Draft Construction Products (Amendment etc.) (EU Exit) Regulations 2019

Debate between Kit Malthouse and Chris Leslie

Monday 4th February 2019 General Committees

[Kit Malthouse]

I note the hon. Lady’s concern. I would have assumed that, in her no doubt extensive preparation for this sitting, she would avail herself of the facilities in the Library and elsewhere to find those documents and study them, if she was giving a speech or preparing interventions on this subject, but I note her concern for the future.

[Mr Leslie]

Will the Minister give way?

[Kit Malthouse]

No.

Back to the point: the general policy is to keep the same requirements but convert them into a UK regime. These regulations do not change the key requirements currently in place. This instrument would ensure that the same standards applied immediately after exit day as applied before the UK left the EU.

The effect of these regulations can be considered in five parts. First, they would preserve current European harmonised standards as UK designated standards. This would mean that, immediately following exit day, the UK’s product standards under the CPR would be identical to those under the EU’s regime, so there would be no change to the standards that businesses must meet. Thereafter, new UK standards would be designated by the Secretary of State, informed by expert advice from the national standardisation body.

Secondly, where a third-party conformity assessment is required for UK standards, it would be undertaken only by approved bodies established in the UK. These regulations grant approved body status to current CPR conformity assessment bodies based in the UK. Where an approved body undertakes the third-party conformity assessment that would be required under the relevant UK standard, the manufacturer must affix the new UK mark, which would be established under a separate instrument laid by the Department for Business, Energy and Industrial Strategy. Details of the mark and guidance for industry were published at the weekend.

Thirdly, alongside the domestic arrangements that I have outlined, we are putting in place a continuity approach for products that comply with the European regime. This would mean that products meeting requirements under the European CPR could continue to be placed on the UK market without any need for retesting or additional marking. This would apply in all cases where the relevant UK and EU product standards remain the same, provided that any third-party conformity assessment has been carried out by an EU-recognised conformity assessment body. As I have mentioned, all EU and UK standards will be the same immediately after we leave the EU. These arrangements are intended for a time-limited period, and we would ensure that businesses are given sufficient notice in advance of this period coming to an end. This approach would ensure that goods continue to flow into the UK market and would help to minimise disruption for businesses and consumers, which is vital to support the UK’s housing and infrastructure ambitions.

Fourthly, there would be an optional route available to enable products that are not fully covered by a UK-designated standard to be UK-marked. This would work in a very similar way to how the CPR currently works on an EU-wide basis.

Fifthly, and finally, this instrument would give the Secretary of State regulation-making powers to enable the UK to make technical updates to the CPR framework. This would replicate the role of the European Commission under the CPR to make “delegated and implementing acts”. This provision is necessary to ensure that the UK’s CPR regime can respond to technical progress and to new or emerging issues. This would enable Parliament to scrutinise any new measures, and provides a similar level of oversight to that of the EU’s regime. Transferring this function is in line with the Government’s approach, across multiple policy areas, to transferring functions currently within the remit of EU authorities to the relevant UK bodies. Transferring this power to the Secretary of State would be the most effective way of ensuring that the regime remains fit for purpose after the UK’s exit from the EU, while allowing for an appropriate level of parliamentary scrutiny.

I should note that the regulations also make a number of technical operability fixes to correct deficiencies arising from EU exit in the market surveillance regime provided for under domestic legislation.

Our overall approach to the amendments is completely in line with the policy and legal intent of the withdrawal Act and enacts the policy that the Government set out in a technical guidance note to industry in September. The regulations serve a very specific purpose: to prioritise stability and certainty if the UK leaves the EU without a deal or an implementation period. Thereafter, they provide a stable basis for Parliament to change the law where it is in the UK’s best interests.

To conclude, I believe that the statutory instrument is necessary to ensure that construction products regulation continues to function appropriately if the UK leaves the EU without a deal or an implementation period. I hope that colleagues will join me in supporting the draft regulations, which I commend to the Committee.