Faulty Electrical Imports

Mark Durkan Excerpts

Tuesday 22nd March 2016 Westminster Hall

[Carolyn Harris (Swansea East) (Lab)]

I beg to move,

That this House has considered the importation of faulty electrical goods.

May I say what an absolute pleasure it is to serve under your chairmanship, Mr Davies? I am very pleased to see you in the Chair today, and you may be aware that I am speaking today as the recently elected chair of the all-party parliamentary group on home electrical safety.

Today we take electricity for granted. Unlike gas, it is everywhere; it is in every room in our homes. Electricity created a United Kingdom that was able to shake off the cobwebs of the first industrial revolution. Today, electricity supports the economy, provides jobs, helps British businesses, and is used for practical and recreational purposes in homes across the country. However, I am not here to give a historical lecture on the value of electricity.

As I say, we take electricity for granted. However, in taking it for granted, we often forget its power and perhaps more importantly its danger. This debate is about how we make electricity and its use through electrical products safer in this country. Often, however, safety is being undermined by cheap, poorly constructed, substandard or blatantly counterfeit electrical goods. All our constituents are at risk from electric shock; from a fire in their home that is caused by one of these products; or even from death.

I will focus today on several issues: the importation of counterfeit and substandard products; their sale, which is often via the internet; the safety of legitimate electrical products; and enforcement of the law.

How do we prevent these faulty items from appearing in the marketplace? How do we help to protect British businesses and consumers? A UK charity, Electrical Safety First, which has been of great support to me in preparing for this debate, campaigns to improve awareness of how to use electricity and electrical products safely, and I sincerely commend its efforts in that regard. It has informed me that across the country around 70 deaths each year are caused by electricity, which is more than one death per week. Sadly, these deaths are usually not reported in the media, unlike deaths from gas. Incidents involving gas cause headlines, even though they kill only around 18 people each year. Electrical Safety First has also informed me that each year about 350,000 people suffer some form of electrical accident in their homes. Of course, many of these accidents will be caused by the misuse of electricity, but many others will happen because people have been sold a product that is either substandard or blatantly counterfeit.

Electricity is being exploited by rogue individuals who sell substandard or counterfeit electrical goods to UK consumers. This trend is being fuelled by the internet and a lack of monitoring of sales: sales from well-known websites; sales from fake websites that are not based in the UK but appear to be; and sales through fulfilment houses, which are based in the UK.

My interest in this subject began following the tragic case of one of my constituents, Linda Merron, who sadly died as a result of a fire in her home in March 2015. The Mid and West Wales Fire and Rescue Service said that the fire was caused by a faulty electrical product—an electrical air freshener that was bought by Linda through eBay. Linda lost her life because of a small imported electrical item from China that had enormous and tragic consequences for her and her family.

Such a tragedy could quite easily happen to any one of us. Many homes throughout the UK will have electrical products in use that are either substandard or counterfeit. When I talk of a substandard product, I am talking about those products that are poorly designed or constructed, that could even have live parts openly accessible and that could cause a fire. When I speak of counterfeit electrical goods, they are not just almost always substandard but actually mimic a major brand’s products. Often they look identical, including having identical packaging, and consumers are frequently unaware that they are dangerous, both to themselves and to UK businesses, which will lose out because of the trade in fake goods.

Of course, there is legislation that should have ensured that that particular item in Linda’s home was safe to use, and all imported items should comply with that legislation. But are the laws working? Have they kept up with the development of the internet? Are they stopping faulty items from being imported through the major internet shopping sites? I do not believe that they are. I say to the Minister that I am no expert when it comes to the legislation and I am sure that he is not either, because it can get rather technical. However, I understand that the Electrical Equipment (Safety) Regulations 1994, which is a mouthful to say, the Plugs and Sockets etc (Safety) Regulations 1994, and the General Product Safety Regulations 2005 exist to ensure the safety of the public and to help to prevent faulty electrical products from circulating in the UK market.

I appreciate the response given to me in July 2015 by the Minister for Small Business, Industry and Enterprise when I tabled a written question on the efficacy of the Plugs and Sockets etc (Safety) Regulations 1994 in regulating online trading of electrical products. I was informed that the Government believe that those regulations continue to act as a practical and robust means of keeping both unsafe electrical products and those that do not have a safe means of connection to standard UK power sockets out of the UK market. But how would Linda Merron and all those individuals who buy items online know that? After finding items that are not appropriate for use in the UK, that are substandard, that cause injury or even tragic deaths, I ask: is the legislation robust enough to prevent tragedies such as the death of Linda Merron?

