Draft Biocidal Products (Health and Safety) (Amendment) Regulations 2022

Andy McDonald Excerpts

Wednesday 23rd November 2022 General Committees

[Mims Davies]

I have many notes. I thank the hon. Member for Lewisham, Deptford for her questions and the spirit of them—I am being passed even more notes, so I feel pretty sure that I can answer most of her questions.

Let us start with the most important issue: resourcing and funding. The HSE has already increased the number of staff working on chemicals regulation by around 40% from 256 in March 2020 to 355 in March 2022, with further significant recruitment planned over the next two to three years, which I hope answers the question raised by the hon. Member for Birmingham, Hall Green. That reflects the need for increased resources for the HSE’s post-EU exit responsibilities.

Likewise, the total budget for the HSE’s chemicals regulation division has grown by 39% from £22.4 million to £31.2 million between 2018-19 and 2022-23. It was always anticipated that it would take several years to reach full operating capacity following Brexit, due to the need to recruit and train large numbers of new staff in specialist disciplines required for chemicals regulation.

It is an honour to be the Minister responsible for the HSE. The depth of work it does across covid and all sectors is a joy to behold and learn from, with its cost recovery scheme and the way that it works. One of its recruitment plans is to grow and progress more of its own people, which I very much welcome.

[Andy McDonald (Middlesbrough) (Lab)]

Given what the Minister just said, does she see it as a matter of regret that we have lost over 400 HSE inspectors since 2010? During the covid crisis, their roles had to be adopted by debt collectors, who were performing their functions by inspecting premises and carrying out tick-box exercises in their stead.

[Mims Davies]

I thank the hon. Gentleman for that point. In the time that I have been working with the HSE as a Minister, whether on visits to Derbyshire or to Bootle, I have been really impressed with its ingenuity and the way it has got people to come into the sector, grown its local workforce and given people opportunities. It is brilliant at bringing people in and training them. If he is saying that we welcome people from all walks of life to come into this growing sector, we are on the same page.

[Mims Davies]

My right hon. Friend is right to talk about learning and development within the business, which is really important. In my engagement with and visits to the HSE, it has been very clear about that, but it also has many people in the field and around the country who balance working from home with working from the base where they deliver their processes. It is a mixed picture, but I am happy to look at that point and raise it with management.

The HSE’s chemicals regulation division has reached full capacity and will be in a position to meet the usual timescales set out in the legislation, but it is important to bring this measure to the House, to give us the time to achieve this recruitment and, ultimately, make sure that this area is safe and works. I hope that reassures hon. Members.

The hon. Member for Lewisham, Deptford asked why we have to do this and whether we envisaged the timetables. The changes will ensure that regulatory deadlines provide sufficient time for the HSE to clear the backlog of applications, and will give legal certainty to the affected businesses, whose products, vitally, will be able to remain on the market while their applications are, rightfully, assessed.

The active substances will be reviewed by the HSE, and the legislation allowing flexibility and timeliness should be welcome. I reassure hon. Members that the work to review the programme is in development. The HSE will continue to communicate and engage with stakeholders on its work in due course. It has already started work on evaluating the active substance applications, which fall outside the formal review programme.

There was a question about how the businesses will be notified about applications. Businesses have been notified and have submitted more than 400 biocidal product applications. That includes new applications, changes to existing authorisations and renewals, while 250 are complex new applications, which require the most resources. Compared with the EU workload, that represents about 70% more than anticipated, but I strongly believe that the HSE can withstand that. I thank the hon. Member for Lewisham, Deptford for making those points.

I have covered the staffing measures. On the long-standing transition arrangements that allow the biocidal products to stay on the market until their applications are assessed, most affected products have previously been on the market for many years, and in most cases in the EU as well. I reassure colleagues that this is nothing for us to worry about. The HSE has the experts, and the draft regulations will allow it to do its work and to monitor as it can and should.

The HSE has a process for monitoring international scientific information of relevance to UK active substances and products, including the EU assessments. Should new evidence emerge, the HSE will again work with any relevant regulatory agencies and take any suitable action as a result.

[Andy McDonald]

The Minister is being generous in giving way. Given the commitments she has made this afternoon, is she able to give any indication to the Committee as to the increase in the HSE’s budget following the autumn statement? It has an awful lot more work to do.

[Mims Davies]

I am happy to write to the hon. Gentleman about the budget. I have information about the staffing that I can give him, but I point to the cost recovery in this area. The HSE is exemplary on that. I am happy to write to him with more detail, if that is helpful.

I want to cover data; forgive me, I have so many notes here, I cannot find the bit on data. Here we go—so many bits of paper! I hope hon. Members appreciate that this is a technical instrument and it is important that we get it right. I would rather give more detail and data than less.

The HSE’s assessment of biocidal products remains based primarily on the data submitted by the businesses. They have to act for the authorisation in place for their products on the market. The businesses can continue to do that without access to the EU databases. That is not under threat. The risks of loss of access to the EU databases are being considered as part of HSE’s work to manage biocide authorisations taking into account the loss of access to EU databases, but HSE’s long-term objective is to develop solutions that will allow the authorisation processes to work without disruption, so that no risks materialise.

I hope that I have covered most of the questions put to me. I welcome the Committee considering the draft regulations. I reiterate that the statutory instrument is a technical change only and that there are no policy changes. It relates to biocidal products that are used to control harmful organisms, including disinfectants, insecticides and rodenticides—products that have important roles in protecting human health and critical infrastructure. The instrument will therefore allow us to ensure that the legal supply of such products is not impacted in the long term.

The draft instrument provides important additional time for the HSE to complete biocide authorisations while applications are addressed, and extends the relevant deadlines by a one-off period—I stress the “one-off”—of five years after the regulations come into force, by which time the HSE forecasts that the authorisations will have been cleared. After that, it will return to the normal processing times set out in legislation.

I remind the Committee that no cost to businesses arises from the changes made in this draft statutory instrument. Importantly, it provides legal certainty that, where biocidal products are already on market in Great Britain waiting for an authorisation decision, they can continue to be used and supplied. That will ensure that suppliers of biocides are treated fairly and that there is no disruption to the legal supply of essential biocidal products while the backlog of applications is cleared.

The draft regulations provide a transitional measure to supplement the existing Great Britain biocidal products regulation or GB BPR, bringing over the last elements of pre-EU exit regulation. That change ensures that a certain type of biocidal product authorisation application, namely same product applications, can be treated in an identical way to other applications. Again, that has no impact on businesses and is a technical correction to ensure the biocide regime is now fully functioning as intended.

To conclude, the draft instrument will provide the necessary extension to the legal deadlines to enable HSE to process affected biocidal product authorisation applications. That will provide legal certainty to businesses that biocidal products on the market awaiting their application to be processed can remain there. In turn, biocidal products essential to the functioning of society can continue to be made available and used appropriately.

Question put and agreed to.