Product Regulation and Metrology Bill [Lords]

Nusrat Ghani Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Gareth Snell]

No, this is on the last point.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. This is turning into a debate in itself. It is very clear that the Member does not want to take an intervention right now, Mr Snell, but she may do so later.

[Joy Morrissey]

I now want to talk about competition—

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. If colleagues speak for too long, others will be disappointed, so, unofficially, let us try to keep our speeches to under 10 minutes.

--- Later in debate ---

[Sammy Wilson]

The potential is there, and it has been put in the Bill. I suspect that clause 2(7) has been included in the Bill to give that opportunity, if not now, then at some future time.

The other reason why businesses have opposed the implementation of EU regulations and the other danger of dynamic alignment is that many of the laws and regulations made in Europe that we may be aligning ourselves with only get there in the first place because powerful lobby groups lobby the European Commission to get regulations imposed. Those regulations may well suit one particular industry, or even powerful firms within that industry, but they do not necessarily benefit all of business. Some have said of the Bill, “Oh, this will give certainty to business,” but it may well give businesses additional costs.

Given what has happened in Northern Ireland and the way that our market with the rest of the UK has been disrupted, some may think that I would welcome the measures, but I do not welcome them for two reasons. First, as I pointed out to the hon. Member for Walthamstow (Ms Creasy), many of the restrictions are on goods that are not even included in the Bill, as the schedule excludes them. Secondly, even if this problem is solved, it does not deal with the issue. We know that because Northern Ireland is subject to the EU single market regulations—300 areas of law, as the hon. and learned Member for North Antrim (Jim Allister) keeps reminding us on an almost weekly basis. The issue is that we have allowed the United Kingdom to be divided by the deal that was done with Europe. When the previous Government was in power, I warned that this would happen and that Northern Ireland would be the foot in the door. I believe that that will be used as one of the arguments for this legislation.

The DUP will oppose the legislation because we believe it is not in the interests of the United Kingdom and does not address the problems that are faced in Northern Ireland.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I thought it was remiss that the speech by the right hon. Member for South Holland and The Deepings (Sir John Hayes) did not have a literary person in it, but he managed to get C. S. Lewis into his intervention.

--- Later in debate ---

[Adam Thompson]

That is very kind, and I thank my hon. Friend very much for his intervention. If he wishes, I have a 97-slide lecture that I would be more than happy to deliver afterwards.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Nobody wishes for the 97 slides, Mr Thompson.

[Adam Thompson]

Do not worry, Madam Deputy Speaker—it is not one for today. I am nearly finished.

Each stage of the traceability chain has some discernible uncertainty, which generally increases as we move down that chain and instrument accuracy decreases. Estimation of uncertainty at each link in the chain is essential; it is impossible to have a traceable measurement without the inclusion of an uncertainty with that measurement. When applied in manufacturing, traceability allows us to create anything we can imagine within the confines of our chosen manufacturing process. It is the cornerstone of our modern manufacturing industry.

Through this Bill, the Government seek to update metrology regulations and the means by which those regulations are enforced. We have heard at great length different opinions about that process, but the Government are today ensuring conformity with SI, ensuring uniformity in the measurement, sale, monitoring and quantity of goods. Further, they are ensuring that the Secretary of State and other appropriate bodies have the powers they require to inspect and enforce that conformity. The Bill will ensure that UK law is updated to recognise new or updated international regulations and keep us at the cutting edge of science and regulation.

Members said earlier in the debate how the UK was at the forefront of regulation. I spent many years on standards committees working through these things. Every standards committee I ever worked on fed into the British standard, which fed into the European standard and the international standard. Those are the frameworks we are updating today to ensure that we remain at the forefront. It will mean cost savings for business and it will promote regulatory stability.

Finally, the provisions laid out in this Bill continue the work begun by the ancient Egyptians—the work that allowed us to build everything from the great pyramids to the phones in our pockets, the paper that we hold in our hands and indeed the very floor on which we stand today. Our work today will ensure that the bulbs that light this room are of an appropriate brightness, that the air that we breathe and that surrounds us is of an appropriate temperature, and that we can finally get a fairly measured full beverage of exactly 568 ml in the pub. I support this Bill wholeheartedly.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Follow that, Jerome Mayhew.

