Product Regulation and Metrology Bill [Lords] Debate

Full Debate: Read Full Debate
Department: Department for Business and Trade
Jonathan Reynolds Portrait The Secretary of State for Business and Trade (Jonathan Reynolds)
- View Speech - Hansard - -

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

Desmond Swayne Portrait Sir Desmond Swayne (New Forest West) (Con)
- Hansard - - - Excerpts

Will the Secretary of State give way? [Laughter.]

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

Of course—why not?

Desmond Swayne Portrait Sir Desmond Swayne
- Hansard - - - Excerpts

When did weights and measures become metrology? Is this use of newspeak deliberate to cover an Orwellian attempt to cloak this huge grab for power, and to what end?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am grateful for that intervention very early on in proceedings. I cannot provide a definitive answer to the right hon. Gentleman on the naming of the Bill, but I promise that I will find out and put it to him in writing. But he will know that the Bill was, I believe, originally planned by the previous Government because of the need to repatriate powers to the United Kingdom as a result of our exit from the European Union. It is something we need in our toolkit, so, far from being Orwellian, it is a pragmatic, practical proposal. I look forward to now making the case for it in more detail.

The primary mission of this Government, and the driving force of my Department, is stronger economic growth: not just growth that looks good on paper, but growth that is seen and is felt on our high streets, in our towns and cities, and in the communities we serve; growth that reverses 15 years of stagnation, with all the negative consequences we all felt during that time. To do that, we need an economy in which shops and small businesses can compete on a more level playing field with online marketplaces and the big tech giants. We need an economy that promotes investment and innovation, but at the same time ensures consumers and businesses have real, modern protections. That is why the Product Regulation and Metrology Bill is a small but hugely important piece of legislation, one that will further cement the UK’s status as a world leader in product regulation and safety.

Adam Thompson Portrait Adam Thompson (Erewash) (Lab)
- Hansard - - - Excerpts

My right hon. Friend is giving an important introduction to the Bill. Does he agree that international alignment in the standards we are discussing on scientific matters is essential for the smooth operation of modern advanced manufacturing?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am hugely grateful to my hon. Friend for that intervention. I believe I am correct in saying that he is not only a metrologist, but the first metrologist elected to Parliament. I put no heavy expectations on his speech today, but we are all looking forward to it with interest.

My hon. Friend is right that there are areas where we will choose to work with international standards, and there will be areas where we choose to diverge, but that decision is made possible only by having the powers to begin with. No decisions will be made in this Bill, if it becomes an Act of Parliament, as to how we will do that; however, without it, we would not have the toolkit to make those decisions. The essence of these proposed laws is that we are taking back control for the House of Commons and Parliament to make these kinds of decisions.

Julian Lewis Portrait Sir Julian Lewis (New Forest East) (Con)
- Hansard - - - Excerpts

The Secretary of State will be aware from the Second Reading debate in the Lords that a number of what I shall gently refer to as Eurosceptic peers have expressed concerns that the Bill is a form of dynamic alignment with the European Union, and that, far from taking back control over which standards are involved and which guidelines are necessary, we will be abdicating control in favour of whatever the European Union decides. Can he set our minds at rest over those concerns? I am sure he would not wish to be diverted along such a dead-end route.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am extremely grateful to the right hon. Gentleman for that intervention; he always brings wisdom to these debates. I can absolutely give him the assurance that the Bill makes no decision as to how we should use these powers. The reason we are bringing it forward today is the same reason the previous Conservative Government first proposed a Bill of this kind: having left the European Union, we need the powers to properly regulate these products in this way; without this legislation, we would not necessarily have the ability to do that.

John Hayes Portrait Sir John Hayes (South Holland and The Deepings) (Con)
- Hansard - - - Excerpts

On that specific point, further to the remarks of my right hon. Friend the Member for New Forest East (Sir Julian Lewis), that presumably means that the Government will press for recognition of UK standards where they prevail and where we think we are doing the job better. There will absolutely be occasions where we can learn from others, and other occasions where they can learn from us. Is that the Government’s intention? Will the Secretary of State make that clear now?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am more than happy to make that clear. We see that in a number of areas—it is the case across the whole field of regulation. Let us look at AI, which is topical right now: we have chosen a different regulatory path in the UK from the European Union, which is to our economic advantage. I am very confident in the approach that we are taking. I am sure that when I get to the provisions of the Bill, and in particular when it comes to weights and measures, the whole House will be united in being able to say that we believe that traditional British standards are particularly important to us.

