Product Regulation and Metrology Bill [HL]

Lord Fox Excerpts

Report stage
Wednesday 5th March 2025 Lords Chamber

[Lord Sharpe of Epsom (Con)]

My Lords, this amendment, which is in my name, seeks to leave out Clause 2(2)(k), concerning authorised representatives. The introduction of an authorised representative is a critical concept, but this provision remains too vague and ill defined in the Bill. For businesses, this lack of clarity leads to uncertainty, especially when it comes to the exact role and responsibilities of an authorised representative. Businesses require certainty when it comes to compliance, and this uncertainty may hinder their ability to plan, operate or expand. By removing paragraph (k), we would eliminate potential confusion and ensure that businesses do not face unnecessary administrative burdens or legal risks.

Amendment 22 addresses the issue that these powers could allow Ministers to align UK law with EU regulations entirely or, conversely, to diverge from them in significant ways. Whether Ministers choose to follow EU rules or set our own course, these substantial decisions could have far-reaching implications for the future of UK businesses and consumers. What is particularly troubling, however, is that these decisions could be made through delegating legislation, which , as the DPRRC has stated, would be subject to only a relatively low level of parliamentary scrutiny.

We rehearsed these arguments in previous debates and I will not rehash them at length now. My noble friend Lord Frost addressed this point on the first day of Report and the risk of dynamic alignment with the EU through this Bill, which the Minister stated was not possible. However, he did not explain why, so I beg to move Amendment 15.

[Lord Fox (LD)]

My Lords, as we have heard, the amendments in this group from the noble Lord, Lord Sharpe, would remove specific provisions from Clause 2, including a paragraph on authorised representatives; a subsection defining who product regulations apply to, which I do not think the noble Lord mentioned; and a subsection on environmental considerations before introducing regulations. We strongly oppose these changes, particularly as we emphasised in Committee the importance of environmental considerations for products. I remind the noble Lord, Lord Sharpe, that since the DPRRC’s report, the Government took on board Amendment 9 on the previous day on Report and undertook to issue statements, which have a statutory consultation process, before such regulations are laid. The idea that there is no accountability has been somewhat set aside so, with those provisions, we do not feel it is conducive to support these amendments.

[The Minister of State, Department for Energy Security and Net Zero (Lord Hunt of Kings Heath) (Lab)]

My Lords, I am very grateful to both noble Lords for their contributions to this debate. The noble Lord, Lord Sharpe, was pushing for greater clarification, but accepting Amendments 15 and 16 would significantly impact our ability to update regulations protecting consumers from product-related risks. They would remove the parts of the clause that make it clear that we can introduce regulations on the range of different actors involved in supplying a product. Those actors may change from time to time and the whole construct of the Bill is to give us flexibility to reflect on changes that occur. Product regulations will have no impact unless they apply to the range of actors involved in producing, importing and marketing a product to consumers.

I will say again that, because of the extent of the existing product regulations, the breadth of Clause 2 is necessary to ensure that all matters involved in ensuring product safety can be covered adequately, now and in the future. On the noble Lord’s point about certainty for business, the flexibility that the Bill allows us is that we can respond to events as they happen. The obverse of that is further primary legislation would be required, which would introduce more uncertainty for business than the approach that we are taking.

We have always agreed on the need for guard rails in the Bill. Amendment 22, tabled by the noble Lord, Lord Sharpe, would remove one of the existing guard rails: the requirement at Clause 2(8) that the Government must have regard to the “social, environmental and economic” impact of making regulations which recognise provisions of EU law. We oppose removing this requirement. We are already amending the Bill to put more guard rails in place, including at Clause 2(3)(h) on the duties that can be imposed on particular actors. We are increasing scrutiny through the affirmative procedure whenever regulations seek to place requirements on new categories of actors in the supply chain for the first time. The affirmative resolution procedure will also apply product requirements are imposed for the first time on online marketplaces. We have also published a code of conduct that will set out the statutory and non-statutory controls in place to ensure that regulations made under this legislation are proportionate and evidence-based.