--- Later in debate ---

[Jim Allister]

The right hon. Member is absolutely right. If one wanted to realign the United Kingdom with the EU, the easiest passage would be by statutory instruments. That is why that is the chosen mechanism here.

I have one final point. This Parliament traditionally and properly makes the law on criminal offences. We set the tariffs. Sometimes we say what the minimum penalty for a criminal offence is, but we always say what the maximum penalty is. We say what the content is of the criminal offence—what are the actus reus and the mens rea. But amazingly under clauses 3(9) and 3(11) and clauses 6(9) and 6(11) of the Bill we are going to make criminal offences by statutory instrument. Surely we have lost the run of ourselves if we think it is appropriate to make criminal offences in that essentially uncontrolled manner. It deprives this House, and therefore those we represent, of the very careful scrutiny that should always go into making something a crime. That is but another of the fundamental flaws of this undeserving Bill.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. Dr Prinsley, I am told that your speech is just a few minutes long, so I hope you will honour that.

--- Later in debate ---

[Helen Maguire (Epsom and Ewell) (LD)]

Lithium-ion batteries are essential for achieving our net zero goals, but as demand grows for products containing such batteries we need to do more to protect consumers against dangerous lithium-ion batteries. Since 2020, e-bike and e-scooter fires have—

[Madam Deputy Speaker]

Order. It is an intervention, not a speech.

[Helen Maguire]

Does the hon. Member agree that there should be a mechanism to recognise and regulate high-risk products so that we can protect consumers?

[Peter Prinsley]

I thank the hon. Member for her intervention. I would point out the particular danger of button batteries—something that is well known to ENT surgeons—which cause perforation of the oesophagus and the trachea by a chemical reaction.

In the last two years, 95% of consumers have purchased from online platforms, with approximately 23 million monthly transactions in UK. We certainly need strong accountability for these marketplaces. Without that, dangerous items will continue to resurface, putting children at risk. I urge the House to ensure that the Bill puts more pressure on the sellers of unsafe toys, forcing them to take responsibility for their actions.

[Madam Deputy Speaker]

You are an honourable man.

Product Regulation and Metrology Bill [Lords]

Nusrat Ghani Excerpts

Report stage
Wednesday 4th June 2025 Commons Chamber

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

With this it will be convenient to discuss the following:

New clause 2—Requirement to inform customers about changes to prepackaged products—

“(1) A supermarket must inform customers if—

(a) there has been an increase in price per unit of measurement in any prepackaged product sold by the supermarket; and

(b) this increase has resulted from a decrease in the quantity of the goods included within the package.

(2) The requirement to inform customers must include a statement attached to the product, or placed alongside the product.

(3) The statement must—

(a) include the amount the quantity has decreased by and the amount the price per unit of measure has increased by;

(b) be the same font size as the unit price of the product and must be visible and legible; and

(c) be in place from the date of the change in unit quantity and remain in place for the following 60 days.

(4) In this section—

‘prepackaged product’ is a product that has been wrapped or placed in a container before being made available for retail;

‘quantity of goods’ includes, but is not limited to—

(a) weight of goods;

(b) volume of goods;

(c) number of units;

‘supermarket’ is a store with a sales area greater than 400m² of which 50% or more of the products sold are food products.”

This new clause would place a requirement on supermarkets to inform customers when the quantity of goods within the product had decreased resulting in a price increase per unit of measurement.

New clause 3—Reviews of potential country of origin labelling for meat products—

“(1) The Secretary of State must undertake a review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin of beef products sourced from the United States on menus.

(2) The review must consider—

(a) the potential public health, environmental, and animal welfare concerns related to beef production standards in the United States compared to those in the United Kingdom;

(b) the practicality of creating regulations for the labelling of beef for food service businesses equivalent to the Beef and Veal Labelling (England) Regulations 2010;

(c) consumer demand for country of origin information in relation to beef products; and

(d) the practicality and cost implications for the hospitality sector.

