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

Lord Hope of Craighead Excerpts

Wednesday 20th May 2020 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I am extremely grateful to the Minister for his introduction to this measure and for the clear way in which he set out the background to what we are being asked to consider. I was attracted to this measure simply because, as a lawyer, I appreciate that weights and measures are part of our law and fundamental to a great deal of what goes on in trade and in the scientific community.

However, when I began to look at the measure and its definitions, it seems that we find ourselves in an extraordinary position. The measure sits rather uneasily with the first rule of law, which is that the law should be accessible, clear and predictable, particularly where, as we find in this case, a criminal sanction is attached to a breach of the rules that the law lays down. One has to have regard to the context set by the Act itself: the Act lays down what the units of length and mass are to be for any measurement of length and mass that is to be made in this country: the yard or metre, the pound or the kilogram, as the case may be. We are given formulae that define exactly—the word “exactly” is used—how to measure a yard by reference to a metre, and a pound by reference to a kilogram.

When we look at the schedule, we see that, among other things, “METRE” and “KILOGRAM” are set out in capital letters, to highlight their prominence in the whole system, whereas everything else is in lower case. The whole process is policed, if one can put it like that, by Section 8 of the Act, which provides that no person shall use for trade any measurement which is not included in the schedule. Section 8(4) provides that a person who contravenes that provision shall be guilty of an offence which is punishable by a fine on summary conviction of up to £1,000. The word “exactly” is crucial to the whole process.

The interesting thing is that the existing definition of “metre” is sufficiently clear for the Oxford English Dictionary to publish it in full, whereas it would be very difficult to do that with what we have now. We now have a greatly expanded definition and my concern is that, if a lay man were to look at these things, he would find it frankly very difficult to understand. The definitions as they will now stand cannot by any stretch of the imagination be described as accessible or clear to members of the public. Of course, I understand the value of this for other reasons, but that is my principal concern.

Therefore, can the Minister explain in simple language how a tradesman who is trying to remain within the law should interpret these new definitions? If that is not possible, why should we adopt these since we are no longer in the EU?