Product Regulation and Metrology Bill [Lords]

Gareth Snell Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Joy Morrissey (Beaconsfield) (Con)]

I have deep concerns about this Orwellian Bill because of what it does not explicitly say and its ambiguity regarding EU dynamic realignment. The Henry VIII powers the Bill gives Ministers will have serious consequences for businesses, consumers and our ability to trade, but does so with little detail on how they intend to use such powers.

Let me first turn to regulatory alignment. As you may recall, Madam Deputy Speaker, I spent much time taking the Retained EU Law (Revocation and Reform) Act 2023 through as a Whip, and I believe passionately that that Act was vital to take back control, for parliamentary sovereignty and in freeing businesses to compete by shedding unnecessary EU regulations, directives and red tape. So I will say plainly that this Bill will lead to regulatory alignment with the EU through the back door. I invite the Minister to confirm from the Dispatch Box that this Bill and the powers it gives Ministers will not be used by this Government for dynamic alignment with EU regulations. I doubt that any such categoric reassurance is likely to be forthcoming, but I await with bated breath and a hopeful heart that it be so.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Will the hon. Lady give way?

[Joy Morrissey]

Let me make some progress, and then I will give way.

The Government have always claimed that they would not return us to the single market and the customs union, and many believed them. I was always a healthy sceptic, but I am willing to be proven wrong. However, my fear is that this Bill will lead to back-door EU regulatory alignment, and whether that is deliberate or unintentional matters not. We had our democratic instructions from the British people, and we must honour them.

I now want to talk about competition—

[Gareth Snell]

Will the hon. Lady give way on regulatory alignment?

[Joy Morrissey]

Let me make some progress.

[Gareth Snell]

It is on the point the hon. Lady is moving away from.

[Joy Morrissey]

Well, I am now on competition. Would the hon. Member like to make a comment about that?

[Gareth Snell]

No, this is on the last point.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. This is turning into a debate in itself. It is very clear that the Member does not want to take an intervention right now, Mr Snell, but she may do so later.

[Joy Morrissey]

I now want to talk about competition—

[Gareth Snell]

Will the hon. Lady give way on a point about competition?

[Joy Morrissey]

I will give way on a point about competition.

[Gareth Snell]

Persistence sometimes pays off, Madam Deputy Speaker. I genuinely want to pick up the point the hon. Lady is making about competition in relation to alignment. In the ceramics sector, the food contact materials regulations set by the European Union are essential to enabling the export of the products we create and make. They are product regulations for safety, but she seems to be suggesting that any regulatory alignment is a bad thing. Is that her party’s message about alignment for the purposes of export that I should take back to the thousands of workers in Stoke-on-Trent?

[Joy Morrissey]

With exports, we can apply any kind of regulation we want to maximise our market advantage from leaving the EU. We could apply a statutory framework for Japan, or any country we want, to ensure we can export our products. The point of leaving the EU was so that we could remain globally competitive, and so that we could choose to adopt any regulatory framework we wanted if that market enabled us to export our products, support our businesses and help to grow our economy. I would support that, but nothing of that is mentioned in the Bill. If it mentioned realignment with market values in relation to Japan, so we could export things to Japan or to other markets, I would be interested in looking at the Bill holistically, but not once is any country or trade grouping mentioned except the EU. That gives me pause, and it makes me wonder whether this is an attempt to achieve a backdoor realignment with EU regulatory frameworks without the scrutiny of Parliament.

--- Later in debate ---

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

Good regulation is basically the immune system of our nation, and it is often unseen. When regulation is working well and having the desired effect, we rarely see it happening because it is keeping us safe and protecting us from those harms that we outsource to the Government to keep watch over for us. It is taking the necessary steps and measures to make sure that we are safe, the things we buy are safe, the interactions we have in our communities are safe and our children are safe. That regulation is a protection, essentially, and this Bill gives the scope and the agility for the Government—any Government—to respond quickly and in a timely manner to new and emerging potential threats that regulation is required to protect us from.

I worry when Governments of any colour—including, unfortunately, that of my own party of late—seek to suggest that regulation is inherently a bad thing, an inhibitor of growth or the heavy hand of the state stopping the illustrious bounds of enterprise, because it often is not. Often it is about a level playing field. It is about creating the circumstances where competitors in Stoke-on-Trent have as much opportunity to compete with their competitors around the country or around the world in a way that we understand to be fair, balanced and proportionate. To me, this Bill sets us on a course where we are able to do that.