(3) The Secretary of State must, in undertaking the review, consult with representatives of the food and hospitality sectors, the National Farmers Union, food safety bodies, animal welfare groups, and any other stakeholders deemed relevant.

(4) The Secretary of State must lay a report on the findings of the review before Parliament within 6 months of the passing of this Act.

(5) Within 6 months of laying the report under subsection (5) the Government must undertake a further review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin labelling for any meat product from any country with reference to the outcomes of the report under subsection (5).

(6) The Secretary of State must lay a report on the findings of the review under subsection (6) before Parliament within 6 months of the launch of that review.”

This new clause requires the Government to undertake reviews into the feasibility of requiring food businesses to disclose the country of origin of meat products on menus.

New clause 4—Labelling for UK-produced or manufactured products—

“(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.

(2) The label must be—

(a) displayed clearly on the front-facing packaging of applicable goods;

(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and

(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.

(3) A product qualifies for the label if—

(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and

(b) it meets any additional criteria as set out by regulations made by the Secretary of State.

(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.

(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.

(6) Regulations under this section must be made within 2 months of the passing of this Act.

(7) In this section—

‘product’ includes food, drink and manufactured goods available for retail sale;

‘produced or manufactured in the United Kingdom’ includes goods where the final significant production process occurred in the UK.”

This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.

New clause 5—Support and Guidance for Small and Medium-Sized Enterprises—

“(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act.

(2) The guidance must include—

(a) a summary of the key provisions of the Act relevant to SMEs;

(b) practical advice on compliance requirements;

(c) information on any available financial, technical, or advisory support; and

(d) contact details for further enquiries or assistance.

(3) The first version of the guidance must be published on the day this Act is passed.

(4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.”

This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available 60 days before implementation.

New clause 6—Review of access to testing and certification for small and medium-sized enterprises (SMEs)—

(1) The relevant Minister must undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.

(2) The review must include consideration of—

(a) the typical costs incurred by SMEs in meeting relevant testing and certification requirements;

(b) the availability and capacity of accredited testing providers serving SMEs;

(c) any barriers to market access arising from testing and certification obligations; and

(d) potential non-financial measures to support SMEs in meeting compliance requirements.

(3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.”

This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.

New clause 7—Liability and redress for unsafe or defective products—

“The Secretary of State may by regulations make provision for—

(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);

(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;

(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”

This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.

New clause 8—Alignment with EU law—

“(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.

(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.

(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.

(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”

This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.

New clause 9—Inclusion of lithium-ion batteries as a priority product category—

“(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements.

(2) Regulations made under subsection (1) must include—

(a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market;

(b) requirements for clear labelling, including information on capacity, cycle life, and safe handling;

(c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling;

(d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries.

(3) In this section, a ‘lithium-ion battery’ means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.[KM1]

(4) Before making regulations under this section, the Secretary of State must consult the following stakeholders—

(a) representatives of the battery industry,

(b) environmental groups,

(c) consumer safety organisations,

(d) fire services, and

(e) any other person whom the Secretary of State considers to be relevant.”

This new clause would ensure that Lithium-ion batteries are included in the Bill.

New clause 10—Duties of online marketplaces—

“(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties—

(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;

(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;

(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;

(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way.

(2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).”

This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.

New clause 11—Product recall—

“(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.

(2) The regulations must include provision to ensure—

(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;

(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;

(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and

(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.

(3) The regulations must establish consumer rights entitling individuals to—

(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;

(b) access to support and guidance through the recall process, including where a product is no longer in production.

(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”

This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.

New clause 12—Local weights and measures authorities: review—

“(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws.

(2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.”

This new clause provides for the Secretary of State to carry out a review of how the funding and capabilities of Trading Standards authorities affects their enforcement activities, to consult appropriate bodies and stakeholders and to lay the review before Parliament.

New clause 13—International agreements—

“(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under—

(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,

(b) the Japan Economic Comprehensive Partnership Agreement,

(c) the UK-Canada Continuity Trade Agreement,

(d) The UK-Australia Free Trade Agreement,

(e) the UK-New Zealand Free Trade Agreement, or

(f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.”

