Product Regulation and Metrology Bill [Lords] (Third sitting)

Alison Griffiths Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Aphra Brandreth]

Absolutely. My right hon. Friend makes a very important point. These are real concerns that were raised in the other place, and I will explain why we need to make sure that the new clause is accepted. It would put the principle on the face of the Bill that we should make these decisions transparently and with proper oversight. The new clause says clearly that the Secretary of State must exercise these powers in a way that strengthens, not weakens, our autonomy and competitive standing. Surely we can all agree that is what our constituents understandably want.

The new clause would also set a standard for the quality of regulation. It would make it clear that Ministers must consider how to maintain a high-quality regulatory framework, rather than acting hastily or in a piecemeal way. That would be good not only for consumers but for businesses, which need clarity, certainty and consistency.

The new clause would not block progress or prevent co-operation with our international partners. It would simply ensure that major decisions are guided by the core principles of autonomy, competitiveness and quality, and that they are not taken behind closed doors with minimal oversight, so I am sure that Government Members will want to support it. After all, if they believe in transparency, parliamentary sovereignty and maintaining high standards, why would they not support putting those principles clearly on the face of the Bill? If not, we are left to ask whether there is a deliberate ambiguity. Do they not wish to say where they stand on automatic EU alignment or on Parliament’s proper role in scrutinising decisions?

In a previous sitting, I raised concerns about the ambiguity that runs through the Bill. That ambiguity does little to build trust, whether among businesses, consumers or the wider public. If Government Members support alignment by default, let us have that debate—let us hear the case for it in full view, with the transparency that our constituents expect—but if that is not their intention, and if they share our concerns about decisions being made behind closed doors without clear checks, they should back the new clause. It provides a clear, reasonable and proportionate safeguard.

New clause 2 would not create obstacles; it would create accountability. It sets out guiding principles where—let us be clear—they are needed. That is why I believe it deserves the Committee’s support.

[Alison Griffiths (Bognor Regis and Littlehampton) (Con)]

It is a pleasure to serve under your chairmanship this morning, Ms Vaz.

New clause 2, tabled by my hon. Friend the Member for West Worcestershire and my right hon. Friend the Member for Basildon and Billericay, is not just a bit of introductory waffle. It is the constitutional backbone that the Bill is sorely missing. What it does is straightforward: it spells out what this legislation is actually for. Yes, it is about improving product regulation and metrology, but, crucially, the new clause makes it clear that that must be done by putting the United Kingdom’s regulatory autonomy and competitiveness front and centre. Those are the very principles that we fought for during Brexit.

We did not leave the EU just to create Brussels bureaucracy with a new postcode. We left so that decisions about how we regulate, trade and grow could be made here by elected representatives answerable to the British people. Yet what we have in the Bill from this Labour Government is worryingly vague. There is no clear objective and no anchor, just a blank cheque that allows Ministers and officials to drift into copying EU rules or centralising control, all without proper scrutiny. That is not careful lawmaking, but a recipe for regulatory sprawl.

New clause 2 would put a stop to that. It is about setting the right direction from the outset. Regulation should support growth and promote clarity, not stifle it, and rules should work for this country, not be imported to satisfy someone else’s system. The new clause would lock in a proudly Conservative vision in which the state backs enterprise, in which we trust British industry, and in which Parliament, not faceless regulators or quangos, has the final say. I urge colleagues to support the new clause.

[Clive Jones (Wokingham) (LD)]

It is a pleasure to serve under your chairship, Ms Vaz. As somebody who has imported and exported products to and from Europe and the rest of the world for much of the last 40 years, and seen the regulations change much over the last 40 years, I believe it is sensible that we are aligned to our major markets. The hon. Member for West Worcestershire talked about that, and she is absolutely right. One of our major markets is right on our doorstep. We need to be aligned to it because it is much better for our businesses if our regulations—

[Alison Griffiths]

Will the hon. Gentleman give way?

[Clive Jones]

I will only talk for a moment. I will carry on and the hon. Lady can come in later if she wishes.

In my experience, it is important that regulations are clear for UK manufacturers. They should have one set of product regulations, rather than one set for the UK, one for the USA and another for Europe. If the Bill allows us the possibility to align with Europe, that is extremely good.

--- Later in debate ---

[Clive Jones]

I have not said “purely with Europe” at all. We should align with our major markets. I do not know what industries the right hon. Gentleman is referring to, but in my experience as an exporter to Europe and the rest of the world, it is much easier to have one set of regulations.

