Draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026
Debate between Mary Creagh and Jim Allister(3 weeks, 3 days ago)
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Mary Creagh
No, I will not give way; I am replying to the debate.
They reopened the debates on Brexit, which detained this House from 2016 until I left in 2019 and much beyond. When the former leader of the Conservatives said that we should “Get Brexit done” in 2019, little did he know that Brexit would never be done. This issue is the perfect example of why Brexit will never be done and of the difficulties it brought to this Parliament and Northern Ireland, with its unique protected status under the Windsor framework. It demonstrates the difficulties and the bureaucracy faced by every single business and householder trying to do the right thing and stay safe.
We have had a long and abstract debate about laws and who votes for them. This Committee is our chance to scrutinise the law—I feel scrutinised—and our chance to vote. We will vote later.
Mary Creagh
Let me tell the hon. and learned Gentleman a little about what Northern Ireland thinks. I am going to make my point, and then I hope we can get into a much longer debate.
Translink in Northern Ireland bans e-batteries, e-bikes and e-scooters from its networks because of the risk of fire. Antrim and Newtownabbey borough council has a “Buy Safe, Be Safe” campaign because of the risks of electric batteries. Waste management organisations all the way across Northern Ireland, including Newtownards, have all made complaints about the proliferating risk of batteries, battery waste and illegal batteries.
I want to talk about a couple of my constituents, Karlo Bogdan and Natasha Johnson-Mall. Karlo was 24 and Natasha was 27 when they died in a fire caused by an unsafe e-battery in my Coventry East constituency. That is not an uncommon occurrence because lithium battery fires spread incredibly quickly, and those two hard-working young people, lost their lives unnecessarily in part because these regulations and protections—which we are bringing in, yes, first in Northern Ireland, but later in our own country—were not in place to protect them from the dodgy salespeople and resellers on Amazon and all the dumping that has happened as a result of the great Brexit deal. I am very happy to give way if the hon. and learned Gentleman wants to come back on any of that.
Jim Allister
May I first correct the Minister? I am not a DUP Member, and I am surprised she does not know that. Secondly, she is also wrong to say that we are debating the merits of this law, as we are not. This already is the law in Northern Ireland, courtesy not of this House but of the EU through sections 7 and 8 of the 2020 Act. It already is the law, so all we are discussing now is how far we are going to penalise people if they breach this foreign law. We are not discussing its merits. If the Government wanted to tackle unsafe batteries, they should have done so across the whole United Kingdom, and they have not—they are hiding behind Northern Ireland.
Mary Creagh
Let me begin by apologising to the hon. and learned Gentleman. I understand that he is a member of Traditional Unionist Voice. I did know that, but I forgot it in the heat. We are in the process of doing exactly what he is exhorting us to do, which is to make sure that we have a complete internal market across the United Kingdom while also protecting Northern Ireland’s unique protected status under the Windsor framework.
I draw the Committee’s attention to the fact that it is a model. Brexit has not delivered the freedoms it was supposed to deliver. In the end, the e-bikes, e-cars and e-batteries we buy are not made in Great Britain; most are made by Bosch in Germany and elsewhere in Europe. As the hon. and learned Gentleman says, the regulation applies in Northern Ireland, and there is what I would consider a halo effect because most people placing batteries on the market are abiding by it. What we are doing today is beginning a clampdown on rogue merchants who may be competing unfairly and whose products may not meet that new European standard.
I wanted to put my constituents’ deaths on the record, because while we talk about the abstract principles and ideals of subsidiarity and sovereignty, sovereignty was not able to save their lives. My mission is to save lives, not least the lives of waste transfer station staff—the most invisible and neglected sector in our country—who are dealing with batteries on a weekly basis, especially in temperatures such as those we are enduring at the moment.
On interim enforcement, as the hon. Member for Epping Forest asked—it is not on me to defend him from attacks by other Members, but I have some sympathy, because it is a totally reasonable question to ask. The Office for Product Safety and Standards tried to enforce the pre-2023 EU battery regulation on a UK-wide basis, including in Northern Ireland, but of course it does not apply here. The OPSS is not set up as the enforcement authority until this mechanism goes through, so it cannot enforce it. That is the simple answer, and it is why we are here today.
On why we did not introduce the regulations sooner, we brought forward the legislation to support “placing on the market” requirements as soon as was reasonably practicable, taking into account the need for stakeholder engagement. We have consulted stakeholders and, as my hon. Friend the Member for Motherwell, Wishaw and Carluke mentioned, we wrote to all the trade associations and got one reply back.