This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements.

New clause 14—Review Panel—

“(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force.

(2) The Panel must—

(a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing—

(i) their effect on economic growth;

(ii) their effect on trade in the product concerned on a global basis;

(iii) their effect on the relevant industry or industries within the United Kingdom;

(b) prepare a report of the review, and

(c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation.

(3) The Panel must consist of—

(a) at least one person with expertise in economics;

(b) at least one person with expertise in trade policy;

(c) at least one person with expertise in domestic regulation of business.”

This new clause would ensure a review and report to Parliament of any regulations aligning UK regulations with those of other countries or territories.

New clause 15—Consultation on committee to examine changes to product regulations—

“(1) The Secretary of State must, within three months of the passing of this Act, commission a consultation on the creation of a committee on changes to product regulations.

(2) A consultation under subsection (1) must consider the suitability of current scrutiny mechanisms for assessing regulations created through the powers created or amended by the Product Regulation and Metrology Act 2025.

(3) A consultation under subsection (1) must consult—

(a) the Chair of the House of Commons Business and Trade Committee,

(b) the Chair of the House of Commons Foreign Affairs Select Committee,

(c) the Chair of the House of Commons Liaison Committee,

(d) the Chair of the House of Commons Public Administration and Constitutional Affairs Committee, and

(e) the House of Commons Commission.

(4) The Secretary of State must, as soon as practicable after receiving a report of a consultation under subsection (1), lay before both Houses of Parliament—

(a) a copy of the report of the consultation, and

(b) a statement setting out the Secretary of State’s response to that consultation.”

The new clause would require the Secretary of State to consult on the establishment of a House of Commons committee that would examine all changes to product regulations which are made by the powers granted by this legislation.

New clause 16—Regulations: requirement for certification—

“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must certify that their effect is not to undermine the resolve of our constitutional arrangements to honour the choice of the people of the United Kingdom to leave the European Union by means of subjecting the United Kingdom to the same law as the European Union so it could subsequently be argued that the United Kingdom should rejoin so it has a voice in making the legislation rather than adopting legislation that has already been made by the European Parliament and Council of Ministers.”

New clause 17—Brexit good faith statement—

“When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must provide a statement (a “Brexit good faith statement”) setting out how in the development of the regulations it has sought to honour the decision of the people of the United Kingdom to leave the European Union by developing, through the regulations, a legislative framework that intentionally seeks to exploit the opportunities afforded by Brexit to develop competitive and other advantages for the United Kingdom compared with the European Union in the global marketplace.”

Amendment 9, in clause 1, page 1, line 3, leave out subsection (1).

This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.

Amendment 10, page 1, line 9, leave out subsection (2).

This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.

Amendment 11, page 1, line 9, leave out “also”.

This amendment is consequential on Amendment 9.

Amendment 32, page 1, line 10, leave out “the United Kingdom” and insert “Great Britain”.

Amendment 25, page 1, line 11, leave out “EU” and insert “foreign”.

Amendment 12, page 1, line 13, leave out “(1) or”.

This amendment is consequential on Amendment 9.

Amendment 7, page 1, line 14, at end insert—

“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”

This amendment prevents the Secretary of State from making regulations unless satisfied that the regulations will not reduce consumer protection and regulatory standards in relation to products.

Amendment 8, page 1, line 21, at end insert—

“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.

(4B) Regulations under subsection (4A) must support—

(a) the creation of economic incentives for businesses that contribute to economic growth, and

(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”

This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.

Amendment 26, page 2, leave out lines 12 to 18 and insert—

“‘relevant foreign law’ means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”

Amendment 5, in clause 2, page 3, line 6, at end insert—

“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”

This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.

Amendment 3, page 3, line 21, at end insert—

“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”.

This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.

Amendment 16, page 3, line 39, leave out subsections (7) and (8).

This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met.

Amendment 27, page 3, line 41, leave out “EU” and insert “foreign”.

Amendment 14, page 4, line 2, at end insert—

“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”

This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date.

