Product Regulation and Metrology Bill [Lords]

Kirsty Blackman Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Jim Allister (North Antrim) (TUV)]

Forgive me for bringing the Commons back to the purpose of Parliament. Its historic purpose is to make laws for our constituents and to hold the Executive to account. That is the fundamental that has been loosened by this Bill. Although it is entirely skeletal in form, the Bill’s effect is very far-reaching indeed.

It is quite obvious that the Bill has a clear purpose, which is to align Great Britain with the EU single market on goods. If it were not so, we would not have clause 2(7). The standard that is set in that clause is the EU standard. If the Bill was just about creating the opportunity to make regulations because of a regulatory gap, it would not be tethered to the EU provisions on goods. It would be open ended, and we would be free to make the choice that best suited us. However, the giveaway clause in the Bill is clause 2(7). That lets the cat out of the bag, as indeed did the hon. Member for Walthamstow (Ms Creasy) when she quite clearly indicated that that was the direction of travel that she sought. Therefore, that is the purpose.

When we look at clause 1(2), we again have the open affirmation of the desire to make the compliance with “relevant EU law”, so it is abundantly clear that this is a creation to realign us with EU law. The intent is to create this vehicle for realignment without voters noticing. Of course that means realignment with laws that we do not make and that we cannot change because they are made by a foreign Parliament. The ambition in this Bill in respect of clause 2(7) is to disenfranchise—as has happened already in Northern Ireland by our subjugation to the EU single market and all its rules—the people of the United Kingdom, so that, in their entirety, they are at the Government’s whim and can be subjected to laws they do not make and cannot change. That then inextricably ties us to the European Court of Justice. It is the ECJ that mediates and deliberates on those laws that this Bill wishes to tie us to. Therefore, it is an attempt to tie us not just to the EU single market, but to the court that rules the EU’s single market.

[Kirsty Blackman (Aberdeen North) (SNP)]

On the point the hon. and learned Gentleman is making about enfranchisement and the fact that he wishes this Parliament to be in control of the powers that it has, does he agree that it would be sensible for the UK Government to ensure that, where powers are devolved to the Scottish Parliament, for example, they seek consent from Scottish Ministers rather than just legislating? The Bill, as currently drafted, allows Ministers here to legislate in areas of devolved competency, much as he is making the case that the EU court would be allowed to do.

[Jim Allister]

One critical thing about the Bill is that, under the Sewel convention, it does not extend to secondary legislation. It does not extend to statutory instruments. The Bill drives a coach and horses through the Sewel convention as far as devolution is concerned, because it heaps all the powers into statutory instruments. One might expect such a bold move to realign the United Kingdom with EU law to be an up-front piece of legislation. I do not think that that is too much to ask—that it should be plain and clear for all to see. Instead, it is to be conveyed in these statutory instruments. And statutory instruments, as we know, are those that, in the main, pass through unnoticed. We have all been to Delegated Legislation Committees. We know that they are farcical in that the Minister comes in with a brief, which is simply rigidly read, and Members nod the motion through. It is a farcical way to make legislation of any sort.