Lithium-ion Battery Safety Bill [HL]

Lord Redesdale Excerpts

2nd reading
Friday 6th September 2024 Lords Chamber

Moved by

[Lord Redesdale]

That the Bill be now read a second time.

[Lord Redesdale (LD)]

My Lords, House of Lords Private Members’ Bills are rarely successful in reaching the statute book. I should know—I have introduced quite a few over the years. Their purpose is often to raise the issues in the Bill and encourage the Government to bring forward their own legislation. In that regard, the lithium-ion safety Bill has been incredibly successful: we have only got to Second Reading and already the Government have responded by publishing the Product Regulation and Metrology Bill.

Of course, as the Minister will say, that Bill will cover many of the areas in my Private Member’s Bill. In the light of that, I will therefore look to amend the Bill in Committee. However, while going through the clauses, there are a number of areas where I would like to question the Minister concerning the scope of the Product Regulation and Metrology Bill. I start by welcoming the Minister to her new role and thanking her for arranging a briefing from the Bill team, which was incredibly helpful and constructive.

The basis of this Bill is about protecting the public. Lithium-ion batteries are a vital part of the UK’s transition to a greener, lower-carbon future. Indeed, the acceptance of these batteries as an integral part of our lives ranges from laptops through to the electric bike I have parked outside the building today; it is, of course, an issue that we are not allowed to bring electric bikes into the building because of the potential fire risk.

The way we treat lithium-ion batteries shows how safe people feel about them. Although the vast majority of batteries are safe, there are two areas that need to be focused on: the fires that can be caused by poor-quality batteries and chargers; and the problems associated with disposal. Electrical Safety First, a prime mover in drafting this Bill, has calculated that, on average, an e-bike fire or e-scooter fire occurs once every two days in London—a worrying trend that is happening across the country. Since 2020, lithium-ion battery fires linked to the charging of e-bikes and e-scooters have been linked to 13 deaths in the UK, with many other people seriously injured or hospitalised—including, of course, members of the fire service—and significant damage caused to property.

Lithium-ion battery fires are caused by thermal runaway. The reaction in the cells of the lithium-ion battery produces an exothermic reaction that cascades through all the cells of the battery; this causes a prolonged release of energy and results in fires with temperatures exceeding 600 degrees Celsius. The batteries release toxic gases such as hydrofluoric acid, which corrodes the lungs. Once they have started, lithium-ion battery fires are almost impossible to extinguish with traditional firefighting methods as the battery creates its own oxygen.

Although the risk of fire is low, the ways in which people charge their e-bikes and e-scooters mean that these fires can be particularly dangerous. Many devices are charged in halls or stairwells—and often overnight, which is one of the reasons for the number of deaths associated with fires at home.

[Lord Howell of Guildford (Con)]

Forgive me for interrupting the noble Lord’s extremely interesting and important speech so early. Can I just ask at the outset whether this legislation proposal addresses the future? We know that a great tide of new technologies is going to replace lithium-ion. I have a list in front of me now: sodium-based batteries, graphene batteries and manganese oxide batteries. Most of them are being pushed by the Chinese. Does the noble Lord’s legislation look forward to this new scene and in any way address the obvious problems that are going to come with this new generation of different technologies for batteries?

[Lord Redesdale (LD)]

The simple answer is no, I am afraid. Obviously, there will be a new generation of sodium batteries with their own problems, but they will, I hope, be extremely safe when brought to market.

There is a growing awareness of the fire risk from faulty batteries or defective chargers. However, less well known is the area of disposal. Many batteries end up in the waste stream without being segregated. Batteries are presenting acute challenges for operators in the metal recycling industry. The British Metals Recycling Association has estimated that each year more than 200 fires at metal recycling plants are caused by lithium-ion batteries, with damaging environmental impacts including harmful emissions being released into the atmosphere and contamination of firefighting waters. The insurance company Zurich has seen claims for lithium-ion fires increase significantly over the past few years, and research from Recycle Your Electricals shows that battery fires in bin lorries and at waste sites in the UK have reached an all-time high of more than 1,200 in 2024—an increase of 71% from 700 in 2022.

A consultation by the Government on battery disposal is planned. That is timely, but we should recognise that the rate of recycling is low; I suggest that the figures on recycling mask that because fewer batteries are actually recycled than are reflected in the figures. When I met it, the British and Irish Portable Battery Association set out some of the problems associated with recycling. One area worth considering is working on solutions to regulations to allow batteries to be collected, perhaps by delivery companies or supermarket delivery drivers. This could be a safe way of recycling the millions of used batteries that are in people’s drawers around the country without people dumping them in the rubbish; I suggest that many noble Lords have a whole box full of unrecycled batteries that they leave in places and always forget to take to the recycling centre.

I was going to give a long speech about disposable vapes, another real issue here. However, due to time, I will leave my noble friend Lord Foster to deal with that and instead move on to the clauses in the Bill. Clause 1 details the purposes of the Bill, including

“to better protect … householders, and … communities from the dangers of lithium-ion batteries”

and

“to increase public confidence in, and acceptance of, Battery Energy Storage Systems”.