In fact, it is not just substandard and faulty items that are a concern. Counterfeit electrical goods are now big business. They are sold openly online, often through sites such as Amazon, Marketplace, eBay and Alibaba, a site I recently discovered that sells job lots of items to UK-based buyers, who then sell them on.

Electrical Safety First published its report into the increase of counterfeit electrical goods, “A shocking rip off”, in November last year, just before the main season for buying electricals online—what we now commonly call Black Friday or Cyber Monday. The Minister will know that counterfeit electrical goods present a threat to the consumer, undermine UK business and legitimate manufacturers, and can be very dangerous, posing a risk of causing fire or serious electric shock—even electrocution. I agree with the report’s view that it has never been easier for counterfeit electrical products to enter the UK marketplace.

We need to recognise that the internet is fuelling the growth in the sale of faulty items, with sellers appearing, then disappearing, in quick succession. Also, legitimate sales websites, such as Amazon, Marketplace and eBay, are falling foul of these unscrupulous sellers, as are Facebook and other social media channels. Faulty items are being sold openly.

I am not suggesting to the Minister that the Government should regulate the internet—certainly not—but those companies that facilitate these sales must do more to prevent dangerous, substandard and counterfeit electrical goods from being sold in the first place. They know who the sellers are—they are their own customers—but what are they doing to stem the flow? More than £90 million is now spent on counterfeit and substandard products each year, and in 2013-14 customs officials detained 21,000 consignments of fake goods at UK borders.

That is all part of the huge increase in the number of counterfeit, substandard or faulty products being imported into the UK. Over the last three years, there has been an increase in the use of social media to advertise these products. According to Electrical Safety First, a quarter of people interviewed said that they had seen fake products being openly advertised on social media websites. Furthermore, 24% had knowingly bought a counterfeit product and 21% had done so to save money.

Those activities are damaging British businesses and costing jobs, and big brands—some of the most popular of which are NutriBullet, BaByliss, ghd, Dyson and Apple—are suffering from the might of the counterfeiters. Electrical Safety First mentions in its report that it obtained a fake NutriBullet through eBay as part of its research. When a locked rotor test—a test that simulates something such as nuts or a mass of ice jamming in the blender—was carried out, the fake appliance caught fire. That potentially would have caused a fire in someone’s kitchen.

Hair straighteners are commonly counterfeited, with a number of the premier brands, particularly ghd, faked. A genuine item usually retails for £100, but counterfeits are on sale on market stalls and on the internet for between £30 and £70. I have seen the packaging, and can testify to the fact that fake ghds are packaged so well that it is very difficult to tell the difference between counterfeit and genuine.

Fake Apple products are probably the most popular of the counterfeits entering the UK, chargers in particular. I am certain that most hon. Members, probably unknowingly, have in their possession a counterfeit Apple charger, and I put my hands up and say, “I know that I have”. According to Electrical Safety First, those were the items that were shown to be most dangerous during testing. I am told that a genuine charger contains more than 60 individual components, while a counterfeit has at best 25, and some have as few as 19. The charger casings are also a cause for concern, as they are often only clipped together and not properly sealed, meaning that the user can access live parts and that moisture can enter the product. During testing, the products also had a greater probability of heating up and catching fire. The plastic used in counterfeits is often not the polycarbonate used in the genuine article but an acrylonitrile butadiene styrene—ABS—polymer, which is less resilient and has no fire retardant properties. The London fire brigade reports that the material gives off a thick, toxic smoke when burning, which poses additional hazards.

Therefore, is the legislation robust? Has it kept up with sales over the internet? I do not believe it has. I hope that the Minister will consider working with the all-party parliamentary group on how we all can not just raise awareness with our constituents but come forward with a strategy to tackle the issues, working with the likes of eBay and Amazon to prevent the sale of the items. Clearly, it is not possible for the average consumer to tell the difference between a genuine and a counterfeit article. Consumers do not have X-ray machines to tell them what components are inside—although, worryingly, I understand that you can buy an X-ray machine from Alibaba. That is how ridiculous the situation with online sales has become.

Of course, trading standards, prevention and enforcement are a big part of the solution. City and County of Swansea Council, with which I have spoken at length, has had its own difficulties with fulfilment houses that operate locally and sell on substandard and counterfeit goods but, given the funding cuts, it now has to prioritise the most dangerous articles to remove them from sale. It was only at Christmas that we saw the significant problems of house fires caused by substandard hoverboards imported into the UK—my assistant fell off one and broke her wrist. That is why we need experts working at ports and at airports such as Heathrow, where much of the mail with items bought on the internet enters the country.

