Product Regulation and Metrology Bill [HL]

Lord Liddle Excerpts

Committee stage
Wednesday 11th December 2024 Grand Committee

Moved by

[Lord Liddle]

134: The Schedule, page 12, line 19, at end insert—
“7A Products and equipment for use in civil aviation.”Member's explanatory statement
This amendment is intended to probe the Government’s position regarding the use of the powers in the Bill to regulate products used in civil aviation.

[Lord Liddle (Lab)]

My Lords, it is not my intention to delay the conclusion of this very exhaustive and thorough Committee for very long. I will only take a minute. Some noble Lords will be aware that before the election I covered transport from the Opposition Front Bench. One of the issues that has come up is how the regulation here proposed by the Department for Business and Trade relates to the existing regulatory framework for aircraft, which comes under the Department for Transport.

I am sure that this matter can be sorted out without too much problem through extensive departmental conversations. We are glad that aircraft, which are regulated very strictly and with heavy international content—it is basically an international issue—are excluded by the Schedule. However, it is possible there may be some confusion created unless the definition of aircraft is more broadly defined.

My proposal, which is purely a test—I am not saying that it is perfect by any means—is that the Government take a look at the question of products and equipment for use in civil aviation, which is broader than aircraft themselves, think about this and come back on Report with a view. With that, I move my amendment.

[Lord Leong (Lab)]

My Lords, I thank my noble friend Lord Liddle for his amendment in this final group in the Committee on this Bill. He raises a very interesting point. I will start by briefly explaining the operation of the Schedule of the Bill. Noble Lords will appreciate that the Bill’s definitions have been drafted to capture the range of products covered by existing regulations. This means that the Bill needs to cover products as diverse as toys, cosmetics, fireworks, lifts and pieces of heavy engineering. The Bill therefore defines a product as

“a tangible item that results from a method of production”.

To place some limitation on this scope, the Schedule lists some exclusions. These refer to certain products that do not require coverage by this Bill because, for example, they are regulated by separate legislation. The Schedule includes an exclusion for aircraft. The noble Lord’s amendment would widen this exclusion to include all products and equipment intended for use in civil aviation.

As my noble friend has said, product regulation is not always as clear-cut as that. Many sectors have products feeding into them that span other sectors. Aviation is an important and complicated field when it comes to safety. It is right that there is an extensive suite of existing legislation, overseen by the Department for Transport, that covers that. It is not the Government’s intention to create any confusing parallel structure of regulation.

However, we need to ensure that, by excluding a wider range of products that can be used in aviation, we do not accidentally exclude dual-use products that might also need to be captured by this Bill. It cannot be the case that a manufacturer or other supplier can evade regulation on the grounds that, as well as supplying consumers, they also supply the aviation industry. My noble friend has raised an important and nuanced issue. Aviation safety is a serious matter. The Government will definitely reflect on this matter, and I am happy to have discussions with my noble friend before Report.

As this is the last group in our consideration of the Bill in Committee, I would like to express my thanks to all noble Lords for their thoughtful and constructive contribution during this stage of the scrutiny of the Bill. I would also like to thank my officials and all the staff here in the House, including the clerks, Hansard and the doorkeepers, for ensuring that the Committee has run as seamlessly as possible.

As I have said many times during today’s debate, the Government have valued the debates we have had, and the issues raised by all noble Lords. We have heard, clearly and loudly, the mood of the Committee on a number of areas. I can assure noble Lords that the Government will carefully reflect on all concerns. I give an undertaking that I will come back to noble Lords on these issues.

I look forward to continuing my constructive conversations with noble Lords as we approach Report to ensure that this important Bill is suitable to deliver the policy objectives that many in the debates have outlined their support of. With that said—and to ensure that noble Lords are not totally surprised—I would like to end on a familiar note and ask that Amendment 134 be withdrawn.

[Lord Liddle (Lab)]

My Lords, I am happy for Amendment 134 to be withdrawn. I am very grateful for the assurances the Minister has given me that this will be a matter subject to further consideration.

Amendment 134 withdrawn.