Product Regulation and Metrology Bill [Lords]

Justin Madders Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

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

I thank right hon. and hon. Members from across the House for what has been an interesting and, at times, informed debate on the Product Regulation and Metrology Bill.

As my right hon. Friend the Secretary of State said in opening, the Government’s primary mission is economic growth to help rejuvenate our high streets and promote innovation, and this legislation is an important element in that drive and will further cement the UK as a world-leader in product regulation and safety. The legislation will have real-world impacts that we can all relate to. As we have heard, product safety failures can have devastating consequences, and we are determined that our regulatory framework be as agile and flexible as possible in its response to new threats and complex modern supply chains but without stifling innovation.

There have been an awful lot of contributions, and I will try to cover as many of them as I can. I think it is appropriate that I start by referencing the excellent speech from my hon. Friend the Member for Erewash (Adam Thompson), which lit up the whole House. He is, of course, the first meteorologist to have spoken in this Chamber—

[Hon. Members]

Metrologist!

[Justin Madders]

Metrologist. He may well be on the Bill Committee, because he has definitely talked his way on to it with his insight into this issue. My hon. Friend the Member for Birmingham Northfield (Laurence Turner) almost matched him in terms of technical specificity, and his historical knowledge was also very important. He has just finished sitting on a Bill Committee with me, but he is talking his way on to this one as well—perhaps I should not say that, because it might encourage colleagues not to speak in future debates.

My hon. Friend the Member for Bathgate and Linlithgow (Kirsteen Sullivan) and the Liberal Democrat spokesperson, the hon. Member for Wokingham (Clive Jones), were among a number of Members who talked about the issue of e-bikes, which is a real concern. I am sure the whole House has been moved by the tragic cases of e-bike fires that we too often hear about. My right hon. Friend the Secretary of State referred to the tragic death of Sofia Duarte. I met her mother last year to talk about what we can do through this Bill to prevent such tragedies from happening again.

In the wake of the increasing number of fires associated with e-bikes and lithium-ion batteries, there have been calls from businesses, trade associations, consumer groups and parliamentarians to tighten up the law. This legislation will allow us to ensure that the UK’s product safety framework can keep up with technological developments, including on e-bikes. The powers in the Bill will allow us to update regulations to ensure the best protections for consumers and consistency with the majority of reputable retailers.

The Government are currently considering how best to use the powers in the Bill to regulate these products in an efficient and proportionate way, in particular to ensure that products that can pose a greater risk, such as lithium-ion batteries and e-bikes and e-scooters, are safe. That includes bringing forward powers in the Bill to better define online marketplaces and confer additional duties on them to help stop the sale of unsafe products, including converter kits. As my hon. Friend the Member for Worsley and Eccles (Michael Wheeler) pointed out, this is a fast-moving environment, and the Bill will give us the flexibility to tackle that.

[Clive Jones]

Does the Minister agree that if a UK manufacturer wants to produce a product for the UK market, it should produce it to UK regulations, and if it wants to export it to Europe, it is sensible to produce that product to EU regulations, which will open up a massive market on our doorstep? Keeping up with EU regulations will generally be good for the British business economy and help economic growth.

[Justin Madders]

The Liberal Democrat spokesperson tempts me to set out a statement of policy, which the Bill is not intended to do. We want to give ourselves maximum flexibility in our ability to deal with issues as they arise. He talked in his speech about online marketplaces, and my hon. Friend the Member for Bury St Edmunds and Stowmarket (Peter Prinsley) talked about unsafe toys and button batteries, citing the fact that investigations have discovered that up to 90% of products purchased in online marketplaces are unsafe. Because we recognise that online marketplaces are in desperate need of regulation, the Bill will give us powers to clarify and modernise responsibilities for online marketplaces in a flexible and proportionate way, to protect consumers and create a fair playing field for law-abiding businesses. It will enable the Government to modernise the responsibilities of online supply chain actors.

While the growth of e-commerce has provided consumers with greater choice and convenience, it cannot be at the expense of consumer safety. We will continue to engage with consumer groups, businesses and online marketplaces in the development of specific online marketplace requirements to ensure that they are proportionate and to mitigate any costs to consumers. I can also confirm that it is the intention of the Government to consult on the duties for online marketplaces soon after Royal Assent and to bring forward subsequent regulations as soon as is practically possible.

My hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) spoke with his customary passion about the ceramics industry in the Potteries. I acknowledge his ideas for protecting the industry. I am not sure whether this Bill is the right vehicle for his suggestion, but I will take it away and come back to him.

It is probably worth talking about the issue that seemed to vex Opposition Members rather a lot, which is whether this Bill is in some way a reset to EU laws by the back door. It is about domestic regulation and we are not rejoining the EU by the back door. The Bill is about giving us flexibility to ensure product regulation, now and in the future, that is tailored to the needs of the UK. Of course, there will be some instances when we will want to take a similar approach to the EU, but there will be other times when we will want to take our own approach. Those decisions will be taken on a case-by-case basis in the best interests of UK businesses and consumers.

As my hon. Friend the Member for Walthamstow (Ms Creasy) said, the Retained EU Law (Revocation and Reform) Act 2023 gave significant powers to the Executive, and the Liberal Democrat spokesperson, the hon. Member for Wokingham, quoted me on that Act. It reformed 7,000 regulations, ranging across every function of society. Its regulations were far broader than those proposed in this Bill and the Delegated Powers and Regulatory Reform Select Committee called it “hyper-skeletal”, which is some way beyond the criticisms it levelled against this Bill.

Turning to the reasoned amendment tabled by the official Opposition, it is worth restating that the Bill is not about rejoining the EU. David Cameron commented that he wanted the Conservative party to

“stop banging on about Europe”,

but there seems to be some way to go before his words reach fruition, despite the fact that we left five years ago. The Bill gives us the necessary powers to ensure public regulation, now and in the future, meets the interests of the UK. The powers set out in the Bill will be used solely and exclusively in the best interests of UK businesses and consumers.

I recognise that the House of Lords Delegated Powers and Regulatory Reform Select Committee raised concerns about this being a skeleton Bill, but the Government have considered those concerns and other representations made by Members in the other place. Our existing product regulations are necessary to keep consumers safe, and to provide clarity and a level playing field for businesses. They extend to many thousands of pages and cover a huge amount of technical detail. As the noble and learned Lord Pannick said in the other place,

“the practical reality is that technical regulations of the breadth and complexity that will be produced cannot sensibly be enacted by primary legislation.”

He went on to say that if we are required to use primary legislation every time we wanted to make a regulation on product safety, there would be

“little, if any, time for anything else.”—[Official Report, House of Lords, 26 February 2025; Vol. 843, c. 1716.]

Conservative Members seem to have forgotten that since the Consumer Protection Act 1987, Governments of all stripes have recognised the need to make product safety regulations by secondary legislation. Since 1987, the Conservatives have been in power for 24 years, so they had more than enough time to find another way of dealing with product safety, but they did not choose to do that. We are taking a pragmatic approach. We have taken notice of some of the concerns raised about the powers of the Bill: we have removed a number of Henry VIII powers, introduced a consultation requirement, added additional affirmative resolution procedures and published a code of conduct that sets out the controls that we will have to ensure regulations are proportionate and evidence based. I am grateful to Members of the other place for setting out some of their concerns.

As the shadow Minister, the hon. Member for West Worcestershire (Dame Harriett Baldwin), pointed out, the Conservatives did not introduce the Bill in the last Parliament; I am happy to confirm that that was the case. That shows that there was a gap in the law that needed filling and the Conservatives failed to act on it.

Some of the important consumer groups in this country, such as Which?, recognised that action was needed. Sue Davies, head of consumer rights, protections and food policy said:

“It’s encouraging that the government is prioritising a Bill that should address the huge gap in consumer protections which allows online marketplaces to facilitate the sale of unsafe and illegal products without facing repercussions.”

If Members vote for the reasoned amendment, we will not be having any of those protections. I do not think any responsible party would move an amendment along those lines.

This Government are never going to compromise on safety. The Bill is essential to strengthening the rules and regulations needed to protect consumers, businesses and the public. I therefore commend the Bill to the House.

Question put, That the amendment be made.