I say again, however, that having the power to set standards in itself makes no decision as to how these powers are used. We can all clearly recognise the need to repatriate these powers to our own statute book.

--- Later in debate ---
Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I was going to make a little progress, but I cannot resist the right hon. Gentleman.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
- Hansard - - - Excerpts

I just want to raise a small point. When I was doing some work on this matter for a previous Government, looking at what we could do with our regulations and standards on leaving the EU, it became apparent that the UK is behind only America and China globally in setting standards for the rest of the world. To what degree is the Secretary of State planning to enhance that, rather than returning to any European usage of standards, when we already dominate the field?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

The right hon. Gentleman will have heard me say just now that our intention is to cement the UK’s status as a world leader in product regulation and safety. I am sure we would all recognise the tremendous benefits for both consumers and businesses that come from being a jurisdiction whose consumer protections are widely recognised and where people have confidence that the goods and services they buy will be to the highest standard possible. Where we see gaps in our provision, because of the substantial change that has occurred with our leaving the European Union, we would surely want to fill those gaps so that we are in a position to continue our success in this area.

Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
- Hansard - - - Excerpts

The Minister gives the House the assurance that the idea is not to take us back to EU laws or to have EU laws imposed on the United Kingdom, and yet the Bill heavily references EU laws. How does he explain that?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I can explain it very clearly. Colleagues who are interested in this legislation will have followed the proceedings in the other place and the discussions on this area. I put the case very straightforwardly: we do not have the ability without this Bill to regulate product standards in a whole range of areas. There are some cases where there will be a strong consumer or business demand for alignment with other jurisdictions; there will also be cases where we wish to diverge, because we see that as being in our economic interests.

However, we surely all accept that we cannot have a position where we do not have the ability to regulate key products, and in particular products that have come from the new technology that is available and the opportunities that come from that. Once again, I say politely to anyone on the Opposition Benches who is not quite reassured that the previous Conservative Government were planning a similar Bill to fill this exact gap in the statute book.

Graham Stringer Portrait Graham Stringer (Blackley and Middleton South) (Lab)
- Hansard - - - Excerpts

I would like to make two points. First, this House can do what it wants. It does not need this Bill to regulate anything. To say that is does simply is not true. Secondly, on the question of whether the Bill will lead to dynamic realignment with the EU, can the Secretary of State explain what clause 2(7)(a) is for? It seems to me that it could be used to dynamically realign with EU regulations.

--- Later in debate ---
Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I will give way to the right hon. Member.

John Hayes Portrait Sir John Hayes
- Hansard - - - Excerpts

I wish to give the Secretary of State time to read the clause. He owes me now, Madam Deputy Speaker.

The key thing is that we must not use EU standards as the default. The hon. Member for Blackley and Middleton South (Graham Stringer) is right that we have the authority to make our own standards, and we often do so very well. But the risk is that where we have not yet done that, the EU standard will become the default position. The Minister can make it crystal clear to us today that that is not the case.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

As ever, I am particularly grateful to the right hon. Member for his courtesy. To my hon. Friend the Member for Blackley and Middleton South (Graham Stringer), I say that clause 2(7) says:

“Product regulations may provide that a product requirement is to be treated as met if—”.

It clearly says “may” and “if”. Again, I say that there will be times when it is in our economic interest to have a close relationship with the product standards in, for instance, the European Union or another jurisdiction. There will also be times when it is not. That will be our choice. I think we would all recognise the absence of powers without this Bill.

Jerome Mayhew Portrait Jerome Mayhew (Broadland and Fakenham) (Con)
- Hansard - - - Excerpts

The right hon. Gentleman makes reference to the ability of this House to make regulations. We can, of course, do so by primary legislation. There was a parliamentarian who said that

“the use of delegated powers carries a risk of abuse by the Executive, which is not something the Opposition could ever support.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee, 1 February 2018; c. 305.]