There are some areas where product regulation and the safety that comes with it are lacking. If the House will indulge me, I would like once again to talk about ceramics and the ceramic industry because I believe that the product regulatory framework and the existing protections for ceramics—in terms of the quality of goods that are purchased and also the protection of the level playing field—could benefit hugely from actions that the Government could take through the powers in the Bill.

We have discussed online drop-shipping platforms many times in this House. These are websites that bulk buy things and sell them into the UK, often at a fraction of the price that people could buy them for in this country, and often faking and forging the identities and brands of British companies, without any consideration for what people are actually buying. I was shown a great example by a company in Staffordshire, Dunoon ceramics, which makes a very particular style of ceramic mug. The mugs cost about £28 to make and they retail at about £35, sometimes up to £50.

An online drop-shipping website was selling a fake version—with the same artwork and the same “Made in the United Kingdom” sticker and backstamp on the base—into the UK for about £10. We have no idea whether that product was meeting the Materials and Articles in Contact with Food (England) Regulations 2012 that it is required in this country to meet in order to be considered safe. We had no idea of the levels of lead or cadmium in the paint, no idea what the glaze was made of, no idea where the clay had come from and no idea of the conditions under which it was made, but it was sold into the UK thousands at a time, undercutting the British company. For clarity, I have no idea whether the product was defective, but it could have been, thereby putting people at risk.

[Sir John Hayes]

The hon. Gentleman may not know this, but I collect ceramics, by the way, so I am extremely interested in them. He is right that we should support and, indeed, revere the British ceramic industry, but many laws already prevent the kind of counterfeiting he describes and other laws prevent illegal substances from being used and sold in the manufacture of goods. There is a lot of existing statute that protects consumers from the kind of practices he describes.

[Gareth Snell]

The right hon. Gentleman is correct that there are existing protections for some of the things I have mentioned that, if enforced properly, could take those products off the market, but the enforcement of many of our regulatory frameworks in this country is quite weak. Funding for most enforcement agencies across this country was—not to make a party political point—reduced under the last Government. I hope this Government will reconsider that because a regulation is only ever as good as the enforcement regime sat behind it.

[Sammy Wilson]

Would the hon. Member accept that if Ministers got up at 9 o’clock in the morning and worked until 9 o’clock at night introducing regulations on the basis of this Bill every day, but there was no enforcement or the enforcement was as weak as he says it is on pottery, we would be no better off?

--- Later in debate ---

[Gareth Snell]

I do not think anybody would disagree with the right hon. Gentleman’s assessment that if there is no enforcement of regulation, there is no benefit, but we are not saying in the Bill that there should be less enforcement. The Bill produces a framework in which the Government can take action to respond to create the good regulation necessary. I will freely admit that what has to come with that are the enforcement arrangements to ensure those new regulations are enforced properly, penalties to deter people seeking to circumvent the regulations, and the proper resourcing of enforcement agencies so they are equipped to take action against those people and companies seeking to circumvent the laws. Without that, I fully accept that regulation for the sake of regulation is no good any more than regulation being cut or diverged for the sake of divergence and reduction is any good. It comes down to enforcement.

To go back to the comments of the right hon. Member for South Holland and The Deepings (Sir John Hayes), there is one area in this Bill where Government action could bring in a new product protection regulation that would have a huge impact on the ceramic industry. That is around the backstamp on the bottom of a piece of ceramic or pottery. As an avid collector, he will be aware of the importance of those backstamps. In this country, if we turn over any plate, cup or anything made from good-quality British ceramics, we will normally find the words “Made in England” and the pottery name underneath it. Consumers then know they are buying a premium piece of British-manufactured ceramics that has been made to a suitable product standard that we accept in Stoke-on-Trent is one of the best in the world. It is perfectly plausible, as has been done with some of the fakery, to replicate that phrase when it is not true.

The other challenge we have is companies that import things into the United Kingdom augmenting the wording of that particular backstamp to suggest it has been made in the UK when it has not. It may have been bisque-fired overseas, imported and then decorated and glazed in the UK, but it will normally have a company name, the word “England” and the date upon which that historic brand was established. It gives consumers the idea that they are buying a piece of British-made ceramics that would therefore be protected by the normal product regulations when in fact it is not.

There is the potential for the Minister to use the new powers in the Bill to produce new regulation that says anything produced in the UK that is considered to be ceramic has to have a proper mark on the base that demonstrates where it was made and where it has come from and to demonstrate that it was made in the UK. If a company is not making it in the UK, they become prohibited from putting the words “England” or “Made in the UK” on it.

