Oral Answers to Questions

Debate between Jo Swinson and Joan Walley

Thursday 26th March 2015 Commons Chamber

[Joan Walley (Stoke-on-Trent North) (Lab)]

9. If he will make it his policy to promote origin marking on ceramic products.

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

We have no plans to introduce a requirement for origin marking for ceramic products. However, ceramics companies continue to be free to use origin marking on a voluntary basis. Industry sectors with well-deserved reputations for design and quality, such as the UK ceramics industry, may find this a helpful promotional tool.

[Joan Walley]

The Government’s failure to endorse mandatory origin marking and promote product safety is a matter of unfinished business for me, but there is still time for them to change their position. Will the Minister give assurances that when her officials meet manufacturers from Stoke-on-Trent, including Steelite International, in April, the Government will take as much account of what they and people such as Steven Moore from “Antiques Roadshow” have to say as they do of retailers and importers? I know I should not do this, Mr Speaker, but I have a mug here with me. When you turn it over and find that it says “Staffordshire, England”, you should have confidence that it comes from Staffordshire and not from China.

[Jo Swinson]

First, I pay tribute to the hon. Lady and the efforts she has made on this and many other issues; she has been a stalwart campaigner on this issue, standing up for the ceramics industry. I will happily give her the assurance that when officials meet representatives of the industry, they will be listening very carefully to what they say. We have commissioned a study on this recently, and of course we will welcome the outcome of the European Commission study.

Oral Answers to Questions

Debate between Jo Swinson and Joan Walley

Thursday 8th January 2015 Commons Chamber

[Joan Walley (Stoke-on-Trent North) (Lab)]

17. What position his Department took at the Competitiveness Council discussions on 4 December 2014 on the product safety and market surveillance package and the provision of mandatory origin marking on consumer products manufactured or imported.

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

The UK’s position on the product safety and market surveillance package remains unchanged: we oppose the inclusion of mandatory country of origin marking in the consumer product safety regulation. The issue was briefly raised at the Competitiveness Council meeting on 4 December, but no formal discussion or decisions were taken.

[Joan Walley]

I thank the Minister for that reply, but I am disappointed. On the grounds of public health and putting British manufacturing on a level playing field, we desperately need to hold a consultation and do the necessary research to make the case for compulsory country of origin marking, so that when we turn over a cup or saucer we know exactly where it was manufactured. Why cannot the Government abandon their opposition to that deregulatory measure?

[Jo Swinson]

The hon. Lady is a long-standing campaigner on and advocate for that issue. I do not believe it is a product safety matter, but she is right to say that there is a genuine issue that businesses in her constituency and other parts of the country are concerned about. We are looking into the matter in more detail and we expect a UK study on country of origin marking to complete by next month. The Commission has announced its own study on origin marking, which we will consider closely.

Country of Origin Marking (Manufactured Goods)

Debate between Jo Swinson and Joan Walley

Wednesday 27th February 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Innovation and Skills (Jo Swinson)]

I am delighted to respond to the hon. Member for Stoke-on-Trent Central (Tristram Hunt) and I congratulate him not only on securing a debate on an issue that is very important for his constituency but on the passionate and humorous way in which he managed to convey the issues with a great degree of eloquence. He spoke from the heart about the importance of this fine industry and the role it can play in our nation’s heritage and our nation’s future.

It is not surprising, given that the hon. Gentleman represents the potteries area, that the ceramics industry was uppermost in his speech. Of course, it is a UK sector with a well-deserved worldwide reputation for the design and quality of its products. I can attest to that, as I was delighted to receive some when I got married two years ago. Such china makes a very fine wedding present, I must say.

Like the hon. Gentleman, the coalition Government are rightly proud of British manufacturing. I am delighted to hear the success stories of the potteries industry and, in particular, the recent improvements that mean that things are going very much in the right direction. We are clear that we want to secure and drive through growth, proclaiming what is made in Britain, invented in Britain and designed in Britain. The Department has championed that through the “Britain is Great” campaign and it is important that we champion the merits of our industries, which create so much fine produce in manufacturing.

I know that the hon. Gentleman and the other MPs from the Stoke area have recently had separate meetings with my right hon. Friend the Secretary of State and the Minister for Trade and Investment in the other place, Lord Green, to raise the issue of misleading origin marking. I hope those meetings reassured the hon. Gentleman to some degree that the Government take information for consumers seriously. Both the Secretary of State and Lord Green will write to him soon on this and other issues that he raised with them.