The Secretary of State should agree with that, because it was he who said it.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

That was obviously part of a very wise set of remarks that I made from the Dispatch Box. But, yes, we must recognise that. I say again, because the Bill has been through the other place, that changes have been made as a result of that feedback: we have removed a number of Henry VIII powers; we have introduced a consultation requirement; we have provided for additional affirmative resolution procedures; and we have said that we will publish a code of conduct that sets out the statutory and non-statutory controls to ensure that regulation is proportionate, evidence-based and developed through consultation. Because of the process that we have been through, we have responded to the kind of concerns that I was wisely articulating in relation to primary legislation.

Perhaps it will be of use to the House if I say a little about that journey and the work of the other place in this regard. I wish to thank in particular my ministerial colleague, Lord Leong, for his great efforts in taking the Bill through the other place. I also thank the many Members and Committees of the other House for their assistance in creating what I believe is strong and effective legislation—legislation that will benefit millions of UK businesses, tens of millions of consumers, and, of course, all those who enjoy a pint or two at the pub.

--- Later in debate ---
Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I give way on that point.

Andrew Murrison Portrait Dr Murrison
- Hansard - - - Excerpts

The Minister is right to praise the House of Lords for making sure that the great British pint is in this Bill as an exclusion from the metrology regulations. However, this will not satisfy the metric martyrs. The Minister will remember that the ability to sell in imperial measures was a big issue a few years ago. Why is it that there is an elaborate schedule to the product regulations, but not to metrology, and why in particular is food generically not included in the exemptions from what the Minister proposes to do?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

We would say with confidence that there was never a danger to the pint, but because of the concerns that were raised in the other place and perhaps by some colleagues here, I am more than happy to have made the changes to assure everyone present and everyone watching that the pint will be defended and secured in the Bill. I have to say that I have received no entreaties from businesses that they wish to sell in imperial measurements. However, if the right hon. Gentleman believes that there is an absence of provisions in the Bill, he can write to me and I shall write back to him and hopefully be able to reassure him. I think he may be misplaced in thinking that that is a principal issue for UK businesses.

As all hon. Members know, the digital age in which we live has created significant growth opportunities. The consumer and technology landscapes that we have today are almost unrecognisable from those we had 20 or 30 years ago, so the products that we buy and the way in which we buy them are evolving rapidly. That means that the relevant rules and regulations must adapt, too. If we are to protect consumers and businesses, especially smaller firms, that is essential.

As we have examined in some detail, product regulation and metrology are policy areas that have largely been repatriated from the EU following our withdrawal in 2021. Since then the UK Government have simply not had the necessary powers to continue regulating these areas effectively. We have brought forward this legislation so that we can respond to anticipated changes in the global regulatory landscape. That is why, to be frank, I am somewhat bemused by the reasoned amendments tabled today.

The Bill will ensure that the UK is better placed to address modern-day safety issues. It gives us the power to better regulate items such as potentially dangerous baby sleep products and toys. It will enable us to reduce burdens on business and keep up with technological developments, for example by updating the outdoor noise regulations in Great Britain. It will align testing methods across the UK, which was overwhelmingly supported in our recent call for evidence, and it will protect the public from noise pollution from products like lawn mowers and power generators.

Graham Stuart Portrait Graham Stuart (Beverley and Holderness) (Con)
- Hansard - - - Excerpts

I have only closely scrutinised the Bill today, so I am just bringing myself up to date on this. It appears to give the Secretary of State the power to ban any product he wishes for whatever reason. We make law in this place not for when we are dealing with a Minister of the moral calibre of the right hon. Gentleman, but on the basis that we might have someone who lacks such qualities; that is who we legislate for. Is it true that this Bill would give the Secretary of State the power to ban literally any product, and that all that would have to be done is to notify this House?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am grateful to the right hon. Gentleman for his concern and his regard. I believe that if we were of the view that a product was a danger to the public, the right hon. Gentleman would expect me as Secretary of State in my Department to take action. If he is concerned about provisions in the Bill, he can look to the changes that have been made. It has been through an extensive scrutiny process in the other place, particularly in relation to the powers and delegated powers given to the Secretary of State. I think he recognises the case we are making for the safety of the public; indeed, it is why Opposition Members themselves recognise the need for a Bill of this kind.

