Product Regulation and Metrology Bill [Lords]

Andrew Griffith Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Andrew Griffith (Arundel and South Downs) (Con)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House declines to give a Second Reading to the Product Regulation and Metrology Bill [Lords] because it will provide for regulatory alignment with the European Union, and it has been condemned three times by the House of Lords Delegated Powers and Regulatory Reform Committee as a skeleton Bill which provides, without justification, inappropriately wide powers for Ministers to re-write the regulatory regimes for product safety and the weights and measures of goods by regulations.”

Too often when the public think of Parliament, they think of out-of-touch power and bad laws. The Bill is the archetype of everything that is wrong with Westminster. There should be an unwritten rule in this postcode: never trust a Bill with a convoluted name. This Bill is no exception.

Although it professes to simplify our regulatory framework, the reality is that this is an EU Trojan horse of a Bill, which will sabotage our Brexit freedoms, undermine the integrity of the United Kingdom, disrespect Parliament, befuddle British business with uncertainty and take us back to being a Brussels rule-taker—all from a party that voted 48 times to overturn the will of the British people.

[Jonathan Reynolds]

Will the hon. Member give way?

[Andrew Griffith]

I will not, but before I get into further—[Interruption.] I will say something nice about the right hon. Gentleman in a minute.

Before I get into detail, let me welcome the Government’s U-turn on their plan to scrap the great British pint. Let us hope that that is the first of many. When I raised that on 26 February, Labour Members described it as “a conspiracy theory”. The hon. Member for St Albans (Daisy Cooper) said it was “scaremongering”, and the Exchequer Secretary to the Treasury, the hon. Member for Ealing North (James Murray), said that an amendment was no more needed than a

“law to say that the sun must rise in the morning.”—[Official Report, 26 February 2025; Vol. 762, c. 812.]

The truth is that the Government were caught red-handed trying to ditch our British pint by this back-door Bill. Had the Opposition not fought back, the power to crush the British pint would have rested on the whim of a Minister’s pen. Welcome though that U-turn is, let us not ignore the fact that the Labour Government wanted to give themselves the power in the first place.

[Jonathan Reynolds]

rose—

[Laurence Turner (Birmingham Northfield) (Lab)]

rose—

[Andrew Griffith]

I will give way to the hon. Member for Birmingham Northfield (Laurence Turner).

[Laurence Turner]

I thank the shadow Minister for giving way, and I hope he will also give way to my right hon. Friend on the Front Bench. Will he tell the House what possible motive he thinks a Labour Government would have for scrapping the pint?

[Andrew Griffith]

The Labour motive is all too plain to see. This is a Labour party that voted 48 times to reject the will of the British people, led by the Prime Minister, who sought a second referendum to overturn that will. I accept that the hon. Member for Birmingham Northfield was not in the House at the time, but he might want to spend some time with his colleagues in the Tea Room and hear precisely what happened.

[Adam Thompson]

Will the hon. Member give way?

[Andrew Griffith]

No, I will make some progress.

The anti-pub, anti-hospitality agenda goes far beyond this Bill. The jobs tax, the threshold change, the attack on seasonal and flexible working, the more than doubling of business rates, the war on pub banter and the garden smoking ban are all from this Government. Our hospitality industry—the Secretary of State is smirking—deserves infinitely better than this from this Government.

[Jonathan Reynolds]

Will the hon. Member give way?

[Andrew Griffith]

I am happy to give way if the right hon. Gentleman talks about what he will do to repeal the Employment Rights Bill.

[Jonathan Reynolds]

The hon. Member was a senior member of the previous Government and played a well-known role in the mini Budget, as well as a number of other things that that Government did. Will he confirm that they were planning exactly the same piece of legislation because of an absence in the statute book?

[Andrew Griffith]

Once again, the Secretary of State has failed to engage on the key issue, which is that British businesses—[Interruption.] It is not funny. British businesses are bleeding out, business confidence is at a record low, unemployment is rising, and all the Government have to talk about is the past, not what they are currently delivering.

[Sir Iain Duncan Smith]

My hon. Friend was asked just now whether the previous Government were likely to have introduced this legislation. May I set the record straight? Had we done so, the Secretary of State would have voted against it.

[Andrew Griffith]

My right hon. Friend has great wisdom on these matters.

[Jonathan Reynolds]

Will the hon. Member give way?

[Andrew Griffith]

Let me move on. The biggest flaw of many in this Bill is that, as the hon. Member for Blackley and Middleton South (Graham Stringer) and my right hon. Friend the Member for Beverley and Holderness (Graham Stuart) have both identified, it hands over too much power with too little accountability. There is

“a real need to consider the balance between primary and secondary legislation, which in recent years has weighed too heavily in favour of delegated powers…excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation—”

such as this Bill—

“upsets the proper balance between Parliament and the executive.”

Those are not my words, but those of the Attorney General. They are taken from a speech that he made in October, while in government, about the importance of restoring parliamentary sovereignty. No one who considered that speech could fail to agree.