[Sir John Hayes]

I am extremely grateful to the hon. Gentleman for giving way a second time—it is very generous of him. I think that we should jointly sponsor a Bill, Madam Deputy Speaker—the hon. Gentleman and I, not you and I, although we would love for you to be involved. He and I could jointly sponsor a “Made in Britain” Bill that would do exactly what he describes. I am not sure that this piece of legislation is necessary to do that, for we have that power in this House as it stands. Let us get little crowns printed on eggs again, let us have “Made in Britain” printed on everything, and let us go back to “Foreign made”, which was formerly widely used. I would love to see “Foreign made” stamped on imported goods—then people would not buy them!

[Gareth Snell]

I am very sorry to disappoint the right hon. Gentleman, but I and a number of my colleagues have already presented the Ceramics (Country of Origin Marking) Bill. He is more than welcome to support it should it ever be given its Second Reading. However, because of the nature of this place and the way private Members’ Bills work, I am realistic about the fact that if we are to see that regulatory protection for British ceramics, it will have to come through a different mechanism. The mechanism in this Bill, which allows the Government to make those protective arrangements through secondary legislation, could increase the protection of British ceramics.

My final point is about a level playing field for exports. I take the point that the right hon. Member for East Antrim (Sammy Wilson) made, after I had intervened on the hon. Member for Beaconsfield (Joy Morrissey), about our regulatory regime and where we want to export. The bulk of the ceramics made in my constituency are exported to the EU. We could diverge from the EU food contact materials regulations and have a secondary system in this country, but all that would do is create a separate set of regulatory regimes for small companies with small margins, requiring them to make products twice. We simply could not stand that burden. Before I get attacked for being one of those horrible remainers, I urge Members to check my voting record during the 2017 to 2019 Parliament. There are times when sticking with what we know—the European regulations—absolutely makes sense. We should control that, but it makes sense to align ourselves where we should.

I support the Bill. I hope that the Minister will, as one of his first actions with his new powers, consider my points about ceramics. If he does not, perhaps he would like to support my Ceramics (Country of Origin Marking) Bill.

[Several hon. Members rose—]

Product Regulation and Metrology Bill [Lords]

Gareth Snell Excerpts

Report stage
Wednesday 4th June 2025 Commons Chamber

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

With this it will be convenient to discuss the following:

New clause 2—Requirement to inform customers about changes to prepackaged products—

“(1) A supermarket must inform customers if—

(a) there has been an increase in price per unit of measurement in any prepackaged product sold by the supermarket; and

(b) this increase has resulted from a decrease in the quantity of the goods included within the package.

(2) The requirement to inform customers must include a statement attached to the product, or placed alongside the product.

(3) The statement must—

(a) include the amount the quantity has decreased by and the amount the price per unit of measure has increased by;

(b) be the same font size as the unit price of the product and must be visible and legible; and

(c) be in place from the date of the change in unit quantity and remain in place for the following 60 days.

(4) In this section—

‘prepackaged product’ is a product that has been wrapped or placed in a container before being made available for retail;

‘quantity of goods’ includes, but is not limited to—

(a) weight of goods;

(b) volume of goods;

(c) number of units;

‘supermarket’ is a store with a sales area greater than 400m² of which 50% or more of the products sold are food products.”

This new clause would place a requirement on supermarkets to inform customers when the quantity of goods within the product had decreased resulting in a price increase per unit of measurement.

New clause 3—Reviews of potential country of origin labelling for meat products—

“(1) The Secretary of State must undertake a review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin of beef products sourced from the United States on menus.

(2) The review must consider—

(a) the potential public health, environmental, and animal welfare concerns related to beef production standards in the United States compared to those in the United Kingdom;

(b) the practicality of creating regulations for the labelling of beef for food service businesses equivalent to the Beef and Veal Labelling (England) Regulations 2010;

(c) consumer demand for country of origin information in relation to beef products; and

(d) the practicality and cost implications for the hospitality sector.

(3) The Secretary of State must, in undertaking the review, consult with representatives of the food and hospitality sectors, the National Farmers Union, food safety bodies, animal welfare groups, and any other stakeholders deemed relevant.

(4) The Secretary of State must lay a report on the findings of the review before Parliament within 6 months of the passing of this Act.

(5) Within 6 months of laying the report under subsection (5) the Government must undertake a further review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin labelling for any meat product from any country with reference to the outcomes of the report under subsection (5).

(6) The Secretary of State must lay a report on the findings of the review under subsection (6) before Parliament within 6 months of the launch of that review.”

This new clause requires the Government to undertake reviews into the feasibility of requiring food businesses to disclose the country of origin of meat products on menus.