The Bill will help to create a level playing field between the high street and online marketplaces. Critically, we are able to protect consumers by reducing the number of unsafe and non-complying goods that are sold online. This could include asking sites to verify third-party sellers before allowing them to list their goods or to have a product safety reporting function for customers on their sites. One example is e-scooters and e-bikes, which like many products are reliant on lithium-ion batteries. These batteries have been attributed as the cause of a number of fires in recent years, both in households and on public transport.

While we know that the vast majority of products are safe, in recent years we have seen some goods mis-sold by a minority of unscrupulous manufacturers and sellers. As a result, low-standard, high-risk products have been able to enter the UK market. Some people have paid for this with their homes and, in some cases, their lives. I think we would all recognise that that is unconscionable.

I want to pay tribute to the family of Sofia Duarte. Sofia tragically died when a bicycle that had been converted into an e-bike burst into flames. The bike’s lithium battery pack failed, causing a fire on new year’s day 2023. I know that the whole House will join me in recognising the bravery and courage of Sofia’s family in campaigning for change in memory of their daughter and in fighting for better regulation of e-bikes, along with the batteries and chargers associated with them. I also thank the London Fire Brigade for its campaigning on this issue in recent years. It has been on the frontline, seeing at first hand the devastation that has been wrought by some of these products.

This Bill is about keeping the public safe. The Office for Product Safety and Standards has taken action in this area already. It has issued 26 withdrawal notices on eight online marketplaces, two manufacturers and 16 sellers. This has removed two dangerous models of e-bike battery from sale, and I am glad that the legislation we are discussing today will allow us to consider further steps on enforcement.

Iain Duncan Smith Portrait Sir Iain Duncan Smith
- Hansard - - - Excerpts

I have campaigned for greater regulation of bicycles, which have got away with killing individuals, not to mention e-bikes. I want to pick the Secretary of State up on a particular point. I do not disagree with him on the need for regulation, and it should have been done some time ago, so we are as one on that. However, I still do not think that he has quite answered the question posed by the hon. Member for Blackley and Middleton South (Graham Stringer) and by my right hon. Friend the Member for Beverley and Holderness (Graham Stuart) just now. Why do we need to have a wide-sweeping Bill like this if we could do it already in the House by vote?

If we have a powerful enough argument to say to both Houses, “This must be done,” then they will see it through very quickly by the power of persuasion, but they would have the right to vote on it and to disagree. The Bill takes that right away and achieves the same result, but only by way of a diktat from whoever is in power—and, by the way, I agreed with what the Secretary of State said in opposition.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am sorry that we have not convinced the right hon. Gentleman, but I am certain that the Government need powers in this area. We need to be able to respond to fast-moving changes in technology and regulation. The public would expect me, as Secretary of State, as well as my Department and the Government, to have these powers to keep them safe. Perhaps we have not convinced him at this stage, but he can look at proceedings in the other place and in Committee.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I will give way one more time before we come to the amendments that were made in the Lords.

Jerome Mayhew Portrait Jerome Mayhew
- Hansard - - - Excerpts

I am genuinely grateful to the right hon. Gentleman. He says that he has failed to persuade Opposition Members in this place, but does he accept that he has also failed to persuade the Delegated Powers and Regulatory Reform Committee in the other place? That Committee, which is chaired by Labour, said last month:

“We remain of the view”

that

“the delegation to Ministers of law-making powers in this Bill involves legislative power shifting to an unacceptable extent from the…legislature to the Executive.”

Why does he think the Committee remains against his view?

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I find that when political parties go into opposition, all of a sudden they seem less keen on the Government having decisive powers to take action in a whole range of areas. We have listened carefully to the criticism from the Delegated Powers and Regulatory Reform Committee, and significant changes have been made to the legislation, which I am happy to take the hon. Member through. They relate to the number of Henry VIII powers, the consultation requirement and the additional affirmative resolution procedure. We are always seeking feedback.

