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

Debate between Aphra Brandreth and Alison Griffiths

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.

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[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.

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

Debate between Aphra Brandreth and Alison Griffiths

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Alison Griffiths]

My right hon. Friend makes a very important point. The future of successful economic growth is dependent on not just new industries, but ensuring that traditional industries, and both large and small businesses, can thrive and prosper in a post-Brexit scenario.

Amendment 17 would align the Bill with the pro-growth agenda and send a clear message to investors and innovators: Britain is open for business.

[Aphra Brandreth]

I will speak very briefly on amendment 17. The watchword of this Government has been, supposedly, growth. That is supposed to be the driving force behind legislation and policy, yet they have clearly introduced measures that have done nothing to support growth, and the Bill risks being another stumbling block to continuing the path of recovery—a recovery that the Government actually inherited, with the UK the fastest-growing economy in the G7.

The Opposition have sought to constructively improve the Bill through the amendment, which would ensure that the Government focus on growth. These are sensible and important provisions to promote investment and to foster innovation.

I am sure that Labour Members want to encourage economic growth. Supporting businesses is the way to do that. Empowering them—rather than prohibiting them with regulation and red tape from Brussels—should be central to achieving growth. There are huge opportunities and markets out there for the UK to seize. We must ensure that trade and national policy are as one, supporting job creation, innovation and competition. We need clarity and assurance from the Government that they understand the potential impact of dynamic alignment and the damage that that could do to the economy.

When have legally binding powers achieved growth? When has ambiguity in what businesses should expect and in their operating conditions delivered growth? The truth is that it does not. Businesses need clarity and confidence, and this skeleton Bill does not deliver that. If Labour Members really want—as they say they do—to see growth, I am sure they will want to support the amendment. As my hon. Friend the Member for West Worcestershire pointed out, the Government’s actions so far have seen GDP per capita shrinking and business confidence plummeting.

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[Aphra Brandreth]

I thank my right hon. Friend for that important intervention. Dynamic alignment will see us give away control to the European Union, meaning that we cannot focus on growth in a way that will rightly and importantly improve growth for UK businesses across the whole of the UK. I represent Chester South and Eddisbury, a seat in the north-west of England, and we need to ensure that we see growth across the whole United Kingdom. The amendment, importantly, would ensure that we focus on that. More than ever, we must not stifle growth.

[Alison Griffiths]

Perhaps my hon. Friend was about to make this point, but does she agree that the amendment would give the Government the opportunity to demonstrate to the world their commitment to and understanding of innovation agility, and the necessity to ensure that not just at Government level, but right across Whitehall, all our legislation considers how we can improve growth, innovation and ingenuity at all times?

[The Chair]

That was slightly pithier.

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

Debate between Aphra Brandreth and Alison Griffiths

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Alison Griffiths]

I rise to speak to clause 3 and Opposition amendments 23 to 25. Clause 3 deals with the enforcement of product regulations, but as it stands, it embodies a vast Executive overreach that undermines accountability and business confidence. The Opposition believe in clear and limited rules, not vague powers that spook entrepreneurs. Our amendments would inject much-needed clarity and proportionality into clause 3.

First, as my hon. Friend the Member for West Worcestershire set out, amendment 23 presses for a definition of the so-called “relevant authority”. The Bill hands out new regulatory powers without even specifying who will wield them. Is it to be the Secretary of State, local trading standards officers, a new quango or devolved Administrations? Nobody knows. Businesses deserve to know who might come knocking at their door to enforce these rules. We need clarity about which authority is in charge, so that there is accountability instead of a free-for-all.

Secondly, amendment 24 highlights the Bill’s vague enforcement functions. Clause 3 would empower unnamed authorities to monitor, investigate and secure compliance with wide-ranging product regulations, but it sets no clear limits or guidance. That open-ended mandate could invite over-zealous enforcement. We all support product safety, but regulators must not have a blank cheque to harass businesses. The functions and scope of enforcement need to be defined with precision and targeted at genuinely dangerous non-compliance, not wielded arbitrarily. Trustworthy business owners should not lie awake at night worrying that some inspector will suddenly decide to make an example of them for a minor technical breach.

Thirdly, amendment 25 addresses the sweeping powers of inspectors. As drafted, the Bill will even allow inspectors to enter homes and seize products on the say-so of a Minister’s regulation. My right hon. Friend the Member for Beverley and Holderness (Graham Stuart) warned in a previous debate that a future Minister, on a whim, could create legions of inspectors with the rights to barge into people’s homes or businesses and to confiscate property. We must ensure that enforcement powers are proportionate to actual risks, and that innocent consumers and traders are protected from unreasonable intrusion.

[Aphra Brandreth]

I rise to speak in support of amendments 23 to 25 on the enforcement of product regulations. Let me be clear: no one here is arguing against the need for robust enforcement of product safety or regulatory compliance. However, we must consider the broader context.

Clause 3—indeed much of the Bill—is a classic example of what the Delegated Powers and Regulatory Reform Committee in the other place has rightly criticised as “skeleton legislation”. The Bill delegates sweeping powers to Ministers to create regulatory frameworks entirely through secondary legislation, with little to no detail included in the Bill itself, yet here in clause 3, we are being asked to give authorities that have not yet been named real and potentially intrusive enforcement powers for regulations that have not yet been written. That should give us all pause for thought.

Subsection (1) allows Ministers to designate anyone as a “relevant authority”, and subsection (3) gives those authorities the power to investigate, monitor and even mitigate non-compliance. We then come to subsection (4), which grants those authorities the ability to appoint inspectors armed with powers to enter premises, seize goods, demand information and even order the destruction of products. These are serious powers. They may well be appropriate in specific, proportionate contexts but the point is that we do not know what those contexts will be because the Bill does not tell us.

How can we, in good conscience, grant enforcement powers for rules that have not been set to people we have not identified in a system that Parliament will have very limited opportunity to scrutinise? This is not a narrow, technical concern; this is a constitutional one. As the DPRRC in the other place said in its report:

“Skeleton legislation signifies an exceptional shift in power from Parliament to the executive”.

This is not something that this House should hand over lightly.

Our amendments do not reject the need for enforcement powers in principle, but as my hon. Friend the Member for West Worcestershire said, the wording of clause 3 needs to be clarified. Who are these authorities and what are their functions? In our amendments, we seek clear information, which is vital. There will be significant costs to businesses, so the powers must be clear. We all support product safety, but I urge the Committee to support the amendments and, in doing so, uphold the role of the House in setting the law, not just rubber-stamping it once the details have been decided behind closed doors.