New clause 4—Labelling for UK-produced or manufactured products—

“(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.

(2) The label must be—

(a) displayed clearly on the front-facing packaging of applicable goods;

(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and

(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.

(3) A product qualifies for the label if—

(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and

(b) it meets any additional criteria as set out by regulations made by the Secretary of State.

(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.

(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.

(6) Regulations under this section must be made within 2 months of the passing of this Act.

(7) In this section—

‘product’ includes food, drink and manufactured goods available for retail sale;

‘produced or manufactured in the United Kingdom’ includes goods where the final significant production process occurred in the UK.”

This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.

New clause 5—Support and Guidance for Small and Medium-Sized Enterprises—

“(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act.

(2) The guidance must include—

(a) a summary of the key provisions of the Act relevant to SMEs;

(b) practical advice on compliance requirements;

(c) information on any available financial, technical, or advisory support; and

(d) contact details for further enquiries or assistance.

(3) The first version of the guidance must be published on the day this Act is passed.

(4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.”

This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available 60 days before implementation.

New clause 6—Review of access to testing and certification for small and medium-sized enterprises (SMEs)—

(1) The relevant Minister must undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.

(2) The review must include consideration of—

(a) the typical costs incurred by SMEs in meeting relevant testing and certification requirements;

(b) the availability and capacity of accredited testing providers serving SMEs;

(c) any barriers to market access arising from testing and certification obligations; and

(d) potential non-financial measures to support SMEs in meeting compliance requirements.

(3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.”

This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.

New clause 7—Liability and redress for unsafe or defective products—

“The Secretary of State may by regulations make provision for—

(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);

(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;

(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”

This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.

New clause 8—Alignment with EU law—

“(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.

(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.

(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.

(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”

This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.

New clause 9—Inclusion of lithium-ion batteries as a priority product category—

“(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements.

(2) Regulations made under subsection (1) must include—

(a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market;

(b) requirements for clear labelling, including information on capacity, cycle life, and safe handling;

(c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling;

(d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries.

(3) In this section, a ‘lithium-ion battery’ means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.[KM1]

(4) Before making regulations under this section, the Secretary of State must consult the following stakeholders—

(a) representatives of the battery industry,

(b) environmental groups,

(c) consumer safety organisations,

(d) fire services, and

(e) any other person whom the Secretary of State considers to be relevant.”

This new clause would ensure that Lithium-ion batteries are included in the Bill.

New clause 10—Duties of online marketplaces—

“(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties—

(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;

(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;

(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;

(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way.

(2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).”

This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.

New clause 11—Product recall—

“(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.

(2) The regulations must include provision to ensure—

(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;

(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;

(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and

(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.

(3) The regulations must establish consumer rights entitling individuals to—

(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;

(b) access to support and guidance through the recall process, including where a product is no longer in production.

(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”

This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.

New clause 12—Local weights and measures authorities: review—

“(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws.

(2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.”

This new clause provides for the Secretary of State to carry out a review of how the funding and capabilities of Trading Standards authorities affects their enforcement activities, to consult appropriate bodies and stakeholders and to lay the review before Parliament.

New clause 13—International agreements—

“(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under—

(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,

(b) the Japan Economic Comprehensive Partnership Agreement,

(c) the UK-Canada Continuity Trade Agreement,

(d) The UK-Australia Free Trade Agreement,

(e) the UK-New Zealand Free Trade Agreement, or

(f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.”

This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements.

New clause 14—Review Panel—

“(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force.

(2) The Panel must—

(a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing—

(i) their effect on economic growth;

(ii) their effect on trade in the product concerned on a global basis;

(iii) their effect on the relevant industry or industries within the United Kingdom;

(b) prepare a report of the review, and

(c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation.

(3) The Panel must consist of—

(a) at least one person with expertise in economics;

(b) at least one person with expertise in trade policy;

(c) at least one person with expertise in domestic regulation of business.”

This new clause would ensure a review and report to Parliament of any regulations aligning UK regulations with those of other countries or territories.

New clause 15—Consultation on committee to examine changes to product regulations—

“(1) The Secretary of State must, within three months of the passing of this Act, commission a consultation on the creation of a committee on changes to product regulations.

(2) A consultation under subsection (1) must consider the suitability of current scrutiny mechanisms for assessing regulations created through the powers created or amended by the Product Regulation and Metrology Act 2025.

