Lithium-ion Battery Safety Bill [HL]

Lord Winston Excerpts

2nd reading
Friday 6th September 2024 Lords Chamber

[Lord Winston (Lab)]

My Lords, in principle I completely support the Bill. We must, however, look at the detail more closely. For example, we have to recognise that there are large numbers of different chemistries used to make batteries—the lithium battery is only one such. I was interested to see how we label them so I went outside for a magnifying glass to look at my hearing aid batteries, to see what the chemistry was. It turns out that the label does not tell me. It tells me that they may catch fire if I throw them on to a fire. On the other hand, these might be silver zinc batteries, in which case they are completely safe and unlikely to overheat or cause fires spontaneously.

The problem with lithium is that it is the lightest metal, one of the lightest elements, and is highly volatile. It burns very easily and there is pure lithium in batteries. What happens, as the noble Lord has mentioned, is a kind of chain reaction—the thermal continuation that feeds itself. All batteries will produce heat as part of the energy that they produce, and so produce the seeds of their own eventual destruction if they get overheated.

Clearly, therefore, labelling must be considered very carefully in the Bill. How you keep your batteries might be important. There is no question, for example, that charging a bike with a lithium battery overnight without supervision might be more serious than one realises, but it might be completely safe with many other different technologies and chemistries. One of the issues, therefore, is that the chemistry has to be labelled.

I do not want to add difficulty. Every time we table an amendment to a Bill we make it more difficult to pass, and I do not want to see that happen—this is a good idea and it is important. However, we must recognise, as the noble Lord, Lord Howell, said, that there might be technologies that change things. In the lithium battery you have lithium cobalt on one side, for example—incidentally, the cobalt is there for concatenation, which is interesting given the previous debate—and on the other side at the anode you have carbon, or graphite. The ions pass across and when they reach the anode they oxidise and you get power—and that is a rechargeable battery. There is of course a separator in the middle to prevent that, although at the moment these separators are permeable, not solid, and perhaps, with better technology, one solution would be that if the separator responds to heat and becomes completely solid the battery could not continue in that sort of way. Those sorts of technologies might make a difference. We should not condemn these batteries out of hand whatever happens, because that is something that we might feel important.

There is clearly more need for education about the subject. I will not go on at great length but I want to suggest a few points. I do not know whether my hearing aids have lithium in them; they might be lithium-air, but they have not so far caused my ears to burn while I am sitting by the fire—that happens only when people talk about me.

We have not dealt with something important in the Bill. Lithium is a rare resource. It is difficult to mine and there are not many places in the world where you can mine it. There are many of these technologies, such as silver, and zinc too to some extent—all of these things are precious and we cannot renew them. The noble Lord pointed out in his speech—nobody else has properly pointed it out—that when you come to recycling it is difficult to separate the elements. The problem is that if you take, for example, a hearing aid—it is tiny and one could ask whether worth recycling, but a deaf person using a hearing aid for five years will build up quite a lot of batteries—there are no instructions as to whether we should preserve that material and find some ways of better recycling it. There is more to be done to separate the various metals, and there are large numbers of different metals in batteries that we need to consider. The chemistry needs to be thought about in the future.

I do not think it is part of the Bill, but the labelling is relevant in terms of public consciousness. Above all, we must recognise that if we continue to overuse the world’s resources, such as lithium, we will run out of what could be a valuable element in other ways. That is one of the important points in this issue.

[Lord Foster of Bath (LD)]

I just want to draw attention to the very point that the noble Lord has made about the waste of these materials. If we look at the disposal just of disposable vapes in this country alone, it is estimated that that is the equivalent of throwing away 10 tonnes of lithium each year.

[Lord Winston (Lab)]

I am grateful to the noble Lord. That would make a fantastic bonfire, would it not? You would not want to pour water on it.

Some batteries do not have that kind of technology. Silver zinc is an aquatic substrate in the battery, so will not get very hot—at least it cannot burn at the sort of temperature of 700 degrees Celsius.

Finally, some years ago I tried to introduce a Private Member’s Bill about the labelling of drugs. I wanted particular labelling—which I will not go into as it is not relevant to the Bill—as I felt that it was missing. The Government at the time were well disposed towards the Bill, and we went through Committee without any problem. However, the noble Lord, Lord Pannick, took me to one side and pointed out that this might affect EU legislation. At the time of my Bill labelling any product would be subject to EU regulation, and it was clear that we would not get it through the EU. We are now, of course, free of that—I am not a Brexiteer by any means, by the way—but there is still a problem about labelling. We must ask ourselves how we can get a decent label on a small package and what we put on it, with some kind of legal advice—maybe even commercial advice—to make certain that we can sell our batteries in the EU. We are trying to expand the industry in this country, with gigafactories and so on. We need to think about it very carefully, as clearly it would be valuable, having made safe batteries, to be able to sell them globally. I commend the noble Lord and support the idea of taking this to Committee.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

I do not know the answer to that specifically. My instinct is that there needs to be a policy of “safety first” on issues such as the London Underground, but we may well get those standards to a high enough level. I was very interested to hear what the noble Baroness, Lady Brinton, said about passports for batteries. There may be schemes like that that we could adopt. I do not know the answer, but it is a very good point that I think we can pursue outside this Chamber.

