Exiting the European Union (Building and Buildings)

Mike Amesbury Excerpts

Wednesday 18th November 2020 Commons Chamber

[Mike Amesbury (Weaver Vale) (Lab)]

I thank the Minister for opening the debate, and I understand the technical nature of taking forward the regulations. As the Minister will know, I have a great deal of interest in ensuring that products used in the construction of our buildings reach the highest standards and are used in the appropriate way. The Minister is well versed in products such as aluminium composite material and high-pressure laminate insulation, and in the problems that we have in our high-rise buildings—not only those of 18-plus metres, but those of 11-plus metres—and those that certainly are risky that are cladded and have vulnerable people living in them, but this debate is not about that.

These regulations are important for ensuring that we prepare for the next phase of our relationship with the European Union. As someone who voted remain and campaigned for remain, I find it regrettable, but it is the reality, and now it is time to get on with it. It is not quite oven-ready, but that is another debate. As such, the Minister will be pleased to know that the Opposition will not be objecting to the regulations, but I want to raise with him a number of points that require clarification.

No impact assessment has been released with the legislation, so I would be interested to listen to the Minister’s reply in that regard. Immediately following the end of the transition period, UK designated standards will be identical to those under the European Union regime, but will that always be the case? If the Government are planning to make any changes, and should the regimes diverge, it is not hard to envisage real and material difficulties for UK manufacturers and distributors acting in Northern Ireland. Again, it would be interesting to hear the Minister’s reply on that matter. Will he give us such points of clarification, but also, very importantly, of reassurance? Does the Minister see any changes on the horizon, and what impacts could those changes have?

Before this debate, the Construction Products Association wrote to me, as I am sure it has written to the Minister and the Department. It raised some concerns about the types of testing that can be undertaken currently by UK notified bodies and therefore are currently done by a European Union notified body. It wants clarity about what the situation will be in January. I believe the CPA has already brought up these concerns, which bring into question whether some products made in the UK will be allowed for sale on the UK market post Brexit. We are at a very late stage of the process, so I would be grateful if the Minister gave some detail in responding to the House on those concerns.

I want to echo my colleagues in the other place—the Lords—in asking for the detail contained in the enforcement provisions. I understand this will work in a very similar way, and again I would be grateful if the Minister expanded on that. Echoing the comments from hon. Members in the Chamber today, what will the implications be for the construction industry and those involved in producing these products to high and world-class standards in the event of a no-deal Brexit, which is potentially a few weeks away. I look forward to the Minister’s reply.

--- Later in debate ---

[Matt Rodda]

I am grateful to the hon. Member. I believe it may be both of those as well as the lack of resource for the fire service, which sadly has been cut significantly since 2010. There are, therefore, a number of significant issues for us as parliamentarians. I seek the Minister’s reassurance in particular on, as the hon. Member for Kilmarnock and Loudoun (Alan Brown) and my hon. (Friend the Member for Weaver Vale (Mike Amesbury) mentioned, what happens as we move out of the scope of EU regulations and into a UK-based regime covering Great Britain while there will be continuation of EU measures in Northern Ireland. There is a great deal of scope for confusion.

[Mike Amesbury]

Of course, many of the products, whether ACM, HPL or insulation, have been tested, though some of those tests have been questionable. As my hon. Friend rightly says, any divergence beyond the arrangements that we have now for transition out of the EU—of course, we do not have a trade deal—may have a further impact, and building safety issues go much broader than cladding, whether ACM or HPL, affecting thousands of buildings and hundreds of thousands of people.

Of course, 1.5 million people are now trapped in flats that largely have a zero rating for a mortgage. They also have to pay additional costs for waking watch, which in some cases can be thousands of pounds a month. Going forward, measures in the building safety Bill have the potential to put even more charges on leaseholders. Does my hon. Friend concur that, beyond Reading, this is a national scandal—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I am sorry but this intervention is way too long. Has the hon. Member got the gist of the point?

--- Later in debate ---

[Christopher Pincher]

We have had an interesting debate on what otherwise might be described as dry and technical matters, though in saying that I do not wish in any way to diminish or undermine the seriousness of the issues at hand, some of which I will address in my remarks. I thank hon. Members on both sides of the House for their contributions.



