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—]