Product Regulation and Metrology Bill [Lords]

Debate between Joshua Reynolds and Justin Madders

Report stage
Wednesday 4th June 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

I thank all hon. Members for contributing to the debate—my hon. Friends the Members for Stoke-on-Trent Central (Gareth Snell), for Stoke-on-Trent South (Dr Gardner), for Newcastle-under-Lyme (Adam Jogee), for Walthamstow (Ms Creasy), for Harlow (Chris Vince), for Erewash (Adam Thompson), the hon. and learned Member for North Antrim (Jim Allister), the Liberal Democrat spokesperson the hon. Member for Richmond Park (Sarah Olney) and the shadow Minister the hon. Member for West Worcestershire (Dame Harriett Baldwin). I will address many of the points they raised during the debate.

I welcome the Liberal Democrat spokesperson to her new role. I do not know whether it is a promotion or demotion, but I welcome her all the same. As always, it was a pleasure to hear from my hon. Friend the Member for Erewash and his great technical insight. Indeed, we have our own Professor Yaffle in his House—those of a certain age will know who I am referring to. His expertise was greatly appreciated in Bill Committee and again today.

Amendments 9, 11 and 12 would remove clause 1(1) from the Bill. Of course, that is the central power to keep consumers safe and our product regulations updated. As I said in Committee, our product regulation framework is extensive. We have hundreds of often technical regulations. Removing clause 1(1) would freeze our regulations in time. We would be unable to respond to new risks, products or business models. I cannot accept an amendment that would stop us from protecting consumers and businesses from product-related harm.

[Mr Joshua Reynolds]

The Minister talks about protecting consumers. That is exactly what new clause 2 would do by making them aware when a product gets smaller but the price remains the same—shrinkflation—so will he work with us and get that clause into law?

[Justin Madders]

I will address new clause 2 in due course. That is a more a consumer-related issue than a product safety one, but I understand the intent behind it.

We have heard a lot of concerns—many of them misplaced—about the breadth of powers contained within the Bill. In the other place, we did increase the measures that will be subject to the affirmative procedure. We removed several Henry VIII clauses and added a statutory consultation requirement. We also published a code of conduct, available in the Library of the House, which sets out exactly how the powers under the Bill will be used. I now believe the Bill strikes the right balance of appropriate parliamentary scrutiny without clogging up parliamentary time with highly technical product regulations. Gutting the Bill by removing the central power would leave consumers unprotected.

Amendments 10, 14 to 17, 25 to 29 and 32 all relate to EU law. I want to be absolutely clear yet again that the powers in the Bill give the UK the flexibility to manage its own product regulatory framework. Part of that is, of course, ensuring that the UK can respond to relevant developments in EU law. It does not mean that the UK is beholden to EU changes, and all regulations will be subject to Parliament’s oversight. I also wish to reassure the House that the Government remain committed to our obligations under the Windsor framework. The reason the Bill explicitly references the EU rather than other jurisdictions is that most of our product regulation is, of course, inherited from EU law. The UK continues to recognise certain EU product requirements—a policy that was, of course, enacted under the previous Government only 12 months ago.

The Bill’s powers allow us to continue or end such recognition based on the UK’s interests on a case-by-case basis. Decisions on whether to diverge or align will be made as they come along and will only be implemented by laying a statutory instrument in Parliament. Recognition of EU product requirements would be stated in UK law and could only be enforced by UK authorities. The Bill does not grant jurisdiction to foreign courts. I find amendment 15, which would prevent CE recognition, an odd amendment to be pushed by the Conservatives given that they introduced regulations only a year ago that did the absolute opposite.

New clauses 8, 14, 16 and 17 and amendments 13, 31 and 33 deal with themes of EU law, parliamentary scrutiny and oversight. These amendments duplicate the robust safeguards already in the Bill and the statutory and non-statutory controls that we have published in our code of conduct. Those include the statutory requirement for consultation and assessments under the better regulation framework. The Government value Parliament’s role in scrutinising legislation, so we will continue to consult all the devolved Governments as appropriate to ensure that regulations work for the whole of the UK.

Let me turn to amendments 1, 12, 18 and 30, on parliamentary scrutiny. The Bill as introduced already applied the affirmative procedure in key areas, including the creation of criminal offences—contrary to what has been said this afternoon—and amending primary legislation. However, in response to matters raised by the DPRRC, we have added additional areas, which are set out in clause 13(4). For the avoidance of doubt, I can confirm that the affirmative procedure applies to the following: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery; regulations amending or repealing the Gun Barrel Proof Acts; consequential amendments to primary legislation; and regulations amending the definition of online marketplaces.