Product Regulation and Metrology Bill [Lords]

Debate between Clive Jones and Sammy Wilson

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Clive Jones]

Can I just carry on a bit? Thanks.

Online marketplaces are rapidly expanding in number and popularity, competing with high streets across the nation, but unfortunately, there is no level playing field on which those two competitors can battle it out for consumers’ cash. That is what the Bill should be addressing, because our high streets and our small businesses must contend with regulations that online marketplaces are not equally liable to. That is not a level playing field. For example, unsafe products are flooding online marketplaces. A study by Which? revealed that 90% of toys purchased from Amazon, eBay, AliExpress and Temu were illegal due to choking and strangulation hazards. Another study from the British Toy and Hobby Association found that 85% of toys from online marketplaces were unsafe, with 8% also illegal due to missing warnings. Do we want that situation to continue?

[Sammy Wilson]

I note that the hon. Member has described many of these toys as “illegal”. In other words, the law is there already. This Bill is therefore not necessary to deal with children choking on toys and all the other things he has outlined. The law is already there; the question is, do we actually implement the law?

[Clive Jones]

The law needs to be tightened up. We definitely need to be taking a lot more interest in the unsafe products that online companies are selling.

Do we want to allow unsafe toys to be sold to our precious children by some faceless online operation through an online market? I am sure the answer is no, but the Bill as it is written fails to address that. The problem is not just limited to toys, but extends to heaters, phone chargers and batteries. The Government have signalled an ambition to bring online marketplace liability in line with more traditional models of retail, but an ambition can be easily reversed by a different Government without parliamentary oversight. Without the measure being explicitly put into the Bill, consumers and the high street are not receiving the guarantees they deserve.

This is a serious issue for children and personal safety, and we therefore need explicit guarantees of minimum duties for online marketplaces in the Bill. What is the Minister’s view on whether a duty to notify consumers who have been sold unsafe or illegal products should be placed on online marketplaces? Such a duty could enhance consumers’ rights to seek a refund of the purchase price. Will a requirement to verify the identity and activities of sellers be established? If it is a yes to any of those questions, the Minister should do the right thing and amend the Bill so that those guarantees are enshrined in primary legislation.

I could go on. The Bill requires a tighter definition of an online marketplace to ensure that there are no loopholes for platforms to avoid appropriate regulations. That is especially the case for platforms that do not exist solely as an online marketplace, such as TikTok Shop and Facebook Marketplace.

Finally, the Bill does not make explicit reference to e-bikes, e-scooters or lithium-ion battery safety, despite safety being one of the explicit aims of the Bill. E-bike and e-scooter battery fires pose a uniquely high risk to consumers, with the London Fire Brigade estimating that it attends a fire incident caused by one of these devices once every two days. There need to be stronger regulations on these things. Can the Minister explain why they are not included in the Bill?