I take this opportunity to update noble Lords on inclusive by design, on which we had a very good discussion on our previous day on Report last week. We thank the noble Lord, Lord Holmes, for the constructive discussions that we have had, alongside the noble Lord, Lord Fox, who elegantly invited himself to the meeting. In Committee, and on Report last week, we discussed the existing inclusive design standard produced by the British Standards Institution. However, as I said last week, having a voluntary standard is one thing; ensuring that producers and manufacturers take account of it is another.

This gets to the heart of product safety. Our existing law sets a baseline safety requirement for products according to their reasonably foreseeable use. If products would be unsafe in their design when they are used by particular communities, those products are self-evidently not compliant with the aims of the product safety regime. As we look to use the powers in the Bill to update our product regulation framework, there is more that we can do to consider how regulations can best ensure safety for all users. Following discussions with the noble Lord, Lord Holmes, we have therefore agreed that we will update the code of conduct on product safety to highlight the importance of inclusive by design. We will also ensure that the code reflects, when the Government consider product regulations, the role that regulations can take in ensuring safety for all people.

I hope that this assures noble Lords, particularly the noble Lord, Lord Holmes, that we take very seriously the points that he and other noble Lords raised on the impact that the regulations have on UK businesses. This is not an effort to put a load of additional regulatory burdens on to businesses. We seek to protect consumers from product risks and ensure that the right actors are covered by regulations. When change occurs, issues need to be discussed and considered, and action needs to be taken we will have through this Bill—and Act, I hope—the flexibility to deal with them.

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[Lord Jackson of Peterborough (Con)]

My Lords, I support Amendments 29 and 30, in the name of my noble friend Lord Sharpe of Epsom. I think these amendments are very helpful to the Government.

I put on record that I believe that both Ministers have engaged. Whatever you say about them—we do not necessarily agree all the time—they engage with the argument, and they respond properly and respectfully. That speaks well of them, their Front Bench and their party on this Bill, even though we may disagree.

I support this amendment because it speaks to a need for flexibility. We know that there will be occasions where there are emergencies which we cannot foresee in any reasonable timescale. My noble friend referenced Covid, which is the most obvious example of recent years.

One of the other issues running through this Bill has been business certainty—businesses having the opportunity to understand the legislation and take measures necessary to ameliorate any impact of it on their businesses. These two very sensible amendments would do that, because they would give business a proper framework and reference point for the sort of emergency secondary legislation that may occur as a result of unforeseen circumstances. They address the imperative—this has been a major theme of this Bill, given the reservations of the Delegated Powers and Regulatory Reform Committee—for proper scrutiny and oversight because we have so many enabling powers, and give flexibility.

The amendments are not prescriptive. Seeking a proper outline of conditions and procedures for the use of emergency powers does not directly enforce a fear upon Ministers. It does not direct Ministers, and it does not fetter their discretion in acting appropriately in the national interest in the case of emergencies. It nevertheless is a way for Parliament to have an understanding of the actions the Government are taking. As your Lordships’ House knows, we are looking at rationale and definition in Amendment 29, and clarity and certainty in Amendment 30.

My final point is that this will, no doubt, be litigated in the future, as all legislation is. The more certainty and clarity that we put in the Bill, the less chance there is for vexatious litigation arising from any use or discharge of those regulatory powers in unforeseen emergencies.

For those reasons, and because I know the Government are committed to having a proper debate and discussion on the regulations that they intend to use, particularly in emergency circumstances, Ministers should look favourably on these two amendments. They are seeking to be helpful. I do not think, as I have said before, they fundamentally alter the raison d'être of the Bill. I am pleased to support my noble friend’s Amendments 29 and 30.

[Lord Fox (LD)]

My Lords, as we have heard, the amendments in this group concern the use of emergency powers under the legislation. Amendment 29 would require the Secretary of State to present a framework to Parliament outlining their use, and Amendment 30 would limit the use of emergency modifications to three months and would require a review of any extension to those modifications.

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[Lord Wigley (PC)]

My Lords, I intervene very briefly on this—as noble Lords would perhaps expect on a matter relating to devolution—in support of the amendment moved by the noble and learned Lord, Lord Hope, and supported by the noble and learned Lord, Lord Thomas.

The points that have been made are very relevant. Although it is in a minority of products within the whole economy that there may be derogations, changes or fine tuning needed to the circumstances in Wales, Scotland or Northern Ireland, in those areas—which include food, cultural and literary products—there is a range of products for which the linguistic dimension has in the past raised questions, when all this came under Brussels, as to what names were or were not acceptable on products in Wales.

