Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

Lord Callanan Excerpts

Wednesday 20th May 2020 Lords Chamber

Moved by

[Lord Callanan]

That the Virtual Proceedings do consider the draft Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020.

The Motion was considered in a Virtual Proceeding via video call.

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Callanan) (Con)]

My Lords, this order was laid before the House on 16 March 2020. The purpose of this statutory instrument is to update the Weights and Measures Act 1985 with new definitions for the metre and kilogram units of measurement. I emphasise that this does not represent any change in policy; it is simply about updating the unit of measurement definitions in UK law to align with those agreed internationally. It ensures that UK legislation is in step with the rest of the world.

I emphasise that the values of the units of measurement themselves are not changing. A kilogram will weigh the same as it did before the definitions were amended and a metre length will also still be the same. Therefore, there will be no direct impact on business or consumers. Businesses will not need to change their weighing or measuring equipment and consumers will have no need to be made aware of the changes. Perhaps I may give some background for the aid of noble Lords, providing the context of the changes that have been made and the processes that sit behind them.

The new definitions have been approved by the International Bureau of Weights and Measures. Currently 102 countries, including the UK, are members or associated members of the bureau. In fact, the UK was a founding member in 1875, alongside France, India and the US, recognising, even then, the need for consistency and accuracy of measurement to support fair and effective international trade.

The UK has remained at the forefront of both legal and scientific metrology for over 140 years since the bureau was founded. The bureau’s key objective,

“to … be the coordinator of the world-wide measurement system, ensuring it gives comparable and internationally accepted measurement results”,

is relevant even today. It ensures that the International System of Units—also known as SI base units—is uniform and accessible for the purposes of international trade, high-technology manufacturing, human health and safety, protection of the environment, global climate studies and the basic science that underpins all of those.

An accurate and agreed standard is essential to ensure consistency in weights and measures across all these applications. For example, it is critical not only that medicines are measured accurately to ensure correct dosage, but that consumers of any goods sold based on measurement have transparency and get what they pay for. This is vital, as in the UK some £342 billion-worth of goods are sold based on the measurement of their quantity, equating to some £6.23 billion every week. In addition, £280 billion-worth of goods per year are weighed or measured at the business-to-business level.

Originally, the definitions to determine the value of a unit of measurement were based on physical standards. Historically these might have been references to parts of the human body, utensils, or amounts that animals could carry. In more recent times, the physical standards became more sophisticated. For example, until now the kilogram was defined by reference to a piece of platinum and iridium that was held in a vault near Paris. As the definitions have developed, they have moved away from physical standards, as those physical standards can deteriorate over time and become less accurate. Even the slightest dust or cleaning can lead to deterioration of the metal and affect accuracy.

Until now, the kilogram was the only remaining definition based on a physical standard. Following decades of discussion, scientific research and testing, the new definitions for seven base units of measurement were agreed and recognised by the International Bureau of Weights and Measures in November 2018. The new definitions were deemed by the bureau to come into effect on 20 May 2019. Under the EU withdrawal agreement, we are proposing to implement the definition changes on the same date as member states of the EU: 13 June this year.

The seven base units of measurement with these new definitions are the metre, kilogram, ampere, second, candela, mole and kelvin. The definitions that we are concerned with today are those of the metre and kilogram. The new definitions are based on a set of seven defining constants, drawn from the fundamental constants of physics and other constants of nature, from which the definitions of the seven base units are deduced. For example, the value of a kilogram can now be determined from Planck’s constant, which remains accurate under all circumstances. It is interesting to note that the redefinition of the kilogram was made possible using technology developed here in the UK. The UK’s National Physical Laboratory, one of the leading national metrology institutes in the world, played a key part in the redefinition of the kilogram. This change ensures that unit of measurement definitions are scientifically robust and accessible to all globally. It also ensures uniformity and accuracy and will stand the test of time, because no dust or cleaning will affect them.

For the UK to stay in step with the rest of the world and meet our obligations under the withdrawal agreement, we have taken steps to amend our legislation. In September 2019, regulations amended the definitions for all seven of the SI base units in the Units of Measurement Regulations 1986 and made amendments to certain definitions in the Weights and Measures Act 1985. Those amendments, in Statutory Instrument 2019/ 1211, were made using powers under Section 2(2) of the European Communities Act 1972 and are timed to come into force on 13 June 2020.

The Weights and Measures Act also contains the definitions of the metre and kilogram units of measurement. I have been advised that amending them requires the use of powers provided for in the Weights and Measures Act itself. That is why this new statutory instrument is before your Lordships today: to amend the Weights and Measures Act definitions of the kilogram and the metre. This will ensure that all of the UK’s law is consistent and up to date, and that we are complying with the terms of the withdrawal agreement. Our intention is that this amendment should come into effect alongside the Weights and Measures Act 1985 (Amendment) and Units of Measurement Regulations 1986 (Amendment) Regulations 2019, which is SI 2019/ 1211. That will happen on 13 June this year.

