Product Regulation and Metrology Bill [HL]

Lord Hope of Craighead Excerpts

Committee stage
Wednesday 27th November 2024 Grand Committee

Moved by

[Lord Hope of Craighead]

47: After Clause 2, insert the following new Clause—
“Product regulations: devolved administrations(1) Product regulations may not be made until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence.(2) The Secretary of State may by Regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement.(3) A “common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”Member's explanatory statement
This amendment ensures that devolved administrations are consulted before regulations are made under this Part of the Bill, and that common framework agreements receive the same protection to enable them to receive effect as they have under section 10 of the UK Internal Market Act 2020.

[Lord Hope of Craighead (CB)]

My Lords, I am very grateful to the noble Lord, Lord Fox, and the noble and learned Lord, Lord Thomas of Cwmgiedd, for adding their names to this amendment in my name.

The amendment seeks to insert a new clause into the Bill with two objectives. The first is to ensure that the devolved Administrations are consulted before any regulations are made under this part of the Bill

“as to their impact and effect on the marketing and use of products in the areas … over which they have legislative competence”.

The second is to preserve agreements made under the common frameworks from being nullified by these regulations.

The first part requires very little introduction. The Bill extends to England, Wales, Scotland and Northern Ireland, and consumer safety standards, which is what the Bill is all about, are devolved matters in relation to Wales, Scotland and Northern Ireland. That has been acknowledged by the Government as is noted in paragraph 10 of the Explanatory Notes. Legislative consent is being sought, as one would expect, and indeed is still being sought, for the provisions that engage the legislative consent process.

That may be difficult to achieve because, while the Bill makes provision about what is to happen in each of the jurisdictions within the United Kingdom, it does not contain any provisions that require the consent of, or at least consultation with, the devolved Administrations before the wide-ranging powers to make regulations under Clauses 1 and 4 are exercised.

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[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.

[Lord Hope of Craighead (CB)]

My Lords, I am grateful to the Minister for his response to my amendments and for his assurances on the way forward that he sees on these matters.

I would like to make two points. First, I appreciate entirely that consulting on every single regulation would be a very time-consuming process, and I have seen the extent of to-and-fro engagement that goes on behind the scenes with good will between civil servants on both sides of the border. It is obviously a matter that deserves reflection and I absolutely understand why the Minister would like to take more time to look closely at it.

Secondly, as far as common frameworks are concerned, it always struck me in dealing with this subject that it is a great misfortune that the language chosen to identify them was not as readily identifiable as “internal market”. When you talk about the internal market everybody knows at once what it means but when you talk about common frameworks nobody knows what it means.

The Minister has obviously done some homework and has reassured me he understands the point, but the particular point about common frameworks is that it is a living process. It is perfectly true that there is a list of the frameworks—some 32 of them—but the prospect of having new ones is there all the time. One of the examples is that, in Wales, they are considering diverging from elsewhere on single-use plastics. I may be wrong but our products are developing all the time and each part of the UK might have an idea that it suits them to have a particular regime that they would like to discuss and introduce.

I ask the Minister to bear in mind that it is a living process and we have to make provision for the future. That is what my amendment seeks to do. I chose the words that were indeed the Government’s words in the internal market Act, so it is a system that they were prepared to accept. I am quite prepared to discuss this with the Minister further if he would like to and welcome his promise of future engagement before Report.

[Lord Hunt of Kings Heath (Lab)]

My Lords, of course, I very much welcome that. It is worth just referring to Section 10 of the 2020 Act, which defines a “common framework agreement” as

“a consensus between a Minister of the Crown and one or more devolved administrations”.

I take the noble and learned Lord’s point that “common framework agreement” does not readily come off the tongue but the wording very much sets the tone of the relationship that we want to see developed.

[Lord Hope of Craighead (CB)]

The Minister is right. Consensus lies at the heart of the common framework system. There will not be agreement across the various Administrations without consensus but, where consensus exists, it is a signal that they should be protected against any misfortune on legislation that is across the entire United Kingdom.

Having said all that and with gratitude to the Minister for what he said, I beg leave to withdraw the amendment.

Amendment 47 withdrawn.