There is a sensitivity to this. I have no doubt that the issues can be overcome if there is a mechanism for consultation, but if there is a danger of ignoring the possibility of things going wrong then things will go wrong. Now is the time to address these questions, and I am very grateful that this amendment has been put forward.

[Lord Fox (LD)]

My Lords, I was nearly subject to a flashback, when the when the noble and learned Lord, Lord Hope, mentioned the internal market Act, to the memory of the long hours, deep into the night, spent debating the shortcomings and problems that Act could create—as, to some extent, it has. We are indebted to the noble and learned Lords, Lord Hope and Lord Thomas, that the framework arrangement was brought into that Act to avoid the clashes that were almost certainly going to occur under its original drafting. We owe them a great debt, and on that basis we should listen when they talk to us on these matters. That is why I was happy to sign the amendment.

Happily, I do not have to add much to this, except that it is necessary. This consultation will happen one way or another. The Minister will know that I specifically asked him when we debated Amendment 9 to confirm from the Dispatch Box that the devolved authorities would be part of the consultation process as set out in the Secretary of State’s statement that will arise from this Bill. I hope that the spirit of this amendment can be in that consultation process and in that statement, so that the devolved authorities know that they will get access, which is very important for all the reasons that have been explained by the noble Lord and the noble and learned Lords.

I have one final point on the Government’s attempt, which I think is sincere, to bring the nations of this country back together again. This is really important for lots of reasons, but it also calls into question how the common frameworks will be used in the future. I do not expect the Minister to answer now but he should set out, in either a letter or a meeting, how those common frameworks will develop. Some people may already know but I am certainly not aware of that. As we know, the future is changing and lots of things are happening. How will the common frameworks and central government’s liaison with the DAs adapt to deal with the changing trading environment? With those provisos, I am happy to support the amendment.

[Lord Sharpe of Epsom (Con)]

My Lords, I will be very brief. I could not agree more forcefully with the summation of the noble and learned Lord, Lord Thomas of Cwmgiedd. It was very well put indeed. In general, I also find that improving on the words of the noble and learned Lord, Lord Hope of Craighead, is nigh on impossible, so at this point I will confine myself to saying that I agree. On this occasion, I also join the noble Lord, Lord Fox, in his remarks on the consultation; I hope it achieves the things that he has set out. I have nothing else to add, but I look forward to the Minister’s remarks.

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[Lord Sharpe of Epsom (Con)]

My Lords, this amendment is not just about protecting the pint in the Bill; it would also ensure that the pint remains protected in law. That is why this amendment is rooted in primary legislation—the Weights and Measures Act 1985—rather than being limited to the scope of the Bill. By embedding these protections in the broader legislative framework, we ensure that the pint remains a legally defined unit of measurement, safeguarded from regulatory drift, ministerial discretion or future legislative changes that could weaken its status.

I am very grateful to the noble Lord, Lord Fox, for introducing his own amendment, for two reasons. First, it got me thinking about the broad, and therefore possibly flawed, drafting of my own Amendment 38; secondly, the noble Lord’s amendment is also flawed. It addresses the marketing of the pint, which is important, but it does not mirror the wording of the Weights and Measures Act 1985. If sales are banned, marketing is redundant. A mere definition of the pint within this Bill does not ensure that the existing legally binding protections remain intact.

That is where my amendment is different: we are closing any potential gaps, removing any possible loop- holes and ensuring that the pint remains fully protected in trade, measurement and law, and, most importantly, that there can be no future confusion with regard to existing legislation.

In the other House, Daisy Cooper said that the pint is well and truly safe,

“so this scaremongering is just total nonsense.”—”.—[Official Report, Commons, 26/2/25; col. 814.]

If that were true, why the change in Liberal Democrat hearts? Why introduce their own amendment on this matter? It seems that now, they recognise that explicit legal protection is necessary.

I understand that the Government were sympathetic to the purpose of my Amendment 38 but were concerned about the drafting and various technical details, so I hope this manuscript amendment addresses those concerns in full and will ensure that the pint remains Britain’s favourite. I hope the Government will now accept the amendment, and I look forward to their support, as well as that of the noble Lord, Lord Fox, and the Liberal Democrats.

