Anti-loitering Devices: Safety

Paul Scully Excerpts

Wednesday 16th June 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

I congratulate my hon. Friend the Member for Clacton (Giles Watling) on securing today’s important debate. I assure him that, although the House did not need an anti-loitering device to empty this evening, that was in no way a reflection of his excellent speech, in which he outlined his concerns about this important issue.

As Consumer Minister, the safety of these products falls under my ministerial portfolio, and the safety of the public is a key priority for the Government. The safety of such products contributes to ensuring the safety of the public and, in particular, children and young people, so I am pleased to be able to discuss this important issue, and I thank my hon. Friend for the opportunity for us to exchange views on it. I am aware that he had an exchange of letters with my predecessor on the subject and that, as he has outlined, he has a long history of discussing and raising his concerns.

Many of the issues raised go beyond safety and fall within the remit of ministerial colleagues in other Departments. I will ensure that my officials draw the Hansard of the debate to the attention of relevant counterparts and continue to join up on this issue. I am more than happy to meet my hon. Friend to discuss the issues further, as he has requested.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Clacton (Giles Watling) for bringing the debate forward; it is on an excellent issue. On the safety of the general public, the Minister knows, as do I and others, about the effect of autism and the number of children and adults with autism across the whole of the United Kingdom of Great Britain and Northern Ireland. Does the Minister agree that, for the safety of the general public, children and adults with autism must be taken on board as a priority?

[Paul Scully]

I thank the hon. Gentleman for that intervention, which was as wise as always. It is important that we protect all children, but especially vulnerable children, and he raises an interesting point. I will talk a bit more about safety in a second.

It might be useful if I set out the context of the regulatory and enforcement regime with which products such as anti-loitering devices must comply. As my hon. Friend mentioned, OPSS is the UK’s national product safety regulator. It was established in 2018 to lead and co-ordinate the product safety system, providing national capacity and supporting local enforcement, and it plays a key role in protecting consumers from unsafe products and providing an environment that enables businesses to thrive. It works closely with a wide range of market surveillance authorities, including local authority trading standards in Great Britain and environmental health in Northern Ireland, which have responsibility for enforcing product safety and compliance in the UK.

The UK product safety system is one of the most robust in the world. It places strict obligations on those best placed to control or mitigate risk. We have a comprehensive regulatory framework in place for product safety, with stringent requirements on producers and distributors to ensure that their products are safe before they are placed on the market. Its approach places an obligation on those best placed to control and mitigate the risk.

The safety of acoustic anti-loitering devices, commonly known as mosquito devices, is regulated by the General Product Safety Regulations 2005 and other product-specific laws, such as the Electrical Equipment (Safety) Regulations 2016. These provide a baseline of safety for applicable products, requiring that only safe products, in their normal or reasonably foreseeable usage, can be placed on the market. Where product-specific legislation applies, such as the Electrical Equipment (Safety) Regulations 2016, a product must comply with a specific set of essential safety requirements before it can be placed on the market. Once their products are on the market, businesses have a continuing responsibility to monitor them and to act if a safety issue is identified.

The current regulatory framework enables the relevant enforcing authority—either local authorities or the OPSS—to investigate specific allegations of unsafe products and take action where it is appropriate to do so. That includes prompting businesses to take corrective action and to provide additional advice to consumers or instigate a recall. I can confirm that there have been no reports of dangerous anti-loitering devices on the UK product safety database, which is used by regulators to share information about safety risks and ensure that appropriate action is taken.

When the Government last reviewed and set out their position on the safety of these products, in 2010, the Health and Safety Executive concluded that there was little likelihood of any long-term ill effects associated with them, and that the use of anti-loitering devices should remain an option available to local authorities in tackling antisocial behaviour. That decision followed testing that was carried out by the National Physical Laboratory, which determined that mosquito devices did not operate at a high enough volume to damage hearing. However, we continue to monitor reports of safety in relation to all products. If, as my predecessor said, there is further evidence or data on the use and impact of anti-loitering devices, clearly we will review it. The 2005 regulations already provide protection for consumers from unsafe products. Where specific products are found to be unsafe, they can be removed from the market, so there are no current plans to introduce a licensing regime for anti-loitering devices on the basis of safety, as our current assessment is that such devices do not present a safety risk.

What we are discussing today, several years after that testing was done, goes beyond safety and regulation by the 2005 regulations. The basis of the debate broadens to include considerations of human rights and potential psychological impacts, and the need to understand the potential for certain vulnerable groups to experience greater harms. My Department recognises that concern but maintains that the 2005 regulations already provide protection for consumers from unsafe products.

I want to take a few moments to talk about the wider protections already in place and what the Government are doing to ensure that the freedoms of individuals are protected while also protecting the public. While these are matters for my ministerial colleagues in other Departments, I feel that it would be useful to set these out to provide the broader context for our debate. Concern has been expressed about the impact of anti-loitering devices on the freedom of assembly. The Government are committed to upholding the right to freedom of assembly and association for all, as protected by article 11 of the European convention on human rights, which is given further effect domestically by the Human Rights Act 1998.

The Government are also committed to tackling and preventing antisocial behaviour, because we know the serious impact that persistent antisocial behaviour can have on both individuals and communities. Everybody has a right to feel safe in their own homes and neighbourhoods. The Anti-Social Behaviour, Crime and Policing Act 2014 seeks to put victims first, giving power to local people and enabling professionals to find the best solutions for their local area. To do this, local enforcement agencies have a range of tools and powers that they can use to respond quickly and effectively to antisocial behaviour through the 2014 Act. It is up to local areas to decide how best to deploy such powers, depending on the specific circumstances. That is because they are best placed to understand what is driving the behaviour in question, the impact that it is having, and to determine the most appropriate response.

The Home Office issued statutory guidance for the 2014 Act, which was updated in January 2021, to support agencies to make appropriate and proportionate use of the powers, when they target specific problems in a public setting, depending on the circumstances. In a similar vein, where these devices are misused and create a noise nuisance for members of the public, there are statutory protections in place to deal with such nuisance.

The potential impact of anti-loitering devices on children’s rights has been discussed. The UK Government regularly report to the UN Committee on the Rights of the Child on the work that we have been doing across the UK to implement the United Nations convention on the rights of the child and to promote children’s rights. The UN committee published a list of issues for the UK to report against early next year. One of these issues relates to anti-loitering mosquito devices and the measures taken to guarantee children’s right to freedom of movement and peaceful assembly.

The UK Government response will involve the input of a number of Government Departments and devolved Administrations, including the Crown dependencies and British overseas territories, and children’s rights stakeholders to record progress. I will ensure that my hon. Friend receives a copy of that response when it is issued.

In conclusion, I thank my hon. Friend for bringing this topic for debate today. It is really important that the Government continue to keep such issues, with wide-ranging interests and potential impacts, under close review, and I thank him for his dogged work in raising these concerns across Government. I would also like to reassure him, the hon. Member for Strangford (Jim Shannon), who is in his place today, and others that the Government will always take steps, where appropriate, to ensure safety and to protect the public.

Question put and agreed to.