Most businesses are already doing this because they are placing products on the European Union market, and this is just stuff we are doing. The right hon. Member for East Antrim says the cost is £30,000, but that is the total cost across all those businesses, not for one. It is the cost of a couple of hours of someone’s time to familiarise themselves with the new regulations. It is not the cost for each business, so my understanding is that it does not affect small and medium-sized enterprises in that way—I gently correct him on that.
We engaged with stakeholders, we appointed a market surveillance authority and we did quite a lot of complex policy work on what this means for our existing regulation. We will do a wider review of the existing battery producer responsibility regulations. We hope to bring that in on a GB and UK-wide basis.
On the figure of £35,017, that is across all affected businesses. Another question was, how does this affect the UK internal market? In a limited way—the majority of batteries are manufactured to meet Northern Ireland and EU standards already, whether they are physically placed on the market in Europe, Northern Ireland or GB. That is the halo effect I was talking about—they have raised their standards, and we are passive beneficiaries. Batteries meeting Northern Ireland requirements can be placed on the GB market, so there is no border down the Irish sea, which was of great concern to everyone here. This autumn, we will consult on an aligned regime across the whole UK that is consistent and will provide a unified regulatory framework across the UK and the EU.
The draft regulations do not introduce new policy, nor does it impose any significant new regulatory burdens on businesses. Without them, we would have rules but no means to uphold them, which is the point made by the hon. Member for Epping Forest. That is not an acceptable position to be in, so the instrument provides clarity, certainty and, crucially, enforceability. It equips the enforcement authorities with the powers they need to make sure that batteries placed on the NI market meet required standards.
On the divergence questions, the reality is that most of these batteries are standardised right across the EU. As I said, this is not the end; we are consulting on an aligned regime, but this is the essential first step to ensure that existing “placing on the market” requirements are properly enforced and support compliance with our Windsor framework obligations while broader work continues.
This is a very low-cost and proportionate measure. It did not require an impact assessment, because it was way under the de minimis requirement of a £10 million extra burden on businesses. It does not change the underlying requirements that businesses must meet and it imposes nominal familiarisation costs, so compliant businesses will not see any change in their day-to-day operations.
To come back to the issue of battery safety, we already have some of the strongest consumer product safety protections in the world, requiring that only safe products, including batteries, are placed on the market. These draft regulations help to ensure that unsafe batteries are identified and removed from the market by more effectively enabling enforcement of safety, labelling and performance requirements. Through our Product Regulation and Metrology Act 2025, we retain the ability to go further, if needed, to strengthen protections for consumers throughout the UK.
As I said, we are not complacent, and those two young people who lost their lives in Coventry are very much front and centre of my mind. We recognise the real risks to life and limb posed by faulty or non-compliant products. That is why we are taking action across the board with regulators and industry to understand and address the causes of battery-related fires. It does not matter how small the battery is, whether it is a tiny battery in a hearing aid or a vape battery, it must go back to a battery WEEE—waste electrical and electronic equipment—provider. Every store that sells a vape, including the regular high street supermarkets, has a vape take-back scheme.
Batteries, when compressed and baled, become incredibly heated and really dangerous. We could end up taking out our municipal recycling facilities in extremely dangerous and complex fires if we do not dispose of batteries properly, so we have already acted to reduce one major source of battery-related fire risk by banning the use of single-use vapes in 2025, and by supporting their collection and recycling through a dedicated WEEE category. Before we introduced that category, vapes were classed as toys. That is what was done—they were classed as toys under the regulations, which is absolutely incredible.
The early signs are encouraging, because 8 million vapes were sold in 2023-24, but the figures for ’24-25 show that it has already gone down to 6 million, which is accounted for by the regulations coming into effect in June ’25—so that is only a half-year reduction. I am therefore optimistic that sales will come down even lower from that 8 million.
We are working with industry and standards bodies to improve the safety of e-bike and personal electric vehicles through the development of a new publicly available specification. DEFRA has strengthened its capability by bringing in specialist expertise from industry to help ensure that the work to tackle these risks is informed by real-world experience and, crucially, technical knowledge. The draft instrument supports environmental protection, ensuring standards on hazardous substances are upheld—to go back to the question of the right hon. Member for Wetherby and Easingwold about batteries, hazardous substances and forever chemicals.
These measures have been developed across Governments and with industry, and concerns have simply not been raised by stakeholders. I hear the comments and concerns of the hon. and learned Member for North Antrim and the right hon. Member for East Antrim, but this is a practical, proportionate and necessary instrument. It will ensure that the law operates as intended and that our obligations are met as Members who were sent to this place to protect the life and limb of the people we represent, while facilitating consumer, business and environmental protection and our obligations under the Windsor framework.
I commend the draft regulations to the Committee.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026.