(3) A consultation under subsection (1) must consult—

(a) the Chair of the House of Commons Business and Trade Committee,

(b) the Chair of the House of Commons Foreign Affairs Select Committee,

(c) the Chair of the House of Commons Liaison Committee,

(d) the Chair of the House of Commons Public Administration and Constitutional Affairs Committee, and

(e) the House of Commons Commission.

(4) The Secretary of State must, as soon as practicable after receiving a report of a consultation under subsection (1), lay before both Houses of Parliament—

(a) a copy of the report of the consultation, and

(b) a statement setting out the Secretary of State’s response to that consultation.”

The new clause would require the Secretary of State to consult on the establishment of a House of Commons committee that would examine all changes to product regulations which are made by the powers granted by this legislation.

New clause 16—Regulations: requirement for certification—

“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must certify that their effect is not to undermine the resolve of our constitutional arrangements to honour the choice of the people of the United Kingdom to leave the European Union by means of subjecting the United Kingdom to the same law as the European Union so it could subsequently be argued that the United Kingdom should rejoin so it has a voice in making the legislation rather than adopting legislation that has already been made by the European Parliament and Council of Ministers.”

New clause 17—Brexit good faith statement—

“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must provide a statement (a “Brexit good faith statement”) setting out how in the development of the regulations it has sought to honour the decision of the people of the United Kingdom to leave the European Union by developing, through the regulations, a legislative framework that intentionally seeks to exploit the opportunities afforded by Brexit to develop competitive and other advantages for the United Kingdom compared with the European Union in the global marketplace.”

Amendment 9, in clause 1, page 1, line 3, leave out subsection (1).

This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.

Amendment 10, page 1, line 9, leave out subsection (2).

This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.

Amendment 11, page 1, line 9, leave out “also”.

This amendment is consequential on Amendment 9.

Amendment 32, page 1, line 10, leave out “the United Kingdom” and insert “Great Britain”.

Amendment 25, page 1, line 11, leave out “EU” and insert “foreign”.

Amendment 12, page 1, line 13, leave out “(1) or”.

This amendment is consequential on Amendment 9.

Amendment 7, page 1, line 14, at end insert—

“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”

This amendment prevents the Secretary of State from making regulations unless satisfied that the regulations will not reduce consumer protection and regulatory standards in relation to products.

Amendment 8, page 1, line 21, at end insert—

“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.

(4B) Regulations under subsection (4A) must support—

(a) the creation of economic incentives for businesses that contribute to economic growth, and

(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”

This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

Amendment 26, page 2, leave out lines 12 to 18 and insert—

“‘relevant foreign law’ means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”

Amendment 5, in clause 2, page 3, line 6, at end insert—

“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”

This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.

Amendment 3, page 3, line 21, at end insert—

“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”.

This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.

Amendment 16, page 3, line 39, leave out subsections (7) and (8).

This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met.

Amendment 27, page 3, line 41, leave out “EU” and insert “foreign”.

Amendment 14, page 4, line 2, at end insert—

“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”

This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date.

Amendment 15, page 4, line 2, at end insert—

“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”

Amendment 28, page 4, line 5, at end insert—

“(8A) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of ‘relevant foreign law’ in section 1(7).”

This amendment, and Amendments 25, 26 and 27, open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, and require the justification of decisions to limit any such reference to the laws of one territory only.

Amendment 29, page 4, line 5, at end insert—

“(8B) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom.

(8C) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.”

This amendment would prevent the interpretation or enforcement of any regulations referring to foreign law, notably that of the EU, from being undertaken by any authorities other than those based in the UK (for example the European Commission or the CJEU).

Amendment 13, page 4, line 6, at end insert—

“(10) The provision described in subsection (7) may only be made if—

(a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and

(b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law.

Amendment 17, page 4, line 6, at end insert—

“(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom.

(11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.”

This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU).

Amendment 21, in clause 3, page 4, line 8, leave out subsections (1) and (2).

Amendment 22, page 4, line 11, leave out subsection (3).

Amendment 23, page 4, line 17, leave out subsection (4).

Amendment 24, page 5, line 16, leave out subsections (9) to (11).

Amendment 6, in clause 12, page 11, line 37, at end insert—

“‘circular economy’ means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”.

This amendment clarifies the meaning of “circular economy” and is consequential on Amendment 5.

Amendment 4, page 12, line 21, at end insert—

“(e) provision described in section [Product recall].”

Amendment 1, in clause 13, page 13, line 4, leave out from “Act” to “may” in line 5.

This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament.

Amendment 2, page 13, line 8, leave out subsections (4) and (5)

This amendment is consequential on Amendment 1.

