Control of Mercury (Enforcement) (Amendment) Regulations 2025

Baroness Suttie Excerpts

Thursday 30th October 2025 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I, too, thank the Minister for her very clear presentation. I take the opportunity to wish the noble Baroness, Lady Hayman, a speedy recovery. If she is watching this debate today, she should know that we are all thinking of her. I thank the noble Baroness, Lady Hoey, for the opportunity to have this debate, because it is an important debate. However, as ever, it is a debate about two different issues. The first is the ongoing constitutional debate about the functioning of the Windsor Framework and the democratic questions arising from Northern Ireland having to accept decisions taken by the European Union when we no longer have representation there since leaving the EU. The second debate is the substance of these regulations: the phasing out of amalgam dental fillings and the exemption for Northern Ireland to 2034. I will deal with the latter point first.

I believe the exemption to 2034 is welcome. The NHS in Northern Ireland, and dentistry in particular, is in a state of some crisis. This nine-year exemption will allow time to make the transition from amalgam to composite fillings in a planned and phased manner, and will avoid the shock to Northern Ireland dentistry which many dental professionals warned about. Clearly, I am not a dentist. I listened with interest to the noble Lord, Lord Weir, and to the noble Lord, Lord Reay, but it is noticeable, I would say, that amalgam fillings have seen a marked decrease in popularity in recent years. People are keen to choose the more aesthetically pleasing white composite fillings.

The noble Lord, Lord Reay, powerfully made the case in his speech that the use of mercury amalgam fillings has always been somewhat controversial. They require much greater drilling in the tooth, which can have long-term consequences. They add enormously, as the noble Baroness, Lady Bennett, has said, to mercury pollution in the environment. Ahead of this debate today, I was reading that a recent medical research paper has indicated that their use might even have an impact on arthritis. I would be grateful if the Minister could, as the noble Baroness, Lady Bennett, asked, clarify the Government’s position on eventually banning mercury amalgam fillings in England.

Like the noble Baroness, Lady Bennett, ahead of the imminent meeting on the Minamata Convention on Mercury being held next week, from 3 November to 7 November, I would be interested to know the Government’s response to a proposal by the African nations for a ban on dental amalgam by 2030. I believe the Minister in her opening remarks said that if amalgam fillings are eventually banned for the rest of the UK ahead of 2034, Northern Ireland would follow suit and these regulations would fall. I would be grateful if she could clarify that in her closing remarks.

On the constitutional issue, as noble Lords will know—indeed, it would not be a debate on a regret amendment from the noble Baroness, Lady Hoey, if I did not point this out—if we had not left the European Union then we would not be having these arguments, because we would have been able to make the case within the EU institutions on behalf of UK dentists, including Northern Ireland dentists, at the Council and the European Parliament. But she and I are never entirely going to agree on those matters.

As others have said, the Windsor Framework is very far from perfect. There is a democratic deficit, and it is something that we in the rest of the UK are going to have to face if we go further down the route of dynamic alignment. But I would argue that this set of regulations is a positive story. There was an issue, and the UK Government and the EU listened, the Northern Ireland Assembly made the case powerfully, and an exemption to 2034 was granted. That is why on these Benches we support these regulations and oppose the amendment of the noble Baroness, Lady Hoey.

[Lord Blencathra (Con)]

My Lords, I welcome the amendment from the noble Baroness, Lady Hoey, because it allows us to debate a very important subject. It is important on two counts, as we heard in the debate: first, on the constitutional issue, and, secondly, on the merits or demerits of amalgam—and some powerful speeches were made pointing out how dangerous it can be. It has allowed us to hear an excellent opening address from the Minister.

I congratulate the noble Baroness, Lady Hoey, on two counts, the first being her assurance, and that of the noble Lord, Lord Weir, that we will finish by 7 pm. Of course, this being Northern Ireland business, I was betting on 6.55 pm. The second count is that Peers from Northern Ireland have raised the important constitutional question. I say to the noble Lord, Lord Dodds, that I do not find this tedious at all. I am afraid I share his view that, sooner or later, this is going to come to a crunch. We have yet another regulation before us here which will slowly drive a wedge between our United Kingdom and our Northern Ireland.

I had no idea about the poppies issue. I Google searched it after the noble Baroness mentioned it, and I was appalled to find that she is absolutely right—EU interference with selling poppies in Northern Ireland.

We on these Benches recognise the importance of reducing mercury use in line with the Minamata convention. We do not oppose the principle of this instrument. However, it is right that we probe the Government on how it has been implemented, particularly regarding dental amalgam and its replacement, as my noble friends have discussed.

Northern Ireland, as we know, has been granted a longer-term transition period, allowing the continued import and use of amalgam until 2034 to avoid disruption to dental services. Apart from my noble friend Lord Reay, most Members in the House seem to agree that the extension is sensible while we look for workable alternatives. What engagement has taken place with dental practitioners in Northern Ireland? How will the Government monitor the practical impacts of divergence between Northern Ireland and Great Britain? How will any future decision under the Minamata convention affect this timeline?

We note the British Dental Association’s concerns about cost and capacity. Amalgam, it says, is a widely used and affordable material, and replacing it too quickly, without proper support, could worsen access issues. My noble friend Lord Bourne also wanted reassurance on that point. On the other hand, my noble friend Lord Reay, in a very powerful speech, pointed out the severe dangers of mercury amalgam and that alternatives were available already—almost as cheap and better.

I simply do not know. I will not say that finding the answer is like pulling teeth—there is no time for silliness—but the Government ought to know. If the Government do not know now, hopefully in the next few years they will. Will we be able, before 2034, to find for the whole United Kingdom—not just Northern Ireland but the whole United Kingdom—a reasonably cheap alternative to dental amalgam?

We do not oppose this instrument, but we urge the Government to remain alert to its impact on front-line services to ensure that both patients and practitioners in Northern Ireland and the United Kingdom are properly supported. I urge the Government, as soon as possible, to work with those developing alternatives to make sure that a replacement is available to Northern Ireland and the United Kingdom as soon as practicable.