Radio Equipment (Amendment) (Northern Ireland) Regulations 2025

Lord Leong Excerpts

Thursday 20th November 2025 Lords Chamber

Moved by

[Lord Leong]

That the draft Regulations laid before the House on 13 October be approved.

Relevant document: 39th Report from the Secondary Legislation Scrutiny Committee

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I note the regret amendment tabled by the noble Baroness, Lady Hoey, and will respond to the points raised. However, I will first outline the context of this instrument, which was laid before the House on 13 October 2025. This instrument relates to radio equipment, which encompasses a broad range of products, including smartphones, laptops, fitness tracking devices and other connected or small devices. Under the Windsor Framework, the Radio Equipment Directive 2014/53/EU continues to apply in Northern Ireland, ensuring dual access to both the UK internal market and the EU single market. In 2021, the European Commission adopted Delegated Regulation (EU) 2022/30, which supplements the Radio Equipment Directive and introduces additional essential requirements for certain categories of radio equipment.

The additional essential requirements applied to internet-connected radio equipment, including consumer connectable electronics and smart devices. Such equipment must be constructed in a way that protects networks, safeguards users’ personal data and privacy, and prevents fraud. Furthermore, radio equipment, whether internet-connected or not, that is covered by the EU toys directive and is intended for childcare or is wearable on the body must also be constructed so that it protects user data and privacy.

--- Later in debate ---

[The Earl of Effingham (Con)]

My Lords, this instrument, as the Minister has outlined, amends the Radio Equipment Regulations 2017 to ensure that additional essential requirements covering cyber security, data protection and fraud prevention apply to certain categories of radio equipment marketed in Northern Ireland. The objectives of these requirements are sensible. In an era of ultra-connected devices such as smartphones, watches, fitness trackers and more, the need to protect personal data, prevent fraud and safeguard network integrity is clearly paramount. Consumers rightly expect that the technology that, in many cases, they entirely rely on does not expose them to unnecessary risk. However, this instrument raises broader constitutional and practical questions, as has been pointed out by many noble Lords.

First, it is another example of legislation applying in Northern Ireland that originates, unfortunately, not from the Palace of Westminster, not from the Northern Ireland Assembly, but from Brussels. Whatever view noble Lords might have of the Windsor Framework, it is undeniable that these rules are imposed under obligations that leave little room for domestic discretion. That is the reality, which is a concern for many, including in your Lordships’ House.

Secondly, while the Department for Business and Trade assures us that the impact on businesses will be minimal, given that many firms already comply in order to access EU markets, we must be allowed to scrutinise that claim. For smaller manufacturers and distributors, particularly those focused on the UK market, compliance costs and administrative burdens may not be negligible. As was so well put by the noble Baroness, Lady Hoey, my noble friend Lord Dobbs and the noble Lord, Lord Morrow, have the Government undertaken a full assessment of the cost to SMEs? What support will be available to businesses in Northern Ireland to navigate these requirements?

While we do not oppose measures that enhance consumer protection and cybersecurity, His Majesty’s loyal Opposition regret that this instrument exemplifies the democratic deficit inherent in the current arrangements. We urge the Government to provide greater transparency on the cumulative impact of these regulations and to ensure, above all, that Northern Ireland businesses are not disadvantaged and can remain competitive, thrive and flourish.

[Lord Leong (Lab)]

My Lords, I thank all noble Lords for the warm welcome to this statutory instrument. In fact, when I was asked to take this SI, I thought it would be happening in Grand Committee and we would probably look at it for half an hour and then complete it, but obviously we have wider issues to consider today. I am grateful for the support given from across the House to these regulations. I thank all noble Lords for their consideration of this instrument and all their excellent questions and contributions. I will respond to as many of the questions posed as possible and, if I run out of time, I will obviously write to noble Lords accordingly.

I shall first address the issue of the Windsor Framework. Look, is the Windsor Framework perfect? Of course it is not; nothing is perfect, other than being in a single market and customs union—we are not there and that boat has sailed—but it is definitely better than the Northern Ireland protocol. What is important here is that the Windsor Framework has delivered substantial improvements to the operation of the Northern Ireland protocol. It has removed routine checks for the overwhelming majority of goods moving from Great Britain to Northern Ireland, ensured that supermarket shelves are stocked normally, secured long-term continuity of medicine supplies and restored the free flow of parcels for households and businesses.

At the same time, the Government have always been clear that the Windsor Framework is not the end of the journey but a significant step forward. There remain areas where further work with the EU is required, particularly around the practical implementation of the red and green lane arrangements and certain aspects of agrifood certification. We continue to engage constructively through the Joint Committee to reduce burdens where possible, provide clarity to businesses and ensure that the framework operates in a way that fully supports Northern Ireland’s place in the UK’s internal market.

On the point made by the noble Baroness, Lady Hoey, about consultation and engagement for business, my officials regularly and continuously engage and consult with businesses, and they have found that many businesses are already coming into compliance. They have also issued guidance to support industry. These engagements include UK retail and trade associations representing, for example, the manufacturers of small and large domestic appliances. They reported that there were no particular problems from this instrument relating to its impending GB-to-NI trade that they were aware of from discussions with their member companies. They also welcome the Government’s guidance and confirmation that products can continue to be placed on the GB market as long as they comply with the requirements of the PSTI Act, where relevant.

In addition, the Government share the EU’s desire to ensure that manufacturers are considering measures to improve the cybersecurity of relevant devices. We are also looking at further options for securing digital devices, as evidenced by our recent call for views on enterprise-connected devices, and will take into account arrangements in Northern Ireland, including impacts on SMEs.

