Draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026
Debate between Mary Creagh and Sammy Wilson(3 weeks, 3 days ago)
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Mary Creagh
I will undertake to do that. If I cannot do it myself, I will pass it on to my DESNZ colleagues.
Mary Creagh
I will make a little progress, if I may. The changes will apply directly in Northern Ireland and will phase in over time. They apply in Northern Ireland under the Windsor framework. As an EU regulation, the obligations within it apply directly, without the need for transposition. The draft instrument, in a reserved policy area, is the domestic legislation required to enable effective enforcement of these obligations in Northern Ireland.
Implementing the measures helps Northern Ireland to maintain its dual market access. It does so by establishing a proportionate enforcement, offences and penalties regime in Northern Ireland for the EU regulation. Offences are put in one of three penalty groups: summary-only offences, such as those subject to a fine, which can be unlimited; either-way offences; or imprisonment for up to 12 months and/or an unlimited fine for the most serious indictable-only offences. Offences include failure to keep appropriate due-diligence documentation; failure of a supplier of battery cells and modules to provide documentation to manufacturers; and failure by an importer to comply with certain battery safety-related obligations. Those fall into penalty groups 1, 2 and 3, respectively.
The Office for Product Safety and Standards enforces the existing “placing on the market” requirement across the UK and will act as the market surveillance and enforcement authority for “placing on the market” matters set out in this draft instrument in Northern Ireland. The SI also includes supplementary measures arising from the EU regulation, relating to conformity assessment. That includes a requirement for the NI indication to accompany the CE mark in certain circumstances, making the Secretary of State the designated authority for notified bodies and putting in place an appeals process for decisions made by notified bodies.
The draft SI also consequentially amends the Batteries and Accumulators (Placing on the Market) Regulations 2008 by revoking them in respect of Northern Ireland, so that they now apply only in Great Britain. To be clear, the instrument does not introduce new policy objectives or regulatory standards beyond those arising from the EU batteries regulation. The batteries regulation required the penalty regime to be in place by 18 August 2025. Further parts of the EU regulation remain to be implemented in Northern Ireland, after that 18 August 2025 date. They include changes to waste and to extended producer responsibility requirements. Those matters are not covered here.
I will now respond to the submission noted by the Secondary Legislation Scrutiny Committee regarding the impact on the UK internal market and the costs arising from the draft instrument. The UK has had an integrated UK-wide approach to batteries and waste batteries for many years. Let me be clear that we will take any steps necessary to continue to meet the Government’s commitment to protect the UK’s internal market. That is why we will consult in the autumn on an aligned regime in Great Britain that is consistent with the EU’s 2023 batteries regulation. The consultation will be UK-wide and conducted with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland and with the other devolved Governments as a four-nation approach. Such an approach will avoid duplicative administrative burdens and provide a unified framework across the UK and EU for batteries. Crucially, it will also deliver against our environmental objectives.
Battery manufacturing is a highly sophisticated global sector, and major manufacturers are already adjusting to the new standards. A unified approach is what businesses are asking for, so the autumn consultation will seek views not only on the application of the “placing on the market” regulations in Great Britain, but on the outstanding waste and producer responsibility provisions. We believe that pursuing this approach provides the best outcome for the UK.
I welcome the collaborative approach taken in the development of this draft SI, which has drawn constructively on expertise in industry and the relevant Departments. The provisions set out on enforcement in this SI meaningfully strengthen the application of the EU batteries regulation in Northern Ireland, where it has been law since its publication in 2023. By improving compliance in key areas such as battery safety, hazardous substances and environmental performance, I expect positive environmental and human outcomes through the reduced risk of unsafe or environmentally harmful batteries being placed on the market.
I am also reassured by the de minimis assessment undertaken in respect of this draft instrument. Given that the associated costs are minimal, and that the draft instrument introduces no contentious or disproportionate impacts, the approach is both reasonable and appropriate. I am satisfied that the instrument falls within the scope of the parent Act and represents an appropriate use of those powers. For that reason, I commend the draft regulations to the Committee.
Mary Creagh
What a peach of a debate! On the one hand, the Conservative party gave us gentle encouragement and asked questions about how the policy has been enforced in the interim. Once again, I was questioned about the previous Government’s inaction and inability to take any steps to bring in this law before they left office. On the other hand, two parliamentarians from the Democratic Unionist party reopened the debates on Brexit—
Sammy Wilson
Will the Minister give way? She has just insulted my colleague.
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.