To conclude, this statutory instrument is simply about making UK legislation consistent and up to date, reflecting the new scientific definitions that underpin the legal and scientific metrology framework. There is no policy change. This is simply a technical change to ensure that the UK is in step with the rest of the world and therefore meeting our obligations under the withdrawal agreement. I emphasise once again: there is no direct impact on businesses or consumers, and I commend this order to the House. I beg to move.

--- Later in debate ---

[Lord Callanan]

My Lords, I too thank noble Lords for their valuable contributions to what I thought was an extremely interesting, albeit short, debate. Of course, metrology is a subject that may at times seem a little remote and archaic, but it is actually of fundamental importance to all our lives: from the medical weighing of babies to the food that we eat, metrology affects us all in everything we do. As soon as humans started to trade, they needed common units: for measurements to have meaning, they must use common standards. That is why it is so important that we have agreed global standards that can ensure accuracy wherever they are used. I remind noble Lords once again of the huge volume of goods sold in the UK alone on the basis of measurement of their quantity. It is £342 billion- worth of goods, equating to £6.23 billion every week; and a further £280 billion-worth of goods per year are weighed or measured at the business-to-business level.

I shall now address some of the points raised during the debate. I start by thanking the noble Lord, Lord Liddle, for his very kind remarks: I too enjoyed sparring with him over Europe, and I am sure there will be lots of opportunity to do that in the future. I can confirm, in response to the noble Baroness, Lady Northover, that we do have capacity to build our own mechanisms now that we have left the EU, and that the Government are committed to maintaining the UK’s role as a leader in international metrology and in science.

In answer to the queries raised by the noble and learned Lord, Lord Hope of Craighead, no tradesmen will have to change their practices as a result of these changes. The value of the units of measurement themselves are not changing, as I said in my introduction: a kilogram will still weigh the same as before the definitions are amended. We are adopting the new definitions to ensure that the UK remains at the forefront of metrology, which is where we want to be, and, while this does implement a European directive, which we have agreed—of course, we are obliged to do so under the withdrawal agreement—that is not the most significant aspect from our policy perspective. These changes have the support of the British science community, led by the National Physical Laboratory, and they reflect our ambition for the UK to remain a leader in international science.

My old sparring partner, the noble Lord, Lord Foulkes, raised the question of a legislative consent Motion. I am pleased to tell him that units and standards of weights and measurement are reserved in Scotland under Schedule 5 to the Scotland Act 1998, and therefore it was not necessary for any legislative consent Motion to be tabled. That said, of course we have made contact with all the devolved Administrations to inform them of the proposed changes, and no objections have been raised. I can also confirm that this order does not extend to Crown dependencies or British Overseas Territories. These are separate jurisdictions and must make their own provision for updated units of measurement.

The noble Lord, Lord Rennard, raised the question of progress on metrication. The Government recognise that many people have an attachment to the imperial system and a preference to use imperial units in their day-to-day lives. At the same time, we recognise that the majority are not familiar with imperial units and that the use of metric is a necessity for British businesses to compete in markets around the world. The system that we have in the UK takes account of both preferences—the need for both imperial and a single, comprehensive set of units of measurement—by allowing for indications, in trade use, to be provided in imperial and metric, as people so choose.

It is important that consumers can tell how much of a product they are buying so that they can easily make comparisons to identify the best deal. Being able to compare prices and quantities is a fundamental principle of fair trade, and that is why, on the whole, today we have a single metric system of units of measurement. However, now that we have left the EU—much to the chagrin of the noble Lord, Lord Liddle—it is entirely for the UK alone to decide on any future approach to meet the needs of all British people and businesses.

My noble friend Lady McIntosh of Pickering asked about enforcement. I can confirm that trading standards’ responsibilities and resources are not affected. Enforcement of the Weights and Measures Act will remain the responsibility of local authority trading standards departments.

In response to the question about consultation, statutory consultation was undertaken in accordance with the requirements of the enabling powers in the Weights and Measures Act. On 15 August 2019, the Government wrote to organisations representative of those with an interest in the changes, setting out the approach that we intended to take to update the legislation and seeking their views. They were asked to respond by 27 August 2019.

I can give my noble friend the names of some of the consultees: the National Physical Laboratory; the British Standards Institution; the UK’s national accreditation body, UKAS; the Royal Society; the Royal Academy of Engineering; the Institute of Physics; the Institute of Measurement and Control; the Legal Metrology Experts Group, representing trading standards departments; and the UK Weighing Federation, representing manufacturers of weighing equipment. Discussions were also held with the NPL, and no concerns were raised by any of the stakeholders. As I said earlier, a statutory consultation was undertaken in accordance with the requirements of the enabling powers.

The statutory instrument before your Lordships will bring in, on 30 June, the changes that are needed to maintain pace with the international definitions. I close by reiterating that no policy change is involved here. Although it is important, this is simply a technical change to ensure that the UK is in step with the rest of the world. In making the change, we will also be meeting our obligations in line with the EU withdrawal agreement. A kilogram will weigh the same as before the definitions were amended and a metre will still be the same length, but now they will be based on the most up-to-date science. I commend this draft instrument to the House.

Motion agreed.