Amendment 15, page 4, line 2, at end insert—

“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”

Amendment 28, page 4, line 5, at end insert—

“(8A) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of ‘relevant foreign law’ in section 1(7).”

This amendment, and Amendments 25, 26 and 27, open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, and require the justification of decisions to limit any such reference to the laws of one territory only.

Amendment 29, page 4, line 5, at end insert—

“(8B) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom.

(8C) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.”

This amendment would prevent the interpretation or enforcement of any regulations referring to foreign law, notably that of the EU, from being undertaken by any authorities other than those based in the UK (for example the European Commission or the CJEU).

Amendment 13, page 4, line 6, at end insert—

“(10) The provision described in subsection (7) may only be made if—

(a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and

(b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”

This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law.

Amendment 17, page 4, line 6, at end insert—

“(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom.

(11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.”

This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU).

Amendment 21, in clause 3, page 4, line 8, leave out subsections (1) and (2).

Amendment 22, page 4, line 11, leave out subsection (3).

Amendment 23, page 4, line 17, leave out subsection (4).

Amendment 24, page 5, line 16, leave out subsections (9) to (11).

Amendment 6, in clause 12, page 11, line 37, at end insert—

“‘circular economy’ means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”.

This amendment clarifies the meaning of “circular economy” and is consequential on Amendment 5.

Amendment 4, page 12, line 21, at end insert—

“(e) provision described in section [Product recall].”

Amendment 1, in clause 13, page 13, line 4, leave out from “Act” to “may” in line 5.

This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament.

Amendment 2, page 13, line 8, leave out subsections (4) and (5)

This amendment is consequential on Amendment 1.

Amendment 30, page 13, line 8, at end insert—

“(za) provision described in section 2(7);”

This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include referenced to relevant foreign law.

Amendment 31, page 13, line 19, at end insert—

“(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force.”

Amendment 18, page 13, line 24, at end insert—

“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.

(6B) Before making any regulations under this section, the Secretary of State must—

(a) conduct a consultation for a period of no less than six weeks;

(b) publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.

(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.”

This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.

Amendment 33, page 13, line 24, at end insert—

“(6A) Where the regulations are for the purpose of applying to Great Britain regulations already applied to Northern Ireland by the European Union, Northern Ireland must also be involved in the said consultation on an equal basis with the rest of the United Kingdom.”

[Gareth Snell]

I wish to speak briefly to new clause 1, which is a probing amendment that seeks to establish a couple of facts. I will start, however, by thanking the Minister for his time yesterday and for engaging with me on the matter. I know that he takes the matter of how we protect ceramics in the UK, and indeed how we can enhance that protection, as seriously as I do.

New clause 1 is a short amendment that simply asks the Government to explore and consider how we can better protect ceramics from counterfeit production, ensuring that when we buy something that purports to have been made in the UK, that is in fact the case. Most ceramics have something called a backstamp. If we turn over any piece of tableware or giftware in the UK, we normally see a stamp showing the company that made it and the country of origin. Most notably, for most pieces it states either “Made in England” or, even better, “Made in Stoke-on-Trent”.

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[Jim Allister]

Absolutely. The Government tell us, “When we make trade deals, we may be able to ensure the requisite alignment,” but this Bill provides for alignment only with the EU, which rather lets the cat out of the bag. The Bill is not about facilitating international trade, so that we could, in the relevant circumstances, align with the United States, Japan or whoever we are making deals with, because it is exclusively and singularly focused on alignment with the EU. I suspect that is because the purpose of the Bill is to advance, at the speed of the Government’s choosing, and without the restraint of this House, down the road of dynamic alignment. To me, new clause 15 is very important.

Amendment 16 is key, because it will pull the teeth of clause 2(7) and protect us from the intended course of action. I strongly support amendment 16, because it would rein in powers that need to be reined in, and would remove the threat—indeed, the allegation—that the Bill is about realignment with the EU. A couple of weeks ago, we had the so-called reset with the EU, but the reset is as nothing compared with this Bill. This Bill is the legislative vehicle whereby Brexit can be sabotaged. That is why it is important to address the core issue in clause 2(7).