“Fancy a pint?” remains one of the most pleasing questions in the English language. Let us make sure it stays that way. I beg to move.

[Lord Fox (LD)]

My Lords, when I saw the manuscript amendment some time mid-morning, I was disappointed. I thought we were not going to get a reprise of the speech of the noble Lord, Lord Sharpe, which very few of your Lordships will have appreciated, because it was in Grand Committee, but I am relieved that he was able to give another rendition of it before speaking to the amendment. I understand he may take it on tour to provincial theatres—if he can get the backing.

The noble Lord having tabled this amendment, we then find a manuscript amendment, on which I have to say I congratulate the noble Lord. I have not participated in a manuscript amendment process before, so it was quite good to see it in action. As he noted, last week the Opposition chose to use some of their time in the Commons to debate the noble Lord’s then amendment. He mentioned the speech of my colleague, Daisy Cooper. I commend it to your Lordships, because it was both engaging and very thorough, setting out all the things the Conservative Government did to make the job of a publican much, much harder.

On a serious note, I join the noble Lord in saying, “Minister, please don’t repeat those errors. Many of Britain’s pubs are teetering on the brink; please don’t be the Government who make the final push.” But that is a debate for another day and another Bill, which we will see soon. The issue described by this amendment is not that fatal push for those publicans. For some inexplicable reason, the noble Lord, Lord Sharpe, chose to split his amendment from my Amendments 38A and 38B. I will be giving the speech I would have given, had they been in the same group, but I assure your Lordships that I will not then repeat that speech when we get to the next group.

I do not believe that the Minister or his Government have ever had any intention of banning the pint glass, and I am sure the noble Lord, Lord Sharpe, does not believe that either. However, what we are talking about now is some form of reassurance. So while my honourable friend Daisy Cooper talked about this being unnecessary, she and I agree that this is an opportunity for the Government to reassure people that they have no intention of doing it, and that, as the noble and learned Lord, Lord Hope, mentioned in a different context, a future Government would not have that option either.

I ask myself, if the noble Lord, Lord Sharpe, is so passionate about the pint, why does he not also care about the pinta? The iconic pint milk bottle is so redolent of the UK, and it deserves the same reassuring protection as the pint glass. I have to say that my father milked cows: milk flows through my veins. So I tabled Amendment 38A, which ensures that both the pint and the pinta enjoy the reassurance of this Bill. It was the tabling of this new amendment, Amendment 38A, that caused the noble Lord, Lord Sharpe, to remember that, as well as bars, there are doorsteps. Perhaps the two should not be mixed—certainly not sequentially.

It caused him to realise that he was in danger of proposing an amendment that forgets the milkmen and women on their pre-dawn delivery rounds in so many of our streets—the whir of the float, the clink of the crates. A manuscript amendment was tabled this morning. I did not know that manuscript amendments could be used to completely change an amendment; I thought they were for spelling errors and suchlike. If my mother were still alive, she would have deemed it too clever by half. Sadly, she is not.

The purpose of this debate is to assure the public of the continuation of the use of this iconic imperial measure for the purposes we have discussed. I am not entirely sure that the manuscript amendment, Amendment 38ZA, buttons things down in the way that the noble Lord, Lord Sharpe, asserts, but I do know that Amendment 38A does this, in plain sight and with no cross-referencing.

I think that the Minister and I see eye to eye on this. That is why I am hopeful that he will indicate support for my Amendments 38A and 38B, and that the Government will accept both. It is clear that, in the event of that acceptance, the hastily amended effort from the noble Lord, Lord Sharpe, would be unnecessary. Amendment 38A covers both alcohol and milk. By persuading the Government to accept it, we will have ensured clear and overt reassurance of the preservation of the pint and the pinta. This assurance, and the knowledge that this measure will endure and not be reversed by a Commons majority, are important. We will not support the amendment from the noble Lord, Lord Sharpe, safe in the knowledge that we have rewritten the Bill effectively and avoided any reverse or any ping-pong.