I agree that there is a place for country of origin labelling—that is, for positive country of origin marking, done because UK manufacturers think that is the right thing to do for themselves and for their customers. I would argue that legislation is not needed beyond the existing protections against counterfeiting and false advertisement, but that it can be done voluntarily. Of course many UK producers already do so because the companies rightly perceive a marketing benefit in being able to show that stamp of quality—hence the “turnover club”. The Government have consistently supported the use of voluntary country of origin marking, but we are cautious about adopting a legislative approach to origin labelling of manufactured goods.

The House will be aware of the Government’s concern that poorly designed regulation can be unnecessarily burdensome and complex, and duplicate requirements in other regulations, which can impose excessive and unnecessary costs on business. Introducing the debate, the hon. Gentleman stood up for businesses, so I am sure that he does not want them to face unnecessary costs either. We are trying to eliminate avoidable burdens of regulation and bureaucracy, so we will consider introducing new regulation only as the last resort. Overall, our aim is to reduce the amount of regulation, and that includes a commitment to improving and reducing the burdens imposed by European legislation.

That means we have to explore thoroughly alternatives to legislation, and in this case, I would argue that the alternative is voluntary labelling. The hon. Member for Stoke-on-Trent North (Joan Walley) asked whether, if the legislative route is not to be adopted, voluntary labelling can be properly enforced. She is right to highlight the key importance of enforcement. It is important to make it clear that because of rulings by the European Court of Justice and our single market obligations, the UK cannot unilaterally impose compulsory “Made in Britain” labelling, even if we wanted to; nor can we impose origin marking unilaterally on imports, because that would be contrary to our single market obligations.

Business can of course label if it wants, but that does not mean that such labelling is unregulated. Labelling has to be clear, accurate and not misleading to the consumer. The hon. Member for Stoke-on-Trent Central said he had a problem with claims that goods are made in Staffordshire or Stoke-on-Trent when they are not, and I wholeheartedly agree with him. Under current consumer protection regulations, it is a criminal offence to present false information and deliberately mislead consumers. The key test is whether the information encourages consumers to make a purchasing choice that they would otherwise not have made, and it includes misleading or false information on the origin of goods, however it is provided. That law exists.

The hon. Gentleman mentioned European Union directive 2025/73 and talked about origin being defined by where the initial firing takes place. That directive deals with the tariff treatment of ceramics and is therefore not strictly relevant to the Court’s judgment on consumer issues, where the key test is whether the consumer’s behaviour is affected. If it were deemed not to affect the consumer’s purchasing decisions, the information being wrong would not be deemed to be misleading.

[Joan Walley]

Let us imagine someone going to buy a wedding present of china: does the Minister not accept that if the impression is given that the china was made in this country and it has all the attributes of pottery made in Stoke-on-Trent, but in fact the blank was manufactured abroad, it cannot be accurately described as manufactured in this country? That is the misleading aspect. It is similar to the situation my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) described involving beefburgers and horsemeat. In the remaining time, will the Minister stress how we can deal with disingenuous attempts to relabel an item as something other than what it actually is?

[Jo Swinson]

I will certainly endeavour to do so, because ensuring that existing provisions in law can be used is key to the question that the hon. Lady raises. The issue has not yet been tested in the courts in relation to origin markings. It is a broad concept, but the basic rule is that if consumers are likely to be misled in their purchasing decision, an offence is likely to have been committed.

Without commenting on specific examples, let me say that it is up to the enforcement authorities to consider whether there is any evidence of possible offences, and then it is for the courts to decide. The protection is not just for consumers—as in the example of gift buying outlined by the hon. Lady—but serves to ensure a level playing field for businesses that are honest and that give accurate information, so that they are not disadvantaged in relation to businesses that engage in deceptive practices. Local authority trading standards officers and the Office of Fair Trading are the relevant enforcement authorities in such a circumstance. The OFT’s role usually relates to matters affecting the general interests of consumers, rather than specific complaints, which are dealt with by trading standards officers. I encourage Members to ensure that any evidence of possible offences is brought to the attention of the relevant local authority, as has been alluded to.

Trading standards officers are, of course, answerable to their local authority and to local councillors. It is not the Government’s role to set local priorities for local enforcement activities, as they rightly depend on the issues arising in each area, and inevitably they will vary from authority to authority. In setting their priorities, however, local authorities must take into account the potential impact of particular behaviour not just on local consumers but on the wider well-being of the community, including the business community. Where local authority powers can be used to address matters that are having an adverse impact on a local economy with a particular concentration of businesses, it is reasonable for those matters to achieve the priority that they merit in that area.