Amendment 30, page 13, line 8, at end insert—

“(za) provision described in section 2(7);”

This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include referenced to relevant foreign law.

Amendment 31, page 13, line 19, at end insert—

“(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force.”

Amendment 18, page 13, line 24, at end insert—

“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.

(6B) Before making any regulations under this section, the Secretary of State must—

(a) conduct a consultation for a period of no less than six weeks;

(b) publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.

(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.”

This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.

Amendment 33, page 13, line 24, at end insert—

“(6A) Where the regulations are for the purpose of applying to Great Britain regulations already applied to Northern Ireland by the European Union, Northern Ireland must also be involved in the said consultation on an equal basis with the rest of the United Kingdom.”

[Gareth Snell]

I wish to speak briefly to new clause 1, which is a probing amendment that seeks to establish a couple of facts. I will start, however, by thanking the Minister for his time yesterday and for engaging with me on the matter. I know that he takes the matter of how we protect ceramics in the UK, and indeed how we can enhance that protection, as seriously as I do.

New clause 1 is a short amendment that simply asks the Government to explore and consider how we can better protect ceramics from counterfeit production, ensuring that when we buy something that purports to have been made in the UK, that is in fact the case. Most ceramics have something called a backstamp. If we turn over any piece of tableware or giftware in the UK, we normally see a stamp showing the company that made it and the country of origin. Most notably, for most pieces it states either “Made in England” or, even better, “Made in Stoke-on-Trent”.

[Adam Jogee (Newcastle-under-Lyme) (Lab)]

In Staffordshire.

[Gareth Snell]

Yes, that is in Staffordshire, as my hon. Friend says. There are factories in Newcastle-under-Lyme as well.

We are, however, seeing a proliferation of companies that seek to pass off material not made in the UK. Its firing will have taken place overseas and it will then be imported into the UK, with the decorating and final glost firing or hand-decorating stage happening in the UK, and with simply the word “England” put on to it. That way, the consumer thinks that the thing they are buying is a UK-made product, when in fact it is not.

There are many great companies in Stoke-on-Trent, which I know hon. Friends will reference in their speeches. I will speak briefly of Duchess, Churchill, Steelite, Emma Bridgewater and the companies that proudly put “Made in England” on the back of their products, because everything they do is made in England. The clay is first moulded, first fired, glazed, decorated, second fired and sold in the UK. It is a genuinely British product, and there is value in that product. We know from the export markets to South Korea and America, in particular, that those customers want to buy products that are made in the UK.

There are some companies that quite honestly import from overseas and they are very clear about that. Plates made by some companies in my constituency, such as Portmeirion, quite clearly state that they have been made in China, but they sit alongside products made in the UK. The company is very up front about that; it does not seem to hide it or to try to confuse the consumer. It is clear about the fact that it imports some of its ware from overseas.

Some companies, however, simply seek to put the word “England” on the back of their products. That will be because the company is probably English registered, or it is one of the UK’s historical brands that have a long affinity with Stoke-on-Trent, even if the manufacturing processes no longer takes place there. A consumer will turn that product over and see the name of one of our historical companies and a date, normally from the 1700s or 1800s, and they will see the word “England” underneath it. It is completely and utterly understandable for them to look at that and think, “This is a product made in England”, but often it is not.

New clause 1 asks the Government to come forward with an investigation to consider whether there is merit in protecting things that are made in the UK by having that country of origin stamp, specifically for ceramics. I know that the Liberal Democrats have tabled a similar amendment today that would do this for a whole host of products. I am glad that we are using similar language on this, because whether it is food or any other products unrelated to ceramics, if they have been made in the UK they should clearly say so. My new clause specifically looks at ceramics, and I will not deviate into the speech that I am sure will come from the Liberal Democrat Benches.

Another aspect that the Minister graciously made time to discuss yesterday is the companies, particularly Chinese companies, that now seek to copy the backstamp. We have some great examples from a company called Dunoon in Staffordshire that makes excellent ware. If a consumer buys an item from the company’s shops, it will have “Made in the UK” written on the bottom, and little stickers on it that say “Made in the UK”. I have in my office some Chinese copies that have copied the “Made in the UK” sticker and the “Made in the UK” backstamp. These are sold through drop-shipping companies online, so tracing where they actually come from is very difficult.