I will now go through some of the other amendments that were made in the other place.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

The question I always have for the right hon. Gentleman is: is it going to be good? I will give way one more time.

Graham Stuart Portrait Graham Stuart
- Hansard - - - Excerpts

It will be brief. Forget the Delegated Powers and Regulatory Reform Committee; what about the Secretary of State’s colleague, Lord Leong? He said in the House of Lords that he did not think the Bill was right. In what way does it need to be improved? Will the Secretary of State look carefully at the extent of these powers? Even from this short debate, it is clear how wide-ranging and over the top they are.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

On Second Reading, we have a Bill that is even stronger than the one that started in the other House. Once again, I thank all our colleagues in the other place for their constructive feedback and contributions to the debate. I will not go through every change that has been made, but I will mention some aspects of the Bill that have been strengthened.

First, we have amended the Bill to ensure that there is more parliamentary scrutiny, and we have provided for a statutory consultation requirement to ensure that regulations are informed by those who would be impacted by them. There will also be that additional use of the affirmative procedure for regulations stemming from the Bill. Secondly, the Bill now includes a requirement for me, as the Secretary of State, to publish a statement setting out how my Department expects to identify and assess high-risk products.

Finally, contrary to previous suggestions from the Conservative party, the great British pint will clearly not be affected by this legislation, whether that is ale, cider or indeed milk. We do not believe that the Bill in its original form posed any threat to the pint, but we do not want to run the risk of colleagues thinking that my reassurances are small beer, so we accepted an amendment tabled in the other place that will give the pint statutory protection. That means, Madam Deputy Speaker, that in a few weeks’ time, when I hope you will confirm to the House that the Bill has received Royal Assent, we will all be able to raise a pint—protected under statute—to the Bill. I did inquire about whether I was allowed to bring a pint with me to the Chamber to illustrate the point, but that is apparently not in order; only the Chancellor has that ability. Given the week I am having, perhaps we will look at that at a later date.

To summarise, this legislation will finally enable the Government to properly regulate in areas where we have been unable to do so post Brexit. It will also give us the tools we need to better regulate modern-day consumer products. The Bill will help to create a fairer environment for high street shops and small businesses, support our growth mission and provide better protection for millions of consumers. For all those reasons, I commend the Bill to the House.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
- Hansard - - - Excerpts

I call the shadow Secretary of State.

Andrew Griffith Portrait Andrew Griffith (Arundel and South Downs) (Con)
- View Speech - Hansard - - - Excerpts

I beg to move an amendment, to leave out from “That” to the end of the Question and add:

“this House declines to give a Second Reading to the Product Regulation and Metrology Bill [Lords] because it will provide for regulatory alignment with the European Union, and it has been condemned three times by the House of Lords Delegated Powers and Regulatory Reform Committee as a skeleton Bill which provides, without justification, inappropriately wide powers for Ministers to re-write the regulatory regimes for product safety and the weights and measures of goods by regulations.”

Too often when the public think of Parliament, they think of out-of-touch power and bad laws. The Bill is the archetype of everything that is wrong with Westminster. There should be an unwritten rule in this postcode: never trust a Bill with a convoluted name. This Bill is no exception.

Although it professes to simplify our regulatory framework, the reality is that this is an EU Trojan horse of a Bill, which will sabotage our Brexit freedoms, undermine the integrity of the United Kingdom, disrespect Parliament, befuddle British business with uncertainty and take us back to being a Brussels rule-taker—all from a party that voted 48 times to overturn the will of the British people.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

Will the hon. Member give way?

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

I will not, but before I get into further—[Interruption.] I will say something nice about the right hon. Gentleman in a minute.

Before I get into detail, let me welcome the Government’s U-turn on their plan to scrap the great British pint. Let us hope that that is the first of many. When I raised that on 26 February, Labour Members described it as “a conspiracy theory”. The hon. Member for St Albans (Daisy Cooper) said it was “scaremongering”, and the Exchequer Secretary to the Treasury, the hon. Member for Ealing North (James Murray), said that an amendment was no more needed than a

“law to say that the sun must rise in the morning.”—[Official Report, 26 February 2025; Vol. 762, c. 812.]

