Consumer Protection
Debate between Kelly Tolhurst and David Drew(5 years, 6 months ago)
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Kelly Tolhurst
The hon. Lady is right about the role of trading standards and the pressures under which departments operate. The local priorities of local trading standards will always differ across the country. The beauty of the OPSS is that it takes a strategic role, which enables it to support local and national trading standards in dealing with nationwide issues. It also provides expertise and financial support for testing functions, when required.
We launched the OPSS last year to enhance the system. We work closely with local trading standards departments to support them in their work and in tackling local issues. The aim of this order is to strengthen the ability of the OPSS to carry out its role in leading the response to national product safety incidents and cases and in ensuring the cohesion of the product safety system.
The order does three things. First, it will enable the Secretary of State, and the OPSS on his behalf, to investigate potential safety issues related to consumer products regulated by the provisions of the General Product Safety Regulations 2005, using the investigatory powers listed in schedule 5 to the Consumer Rights Act 2015. Secondly, the order will enable enforcement authorities in the UK, including local trading standards, district councils in Northern Ireland and the Secretary of State, to use those same investigatory powers to investigate claims about gas appliances and personal protective equipment. Finally, the order makes a minor amendment to the Measuring Instruments Regulations 2016 and to the related reference in paragraph 10 of schedule 5 to the 2015 Act to correct a typographical error.
Potential safety issues relating to consumer products covered solely by the General Product Safety Regulations can already be investigated by enforcement authorities using the powers under schedule 5 to the 2015 Act. Such issues are generally investigated by local trading standards in the UK and by district councils in Northern Ireland in the local area where the incident has occurred. The order will enable the Office for Product Safety and Standards, on behalf of the Secretary of State, to investigate claims of unsafe products in the context of national incidents or cases, providing equivalent investigatory powers to those available to local trading standards and other relevant enforcement authorities. This means that the OPSS can provide the leadership and action needed to deal with national incidents and cases.
The order will provide the full range of powers contained in schedule 5 to the 2015 Act, which includes powers to require the production and potential seizure of documents, the inspection and purchase of products, the testing of equipment and the seizure and retention of goods. These are essential aspects of undertaking effective checks and actions in relation to unsafe goods. It is vital that our new national regulator has these powers across the broad spectrum of consumer products, which will enable it to provide leadership on cases and incidents of national importance.
The Secretary of State, and the Office for Product Safety and Standards on his behalf, may already exercise these powers in relation to the enforcement of sector-specific regulations such as on electrical equipment, lifts and so on. The Government want to ensure that the Secretary of State can lead across the wide range of consumer products, not just those that fall under sector-specific regulations. The order therefore allows the Secretary of State to investigate any type of product covered solely by the General Product Safety Regulations, should the need arise.
The order’s second purpose is to make sure that the Secretary of State, local trading standards in Great Britain and district councils in Northern Ireland can investigate safety issues concerning gas appliances and personal protective equipment. New regulations were introduced last year under the negative procedure, and this order now provides for the amendment of the 2015 Act by the affirmative procedure. It also enables enforcement authorities to use the investigatory powers in schedule 5 to the 2015 Act in relation to products covered by the 2018 regulations.
Finally, the intention underpinning the enforcement of the Measuring Instruments Regulations has always been that the enforcement authorities should have access to the investigatory powers in schedule 5 to the 2015 Act. This order corrects a typographical error in the relevant provision in both the regulations and schedule 5.
The order will provide the ability for the OPSS to lead and co-ordinate responses to national product safety cases and incidents, enhancing protection for UK consumers. It improves the Secretary of State’s ability to investigate claims of unsafe consumer products, and it helps to prevent injury and loss of life.
Dr David Drew (Stroud) (Lab/Co-op)
The Minister probably knows what I am going to say about school notice boards. She and her colleagues have been very helpful. Could she confirm that the order will make it quicker and easier to look at such products, which at least need investigation?
Kelly Tolhurst
I thank the hon. Gentleman for his intervention. I note his passion for the safety of notice boards in schools. He is correct. The essence of the order is that the Office for Product Safety and Standards will be able to act quickly and effectively in investigating and in using the full range of powers open to us to make sure we take the necessary action to protect consumers.
Enhancing protection for UK consumers is at the heart of my Department’s priorities, and the order improves the Secretary of State’s ability to investigate claims about unsafe consumer products and helps to prevent injury and loss of life. The order gives greater protection to law-abiding businesses, as it helps to stop unfair competition by preventing the placing of unsafe products on the UK market, and it makes sure that, where there is a national product safety incident, the Secretary of State can provide the necessary support and leadership to investigate.
The order enables the Secretary of State, local trading standards and district councils to investigate the safety of gas appliances and personal protective equipment regulated by the 2018 regulations. It is a further step in making sure that the Office for Product Safety and Standards can fulfil its regulatory role in the area of product safety, and it is a further step in the Government’s commitment to protecting consumers and maintaining fair markets for law-abiding businesses.
Regulation of Materials used in Notice Boards
Debate between Kelly Tolhurst and David Drew(6 years, 1 month ago)
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The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Kelly Tolhurst)
It is a pleasure to serve under your chairmanship, Mr Owen, and not to be grilled by you this afternoon. I thank the hon. Member for Stroud (Dr Drew) for securing this debate—people often pronounce my constituency incorrectly as Rochester and Stroud, so it is nice to respond to the hon. Member for Stroud this afternoon.