The Minister for Small Business, Industry and Enterprise helpfully replied to me on 13 July last year, through a written answer, when I asked what steps the Government were taking to prevent counterfeit electrical products from being sold in the UK, to protect customers from electrical accidents:

“In February this year the Department for Business, Innovation and Skills pledged an extra £400,000 to help trading standards officers prevent dangerous goods being sold in the UK, and this includes £182,000 for its ports and borders project which is improving surveillance”.

That is welcome, but is the level of funding really enough? Can the Minister confirm whether the Secretary of State intends to extend the funding, given the cost to UK businesses if the goods enter the market? Trading standards are essential, including on the frontline at ports, but what about online? Is the Minister able to explain what support the Government are providing to officers for enforcement regarding the internet? What help can the Department give to trading standards to assist them in working closer with the likes of Amazon and eBay and to do more to remove offending electrical items that either are not compliant or are fake? How does he intend to tackle the scourge of fulfilment houses?

I appreciate that the Department has recently carried out a review of trading standards, but I believe that more needs to be done, with investment in officers who can look online, and work with the likes of eBay and Amazon to prevent the items from being sold in the first place. Perhaps the Minister can outline specifically what the review considers. If knives, pornography and other dubious articles are not allowed to be sold on the websites, the same should apply to substandard electrical goods that can kill.

I am mindful that the debate is about the importation of faulty electrical products. It is a great sadness that many appliances that used to be made in the UK are now made overseas. That manufacturing provided significant employment for our constituents, particularly in Wales—I believe my hon. Friend the Member for Merthyr Tydfil and Rhymney (Gerald Jones) will touch upon that in his contribution. I am certain that when the goods were produced here they gave local people skills and jobs, and they benefited both the local community and the companies that were making the components in the United Kingdom, not in countries such as China. How do we know that the component supply chain is of good quality and, most importantly, is safe?

I note that the Department recently published the Government’s response to Lynn Faulds Wood’s review on product safety, but will the Government’s direction address what Lynn sought to achieve? Lynn has been at the forefront of campaigning on product safety, particularly on electrical goods, since the 1980s when she coined the phrase “potential death trap”. With recent events with Whirlpool tumble-dryer fires and the importation of other faulty electrical products, are the Government seeing the issues as a priority?

Hon. Members on both sides of the House have recently raised concerns on the issue, and my hon. Friend the Member for South Down (Ms Ritchie) wrote to me as chair of the all-party parliamentary group about her concerns for the safety of her constituents and asked what action was being taken. The Minister knows that Whirlpool has issued a safety notice on some of its tumble dryers, but it is not calling for a product recall. I do not seem to have seen a Government response to the concerns, so can the Minister give us reassurances today about public safety and the recall system in this case? Is it acceptable that consumers will have to wait such a long time for repairs to their imported machines? He will know that the Chartered Trading Standard Institute has said that 11-month waits are unacceptable when the machines are potentially dangerous.

Can we also ask therefore whether manufacturers in the UK—not just Whirlpool—can have absolute confidence that components in these appliances are of sufficient quality? What market surveillance is being done to protect consumers, and what traceability is there of components in appliances that are manufactured abroad but sold in the UK? What comparison is there between recalls of goods manufactured in the UK and recalls of those manufactured elsewhere? Those are a few questions that the Department needs carefully to consider.

[Mark Durkan (Foyle) (SDLP)]

My hon. Friend is opening the debate powerfully. Two years ago, the House was dealing with the Consumer Rights Bill. I tabled amendments and new clauses to the Bill, precisely to address the issues of the safety of electrical goods and recalls, which were well supported by the then Member of Parliament for East Lothian. However, the Government tried to say that there was no issue—there was no gap, there was no problem—despite all the figures and all the evidence showing that there was.

[Carolyn Harris]

I appreciate my hon. Friend’s comments, and I am sure any speech he makes later will reflect his thoughts.

Members of the House can help through the APPG on home electrical safety to find solutions and raise awareness. I am not sure whether the Minister has seen a counterfeit electrical product up close, but I hope he will join the APPG later this year. We have an event planned that will look at examples of counterfeit electrical goods that have been gathered. Perhaps then he will understand better.

In conclusion, the importation of faulty electrical products is an increasing issue, fuelled by the internet. It is costing lives. How many more incidents will happen before action is taken? How will trading standards be able to tackle the issue in an era of increasing change and with cuts to officer posts? I hope the Minister will give reassurance today that the Department for Business, Innovation and Skills is treating the importation of faulty electrical goods into the UK seriously. Government must have a role to play, even if it is only one of co-ordination. Action is needed now to protect our constituents and businesses in the UK. I hope he intends to outline how he can help us to achieve that.