The truth is that the Government were caught red-handed trying to ditch our British pint by this back-door Bill. Had the Opposition not fought back, the power to crush the British pint would have rested on the whim of a Minister’s pen. Welcome though that U-turn is, let us not ignore the fact that the Labour Government wanted to give themselves the power in the first place.

--- Later in debate ---
Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

No, I will make some progress.

The anti-pub, anti-hospitality agenda goes far beyond this Bill. The jobs tax, the threshold change, the attack on seasonal and flexible working, the more than doubling of business rates, the war on pub banter and the garden smoking ban are all from this Government. Our hospitality industry—the Secretary of State is smirking—deserves infinitely better than this from this Government.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

Will the hon. Member give way?

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

I am happy to give way if the right hon. Gentleman talks about what he will do to repeal the Employment Rights Bill.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

The hon. Member was a senior member of the previous Government and played a well-known role in the mini Budget, as well as a number of other things that that Government did. Will he confirm that they were planning exactly the same piece of legislation because of an absence in the statute book?

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

Once again, the Secretary of State has failed to engage on the key issue, which is that British businesses—[Interruption.] It is not funny. British businesses are bleeding out, business confidence is at a record low, unemployment is rising, and all the Government have to talk about is the past, not what they are currently delivering.

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

My right hon. Friend has great wisdom on these matters.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

Will the hon. Member give way?

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

Let me move on. The biggest flaw of many in this Bill is that, as the hon. Member for Blackley and Middleton South (Graham Stringer) and my right hon. Friend the Member for Beverley and Holderness (Graham Stuart) have both identified, it hands over too much power with too little accountability. There is

“a real need to consider the balance between primary and secondary legislation, which in recent years has weighed too heavily in favour of delegated powers…excessive reliance on delegated powers, Henry VIII clauses, or skeleton legislation—”

such as this Bill—

“upsets the proper balance between Parliament and the executive.”

Those are not my words, but those of the Attorney General. They are taken from a speech that he made in October, while in government, about the importance of restoring parliamentary sovereignty. No one who considered that speech could fail to agree.

The Lords’ Delegated Powers and Regulatory Reform Committee has slammed the Bill not once, not twice, but three times, including after the Government’s changes were made. To put this into context, the wide powers contained in this 15-page Bill will allow Ministers unilaterally to amend product safety regulation, impose obligations on online marketplaces, meddle with standards for weights and measures or entirely align British regulatory standards with the European Union, posing a threat to the integrity of the UK internal market. It is 15 pages of the most egregious Whitehall overreach.

--- Later in debate ---
Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

The right hon. Gentleman is exactly right, and we can contrast the number of references to the European Union throughout the Bill with, for example, our biggest single country trading partner—the United States.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I want to directly answer the point made by the right hon. Member for South West Wiltshire (Dr Murrison) and provide clarification that I have just sought. Clause 2(7)(a) is not about alignment; it is about recognition. We already recognise certain EU product requirements on a mutual recognition basis, and where it is of benefit to do so, that is what the clause allows. Rather than take European standards as the basis for our own and align with them, it enables that where it is recognised that we have the interest. I can write to him in detail if he wishes.

Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

On behalf of my right hon. Friend the Member for South West Wiltshire (Dr Murrison), I thank the Secretary of State for intervening. It is important that we legislate with full understanding of what the law says, but the point still stands on the overweighting of references to EU standards versus comparable standards from the United States and Commonwealth friends of this great nation.

--- Later in debate ---
Andrew Griffith Portrait Andrew Griffith
- Hansard - - - Excerpts

The hon. Member makes exactly the right point. This is a blank cheque Bill and a Trojan horse Bill. It is simply not clear under this Secretary of State, or any Secretary of State in the future once these powers have been ceded by this place, how they will be implemented. There is a real asymmetry in the constant litany of references to the European Union—a valued trading partners of ours, but only one valued trading partner of ours, as I hope the Secretary of State is about to reveal over the coming days. Tomorrow we understand that tariffs will be imposed by the United States on British exporters. If that is the case, that would be the worst failure of trade policy for a generation. It is businesses, jobs and our economy that will all pay the price. The Chancellor’s emergency Budget will not have lasted a single week because she made no provision for the imposition of tariffs—if that is indeed what is to come.