The Lords’ Delegated Powers and Regulatory Reform Committee has slammed the Bill not once, not twice, but three times, including after the Government’s changes were made. To put this into context, the wide powers contained in this 15-page Bill will allow Ministers unilaterally to amend product safety regulation, impose obligations on online marketplaces, meddle with standards for weights and measures or entirely align British regulatory standards with the European Union, posing a threat to the integrity of the UK internal market. It is 15 pages of the most egregious Whitehall overreach.

[Esther McVey (Tatton) (Con)]

Does my hon. Friend agree that this is yet another hammer blow to British businesses? We have had the Labour Government introducing £25 billion of tax with the employers’ national insurance contribution, £5 billion of costs with workers’ rights and a never-ending increase in energy bills as they drive forward on their net zero fantasy. Now they will be able to change regulation more or less on a whim, whenever they feel like it, destroying certainty and confidence for British businesses.

[Andrew Griffith]

My right hon. Friend makes a serious and important point. I take the Secretary of State in good faith when he says that he desires for his Government to grow the economy—every Government should, and I believe that this Government should as well—but he must recognise that every single action he takes will take us further away from that goal by piling on the red tape and increasing the level of tax. The regulatory jeopardy in this Bill will do the same, by simply making it impossible to know what product regulations will look like. How can any business plan for the future when the powers offered up by the Bill introduce such a prospect of unpredictable regulatory change?

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Gentleman not agree that someone sitting at home watching this will be worried by the argument that it is more important to stick to some anti-EU dogma than it is to protect their children from dangerous products, or to keep dangerous electric bikes off the market and regulate for their safety?

[Andrew Griffith]

With the very best will in the world, I think the hon. Lady can do a great deal better than that. As hon. Members have said, this House can legislate. If there are dangerous products, bring those use cases here, and I believe that across the House we will legislate rapidly to protect our constituents’ safety. However, our constituents did not send us here to pass a 15-page Bill full of skeleton powers to give the Secretary of State an unlimited ability to regulate without having to consult this place.

[Ms Stella Creasy (Walthamstow) (Lab/Co-op)]

The challenge for many of us who were here during the previous Parliament, when the hon. Member was in office and had the power to diverge, is that we watched what happened and we saw the cost to British business. That is why the previous Government decided in the end to abandon the British charter mark, is it not? Would he care to tell the House how much proceeding with his plans would have cost British business? It was £1.6 billion, in case he does not know. British businesses need to hear that we get it. They do not want more paperwork; they want less.

[Andrew Griffith]

I am genuinely intrigued, and I shall sit here and listen to the hon. Lady’s speech later on. Does she want divergence? Does she want us to use our Brexit freedoms, or does she seek to go back to being a rule taker and converge?

We have not heard a compelling argument from the Secretary of State today as to why these powers should be granted. It is right that we in this House adopt the precautionary principle, and if the Secretary of State, or the Minister in winding up, can give us some more compelling use cases, I am sure we would consider that.

[Sir Edward Leigh (Gainsborough) (Con)]

This is all very important. There has been some merriment about the pint, but in the novel “Nineteen Eighty-Four” by George Orwell, the hero goes into a pub, and somebody there laments the fact that the despotic regime has just abolished the pint and forced people to drink litres. The road to serfdom is paved by many steps such as this. By the way, when I was Minister for consumer affairs many years ago, we regularly banned things. We did not need this Bill.

[Andrew Griffith]

My right hon. Friend makes the perfect point that this is precisely what the road to serfdom looks like, whether it is serfdom to an individual Minister at a moment in time or serfdom to an unelected Brussels bureaucratic elite. Why would we give up the powers of this House, the reason why we are sent here, and the ability to hold the Government to account?

[Dr Murrison]

The hon. Member described the Bill as a Trojan horse—it is more like a Trojan donkey. Does he agree that clause 2(7) is a particular problem, because it appears to take European Union regulations as the baseline for determining safety? To many of us, the assumption that European Union regulations should be the starting point for any safety regulations that we might want to make seems somewhat bizarre.

[Andrew Griffith]

The right hon. Gentleman is exactly right, and we can contrast the number of references to the European Union throughout the Bill with, for example, our biggest single country trading partner—the United States.

[Jonathan Reynolds]

I want to directly answer the point made by the right hon. Member for South West Wiltshire (Dr Murrison) and provide clarification that I have just sought. Clause 2(7)(a) is not about alignment; it is about recognition. We already recognise certain EU product requirements on a mutual recognition basis, and where it is of benefit to do so, that is what the clause allows. Rather than take European standards as the basis for our own and align with them, it enables that where it is recognised that we have the interest. I can write to him in detail if he wishes.

[Andrew Griffith]

On behalf of my right hon. Friend the Member for South West Wiltshire (Dr Murrison), I thank the Secretary of State for intervening. It is important that we legislate with full understanding of what the law says, but the point still stands on the overweighting of references to EU standards versus comparable standards from the United States and Commonwealth friends of this great nation.