I am pleased to speak in a debate about safety. This Government take product and consumer safety incredibly seriously. Government’s first duty is to guarantee the safety of their citizens. In my role as Minister I focus on product safety and standards, an area that I have a particular interest in, having spent my life dealing with products for sale on the market prior to joining the House of Commons.
I will give the hon. Gentleman an update on where the Government are. In January, the Government launched the Office for Product Safety and Standards, to deliver the highest level of protection for consumers and to build confidence in our regulatory system. In August, the office published its strategy for product safety, detailing how it will achieve its goals. It now has in place a dedicated intelligence unit that assesses information from a variety of sources to monitor trends and identify potentially unsafe products on the market. With a £12 million funding upgrade, it now has an operational budget of £25 million a year.
In March, in partnership with the British Standards Institution, the office published the first Government-backed code of practice on product recalls. We have trained more than 300 trading standards officers to identify products and implement that code. That means that we will be better prepared to deal with product safety incidents and support manufacturers in preparing for potential incidents.
The Government are determined to be a world leader in how we deal with regulatory frameworks. A couple of weeks ago I was at the international regulatory delivery conference, which hosted professionals from more than 60 countries. That is an example of the things that we will continue to do to be leaders in this field.
The hon. Gentleman raises concerns about the safety of notice boards in particular. The points he makes are extremely important; he rightly points out that boards can be found in schools, hospitals, doctors’ surgeries, university halls of residence and workplaces up and down the country. It is vital that products of that kind are safe and remain safe. By law—under the General Product Safety Regulations 2005—manufacturers have a responsibility to put only safe products on to the market. That applies to any product that is intended for or likely to be used by a consumer, including where the product was originally intended for professional use. Products must be safe for any reasonable foreseeable use and the materials used must also be safe.
Furthermore, where manufacturers or distributors identify a safety issue with a product that is already on the consumer market, they must take action, which may, where appropriate, include a recall. If notice boards are for sale only to businesses or public bodies for use at work, they will be caught by the Consumer Protection Act 1987, which applies to all consumer products and products used in the workplace. It places liability for any damage caused by an unsafe product firmly on the producer or importer. The Health and Safety Executive also has a role in ensuring that workplaces are safe. I am aware that a number of universities have banned the use of notice boards or otherwise restricted their use. My understanding is that that is due chiefly to the fact that in the event of a fire, notice boards hold a lot of paper and therefore present a risk.
The hon. Gentleman has a keen interest in schools, which formed a major part of his speech. Having also been a teacher for many years, I am sure we agree that schools must be a safe place for all pupils, teachers and visitors. It was quite shocking to hear his statistics about the number of fires that have taken place. There are already strong protections in place: all schools must follow strict fire safety regulations, including a fire risk assessment that is designed to ensure that they are as safe as possible and well prepared in the event of a fire. In addition, all new school building projects must comply with building regulations, including on fire safety. That is independently checked by building control or other such inspectors before buildings are occupied.
The hon. Gentleman referred to fire safety; the horrific and tragic fire at Grenfell last year was a shocking and terrible event. It is right that the Prime Minister ordered the full public inquiry, which is now under way, in the aftermath of the fire in response to concerns raised about the external cladding on tower blocks. As the hon. Gentleman will know, the Government commissioned Dame Judith Hackitt to conduct an independent review of the regulatory system for buildings and fire safety. The Ministry of Housing, Communities and Local Government is responsible for the safety of building products and is leading on the Government’s response. In a statement in the House following the publication of the review, my right hon. Friend the Secretary of State for Housing, Communities and Local Government made clear the Government’s support for the principles outlined in the report.
On the specific things that the hon. Gentleman said he would like me to investigate, in my experience fire safety regulations and standards are extremely complex and depend on the particular product or market in question. This debate is very important—it is absolutely right that Members should bring such issues forward and challenge the Government about how we will improve standards and conditions. I was interested in his point about the different fire safety grading of products, so I will happily investigate that.
The fundamental objective of the new Office for Product Safety and Standards is to use intelligence and work with trading standards locally so that we do better at identifying bad products or areas where further action is particularly needed. I am extremely hopeful that the OPSS will achieve that, especially as it starts to implement its strategy. I agree with the hon. Gentleman about the need for a level playing field. He is absolutely right that consumers need to know that the products they buy meet minimum standards and that they must be fully aware of the risks associated with those products.
I thank the hon. Gentleman for securing the debate. I hope he is happy with the commitment I made. As the new Minister for small business, product safety and consumer protection are a particular focus and interest of mine. I reiterate the Government’s firm commitment to ensuring that everyone has access to safe products in their homes, schools and workplaces. I am extremely grateful to him for raising his concerns. I am interested to know about the company he mentioned—perhaps we can discuss that outside the Chamber.
Kelly Tolhurst
Yes—that would be good. The Government will continue to do all we can to deliver the highest levels of consumer and product safety, and to use trading standards to combat illegal products that come on to the market. I thank the hon. Gentleman again.
Question put and agreed to.