Product Regulation and Metrology Bill [Lords]

Harriett Baldwin Excerpts

Report stage
Wednesday 4th June 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

[Dame Harriett Baldwin (West Worcestershire) (Con)]

May I say what an interesting debate this has been? I have a huge amount of sympathy for the case that has been put for new clause 1, which was made in a very coherent way. I also have great sympathy for the hon. Member for Walthamstow (Ms Creasy) and her proposed new clause 15. I will explain how our amendments would address some of the issues she has spoken about. The Liberal Democrat amendments, and new clause 4 in particular, make a great deal of sense. The hon. and learned Member for North Antrim (Jim Allister) tabled a range of amendments that cover points made in His Majesty’s loyal Opposition’s amendments, which I will come to.

We should ask ourselves why this relatively small and technical Bill has attracted nearly 50 amendments on Report. It is because, as was said, it is a Trojan horse Bill. We tabled our amendments because the Bill does a lot more behind the scenes than appears on the surface. When, in 2016, the voters of Britain—on an 80% turnout—voted to leave the European Union, it created an opportunity for the country to tailor our regulatory regime to best fit British industry, and to set a global standard, so that it is easier to do business. The UK’s product regulation and metrology, as we heard from our resident metrologist, the hon. Member for Erewash (Adam Thompson), once set the standard for the world, and indeed has the chance to do so again. When in government, the Conservatives started the work of capitalising on that opportunity. We see the Bill as a terrible step back and a Trojan horse, because it will tie us to EU red tape on which we have no say.

The hon. Member for Harlow (Chris Vince) spoke about his hopes for businesses in Harlow. Through this Trojan horse Bill, Labour will restrict Britain’s innovators with over-burdensome regulations, meaning that British industry will fall behind international competitors. As we heard the Liberal Democrat spokesman, the hon. Member for Richmond Park (Sarah Olney), say when speaking to her amendments, it is a prime example of a skeleton Bill. There are two major areas of concern for His Majesty’s loyal Opposition: the use of sweeping Henry VIII powers; and the ability to dynamically align by the back door with the European Union. I will speak to the amendments we have tabled to address those concerns.

When the Bill started its passage, the Delegated Powers and Regulatory Reform Committee in the other place found that the powers in the Bill, particularly in clause 1, were excessive, and it recommended that they be removed. Many of our amendments address those elements of clause 1. In the other place, the Government watered down the Bill following those criticisms, but afterwards the Bill was still described as a skeleton Bill that shifted powers “to an unacceptable extent”. As recently as 21 February, the Committee in the other place said that the amendments made in the other place were

“limited changes that do not address the fundamental concern we have about the skeletal nature of this Bill…The Government has not taken the opportunity to add flesh to the bones of this skeleton Bill. It remains the case that the Bill provides for almost all of the substance of the regulatory regimes for product safety and metrology to be provided for by Ministers in regulations.”

While we acknowledge that the current Secretary of State may act responsibly, we do not want to put things on the statute book that future Ministers might treat differently.

We all agree that strong, consistent product safety rules are needed, and we acknowledge the risks from online marketplaces and unsafe imports, but we do not think that the Bill is the right way to deal with that. We also think that Parliament must retain proper oversight, so amendments 9, 11 and 12 seek to remove the broad powers granted to the Secretary of State in clause 1.

Clause 3 is of equal concern, because it grants the Secretary of State sweeping powers to create new criminal offences, creating new complexities in our criminal justice system. It also allow Ministers to create civil sanctions for non-compliance with product and metrology regulations through secondary legislation, reducing parliamentary scrutiny of an issue that is incredibly important for our constituents’ freedoms. The clause also allows the Government to introduce new penalties, and even prison sentences; new powers of entry; and new fines on businesses, which will drive up the cost of doing business. Our amendments seek to change those elements. We believe that such serious offences should be subject to considerably more parliamentary scrutiny. That is why amendment 24 seeks to ensure that new criminal offences that could have consequences for the Ministry of Justice and the criminal justice system are not created through new product regulations under the Bill.

[Jim Allister]

Does the hon. Lady agree that it is quite astounding that among the criminal offences that are anticipated being made by the Minister without parliamentary scrutiny are indictable offences, which could result in people losing their liberty for whatever period is specified in the offence? Is that not a retrograde departure from the standards of oversight that any citizen would expect Members elected to this House to exercise?

[Dame Harriett Baldwin]

I agree. We all know the types of people being let of prison by this Government. It is a total scandal that suddenly a person can be imprisoned for perhaps inadvertently having products in stock that have not followed a dynamic alignment process that has not been very visible to Parliament. That is why I hope that the whole House will support amendment 24 in the Lobby.

Amendments 21, 22 and 23 seek clarification of the functions that may be conferred on a relevant authority, and the powers that may be granted to inspectors. The phrase “relevant authority” is used throughout the Bill, and it is not entirely clear what all such authorities might be.

In clause 13, we once again see Henry VIII powers being used, despite the concerns raised in the other place. Amendment 18 would therefore add to clause 13(6), and require that any regulations made under the legislation that amend or replace primary legislation be subject to the affirmative resolution procedure. I am sure all parliamentarians will want to support that amendment.

[Robin Swann (South Antrim) (UUP)]

I am sure the Minister will come back on that point and say, “You can trust us, and you can trust this Government.” Does the shadow Minister agree, however, that this Government may not always be in power, and that the powers they are creating for themselves may be handed down to someone less responsible in future?

[Dame Harriett Baldwin]

I wholeheartedly endorse that. It is the principle; we do not know what Executive we will hand this power to in future. The current Executive is asking for the power, but we are a democracy, and the Executive can change at every single election. It would be wrong for Parliament to give away its powers in the way that is proposed in this legislation. That is why I hope that everyone will support our amendments.

[Dr Hudson]

I remember sitting through many debates on Bills in the last Parliament, in which Members of the Labour party, then in opposition, talked about the importance of parliamentary scrutiny. Does my hon. Friend agree that the amendments tabled by His Majesty’s Opposition are all about improving and bolstering parliamentary scrutiny, and that Government Members have nothing to fear by giving more powers to this House?

[Dame Harriett Baldwin]

My hon. Friend is so wise and so insightful. In fact, the Secretary of State for Business and Trade himself said in opposition,

“We must bear in mind that the use of delegated powers carries a risk of abuse by the Executive, which is not something the Opposition could ever support. Rather, it is our duty at this stage to check the powers of the Executive and ensure that we are not giving them carte blanche to change the balance of power permanently in their favour.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee Public Bill Committee, 1 February 2018; c. 305.]

That is exactly what they are asking for in this Bill, and why we urge Members to support our amendment.



It is not just the Secretary of State who says this. Let us listen to what our friend the Attorney General of this great United Kingdom, Lord Hermer, another member of His Majesty’s Government, has said on Henry VIII clauses, skeleton legislation and delegated powers. He says that they strike not only at the rule of law

“but also at the cardinal principles of accessibility and legal certainty.”

And yet we are being asked this evening to allow criminal sanctions and the possibility of imprisonment to go through using those powers.