It is frankly outrageous that the Government have failed to make a statement about where we are, despite the Prime Minister’s official spokesman briefing the Lobby, and the Business and Trade Secretary himself finding time this morning to conduct a round of media interviews. If the Secretary of State would like to comment on the progress of US talks, I will happily give way.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

This is a little off-topic for a Second Reading, but the hon. Gentleman could have just listened to the “Today” programme this morning. He would have heard me articulate those concerns. We are engaged with our US counterparts, more so than any other country, in those negotiations. He will know that I will not share the content or detail of those talks. The policy originates with the President of the United States and we are responding to and engaging with it. The hon. Gentleman will understand that it comes from the mandate and the agenda of the US Administration.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
- Hansard - - - Excerpts

Order. I remind the Secretary of State and the shadow Secretary of State that we are debating the Second Reading of the Product Regulation and Metrology Bill, and not necessarily tariffs.

--- Later in debate ---
Clive Jones Portrait Clive Jones
- Hansard - - - Excerpts

I doubt that very much.

Nearly a decade since the Brexit referendum, this House is still grappling with what it means to be outside of the European Union. Away from the big headlines about trade deals and newly erected borders, the technical nitty-gritty of product safety and metrology is ever more important now that we must decide what we want our policies to be in this area. Our original framework, derived from EU law, must now keep up with fast-evolving technologies and consumer behaviours. Technological changes in the 21st century may have created new opportunities, but they have also left us exposed to new risks, such as AI, battery hazards and e-bike fires.

Our online marketplaces and the complex digital commerce that facilitates them have reduced barriers to small and medium-sized enterprises sharing their products across the UK and the world, but the internet is still a wild west in many ways, leaving small businesses and consumers exposed. That is why the Liberal Democrats welcome aspects of this Bill. We fully understand and support the need to update the regulatory framework for the UK marketplace to give businesses and consumers confidence in their products. We welcome in principle the powers in the Bill to put new responsibilities on online marketplaces throughout the supply chain, and we support enhanced consumer protection for products that pose a safety risk.

The product regulations falling in scope of this Bill will have an impact on our country’s trade policy, and the Liberal Democrats are clear when it comes to trade: we believe the Government must pull the most powerful and readily available lever at their disposal to kickstart economic growth by urgently launching negotiations for a new UK-EU customs union. That would create jobs, boost our public finances and reverse much of the damage inflicted on our economy by the previous Conservative Government’s terrible trade deal with Europe. I take this opportunity to urge the Government to move in that direction and to commit that, as part of these trade negotiations, they will use the provisions in the Bill to facilitate a new customs union, which could have such a transformative effect on our economy.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I am really grateful to the hon. Gentleman for engaging with the issues about product safety and consumer protection in the Bill, and he is making a serious speech in relation to them.

First, on the point of the customs union, which was skilfully woven into his speech, that would preclude us from reaching any arrangements with the United States, India, the Gulf states or other countries. For my money, if we wish to be part of something without a say in how it would affect our trade policy, that would be a very difficult position to take. I will come back to the references made by Conservative MPs, who often feel like they are fighting the old, last war. They cannot get past it—

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
- Hansard - - - Excerpts

Order. First, I gently suggest to the Secretary of State that he is meant to be making an intervention. Secondly, we are quite definitely debating the Second Reading of the Product Regulation and Metrology Bill, not a customs union. Perhaps the Secretary of State will conclude his remarks.

Jonathan Reynolds Portrait Jonathan Reynolds
- Hansard - -

I will, Madam Deputy Speaker. In relation to the number of references made to the EU in this Bill, the EU is explicitly referenced simply because UK product regulations are derived from a lot of EU regulations. We have to reference that when looking to the future, particularly when we recognise some of those European standards, but it is wrong to simply look at those references and try to make them out to be something they are not.

Clive Jones Portrait Clive Jones
- Hansard - - - Excerpts

Thank you for your intervention, Secretary of State. You are right—