[Lord Leong (Lab)]

My Lords, I thank the noble Lord, Lord Sharpe, for tabling Amendment 38—and manuscript Amendment 38ZA, tabled this morning—and for reminding the House of the importance of the pint measure for certain alcoholic beverages. Although the noble Lord degrouped Amendment 38, the Government’s view is that this amendment and the two similar amendments tabled by the noble Lord, Lord Fox, should be debated together. I will therefore make my substantive contribution on the entire subject now.

I reiterate that the Government have absolutely no plans to change the rules around the use of the pint measurement. With the weather finally improving, it is very much my hope that pubs up and down the country will be full of customers enjoying pints of refreshing beer or cider. While it remains our view that an amendment to the Bill is not strictly necessary, because of the advocacy of the noble Lord, Lord Sharpe, the Government have reflected and agree that a provision in this area would offer reassurance to this important sector.

I am grateful to the noble Lord for bringing this amendment back and recognise his efforts to improve on it through today’s manuscript amendment. However, doing so at such a late stage is not the way to develop effective legislation, particularly in a complex area such as metrology. We have always been clear that we are committed to the continued use of the British pint and that regulations made using powers in this Bill would continue to preserve it.

Although the noble Lord’s amendments are well intentioned, they are lacking in a few key areas. First, the effect of the amendment is not sufficient in scope to truly protect the pint. It is focused on preventing powers under the Bill being used to amend the Weights and Measures Act 1985 to remove the pint as a measurement, but it does not prevent the powers in the Bill being used more generally to make that change. While the Government are clear that there will be no change to the measurement of a pint, to truly protect it, the Government believe that a more expansive view should be taken, as in the amendment from the noble Lord, Lord Fox.

On the difference in terminology, with the noble Lord, Lord Sharpe, referring to sale and marketing but the noble Lord, Lord Fox, mentioning marketing alone, the Government’s view is that Amendment 38 would in practice have a narrow application and therefore be less helpful in achieving the very aim of the noble Lord by safeguarding the pint.

The noble Lord, Lord Sharpe, is right that his amendment is consistent with the language used in the Weights and Measures Act 1985. However, the Bill makes a number of changes to that legislation, which I will come to shortly, and uses the term “marketing” throughout. It is a defined term that means making available on the market, which is more expansive than sale or trade, and may include, for example, making available without charge.

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Moved by

[Lord Fox]

38A: Clause 5, page 6, line 8, at end insert—
“(3A) The Secretary of State may not make regulations under this section to prevent or restrict the use of the pint in the marketing of—(a) draught beer or cider, or(b) milk in returnable containers.”Member's explanatory statement
This amendment would clarify that regulations under Clause 5 could not prevent or restrict the use of the pint in the marketing of draught beer or cider or milk in returnable containers.

[Lord Fox (LD)]

My Lords, as noted, I have already spoken to this amendment. I thank the Minister for indicating that the Government will support it and Amendment 38B. It is on the latter that I shall say a few words. If Amendment 38A is there to reassure, Amendment 38B is there to define. There have been a number of statutory instruments that define the units we use. For the avoidance of doubt, Amendment 38B defines the volume of a pint in primary law as 0.56826125 cubic decimetres. For those of your Lordships querying the definition of a decimetre, I recommend the statutory instrument brought to your Lordships’ House during Covid in 2020. I believe that the then Minister, the noble Lord, Lord Callanan, and I were among the only Peers physically in Parliament when he brought to Grand Committee his amendment to the Weights and Measures Act 1985. That enshrined an accurate definition of both the metre and the kilogram in law. For metrology fans, it is a debate that I thoroughly recommend. That said, I beg to move Amendment 38A.

[Lord Sharpe of Epsom (Con)]

Obviously, we do not have a huge amount to say at this precise moment, but I point out for the record that manuscript Amendment 38ZA included reference to Part IV of Schedule 1 to the Weights and Measures Act 1985, which also specifies 0.56826125 cubic decimetres. Once again, I commend the noble Lord, Lord Fox, on his masterclass in semantics. Had he accepted mine, this amendment would have been entirely unnecessary. With that, I have nothing left to say.

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Moved by

[Lord Fox]

38B: Clause 5, page 6, line 10, at end insert—
“a“pint” is equal to 0.56826125 cubic decimetres;”Member's explanatory statement
This amendment would provide a definition of a pint.