We are seeking a positive future trading relationship with the European Union that we hope will include a mutual recognition agreement on conformity assessment, supporting United Kingdom approved bodies and construction manufacturers alike. These regulations will come into force at the end of the transition period—in either scenario—and further legislation will be laid to implement such a trade agreement. The reason for these amendments is not a deal on free trade with the European Union, nor because we are attempting to diverge from the present harmonised rules on construction standards. It is simply that the present provisions, which will come into force at the end of the transition period, were made before the withdrawal agreement was agreed and before the Northern Ireland protocol was signed, and we need to amend them in the light of those—I think we would all agree—welcome advances.

I will address some of the points raised by hon. Members across the Chamber. With respect to building safety, I will not attempt to drain the debates that we have had across the Dispatch Box and around the Chamber over several weeks about the importance of dealing quickly with ACM and non-ACM clad buildings. As the House knows, the Government have put aside £1.6 billion for that purpose, and we keep the situation under review. We remain committed to maintaining the highest standards for construction products that are put on the market. Let me say to the hon. Member for Reading East (Matt Rodda) and to the shadow Minister, the hon. Member for Weaver Vale (Mike Amesbury), that the Building Safety Bill, which has been published in draft and will be brought forward as soon as possible, will implement the recommendations of the Hackitt review. We want to use that further to strengthen the regulatory oversight of construction products at a national level. This is not a race to the bottom; it is very much a race to the top in terms of standards.

The hon. Member for Kilmarnock and Loudoun (Alan Brown) also raised the question of where the CE designation will apply. The reason that we are transposing it into British law—Great Britain—is to ensure that businesses have an opportunity to prepare for any future changes in order to minimise business disruption. We are introducing the UK(NI) designation to ensure that any goods sold into Northern Ireland meet European Union CPR designated standards. Again, we want to ensure that the CE designation continues for a period of time. Will future regulations diverge? Well, that is a matter for the Government of the day. Any changes to our regulations will be debated in this place and the other place in the usual way, and the House will come to a conclusion. Should the European Union wish to change its designations, that is a matter for it. In those circumstances, the European Union would certainly have to comply with UK-wide designations, with the exception of the UK(NI) designation, which of course applies to Northern Ireland qualifying goods.

[Mike Amesbury]

What assurance can the Minister give the House that this divergence will not see a race to the bottom? We have talked about current standards, and it has been mentioned that there have been some major issues, including products that have been tested, and which have then been used either as fire breaks or to encase buildings. It has got to be a race to the top, rather than to the bottom. What assurances can the Minister provide?

[Christopher Pincher]

I am obliged to the hon. Gentleman for his intervention. We have always been at the forefront of good design and product safety, and I hope that nobody in the House will assume that somehow, because they are EU regulations, those regulations must ineluctably be better than our own. We will make sure that we have regulations that are suitable for our markets. We will make sure that we have really good regulations and that, as we leave the transition period, we maintain EU regulations, which are being incorporated, as I have said, into British law.

The hon. Gentleman asked a question about enforcement. One reason why we need to introduce the amendments to amendments is to make sure that local authorities, which are usually responsible for the enforcement of such regulations, have the wherewithal in England, Scotland and Wales and Northern Ireland to enforce the necessary regulations, whether they are the CE regulations that we are transposing in Great Britain, future regulations that we might apply or the construction products regulations that will continue to pertain in Northern Ireland. The enforcement regulations —I think Lord Blunkett asked about this in the other place, and my noble Friend Lord Greenhalgh replied—will be maintained as a result of these amendments.

What will happen in future? It is for my noble Friend Lord Frost and his negotiating team to win a great trade deal for the United Kingdom, and that is what he is endeavouring to do. I hope, given that the amount of trade in construction products is definitely in the European Union’s favour—something like £10.8 billion-worth of trade, compared with £4 billion and a bit the other way—it is in its interest to reach a good trade deal with the United Kingdom, to ensure that that trade continues to flow.

The Government believe that the regulations that we have laid before the House are needed to ensure that there continues to be a functioning legislative and regulatory regime for construction products at the end of the transition period and that it is, as I have said, in line with commitments set out in the all-important Northern Ireland protocol. I trust that I have answered all—or nearly all—the questions that have been put to me by Members in all parts of the House. If not, I am happy to write to them. With that, I conclude and commend the draft amendments to the House.

Question put and agreed to.

Resolved,

That the draft Construction Products (Amendment etc.) (EU Exit) Regulations 2020, which were laid before this House on 15 October, be approved.