Clause 2 would require the fire service, the Environment Agency and the Health and Safety Executive to be statutory consultees on planning for new stand-alone battery energy storage systems. This would allow for a greater understanding of the risk profile and necessary planning to allow any future incidents to be responded to by the relevant services. This clause may be addressed by Defra and the EA in the consultation they are taking forward and the work they are undertaking, but making sure that the fire and emergency services can access these batteries in the unlikely event of a fire is really important—especially if the batteries do not need planning permission because they are retrofitted into sites close to residential areas.

Clause 3 would require the Secretary of State to make regulations requiring the operator of online marketplaces to take reasonable steps to ensure that the products sold on their platforms conform to the relevant safety standards. Currently, substandard and dangerous products relating to and including high-risk lithium-ion batteries, such as universal chargers or ill-made conversion kits, are continually bought and sold across a plethora of online marketplaces, presenting risks to those purchasing and using such products. The health briefing from the Bill team indicates that this clause will be covered in the new Bill coming forward. However, I hope that the Minister can ensure that there is a focus on conversion and charging kits because this is where most of the fires occur.

Clause 4 would introduce third-party certification of all e-bike and e-scooter batteries before they can be placed on the UK market. This is a similar requirement to that for other high-risk products such as heavy machinery and fireworks. Having a dedicated safety standard to monitor and enforce compliance would also aid trading standards and the Office for Product Safety and Standards in their duties. This morning when I took my bike out, I read the back of the charger. It does have a CE mark, which gave me confidence—until I talked to members of the industry, who said, “That might not give you all the confidence that you really need”. I am fortunate that I charge my bike in a bike shed outside, on that basis.

Clause 5 would introduce safety standards for ancillary products associated with these devices, such as a standard for conversion kits and chargers. This would reduce the risk of improper battery systems powering converted e-bikes and the risk of overcharging the battery, which can lead to thermal runaway.

Clause 6 would introduce regulations for the disposal and safety information supplied with the battery, giving clear information on the disposal requirements and the cell chemistry in the battery. This clause would help to reduce the number of fires at waste disposal sites and in bin lorries and provide information about the chemicals that people may have been exposed to, helping healthcare professionals to administer appropriate treatment.

I look forward to the Minister’s response. In light of the Product Regulation and Metrology Bill, I have feeling that this Bill might not sail through the House and on to the Commons. However, I will be looking to perhaps move forward to Committee, where I would address any concerns, especially those raised by the Delegated Powers and Regulatory Reform Committee. If the Minister can give me assurances at a later stage, I may even withdraw the Bill.

Much of the meat of the new metrology Bill—I keep thinking of it as “meteorology”—will come in secondary legislation. I hope that the Minister will hold consultations with all parties going forward, especially on this issue. To help me decide whether to withdraw the Bill, I hope I can have a meeting with some of her officials and the relevant parties before the next stage.

I thank all noble Lords who are taking part in this debate. I beg to move.

--- Later in debate ---

[Lord Redesdale (LD)]

My Lords, I start with utter shock and surprise that the Minister could ask me to go down that route. It seems to be traditional on every Private Member’s Bill for that to be added at the end of each speech.

The Minister has made a very comprehensive reply and I will obviously take on board her views that I should look at the next stages of this Bill. I thank her for the opportunity to talk to her officials before I make that decision. I know that many of the bodies involved in this will perhaps look at giving their views before I do that.

On the Bill itself, the noble Viscount, Lord Camrose, raised two issues. The first was about the three bodies that will be looking at this, but of course they each have very separate responsibilities. It is a problem across the board, with the EA, health and safety and planning, that some of these issues fall between the cracks. One issue that I was particularly concerned about and is raised in the consultation is retrofit. You can take out a generator and put in a battery and no consultation would have to take place if original planning permission was sought. That will be a real issue, especially, as the noble Earl, Lord Erroll, said, these batteries will be put in places to fit within the building envelope, which sometimes might not fit within the envelope that the fire brigade would wish for.

The noble Viscount also asked why I stuck with only lithium-ion. As was raised by other noble Lords, with a Private Member’s Bill, you can of course do only so much. The purpose of the Bill is to have a first bite of the cherry, looking at how the issues are going to be raised in the forthcoming Bill. I look forward to having a second try in that Bill, but I do not think I will be alone in that. There will be a very long list of people who want to partake in that Bill, and I wish the Minister all the luck with some of the issues that will come forward.

I should say for the industry that while there is a risk from lithium-ion batteries, that risk is obviously not high; otherwise, my noble friend Lady Brinton would not be sitting on two large lithium-ion batteries at this very moment in time.

I thank all noble Lords for taking part. I should mention something raised by the doorkeeper when he asked for my notes, which is that there is a battery disposal point at the entrance to the Commons Terrace, if anybody wishes to make use of it. The Minister raised the problem of disposal, which I might come back to in Committee. There seems to be a massive problem, not from the industry nor from the waste industry but from the public, in making sure that the large amounts of batteries that people happily throw away do not end up in the waste stream.

On that basis, I beg to move.

Bill read a second time and committed to a Committee of the Whole House.