Product Regulation and Metrology Bill [Lords]

Caroline Nokes Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

Second Reading

[Madam Deputy Speaker (Caroline Nokes)]

The reasoned amendment in the name of Andrew Griffith has been selected.

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[Jonathan Reynolds]

On Second Reading, we have a Bill that is even stronger than the one that started in the other House. Once again, I thank all our colleagues in the other place for their constructive feedback and contributions to the debate. I will not go through every change that has been made, but I will mention some aspects of the Bill that have been strengthened.

First, we have amended the Bill to ensure that there is more parliamentary scrutiny, and we have provided for a statutory consultation requirement to ensure that regulations are informed by those who would be impacted by them. There will also be that additional use of the affirmative procedure for regulations stemming from the Bill. Secondly, the Bill now includes a requirement for me, as the Secretary of State, to publish a statement setting out how my Department expects to identify and assess high-risk products.

Finally, contrary to previous suggestions from the Conservative party, the great British pint will clearly not be affected by this legislation, whether that is ale, cider or indeed milk. We do not believe that the Bill in its original form posed any threat to the pint, but we do not want to run the risk of colleagues thinking that my reassurances are small beer, so we accepted an amendment tabled in the other place that will give the pint statutory protection. That means, Madam Deputy Speaker, that in a few weeks’ time, when I hope you will confirm to the House that the Bill has received Royal Assent, we will all be able to raise a pint—protected under statute—to the Bill. I did inquire about whether I was allowed to bring a pint with me to the Chamber to illustrate the point, but that is apparently not in order; only the Chancellor has that ability. Given the week I am having, perhaps we will look at that at a later date.

To summarise, this legislation will finally enable the Government to properly regulate in areas where we have been unable to do so post Brexit. It will also give us the tools we need to better regulate modern-day consumer products. The Bill will help to create a fairer environment for high street shops and small businesses, support our growth mission and provide better protection for millions of consumers. For all those reasons, I commend the Bill to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Secretary of State.

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[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.

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[Michael Wheeler]

I disagree that the issue is “purely” around enforcement. Obviously, there are elements of enforcement, but separating out one part of a package—a regulatory framework that will future-proof us from other issues—is not a coherent argument.

To conclude, it is vital that we create a product safety, regulatory and metrology framework that protects consumers, encourages fair competition and meets the changing picture internationally. This Bill delivers that framework, and I look forward to supporting it further in this House.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

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[Jonathan Reynolds]

I am really grateful to the hon. Gentleman for engaging with the issues about product safety and consumer protection in the Bill, and he is making a serious speech in relation to them.

First, on the point of the customs union, which was skilfully woven into his speech, that would preclude us from reaching any arrangements with the United States, India, the Gulf states or other countries. For my money, if we wish to be part of something without a say in how it would affect our trade policy, that would be a very difficult position to take. I will come back to the references made by Conservative MPs, who often feel like they are fighting the old, last war. They cannot get past it—

[Madam Deputy Speaker (Caroline Nokes)]

Order. First, I gently suggest to the Secretary of State that he is meant to be making an intervention. Secondly, we are quite definitely debating the Second Reading of the Product Regulation and Metrology Bill, not a customs union. Perhaps the Secretary of State will conclude his remarks.

[Jonathan Reynolds]

I will, Madam Deputy Speaker. In relation to the number of references made to the EU in this Bill, the EU is explicitly referenced simply because UK product regulations are derived from a lot of EU regulations. We have to reference that when looking to the future, particularly when we recognise some of those European standards, but it is wrong to simply look at those references and try to make them out to be something they are not.

[Clive Jones]

Thank you for your intervention, Secretary of State. You are right—

[Madam Deputy Speaker (Caroline Nokes)]

“He” is right!

[Clive Jones]

Sorry. The Secretary of State is right when he talks about us needing to keep up with EU regulations. We definitely need to do that.

Despite the potential in this Bill, unfortunately it contains very little actual policy. It relies far too heavily on secondary legislation, which limits opportunities for parliamentary scrutiny and provides little clarity on what the Government actually intend to do with the powers they are giving themselves. The Bill hurls us into a hokey-cokey trade policy in which, at Ministers’ political whims, we can stick ourselves into aligning with the EU just as easily as we can throw ourselves out of it all over again if another Government decided they wanted to do that. It will also hurt business confidence, because the underlying regulations of our country can be easily altered without the appropriate levels of scrutiny from Parliament.

Taking a step back from the issue of EU alignment, this principle can apply across any of the areas that this Bill seeks to regulate. It is developing opaque mechanisms on which the Government expect us to trust them to do better. However, Government Members must contend with the fact that they will not be there forever. All the potentially positive things they could do with this legislation could be reversed or made worse by a different Government.

It is at this point that I must recognise the excellent work of the Liberal Democrat peers. For example, a Lib Dem lord introduced an amendment that protected the use of the unique British pint measurement, ensuring that the Bill could not prevent or restrict its use for beer, cider, or milk in the iconic pint bottle. Liberal Democrat peers pressed the Government to introduce stronger protections against lithium-ion batteries, and a Liberal Democrat peer also ensured that the Government included an important amendment that requires the Secretary of State to publish a statement setting out how the Government expect to identify and assess product safety risks before legislation is laid. Put simply, this will ensure greater scrutiny of regulations that are designed to make products safe.

Despite those improvements, the Bill is still ultimately a skeleton framework that shifts legislative authority from Parliament to the Executive without the necessary level of scrutiny. Many great Ministers agree with me that skeleton Bills are the wrong way to deliver legislation. In fact, in 2023—a mere two years ago—one shadow Minister stated that such Bills were not

“a model example of how Parliament would like to see legislation brought forward”,

and that we should be minimising

“the use of delegated powers where possible”.—[Official Report, 18 January 2023; Vol. 726, c. 409.]

I agree with that then shadow Minister, the hon. Member for Ellesmere Port and Bromborough (Justin Madders), who is now sitting next to the Secretary of State who has brought forward today’s Bill. I am sorry that he does not agree with himself any more.

I also note the assurances that the Government gave to my Liberal Democrat colleagues in the other place that a process for editing statutory instruments will be brought forward. We will be pushing for details of that pre-legislative consultation as the Bill progresses through the Commons. Any Government will say that they are acting in our best interests, but all of the things that this Bill could do—such as enhance consumer safety, reduce trade barriers and build an economy fit for the future—could be undone at the stroke of a pen. That is a pen that Parliament should hold, not Ministers.