If the Bill were not about securing dynamic alignment with the EU, there would be Government support for amendment 25, which would make a reference to “foreign” law and not “EU” law. That amendment would put to bed the concerns of those of us who believe that the Bill is a subterfuge to secure realignment with the EU. However, I fear that the Government will not support that amendment.

The legislation is a Trojan Bill. It has a very clear direction of travel, which is to be secured by ignoring the question of what powers of scrutiny this House should have, and by affording to the Executive alone the right to realign dynamically with the EU at a pace and time, and on the content, that they alone approve of. The Bill needs these radical amendments, including the surgery that amendment 16 would do. At the very least, it requires the semblance of oversight that new clause 15 would provide.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

It gives me huge pleasure to call our resident metrology expert, Adam Thompson.

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[Chris Vince (Harlow) (Lab/Co-op)]

Despite what everyone was thinking, I am not going to suggest that I am perfection, but as a mathematician, may I ask my hon. Friend to accept that the reason perfection is not achievable in that instance is to do with the infinite—the infinite amount of numbers between 1 and 1.1, for instance, or the infinite amount of numbers between 1.1 and 1.11?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I accept that we have some experts in the Chamber, but I remind Members that speeches and interventions must relate to the business at hand and the amendments.

[Adam Thompson]

Thank you, Madam Deputy Speaker. I thank my hon. Friend for his intervention—it was perfect. He is absolutely right, and I will leave the perfection to the mathematicians. To illustrate my point, I hear people in engineering asking for products to be made perfectly—for the angle of the corner of the table to be exactly 90° or the surface of the microscope to be infinitely smooth. To study metrology is to understand the concepts of imperfection and uncertainty and apply those to everything. If one zooms in close enough, the angle is never exactly right, and the surface is never perfectly smooth.

On Second Reading, I made reference to the optical mirrors used in the James Webb space telescope. They are incredibly smooth, yes, but to examine them at the atomic scale, one would find deviations from the nominal plane that mirror those in the Grand Canyon. Being an engineer involves accepting these deviations within the context of the work we undertake towards our goal of constant improvement—be that in the creation of, say, aerospace engines or, indeed, national legislation.

My expertise within surface metrology was in the development of X-ray computed tomography for measuring surfaces. Alongside my good friend Dr Andy Townsend at the University of Huddersfield, who made similar discoveries at the same point in history—a phenomenon that is common across science—I was among the first to be able to use X-rays to measure the interior surface of parts that were otherwise hidden to both the eye and the machine. X-ray computed tomography had never previously been good enough to measure surfaces, with the imaging resolutions achievable lagging significantly behind those required to separate measurements from noise. Previously, such measurements were not really needed, as to manufacture a surface, one generally had to access that surface with a machine tool, so one could similarly access it with a measurement tool.

However, with the birth of industrial additive manufacturing—often called 3D printing—we could suddenly make things with hidden internal geometries that did not need tool access and could not be measured. Without measurement, though, we cannot verify that the parts we make will function as we require them to. As such, new technology was required to allow us to create additively manufactured parts, be they novel, much lighter aeroplane parts or new joint replacements finely customised to suit the individual. Alongside our colleagues, Andy and I solved this problem by demonstrating that X-ray computed tomography had become good enough to measure those surfaces.

This Bill mirrors that “good enough” paradigm. Current legislation places us at risk of falling out of alignment with the rest of the world, which in turn risks our ability as the British to maintain our position at the forefront of international science. In its current, unamended form, the Bill grants the Secretary of State the necessary authority to keep pace with the guidance of relevant experts. The amendments proposed by the Opposition would only hinder our ability to stay aligned with the continuous advancement of progress.

[Adam Thompson]

I thank the hon. and learned Member for his intervention, but I disagree with his assessment. This Bill is about providing the Secretary of State with the powers necessary to ensure that we remain at the forefront of science. Opposition Members have incorrectly claimed that the Bill hands over authority to foreign powers, or overly centralises it in the hands of the Secretary of State. This is not a matter of ceding control to external entities; rather, it is about maintaining the United Kingdom’s position at the forefront of scientific and regulatory innovation. It is about ensuring that the British scientists who follow in the footsteps of Newton, Franklin and Hawking can continue to lead the world in their fields.