[Alison Griffiths]

My hon. Friend the Member for West Worcestershire talked about international markets. One of the opportunities presented by our leaving the European Union is to be able to sell to other international markets. She gave the fantastic example of the shower trays that many of us used this morning—

[The Chair]

Order. I ask hon. Members to keep their interventions short.

[Alison Griffiths]

Does the hon. Gentleman agree that we should be exporting internationally?

[The Chair]

A quick answer within scope, please.

--- Later in debate ---

[Alison Griffiths]

I rise to speak in strong support of new clause 3, which would introduce a critical safeguard to prevent Ministers from aligning UK product regulations with EU law if such alignment would jeopardise our existing trade agreements. Over the past decade, the United Kingdom has been forging a new path as global Britain, establishing modern, liberal trade agreements with key partners worldwide. Those include nations such as Australia, New Zealand, Japan, Canada and other CPTPP countries. Those agreements are predicated on the UK’s ability to act as a flexible sovereign regulator, not as a subordinate to Brussels.

Let us consider the CPTPP, which the UK joined in December 2024. It is a group of countries united by a common interest, representing 15% of the UK’s global trade and 13.5% of the UK’s global GDP. The UK’s accession is projected to boost our GDP by £1.8 billion annually and eliminate tariffs on 99% of UK exports to member countries.

[Mr Holden]

Is one of the nicest things about CPTPP not that it is continuing to expand into those new growing economies? My hon. Friend describes the impact today, but the impact will be even greater in years to come.

[Alison Griffiths]

My right hon. Friend makes a valuable point. This is a flexible, forward-looking agreement with global ramifications.

The UK-India free trade agreement, signed in May 2025, is expected to increase bilateral trade by £25.5 billion by 2040 and enhance the UK’s GDP by £4.8 billion. The agreement will cut levies on 90% of British products sold in India, including whisky, food and electrical devices. The recent UK-US trade deal, announced on 8 May, provides a £5 billion opportunity for new US exports to the UK, particularly benefiting farmers and producers. Although the deal maintains a 10% tariff across the board on most UK exports, it offers relief to certain UK sectors, including through the elimination of US tariffs on UK steel and aluminium exports.

However, the Bill leaves the door ajar for a realignment with EU rules, often through delegated powers and without rigorous economic impact assessments. New clause 3 would establish a clear boundary: if aligning with EU regulations threatened to breach or undermine our global trade agreements, Ministers would have to refrain. The clause champions growth and supports global trade. It would ensure that we do not regress to a scenario in which Brussels dictates our standards, causing complications in our trading relationships with Tokyo or Washington.

If the Labour party is honest about cultivating global partnerships, it should welcome the new clause. It is imperative that we enshrine legal safeguards to prevent any regression into EU dependency. I urge the Committee to support new clause 3 and uphold the integrity of Britain’s proud global trade strategy.

[Aphra Brandreth]

The UK is a free trading nation. The fact that we are an island has meant that for centuries we have looked to the world for trade, and new clause 3 is an important safeguard that would ensure the Secretary of State does not act in a way that undermines our existing trade agreements, a number of which were negotiated by the previous Conservative Government, as we have heard.

Our trading relationship with Europe remains vital and highly valued, but this is also a moment to embrace the wider world and build on the strong partnerships that we have developed across global markets. Many emerging economies present exciting opportunities, and we are already fostering trade links with some of the world’s fastest-growing global trade blocs. This is about maintaining our commitment to Europe while continuing to be outward looking and globally engaged.

When the UK signed up to the European common market, Europe accounted for one third of global trade. In 2019, it accounted for 16% of global trade. By 2050, according to the OECD, it will account for only 9% of global trade. It is simply good business, forward looking and proactive to seek out the emerging markets on which the future global economy will be built. Progress in doing so was made under the previous Government, and the trade deals listed in new clause 3 are some of the most important.

I will speak to a few of the trade treaties that are listed, to underline their importance and the benefit they bring to the United Kingdom’s economy. The deal that the previous Government agreed with Australia was historic. It eliminated tariffs on UK imports from and exports to Australia, making it cheaper for some of our best-loved and most iconic brands to sell on Australian shelves, and it gave us the opportunity to have better and cheaper access to Australian favourites such as Vegemite and Tim Tams—although for the record I have to stress that I am definitely a Marmite fan.

