecodesign and energy labelling regime that has helped us to significantly reduce energy bills and increase emissions savings. This will make a massive contribution to our carbon reduction commitments in future. I think Members of this House will be very pleased to know that our standards have led the EU over the past few years: no country in the EU has decarbonised as readily as we have done since 1990. I notice that our German colleagues are still committed to the mining of coal until 2038, and I am pleased to say that we are taking coal off the power generation grid by 2024. I make that point not as an idle boast, but to say that we are, and have been, leaders of the EU, and with COP26 we will continue to provide leadership on the decarbonisation agenda.

This draft instrument will allow businesses in Northern Ireland to trade smoothly with Britain. It will allow Northern Irish products to circulate without any hindrance on the GB market, and it will also preserve the highest standards within businesses in this country.

[Dr Whitehead]

rose—

[Kwasi Kwarteng]

I therefore commend these regulations to the House.

[Dr Whitehead]

Madam Deputy Speaker, I draw attention to my having asked the Minister to give way.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I think the Minister has concluded, so the hon. Gentleman’s opportunity has, I am afraid, passed.

Question put and agreed to.

Resolved,

That the draft Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2020, which were laid before this House on 13 October, be approved.