I am grateful to my noble friend Lord Winston for delivering an interesting lesson on the science and chemistry behind these products: I know that we all learned from it. I reassure him that the Product Regulation and Metrology Bill will allow for changes to labelling to ensure that proper details are updated and safety information on products is made clear.

[Lord Winston (Lab)]

I thank my noble friend for that helpful point. Does that mean that there is a possibility that the chemistry might be labelled? If we could actually teach people a bit more about the chemistry, it would do no harm. Also, of course, we are dealing with products that are going to become scarcer and scarcer and which will be thrown away, or not recycled. There is a public lesson that is rather more important than the average labelling that we see on many foodstuffs, for example.

[Baroness Jones of Whitchurch (Lab)]

In fact, I am going to come on to the point about the availability of lithium, so bear with me for a second. I reassure the noble Lord that we are taking greater education very seriously, and we will be running more consumer campaigns. The composition of the products might be included in that. I recognise, however, that more can be done.

A number of noble Lords, including my noble friend Lord Winston, made a point about the new technology implications of this. I assure them that the Product Regulation and Metrology Bill will allow us to regulate for developments of innovation and technology in UK energy going forward, because there are new issues that a number of noble Lords have raised. It will enable powers to change the regulations, to future-proof full technological advancements.

To noble Lords, including the noble Lords, Lord Holmes and Lord Howell, and my noble friend Lord Winston, I say that at the moment lithium-ion batteries are the most efficient way of powering vehicles; we should not lose sight of that. We will, however, continue to keep the mining of critical minerals and their use in our green technology under review. We have to do that because, as my noble friend quite rightly said, if we do not, we are in danger of scarcity on these issues. We have to keep moving forward. There is not an endless supply of these minerals, so we have to make sure that those in circulation are protected and properly recycled.

My noble friend Lord Berkeley made a point about battery safety being a wider issue and gave some very vivid examples of why that was the case. I assure him that we continue to liaise with the Department for Transport on these issues. Similarly the noble Baroness, Lady Brinton, raised an important point about wheelchair travel. She mentioned the issue of wheelchair passports, which was an interesting conversation. I assure her that we will continue to liaise with departmental Ministers across the board, including the Disability Ministers, because we need to get this issue sorted.

I have spoken a lot about product safety, but I am aware that the noble Lord’s Bill goes further in scope, so I will now turn to battery energy storage systems, which are also covered by the Bill. The flexibility offered by grid-scale lithium-ion batteries will play a vital role in the decarbonisation of the grid, enabling Britain to balance the system at lower cost while maximising the efficiency of intermittent low-carbon generators such as wind and solar—a point the noble Earl, Lord Erroll, quite rightly made.

The Government agree with the intent of having robust measures in place to manage the risks associated with facilities that involve the use of large numbers of lithium-ion batteries. In terms of the proposals in this Bill, powers already exist under the Pollution Prevention and Control Act 1999 to bring new sectors and pollution sources in scope of the Environmental Permitting Regulations (England and Wales) 2016. Similarly, the Government do not believe currently that there is a need for additional statutory consultees on planning applications for standalone battery energy storage systems. However, my officials continue to work closely with the industry-led electricity storage health and safety governance group to ensure that a robust health and safety standards framework is maintained.

A number of noble Lords talked about disposal. The Government are deeply saddened at the recent increase in the number of fires at waste treatment facilities caused by batteries. We are committed to cracking down on waste as we move towards a circular economy where we keep our resources in use for longer and reduce waste. The existing producer responsibility scheme for batteries and waste electricals makes producers responsible for the cost of end-of-life treatment.

Under the existing legislation, it is already mandatory for all batteries placed on the market in the UK to be clearly marked with the crossed-out wheeled bin symbol. This symbol indicates that batteries should not be disposed of by throwing them in the bin. This symbol is also mandatory on electrical products containing batteries. Existing legislation also requires those selling batteries to provide a means to take back waste batteries —for example, the waste battery collection bins at supermarkets, which many noble Lords will be familiar with. Similarly, sellers of disposable vapes, which were mentioned earlier, are now required to provide take-back of waste vapes. Producers of industrial batteries, including e-bike and e-scooter batteries, must take back waste batteries free of charge on request. This means that a shop selling e-bikes, such as Halfords, must take back a waste e-bike battery if asked to do so by the owner of that battery.

There are also existing public awareness campaigns such as the HypnoCat Recycle Your Electricals campaign, funded by industry to educate the public on safe battery disposal. Ministers are reviewing proposals to consult on reforms to UK battery regulations before setting out the next steps. However, I agree with noble Lords that we need to find more imaginative ways to help consumers dispose of batteries more conveniently and in greater numbers than is currently the case.

In summary, I thank the noble Lord, Lord Redesdale, for the debate that this Bill has enabled. As I have laid out, my department is already working across government to identify the key aspects of lithium-ion battery safety and has taken action where needed. The Product Regulation and Metrology Bill, which will soon be debated by your Lordships’ House, will enable us, where necessary, to make regulatory change to keep our product safety framework up to date. We are seeking to address this complex issue while ensuring that we have the evidence to help prevent further injury and loss of life. We will continue to engage with all noble Lords on these critical issues as we develop our regulatory approach.

I can of course assure the noble Lord, Lord Redesdale, that we will continue to consult with him about his Bill, which will happen at a ministerial and official level, as necessary. I hope that the noble Lord has heard my request for him to consider withdrawing this Bill and I look forward to his response.