The Australia trade deal was bespoke. It allowed us to play to our strengths, with a focus on our world-leading service, digital and tech sectors. It put our service industry on an equal footing in Australia and maximised the possibilities and opportunities for digital trade—it was a forward-looking deal. Thanks to that deal, UK businesses are guaranteed access to bid for an additional £10 billion-worth of Australian public sector contracts per year. Inward investment from the UK into Australia no longer needs to be reviewed by the Australian Foreign Investment Review Board, making it easier for British businesses to gain access to the Australian market and, crucially, cutting red tape.

We are market leaders in so many areas, and the world looks to us as the high bar for standards and products. We lead the way in the tech and digital sectors, and that deal delivered for businesses and consumers alike, including high personal data protection standards for British consumers. The UK services industry benefited to the tune of £5.4 billion in 2020 as a result of that free trade agreement. It slashed red tape and removed bureaucratic hurdles for small and medium-sized enterprises and unlocked new opportunities for them to grow and develop in a new market. The UK gained access to procurement contracts worth billions of pounds, which is the most substantial level of access that Australia has granted in a free trade agreement. We benefited from more flexible rules of origin when exporting goods that are better suited to modern supply chains. Importantly, that deal was negotiated on our terms by our Government.

The New Zealand trade deal was also a success and again highlights the importance of new clause 3. Like the Australian deal, all tariffs on UK exports to New Zealand have been eliminated, delivering a boost for British business and increasing its competitiveness. The now Leader of the Opposition, when she was Secretary of State for International Trade, wrote to the International Trade Committee outlining the benefits of that deal and how it was expected to boost trade with New Zealand by almost 60%, benefiting the economy by £800 million.

Finally, I want to mention the UK-Canada continuity agreement and why it is important and right to list in new clause 3. When we left the European Union, we rolled over 65 trade deals immediately and bolstered them with a further seven. For the Canadian continuity agreement, the previous Conservative Government secured continued access for UK products, such as cars, beef, fish and gin. In the previous Government’s strategic outline for an FTA with Canada, published in 2022, it was noted that Canada provided a great opportunity for UK SMEs, building a digital economy and bolstering innovation for the future—exactly the sort of opportunity that the UK should be looking for. The crucial factor of that deal, and the others that I have referred to, is that they were negotiated on our terms.

New clause 3 is important for ensuring that the progress we have made is not lost. It is about maintaining our competitiveness as a trading nation and not regressing to the bureaucratic red tape of the EU that we have moved away from. I hope that Government Members will demonstrate that they are forward looking by supporting the new clause. In doing so, they would reaffirm our shared commitment to a truly global Britain that is ambitious, outward facing and confident in shaping its own future on the world stage.

--- Later in debate ---

[Alison Griffiths]

Those were wise words from my hon. Friend the Member for Chester South and Eddisbury. New clause 5 states that Great Britain should not implement EU laws rejected by Northern Ireland under the Stormont brake. Under the Windsor framework, Northern Ireland retains a mechanism to object to the application of new EU law, but under Labour’s Bill, there is nothing to prevent the very same laws being imposed in England, Scotland, or Wales, even after they have been blocked in Belfast. That is illogical, inconsistent, and constitutionally incoherent. 

New clause 5 resolves this by saying that if Northern Ireland activates the Stormont brake on an EU provision, the Secretary of State must pause for thought before applying it to Great Britain. It is not an attempt to hand Northern Ireland a veto over GB law; it is a call for parity of esteem. If something is deemed unacceptable for part of the UK, we surely owe the whole country a pause for thought. It will also serve as a practical brake on the quiet reimportation of EU law into our domestic system, by reminding Ministers that we are one United Kingdom, and that alignment by stealth undermines both sovereignty and the Union itself.

[Mr Holden]

Does my hon. Friend share my concern that not only does it undermine the Union, but it undermines some of our other international and domestic political agreements, such as the Belfast/Good Friday agreement?

[Alison Griffiths]

I thank my right hon. Friend for putting a vital point on the record. New clause 5 reflects a commitment to coherent governance, to the integrity of the UK, and to a regulatory system that respects the voices of all four nations. I urge Ministers and the Government to back it.

We must consider the broader economic implications of our relationship with the EU single market. Post Brexit, UK goods exports to the EU have declined, with some studies indicating a reduction of up to 30% compared with a scenario where the UK remained within the single market and customs union. The downturn is largely attributed to non-tariff barriers such as increased paperwork and regulatory divergence, which have disproportionately affected small and medium-sized businesses. The Windsor framework, while aiming to address some of these issues, has introduced complexities of its own: notably, the creation of an Irish sea border has led to significant concerns among Unionist communities in Northern Ireland.