Any consumer who collects that sort of material would be forgiven for thinking that they were buying something online that had been made in the UK. It will have a “Made in the UK” backstamp and sticker, and all the design elements match almost perfectly the ones that are made in the UK, but the consumer will have no idea where it was made. They will also have no idea whether there are elements of mercury and cadmium in the glaze that has been used, whether the pigments used to decorate it meet the standards we have in the UK, or whether it meets the food contact regulations that are required in the UK for items used for drinking or eating off. The consumer will have no idea about the quality of the clay, or what has been added to the clay before firing. Sometimes, in products that are imported into the UK from less good manufacturers, the clay will have been mixed with material that can have a harmful effect on the consumer.

New clause 1 simply asks the Government to consider the merits of a country of origin marking scheme for ceramics. It does not commit the Government to bringing forward such a scheme. I have a ten-minute rule Bill, which is currently waiting for a free Friday, when it can get an airing and we can discuss that in more detail. This is about trying to establish the principle that there are things that are made in the UK that we value, and that if we know they have value because they are made in the UK, we should do all we can to try and protect that.

[Adam Jogee]

I am pleased to have put my name to the new clause tabled by my neighbour in Stoke-on-Trent Central. Does he agree, notwithstanding his comments, that much of this is also about pride? It is about pride in our people, pride in the skill of our people and pride in the vital ceramics industry, not just in Stoke-on-Trent Central and Newcastle-under-Lyme but in many other parts of Staffordshire, as he has noted.

[Gareth Snell]

As always, my hon. Friend is absolutely right. We in Stoke-on-Trent can talk at length about that pride, but I will not do so today, I promise, although we can talk about our pride that is associated with our industrial heritage.

Rob Flello, who once served in this place and is now the chief executive of Ceramics UK, told me when I first met him that in Stoke-on-Trent people think we have slip in our veins—slip being the wet clay used for mould casting. That is because the ceramics industry in the city is intrinsic to who we are. It is an incredibly important part of our heritage, but it is also a really important part of our future. We can make industrial ceramics, including those strategic ceramics that go into nuclear submarines and into joints for hips and elbows, as well as some of the technical ceramics that are needed in steel and glass making in the UK. Steel and glass cannot be made in the UK without ceramics; a refractory-grade ceramic is needed, because it can withstand heat that would ordinarily melt glass or metal. I know the Minister is well versed on this, because I have bent his ear on the subject on more occasions that he may have cared for.

The ceramics sector is having a tough time, but there is hope on the horizon; I am sure that the industrial strategy will give some relief on energy costs. We are keen to encourage people to buy British-manufactured goods with pride, in order to support jobs in the localities where the industry is dominant. New clause 1 simply asks the Government to consider the merits of country of origin marking.

In my constituency, there is pride in every piece made. In fact, in some factories, people who make and decorate a piece put their initials on the bottom along with the company stamp. Quite often, they can identify their own work in shops because their way of painting and applying transfers is unique to them; it becomes a fingerprint. New clause 1 encourages people to buy British, as my hon. Friends the Members for Stoke-on-Trent North (David Williams), for Stoke-on-Trent South (Dr Gardner), and for Newcastle-under-Lyme (Adam Jogee) have been doing—[Interruption.]—and the right hon. Member for Staffordshire Moorlands (Dame Karen Bradley), of course. When people go out and buy that piece of tableware or giftware, and are trying to do their bit to support our industry, if they turn it over and see “Made in England” or “Made in Stoke-on-Trent”, they should have absolutely confidence that what they are buying is made in those places.

--- Later in debate ---

[Dr Allison Gardner (Stoke-on-Trent South) (Lab)]

I rise today in support of new clause 1, which deals with a country of origin marking for ceramic products and which my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) so eloquently introduced. My constituency is home to “The Great Pottery Throw Down”, based in the wonderful Gladstone Pottery Museum in Longton, and I am so proud to have many great pottery firms in my constituency. Those include Wedgwood, which is famed for its iconic blue jasperware, and Duchess China, which has factories in Longton and Newstead that I was honoured to visit recently. There, I met Jason Simms, who is a 100-mph visionary for the future of ceramics in Stoke-on-Trent and the world. It was a really interesting visit.

Duchess, founded in 1888, produces the tableware used in the House of Commons. It is proud of the fact that its products are made in the UK, from clay to table. People buying products produced by Duchess, for example, will see that they say on the bottom, “Fine bone china made in Staffordshire”. The phrasing is deliberate; it clearly informs the purchaser not only of the product’s country of origin, but the precise part of the country that it comes from. Most of our ceramic products contain these backstamps to mark authenticity, and many include a reference to Stoke and Staffordshire. As I have before, I invite all colleagues to join the “turnover club” and check the backstamp on the chinaware here. They will probably find it was made in Stoke.

