Exiting the European Union (Building and Buildings)

Jim Shannon Excerpts

Wednesday 18th November 2020 Commons Chamber

[The Minister for Housing (Christopher Pincher)]

I beg to move,

That the draft Construction Products (Amendment etc.) (EU Exit) Regulations 2020, which were laid before this House on 15 October, be approved.

The draft regulations were laid before the House on 15 October this year. They were debated and supported in the other place on 10 November. They are part of the Government’s programme to update European Union exit legislation to reflect the fact that we are now leaving the transition period under the withdrawal agreement and the Ireland-Northern Ireland protocol.

The regulations will amend existing construction products regulations in the United Kingdom using the powers in the European Union (Withdrawal) Act 2018. They will ensure that EU construction products legislation continues to apply in Northern Ireland, in accordance with the Northern Ireland protocol. They will also amend the remainder of the United Kingdom regime so that it applies to Great Britain only.

It is probably worth my taking a few moments to remind the House of some of the background. The EU construction products regulation, or CPR, is directly applicable in all EU member states and has applied across the United Kingdom since 2011. It seeks to remove technical barriers to the trade in construction products in the European single market.

The CPR harmonises the methods of assessment and testing, the means of declaration of poor performance, and the system of conformity assessment of construction products. It does not harmonise national building regulations. Individual member states remain responsible for safety, environmental, energy and other requirements applicable to construction works. Where an EU harmonised standard exists for a product, the CPR places an obligation on manufacturers, distributors and importers of that product when it is placed on the market. That includes a stipulation that the product must have been accompanied by a declaration of performance and affixed with a CE mark. This helps provide reliable information to industry and consumers about the performance of the product.

[Jim Shannon (Strangford) (DUP)]

One of the concerns I have in relation to this statutory instrument is the north-south movement of products for the construction sector, such as cement moving from Northern Ireland to the Republic of Ireland, and vice versa. There is also the movement of wood from the Republic of Ireland and across from Scotland and the mainland. Can the Minister confirm that a full consultation process has taken place with all those in the sector, and that they fully believe this will enable the construction sector to continue as it is? I say that because I believe the construction sector is able to lift the economy come 1 January next year, and the opportunity must be there. It should not be inhibited in any way.

[Christopher Pincher]

I am grateful to the hon. Gentleman for his intervention. He is a doughty campaigner for his constituents in Strangford and across Northern Ireland.

The amendments we are debating today are of a technical nature, but I can assure the hon. Gentleman that it is not the objective of these measures to inhibit in any way the transfer of goods between the Irish Republic and Northern Ireland or the transfer of goods between Northern Ireland and Great Britain. We want unfettered access to our mainland markets to continue, of course, for businesses and services in Northern Ireland. I will address those points in more detail in my remarks.

At the end of the transition period, the CPR becomes retained EU law and will form part of the United Kingdom’s legal system. We made the Construction Products (Amendment etc.) (EU Exit) Regulations in March 2019 to ensure its provisions will have practical application in the United Kingdom. That was, of course, before we had a withdrawal agreement or a Northern Ireland protocol.

Those 2019 regulations include the introduction of United Kingdom-wide provisions, such as the UKCA mark and UK-designated standards, in preparation for a no-deal Brexit but, of course, we have now left the European Union with a withdrawal agreement and a Northern Ireland protocol.

Without the amendments made by this instrument, the 2019 regulations would not be compliant with the Northern Ireland protocol, as they would have application to the whole United Kingdom, including Northern Ireland. Regulators would lack powers to enforce EU regulations in Northern Ireland, and manufacturers would not be able to test their products in the United Kingdom and affix the UKNI indication to place the product in the market.

The policy intent of these regulations is to keep the same requirements set out in the 2019 regulations in Great Britain but to introduce a Northern Ireland regime that complies with the Northern Ireland protocol. They do not change the key CPR requirements currently in place. The same standards will apply in Great Britain and Northern Ireland immediately after 31 December, as they did before the transition period, and products that meet Northern Ireland CPR requirements will have unfettered access to the market of Great Britain.

The effect of these regulations can be considered in three parts. First, they will amend the 2019 regulations so that current United Kingdom-wide provisions, such as UKCA marking and UK-designated standards, will become Great Britain-only provisions at the end of the transition period. A further effect of this territorial amendment is that it will ensure that EU construction products law will continue to apply in Northern Ireland, in line with the Northern Ireland protocol. As United Kingdom-designated standards will be identical to EU harmonised standards at the end of the transition period, there will be no change for businesses placing goods on the market in terms of the standards that must be met.