The leader of the Traditional Unionist Voice, the hon. and learned Member for North Antrim (Jim Allister), has been vocal in his criticism, describing the new parcel regulations as tightening the noose of the Irish sea border on local businesses. He argues that these measures further entrench a divide between Northern Ireland and the rest of the UK, undermining the Union and placing additional burdens on commerce. His stance highlights the ongoing tension between regulatory alignment with the EU and the desire to maintain the UK's internal market integrity. The imposition of EU standards on Northern Ireland, without equivalent application in Great Britain, creates a disjointed regulatory environment. This disparity not only affects businesses but fuels political discontent and challenges the coherence of our Union. 

New clause 5 serves as a necessary safeguard. It ensures that any EU regulations paused in Northern Ireland due to the Stormont brake are not automatically implemented in Great Britain without due consideration. This approach promotes consistency across the UK and respects the principle that all constituent nations should have a say in the laws that govern them. By adopting new clause 5, Labour would renew their commitment to a united and sovereign United Kingdom, where all regions are treated with equal respect and consideration in the legislative process.

[Justin Madders]

As Opposition Members have articulated, the new clause would provide for a delay to the Secretary of State’s implementation of regulatory changes in Great Britain where Northern Ireland Assembly Members provide notification of triggering the Stormont brake on similar regulatory changes in Northern Ireland. That delay would persist until the Government make a determination on that notification.

I am sorry that Opposition Members feel that the Windsor framework is not up to scratch any more, but we take our responsibilities under it extremely seriously. The Bill does not alter or restrict the Windsor framework scrutiny mechanisms given to the Northern Ireland Assembly. The shadow Minister questioned the Prime Minister’s commitment to Northern Ireland, and I would remind her that he was in fact Director of Public Prosecutions in Northern Ireland for a number of years before his election to this place.

If the new clause were accepted and the Stormont brake were triggered by the Assembly on a particular EU regulation, it would delay the Government from providing certainty on the regulatory approach that we might take and it would cut across the devolution settlement, none of which is the intention of the Bill. The Stormont brake is about EU regulations, but this new clause would prevent UK Ministers from legislating on our own rules, which I am sure is not the shadow Minister’s intention.

It is also worth saying that the new clause, as drafted, is inoperable. It refers to the incorrect provisions giving effect to the Stormont brake, which are contained in schedule 6B to the Northern Ireland Act 1998.

Again, we have had an awful lot of talk about the EU. We have had a little ride on the ghost train, and nothing that Opposition Members have said bears any relation to the reality of what is in this Bill. I therefore ask that the new clause be withdrawn.

--- Later in debate ---

[Mr Holden]

It is a pleasure to serve under your chairmanship, Ms Vaz.

These small but practical new clauses would help small and medium-sized businesses, so I hope the Minister will acquiesce to the Liberal Democrat motion, which will be supported by Conservative Members. New clause 6 would ensure the publication of simple and clear guidance for SMEs on day one of the Bill becoming law, to be updated every time new regulations are made. Such guidance would set out the key provisions of the Act, provide practical advice and list the available support and contact details for further assistance. New clause 7 would require the Secretary of State to conduct a review of the accessibility and affordability of independent product testing and certification for SMEs, helping to consider the costs, availability of providers and market access barriers.

SMEs often lack the compliance resources of larger corporations. The previous Government’s £4.5 billion advanced manufacturing plan and broader support for British innovation demonstrated our commitment to helping small and medium-sized businesses to grow and compete. The current Government say they want to help such businesses grow and compete, and new clauses 6 and 7 would be practical measures to help them do just that.

Small and medium-sized businesses are the backbone of our economy and are important drivers of innovation and export growth. New clauses 6 and 7 would give them a fighting chance to innovate without being buried in red tape. I urge colleagues to support both new clauses as sensible and practical improvements.

[Alison Griffiths]

I have spoken in opposition to the Bill as someone with more than 30 years of business experience in organisations of every size, including SMEs. New clauses 6 and 7 underscore the fundamental flaws and overreach of this Bill.

New clause 6 proposes that the Secretary of State should produce and maintain guidance for small and medium-sized enterprises on how to comply with the Bill’s provisions. New clause 7 similarly calls for a review of access to testing and certification for SMEs.

At first glance, the new clauses may seem helpful, but they raise a fundamental question: why is that level of bureaucratic scaffolding necessary in the first place? The Bill is convoluted, overly centralising and inherently burdensome. It gives the Secretary of State sweeping new powers to regulate, without sufficient parliamentary scrutiny or consideration of local and devolved voices. It introduces layers of compliance that risk choking innovation and enterprise under a mountain of red tape.