These Opposition amendments appear to stem from a fundamental misunderstanding—or perhaps a complete lack of understanding—of what metrology and standards frameworks entail and why they are vital. I urge all Members to vote against them and support this Bill through its Third Reading.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I remind Members that they are speaking to the amendments. There are 33 to choose from, so please keep your contributions appropriate.

[Dr Allison Gardner (Stoke-on-Trent South) (Lab)]

I rise today in support of new clause 1, which deals with a country of origin marking for ceramic products and which my hon. Friend the Member for Stoke-on-Trent Central (Gareth Snell) so eloquently introduced. My constituency is home to “The Great Pottery Throw Down”, based in the wonderful Gladstone Pottery Museum in Longton, and I am so proud to have many great pottery firms in my constituency. Those include Wedgwood, which is famed for its iconic blue jasperware, and Duchess China, which has factories in Longton and Newstead that I was honoured to visit recently. There, I met Jason Simms, who is a 100-mph visionary for the future of ceramics in Stoke-on-Trent and the world. It was a really interesting visit.

Duchess, founded in 1888, produces the tableware used in the House of Commons. It is proud of the fact that its products are made in the UK, from clay to table. People buying products produced by Duchess, for example, will see that they say on the bottom, “Fine bone china made in Staffordshire”. The phrasing is deliberate; it clearly informs the purchaser not only of the product’s country of origin, but the precise part of the country that it comes from. Most of our ceramic products contain these backstamps to mark authenticity, and many include a reference to Stoke and Staffordshire. As I have before, I invite all colleagues to join the “turnover club” and check the backstamp on the chinaware here. They will probably find it was made in Stoke.

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[Chris Vince]

I will pre-empt the point of order: businesses in Epping Forest and in Harlow are equally very good and very successful. I will now move on.

I disagree slightly with the hon. Gentleman on the reasons for the economic challenges. When I have spoken to businesses in Harlow, it is clear that we need to break down the barriers to trade with the EU that have been created. However, as I also said in a recent debate, I do not intend to rehash the same old arguments we have had over Brexit. It is about how we work with where we are at the moment, and I think the trade deal that the Prime Minister and the Business Secretary have secured on that is really positive. This is part of that alignment, and I think it is very positive.

Just to finish, I will welcome the response from the Minister on some of the points that have been raised today. I have absolute confidence in the Secretary of State to ensure that he gets the best for British businesses—businesses in Epping Forest and in Harlow.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Liberal Democrat spokesperson.

[Sarah Olney (Richmond Park) (LD)]

It is a real pleasure to take part in this debate on product regulation and metrology, not least because it gives me the opportunity to highlight the work done by my former colleagues at the National Physical Laboratory in Teddington, which is the UK’s home of metrology. I would like to set the mind of the hon. Member for Erewash (Adam Thompson) at rest. He is still, as far as I know, the only metrologist with whom I have worked in a finance department, but, nevertheless, as a non-scientist, it gave me a real admiration for the work of scientists in this particular area. In Teddington they are setting the standards. They are developing and maintaining the primary measurement standards for the UK and across the world.

What I would like to say to the Chamber this afternoon and to my constituents in the neighbouring constituency of Richmond Park is that if they have been inspired by the hon. Member for Erewash and have had a fire ignited in them for the science of metrology, the National Physical Laboratory is having its open day this Friday, 6 June, and everyone should go along.

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[Sarah Olney]

I thank the hon. Gentleman for that further information about the ceramics industry, which I now feel so much better informed about. He makes a valuable point. When we talk about things being “made in the UK”, what exactly does that mean? How can we use that valuable designation to best support our domestic industries? I thank him for that further clarification.

