Product Regulation and Metrology Bill [HL]

Debate between Lord Foster of Bath and Lord Hunt of Kings Heath

Committee stage
Wednesday 11th December 2024 Grand Committee

[Lord Foster of Bath (LD)]

My Lords, I am enormously grateful that the noble Lord, Lord Sharpe, rather surprised me in seeming more excited by these amendments, in view of my earlier comments about beer, than I had expected. I am grateful for that, but I am particularly grateful for the very thoughtful response of the Minister. I am pleased that he thought I had made important and interesting points and by his promise to reflect on them. Just like the noble Lord, Lord Holmes, it looks like I may be getting a letter or a Christmas card—

[Lord Hunt of Kings Heath (Lab)]

I can assure him of that.

[Lord Foster of Bath (LD)]

I am not sure which it was: the letter or the Christmas card.

[Lord Hunt of Kings Heath (Lab)]

It will only be the letter, I am afraid.

[Lord Foster of Bath (LD)]

Time is not on our side—but it would be very helpful if, in his response, he could look at the issue of the definition of, for example, emergency services, and pick up my point about others. Could he also look very carefully at what he said, when he chose the example of coroners? Because of the work I do in relation to gambling, I am conscious that I very often say in speeches about it that there is well over one gambling-related suicide every day. The latest estimate is that over 400 a year take place. Our difficulty is that, unless we have information from coroners about causes of death, it is very difficult to build up the pattern. That is why coroners were included. Finally, he talked about GDPR, and the Bill itself refers to data protection legislation, as it puts it, but he did not make any specific comments about my concern about Part 9 of the Enterprise Act 2002.

[Lord Hunt of Kings Heath (Lab)]

I think I did say that we wanted to have a look at that and will come to him on it.

Product Regulation and Metrology Bill [HL]

Debate between Lord Foster of Bath and Lord Hunt of Kings Heath

Committee stage
Wednesday 27th November 2024 Grand Committee

[Lord Foster of Bath (LD)]

Does it not therefore draw attention to the vital importance of very effective enforcement taking place at our borders? That requires us to look very carefully at the funding and resources of whatever body, or bodies, will be responsible for that enforcement. Does it not also mean that we need to have much clearer arrangements for the specification of the level of risk of different products that come in, so that that enforcement can be done relatively smoothly and openly to our total satisfaction?

[Lord Hunt of Kings Heath (Lab)]

My Lords, the noble Lord always poses his questions wishing me to say “yes”. I am sympathetic to the points he raised but I cannot commit, and I cannot go further than what I said this afternoon except to say that this is a very important area and clearly something that we as a Government need to strongly reflect upon.

Having said that, I hope that I have indicated to noble Lords that I understand the important issues raised. I have given an absolute assurance from the Dispatch Box that we want to make our relationships with the devolved Governments as effective as possible. It is true that four can play but we hope that we will be able to deliver this and that we will get consent. Again, I would like to reflect some more on some of the tricky legal issues that both the noble and learned Lords raised.

Product Regulation and Metrology Bill [HL]

Debate between Lord Foster of Bath and Lord Hunt of Kings Heath

Committee stage
Wednesday 20th November 2024 Grand Committee

[Lord Foster of Bath (LD)]

Just for absolute clarity, I did not say that the Bill was too discretionary; I said that the current arrangements were too discretionary and I want a change from that situation.

[Lord Hunt of Kings Heath (Lab)]

I am sorry if I misinterpreted what the noble Lord said, but I get his drift. We believe that the operation of our current product regulation framework already recognises the point that he made.

--- Later in debate ---

[Lord Foster of Bath (LD)]

I apologise but I am not quite sure what the Minister’s concern about my amendment therefore is. It specifically suggests that we put into the Bill a power for the Secretary of State to choose to bring forward regulations that will enable the classification of high-risk products in the way that he has just described. They are all included, including the recently developed framework, as possible ways of doing that within the amendment. I genuinely do not understand the Minister’s argument. I am giving an opportunity for clarity—so that in all circumstances there is an opportunity to use that framework.

[Lord Hunt of Kings Heath (Lab)]

We do not think it is necessary.

[Lord Foster of Bath (LD)]

Why?

[Lord Hunt of Kings Heath (Lab)]

If the noble Lord will let me explain, Clauses 1 and 11 grant powers to make regulations relating to product safety for a range of purposes, general or specific. The Government have set out in their response to the product safety review our intention in the months ahead to begin a process of sector reviews. They will consider whether any changes are needed to our existing regulation of higher-risk products to reflect modern challenges, such as those that the noble Lord has pointed out in two speeches this afternoon. We will also consider whether updates to the GPSR are necessary to ensure that cross-cutting and emerging risks are properly addressed, particularly where products fall outside current sector-specific rules.

Furthermore, in December 2022, the Office for Product Safety & Standards developed a product safety risk assessment methodology for GB regulators to use with non-compliant products. The methodology requires consideration of the tolerability of the risk identified. Where a risk is intolerable, a regulator can act robustly in relation to risks that may have a low possibility of occurring, but where, if they did, the outcome would be disastrous. A noteworthy example is the effort made by the Office for Product Safety & Standards to protect young people from the dangers of ingesting small, powerful magnets.

In Amendment 95 the noble Lord, Lord Fox, makes the sensible point that safe disposal can be a key part of protecting consumers and businesses. Clause 1(5) makes clear that regulations can cover safe disposal of products. We will consider whether particular products need specific regulation in this area on a case-by-case basis.

On the disposal of batteries specifically, the Government are committed to cracking down on waste as we move toward a circular economy. We shall have a discussion on the circular economy—I was going to say “in a few minutes”, but that might be a little hopeful. We are reviewing and propose to consult on reforms to UK batteries regulation before setting out our next steps.

Finally, regarding the question from the noble Lord, Lord Jackson, on the Schedule to the Bill, the things mentioned in the exclusions are covered by separate legislation. It is as simple as that.

[Lord Jackson of Peterborough (Con)]

I am grateful for the Minister’s indulgence; I have a straightforward question regarding Amendment 7 in the name of the noble Lord, Lord Foster. The Minister has answered it thoroughly but I still do not understand. What else would the Government be doing, in looking at the efficacy of product safety, that is not already in the amendment? Surely the noble Lord’s amendment merely formalises actions with regard to product safety that the Government themselves would do in analysing what they need to do to protect consumers. I cannot understand the Minister’s resistance to at least being a bit more emollient towards what seems to me quite a sensible amendment.

[Lord Foster of Bath (LD)]

Hear, hear!

[Lord Hunt of Kings Heath (Lab)]

My Lords, I think that is surprising support from the noble Lord, Lord Foster. This is an iterative process in Committee, and we are certainly always prepared to look at suggestions put forward. My response is simply that we think the Bill as it stands, and the reviews that will take place, cover the points he raises. The Attorney-General’s advice also suggests that we should not unnecessarily add to legislation, but we will give it some consideration.