Draft REACH (Amendment) Regulations 2023

Oliver Heald Excerpts

Tuesday 16th May 2023 General Committees

[Rebecca Pow]

My hon. Friend is very astute. In no way will we reduce any of the protections—we have to make a statement to say that we will not do that—and this change does give us an opportunity to work with the industry to look at the kind of data it provides and its knowledge of the chemicals, as well as to focus on how we use those chemicals and the actual exposure for our own population, because it is different in different countries. It should provide us with a really focused understanding and knowledge of the chemicals that we place on the market—of course, each company is responsible for the chemicals it places on the market.

As I said, we laid the statement, as required by the Act, to provide the Committee with the necessary assurance that extending the submission deadlines is consistent with article 1 of UK REACH. We will continue to ensure a high level of protection of human health and the environment.

As we outlined in the consistency statement that accompanied the public consultation, our assessment demonstrates that overall the UK REACH regime will still be able to ensure a high level of protection of human health and the environment because of the information on and knowledge of chemicals registered under EU REACH that is available to HSE and Great Britain registrants; because importers from the EU will continue to receive EU REACH-compliant safety data sheets from their EU suppliers, which will enable them to identify and apply appropriate risk-management measures; and because of the HSE’s ability to seek risk management data from other sources—there are sources other than the EU system—if necessary, as it did when acting as a competent authority under EU REACH. That seeking could include things such as calls for evidence and using data from EU REACH and other relevant sources that can provide Great Britain with specific hazard and exposure information.

Alongside the public consultation, we also published a full impact assessment on extending the deadlines, which I am pleased to say was awarded a green fit-for-purpose rating by the Regulatory Policy Committee. The Joint Committee on Statutory Instruments has formally considered this SI without comment. The territorial extent of this instrument is the United Kingdom, and the devolved Administrations were engaged in its development and are content. I am confident that the provisions in the regulations mean that we will continue to ensure the highest levels of protection for human health and the environment.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

As my hon. Friend will know, I have the headquarters of Johnson Matthey, a major environmental business, in my constituency. Is it not right that the instrument will give duty holders the right amount of time to prepare and submit full dossiers for all the substances that need to be registered, and will therefore have a positive effect in terms of better regulation?

[Rebecca Pow]

I thank my right hon. and learned Friend for that. It is a really significant industry in his constituency, and he is right to speak up for it. I am sure that he has engaged with industry, as we have, because we have to make this work. It is a huge industry for Great Britain—a £30.4 billion industry. The industry has worked with us, and was very positive in the consultation about wanting the extension of the deadlines. We are already working with various key companies to work up some dossiers with individual companies to see how it could work. We will learn a lot from that, and we obviously need this time to work our way through that and see all the different impacts and costs, what sort of information they need to provide, and how they are managing to do that. My right hon. and learned Friend is right, and I thank him for that question.

I am confident that the provisions in the draft regulations mean that we will continue to ensure the highest levels of protection of human health and the environment based on robust evidence and strong scientific analysis. At the same time, we are taking steps to provide industry with the legal certainty that it needs to operate and to preserve the supply chains for the chemicals that we depend on. I will leave it there for now.