Liberal Democrats support the need to update the regulatory framework for the UK marketplace to reduce trade friction and give businesses and consumers confidence in their products. We are glad that many of the measures in the Bill will have that effect, but we remain concerned about the excessive ministerial discretion in this legislation, and the reliance on secondary legislation. We will continue to push the Government to strengthen scrutiny mechanisms, and for fairer regulation for online marketplaces. Crucially, I hope the Government will take this opportunity to support British businesses by supporting new clause 4, giving consumers greater transparency and British businesses the boost that they need.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

[Dame Harriett Baldwin (West Worcestershire) (Con)]

May I say what an interesting debate this has been? I have a huge amount of sympathy for the case that has been put for new clause 1, which was made in a very coherent way. I also have great sympathy for the hon. Member for Walthamstow (Ms Creasy) and her proposed new clause 15. I will explain how our amendments would address some of the issues she has spoken about. The Liberal Democrat amendments, and new clause 4 in particular, make a great deal of sense. The hon. and learned Member for North Antrim (Jim Allister) tabled a range of amendments that cover points made in His Majesty’s loyal Opposition’s amendments, which I will come to.

We should ask ourselves why this relatively small and technical Bill has attracted nearly 50 amendments on Report. It is because, as was said, it is a Trojan horse Bill. We tabled our amendments because the Bill does a lot more behind the scenes than appears on the surface. When, in 2016, the voters of Britain—on an 80% turnout—voted to leave the European Union, it created an opportunity for the country to tailor our regulatory regime to best fit British industry, and to set a global standard, so that it is easier to do business. The UK’s product regulation and metrology, as we heard from our resident metrologist, the hon. Member for Erewash (Adam Thompson), once set the standard for the world, and indeed has the chance to do so again. When in government, the Conservatives started the work of capitalising on that opportunity. We see the Bill as a terrible step back and a Trojan horse, because it will tie us to EU red tape on which we have no say.

The hon. Member for Harlow (Chris Vince) spoke about his hopes for businesses in Harlow. Through this Trojan horse Bill, Labour will restrict Britain’s innovators with over-burdensome regulations, meaning that British industry will fall behind international competitors. As we heard the Liberal Democrat spokesman, the hon. Member for Richmond Park (Sarah Olney), say when speaking to her amendments, it is a prime example of a skeleton Bill. There are two major areas of concern for His Majesty’s loyal Opposition: the use of sweeping Henry VIII powers; and the ability to dynamically align by the back door with the European Union. I will speak to the amendments we have tabled to address those concerns.

When the Bill started its passage, the Delegated Powers and Regulatory Reform Committee in the other place found that the powers in the Bill, particularly in clause 1, were excessive, and it recommended that they be removed. Many of our amendments address those elements of clause 1. In the other place, the Government watered down the Bill following those criticisms, but afterwards the Bill was still described as a skeleton Bill that shifted powers “to an unacceptable extent”. As recently as 21 February, the Committee in the other place said that the amendments made in the other place were

“limited changes that do not address the fundamental concern we have about the skeletal nature of this Bill…The Government has not taken the opportunity to add flesh to the bones of this skeleton Bill. It remains the case that the Bill provides for almost all of the substance of the regulatory regimes for product safety and metrology to be provided for by Ministers in regulations.”

While we acknowledge that the current Secretary of State may act responsibly, we do not want to put things on the statute book that future Ministers might treat differently.

We all agree that strong, consistent product safety rules are needed, and we acknowledge the risks from online marketplaces and unsafe imports, but we do not think that the Bill is the right way to deal with that. We also think that Parliament must retain proper oversight, so amendments 9, 11 and 12 seek to remove the broad powers granted to the Secretary of State in clause 1.

Clause 3 is of equal concern, because it grants the Secretary of State sweeping powers to create new criminal offences, creating new complexities in our criminal justice system. It also allow Ministers to create civil sanctions for non-compliance with product and metrology regulations through secondary legislation, reducing parliamentary scrutiny of an issue that is incredibly important for our constituents’ freedoms. The clause also allows the Government to introduce new penalties, and even prison sentences; new powers of entry; and new fines on businesses, which will drive up the cost of doing business. Our amendments seek to change those elements. We believe that such serious offences should be subject to considerably more parliamentary scrutiny. That is why amendment 24 seeks to ensure that new criminal offences that could have consequences for the Ministry of Justice and the criminal justice system are not created through new product regulations under the Bill.