The noble Baroness, Lady Hoey, mentioned dual access, and said it was a myth and that companies were not investing. I disagree. Just last month, the parcel delivery company Evri announced the opening of a new £1.3 million EU gateway depot in Mallusk, creating something like 650 jobs, which Evri itself said would enable it to avail itself of dual market access.

The noble Lord, Lord Dodds, asked about new cars, a subject that I think was in today’s papers. The Government are engaging closely with manufacturers to better understand what is needed to sell vehicles on the market in Northern Ireland, and we expect to make a further announcement on the next steps.

The noble Lord also asked whether this would create divergence between Northern Ireland and the rest of the UK. We consider that the additional legislative requirements that this SI puts in place in Northern Ireland will have limited impact in practice. My officials have engaged in discussions with a range of industry stakeholders, such as the AMDEA, which is the UK trade association for domestic appliances, the British Retail Consortium and government departments. These discussions have not identified any significant impacts or concerns for this instrument. Many businesses across the UK have already adapted to the new requirements. We therefore do not anticipate significant impacts on the supply of products from Great Britain to Northern Ireland.

--- Later in debate ---

[Baroness Ritchie of Downpatrick (Lab)]

I exhort my noble friend the Minister to implore his colleagues to provide speedy, expeditious responses to those reports, because they are vital in addressing the operational issues and challenges of the Windsor Framework.

[Lord Leong (Lab)]

I thank my noble friend for that. I am sure that, as a former Minister, she will know that we will try our best to get that done swiftly. Further to her question on the EU’s carbon border adjustment mechanism, CBAM, we have always been clear that we will apply the UK’s CBAM across the UK, including in Northern Ireland, and that the EU’s CBAM does not apply to Northern Ireland. The Northern Ireland Scrutiny Committee yesterday wrote to the Government on this issue and we will respond in the usual way.

My noble friend Lady Ritchie and the noble Baroness, Lady Hoey, also asked about veterinary measures. The vast majority of veterinary medicine will remain available in Northern Ireland from 1 January. The Government continue to engage extensively with industry and have announced two new schemes to support supply to Northern Ireland.

I come now to the question posed by the noble Earl, Lord Effingham, on impact assessments. An impact assessment has not been prepared for this instrument, as measures resulting from the European Union (Withdrawal) Act 2018 are out of scope for assessment. However, my officials have engaged in discussions with a range of industry stakeholders and government departments on Commission delegated regulation (EU) 2022/30 and have not identified any significant impacts or concerns for this instrument. We therefore expect limited impacts, if any, on the supply of goods from Great Britain to Northern Ireland.

As I have set out, this instrument ensures effective implementation in Northern Ireland of Commission delegated regulation (EU) 2022/30, which applies additional essential requirements for manufacturers of certain radio equipment and enables them to be enforced. As a former businessperson, I am constantly encouraging my colleagues at the Department for Business and Trade to engage regularly with micro and small businesses. The Government are committed to engaging and supporting all businesses, not only in Great Britain but across Northern Ireland.

Many businesses have already prepared to comply with these new essential requirements, which came into force on 1 August this year, in order to continue to supply the EU. My officials have not identified significant impacts on this instrument in discussions with industry stakeholders, including trade associations. This is because many businesses have already adapted to these new requirements. We therefore expect the impact on the flow of goods from Great Britain to Northern Ireland to be very limited.

This instrument ensures our compliance with international law in relation to Northern Ireland’s continuing dual access. I am therefore pleased to commend this statutory instrument to the House.

[Baroness Hoey (Non-Afl)]

My Lords, I thank the Minister for that response to this rather wide-ranging debate. We tend to have them on statutory instruments, because there seems to be no other way of raising and having debates in this place on the overall issue of the Windsor Framework and how it is affecting Northern Ireland. The Northern Ireland officials in the Northern Ireland Office must have it very easy because, with all these SIs, they simply exchange the word “radio” for “motor car” or “dental” and then produce the rest of the speech more or less the same—we hear more or less the same response every time. I appreciate that the Minister is carrying out his party policy.

I was very disappointed, as I said, that there was no one here from the Liberal Democrats, because normally what they say is, of course, that it is all about Brexit: “If we hadn’t had Brexit, you wouldn’t have a Windsor Framework protocol”. But I am sure that Liberal Democrat noble Lords will be pleased that the noble Baroness, Lady Ritchie, seems to have taken up that mantle. Indeed, the Minister himself said that the best thing would be to rejoin the customs union and the single market. Has the Labour Party policy changed, or was that just a throwaway line?

Clearly, there was absolutely no need to have the Windsor Framework protocol because the people of the United Kingdom voted to leave the European Union; they did not have on their ballot paper, “Northern Ireland to be left under 300 areas of law”—absolutely outrageous. The Minister did not raise—and none of the Ministers who respond ever raise—that kind of constitutional issue. It is all about the EU saying that we must comply.

There was much agreement between the rest of the noble Lords who spoke about the Government dressing everything up as, “Oh, but you’ve got dual access”. Dual access is a joke. It has not produced a single job; that has been confirmed by Invest Northern Ireland. We might have dual access, but the raw materials and so on need to come in from Great Britain and through an international customs border.

This particular SI will affect small businesses. We have had no real response to what might be given in mitigation to help them and no response to a number of the other questions. But I would say one positive thing: I welcome the more critical response of the noble Earl, Lord Effingham, to the SI. Perhaps that is just a bit of movement within the opposition party towards accepting that what was signed up to in the Windsor Framework protocol is not in the interests of the United Kingdom as a whole, never mind the people of Northern Ireland. What we have ended up with is the Minister basically saying, “We didn’t write this law and we can’t change it, so you’re just going to have to put up with it”. Noble Lords will be relieved to know that I withdraw the amendment.