[Sir John Hayes]

On that note, the point is the one I made to the Secretary of State: where, as the impact assessment suggests, regulations are moving at pace—the Secretary of State repeated that—we will default to a European set of standards. That is the problem, and that is certainly implied in the Bill’s impact assessment. I sought the Secretary of State’s assurance that that will not happen. If it does not happen, will there be no rules or regulations? How will that work in practice?

[Andrew Griffith]

We are having the proper debate through these interventions that perhaps we should have had when the Secretary of State was introducing the Bill. That illustrates the point about putting a vast amount of ambiguity—even if it is well intentioned—into the law and how things will operate, and for a reason of which we know not. If there are instances of, for example, e-scooters catching fire in people’s halls, this House has the ability to legislate, and legislate fast where necessary, against those particular harms at that particular moment in time. My right hon. Friend, with his many years of experience in this House, understands that point, and I think that was what he was saying.

[Sammy Wilson]

Although Opposition Members will perhaps deliberately choose to believe that the words and assurances given are ambiguous, does the hon. Member accept that even Government Members in the House of Lords believe there is an ambiguity that needs to be cleared up? One comment was:

“The question of dynamic alignment with the EU remains unanswered yet ever more topical.”—[Official Report, House of Lords, 12 March 2025; Vol. 844, c. 712.]

[Andrew Griffith]

The hon. Member makes exactly the right point. This is a blank cheque Bill and a Trojan horse Bill. It is simply not clear under this Secretary of State, or any Secretary of State in the future once these powers have been ceded by this place, how they will be implemented. There is a real asymmetry in the constant litany of references to the European Union—a valued trading partners of ours, but only one valued trading partner of ours, as I hope the Secretary of State is about to reveal over the coming days. Tomorrow we understand that tariffs will be imposed by the United States on British exporters. If that is the case, that would be the worst failure of trade policy for a generation. It is businesses, jobs and our economy that will all pay the price. The Chancellor’s emergency Budget will not have lasted a single week because she made no provision for the imposition of tariffs—if that is indeed what is to come.

It is frankly outrageous that the Government have failed to make a statement about where we are, despite the Prime Minister’s official spokesman briefing the Lobby, and the Business and Trade Secretary himself finding time this morning to conduct a round of media interviews. If the Secretary of State would like to comment on the progress of US talks, I will happily give way.

[Jonathan Reynolds]

This is a little off-topic for a Second Reading, but the hon. Gentleman could have just listened to the “Today” programme this morning. He would have heard me articulate those concerns. We are engaged with our US counterparts, more so than any other country, in those negotiations. He will know that I will not share the content or detail of those talks. The policy originates with the President of the United States and we are responding to and engaging with it. The hon. Gentleman will understand that it comes from the mandate and the agenda of the US Administration.

[Madam Deputy Speaker (Caroline Nokes)]

Order. I remind the Secretary of State and the shadow Secretary of State that we are debating the Second Reading of the Product Regulation and Metrology Bill, and not necessarily tariffs.

[Andrew Griffith]

Of course, Madam Deputy Speaker. I am nearing a conclusion in any case. However, I do think that the issue of product safety—the rules and regulations that govern our economy, as the Secretary of State himself said—is intrinsically linked with trade, mutual recognition and growing the economy by removing trade frictions and barriers rather than erecting them and subjecting businesses to the tyranny of simply not understanding the corpus of rules and regulations.

[Graham Stuart]

My hon. Friend is making a powerful speech. Does he, like me, hope that the Liberal Democrats, despite their hobby-horse love of the EU, do not allow the EU flavouring of the Bill to blind them to the frankly illiberal Executive-enhancing, legislature-diminishing aspect of the Bill? If they genuinely aspire to being His Majesty’s Opposition, they will join us this evening in voting against Second Reading.

[Andrew Griffith]

My right hon. Friend makes an important point. I hope, as the Secretary of State slightly alluded to in his remarks about the ability of a country to make its own rules and regulations, that we will soon be back in the House with a Government statement at which we can celebrate the mother of all Brexit benefits: securing the ability to conduct our own trade. I look forward to hearing from the Liberal Democrats exactly how much they welcome that ability on behalf of their constituents.

[Christine Jardine]

Although I cannot speak immediately for all Liberal Democrats, it puzzles us that the official Opposition do not seem to recognise that if they had legislated properly when we left the European Union, this legislation would not be necessary. Do they not accept any responsibility for where we are today?

[Andrew Griffith]

We will not accept any lessons from the Liberal Democrats about what it takes to Brexit successfully and go back to being an independent nation, but if that is what the hon. Lady will speak about, I look forward to hearing it.

To conclude, the Bill is flawed in so many ways. With the best will in the world, Ministers should not be proposing it, particularly given their failure so far to protect us from US tariffs. It is a bad Bill from a Government who are already failing. It is a travesty for anyone who cares about respect for parliamentary democracy and the role of this House versus Ministers. It is, as I said, a Trojan horse Bill that will sabotage our Brexit freedoms and take us back to being an EU rule taker, which the British people had long put behind us. I urge the House to back our reasoned amendment and end this terrible Bill.