[Gareth Snell]

My hon. Friend is making an excellent point. Just for the record, some of the tableware in the Members’ Dining Room is in fact German. I hope everyone will get behind a campaign to replace it.

[Dr Gardner]

I thank my hon. Friend for that timely and right intervention. I join him in his campaign.

We do not always have the level of detail needed in this country, and we need to address that nuance so that consumers know exactly what they are buying. That is important, because the pottery industry is at great risk from cheap imports, which are undermining our British-made products and creating unfair competition for our better-quality products made in our own country. This china-dumping of products often falsely pretending to be made by our Staffordshire firms—Dunoon being one example—must be stopped. We must back our British industry and our British workers and do what we can to resist such unfair competition.

--- Later in debate ---

Countless people across the UK wish to buy British, champion our local businesses and support our high streets, and this new clause would be a key step in supporting them to do so. I would very much welcome all Staffordshire MPs joining us in the voting Lobby this afternoon.

[Gareth Snell]

I thank the hon. Lady for her kind words about the amendment and the work that my colleagues are doing. My only point is that the final paragraph under subsection (7) of new clause 4 would allow such labelling

“where the final significant production process occurred in the UK”,

but that is one of the things that we are trying to clamp down on. In ceramic production, products that are bisque fired outside the UK then brought into the UK for gloss firing are passed off as being made in the UK. We argue that this should not be the case; the full process, from clay to table, should take place in the UK. While I have absolute sympathy with her on her new clause, that subsection unfortunately would not address the issue—in fact, it could do further damage to our industry. If she is happy to, we could discuss that outside this place. I am sure that there are areas of commonality, on which we could work together.

[Sarah Olney]

I thank the hon. Gentleman for that further information about the ceramics industry, which I now feel so much better informed about. He makes a valuable point. When we talk about things being “made in the UK”, what exactly does that mean? How can we use that valuable designation to best support our domestic industries? I thank him for that further clarification.

Liberal Democrats support the need to update the regulatory framework for the UK marketplace to reduce trade friction and give businesses and consumers confidence in their products. We are glad that many of the measures in the Bill will have that effect, but we remain concerned about the excessive ministerial discretion in this legislation, and the reliance on secondary legislation. We will continue to push the Government to strengthen scrutiny mechanisms, and for fairer regulation for online marketplaces. Crucially, I hope the Government will take this opportunity to support British businesses by supporting new clause 4, giving consumers greater transparency and British businesses the boost that they need.

--- Later in debate ---

Finally, new clauses 3 and 4 relate to country of origin information. This is already required for certain pre-packed foods, including beef. Origin labelling for food products, however, is well beyond the intended focus of the Bill. It is the case that current rules do not prevent British products from being labelled as British, and this is often done voluntarily. Indeed, the hon. Member for Richmond Park made reference to the “Made in Britain” campaign that is already in place. We do not believe it is necessary to legislate to set up a voluntary system when a voluntary system is already in place. In the light of that, I ask that the new clause 1 is withdrawn and all other amendments are not moved.

[Gareth Snell]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 4

Labelling for UK-produced or manufactured products

“(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.

(2) The label must be—

(a) displayed clearly on the front-facing packaging of applicable goods;

(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and

(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.

(3) A product qualifies for the label if—

(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and

(b) it meets any additional criteria as set out by regulations made by the Secretary of State.

(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.

(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.

(6) Regulations under this section must be made within 2 months of the passing of this Act.

(7) In this section—

“product” includes food, drink and manufactured goods available for retail sale;

“produced or manufactured in the United Kingdom” includes goods where the final significant production process occurred in the UK.”—(Sarah Olney.)

This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.

Brought up, and read the First time.

Question put, That the clause be read a Second time.

--- Later in debate ---

[Justin Madders]

I thank my hon. Friend for his intervention—he has certainly got the measure of this Bill. [Hon. Members: “Oh.”] I will not give up the day job—and we will not have a Division on that, either.

This is a framework that supports businesses by reducing unnecessary burdens, supports consumers by keeping dangerous goods off the market and supports the UK economy by making our regulatory system more agile, more responsive and more transparent. In short, the Bill will help to ensure that every product on the UK market, whether made in the United Kingdom or imported from abroad, meets the expectations of safety, fairness and quality that the public rightly demand.

[Gareth Snell]

The Minister rightly points out that the Bill will allow for new regulations to come on board to keep us safe, but the safety element of that comes about through the enforcement of those new rules. Can he say a little about the conversations happening across Government to ensure that our enforcement agencies are properly resourced to enforce the new regulations that are so vital?