Product Regulation and Metrology Bill [Lords] (Third sitting)

Debate between Richard Holden and Aphra Brandreth
Aphra Brandreth Portrait Aphra Brandreth (Chester South and Eddisbury) (Con)
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It is a pleasure to serve under your chairmanship, Ms Vaz. I rise in support of new clause 2, which would be an essential and constructive addition to the Bill. It sets out a clear, common-sense purpose to ensure that any actions taken under the Bill not only improve product regulation and metrology but ensure that we do so while upholding the United Kingdom’s regulatory autonomy and competitiveness.

Some members of the Committee may ask why a purpose clause is necessary, but I argue that the new clause would do something quite fundamental. It would place sensible and proportionate boundaries on what is otherwise a very broad piece of legislation. In other words, it would limit the scope of the Bill. Without something like this, Ministers will effectively be handed sweeping discretion to use the powers in any number of ways, possibly including alignment with EU rules without full parliamentary debate or scrutiny. We all want regulation that works in the UK’s interests, but we must also ensure that those decisions are made here, transparently and with proper oversight.

Richard Holden Portrait Mr Richard Holden (Basildon and Billericay) (Con)
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Is the new clause not particularly important because of the unprecedented criticism in multiple reports from the DPRRC in the other place? That criticism calls into question the many issues that my hon. Friend raises, so there is an extra onus on the Government to accept new clause 2.

Aphra Brandreth Portrait Aphra Brandreth
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Absolutely. My right hon. Friend makes a very important point. These are real concerns that were raised in the other place, and I will explain why we need to make sure that the new clause is accepted. It would put the principle on the face of the Bill that we should make these decisions transparently and with proper oversight. The new clause says clearly that the Secretary of State must exercise these powers in a way that strengthens, not weakens, our autonomy and competitive standing. Surely we can all agree that is what our constituents understandably want.

The new clause would also set a standard for the quality of regulation. It would make it clear that Ministers must consider how to maintain a high-quality regulatory framework, rather than acting hastily or in a piecemeal way. That would be good not only for consumers but for businesses, which need clarity, certainty and consistency.

The new clause would not block progress or prevent co-operation with our international partners. It would simply ensure that major decisions are guided by the core principles of autonomy, competitiveness and quality, and that they are not taken behind closed doors with minimal oversight, so I am sure that Government Members will want to support it. After all, if they believe in transparency, parliamentary sovereignty and maintaining high standards, why would they not support putting those principles clearly on the face of the Bill? If not, we are left to ask whether there is a deliberate ambiguity. Do they not wish to say where they stand on automatic EU alignment or on Parliament’s proper role in scrutinising decisions?

In a previous sitting, I raised concerns about the ambiguity that runs through the Bill. That ambiguity does little to build trust, whether among businesses, consumers or the wider public. If Government Members support alignment by default, let us have that debate—let us hear the case for it in full view, with the transparency that our constituents expect—but if that is not their intention, and if they share our concerns about decisions being made behind closed doors without clear checks, they should back the new clause. It provides a clear, reasonable and proportionate safeguard.

New clause 2 would not create obstacles; it would create accountability. It sets out guiding principles where—let us be clear—they are needed. That is why I believe it deserves the Committee’s support.

Product Regulation and Metrology Bill [ Lords ] (First sitting)

Debate between Richard Holden and Aphra Brandreth
Alison Griffiths Portrait Alison Griffiths
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My right hon. Friend makes a very important point. The future of successful economic growth is dependent on not just new industries, but ensuring that traditional industries, and both large and small businesses, can thrive and prosper in a post-Brexit scenario.

Amendment 17 would align the Bill with the pro-growth agenda and send a clear message to investors and innovators: Britain is open for business.

Aphra Brandreth Portrait Aphra Brandreth
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I will speak very briefly on amendment 17. The watchword of this Government has been, supposedly, growth. That is supposed to be the driving force behind legislation and policy, yet they have clearly introduced measures that have done nothing to support growth, and the Bill risks being another stumbling block to continuing the path of recovery—a recovery that the Government actually inherited, with the UK the fastest-growing economy in the G7.

The Opposition have sought to constructively improve the Bill through the amendment, which would ensure that the Government focus on growth. These are sensible and important provisions to promote investment and to foster innovation.

I am sure that Labour Members want to encourage economic growth. Supporting businesses is the way to do that. Empowering them—rather than prohibiting them with regulation and red tape from Brussels—should be central to achieving growth. There are huge opportunities and markets out there for the UK to seize. We must ensure that trade and national policy are as one, supporting job creation, innovation and competition. We need clarity and assurance from the Government that they understand the potential impact of dynamic alignment and the damage that that could do to the economy.

When have legally binding powers achieved growth? When has ambiguity in what businesses should expect and in their operating conditions delivered growth? The truth is that it does not. Businesses need clarity and confidence, and this skeleton Bill does not deliver that. If Labour Members really want—as they say they do—to see growth, I am sure they will want to support the amendment. As my hon. Friend the Member for West Worcestershire pointed out, the Government’s actions so far have seen GDP per capita shrinking and business confidence plummeting.

Richard Holden Portrait Mr Holden
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The Bill makes it clear that the Government are keen on dynamic alignment with the European Union wherever possible. That is why the amendment is so important, because it points to what the Government should be doing. Rather than aligning with the European Union and tacking behind it on every issue, the amendment pushes for growth in this country, to deliver jobs for people in my hon. Friend’s constituency and mine. My hon. Friend the Member for West Worcestershire mentioned our need to embrace the business of the future, but we must also look to where we can drive forward areas that have been particularly left behind in recent years with traditional industries and sectors.

Product Regulation and Metrology Bill [Lords] (Second sitting)

Debate between Richard Holden and Aphra Brandreth
Aphra Brandreth Portrait Aphra Brandreth (Chester South and Eddisbury) (Con)
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It is a pleasure to serve under your chairmanship, Ms Vaz. I rise to speak in support of the Opposition amendments, which are not just minor textual tweaks but go to the core of how we manage product regulations now that we have left the European Union.

Amendment 20, which proposes replacing the word “EU” with the word “foreign” in the relevant provision, might seem like a small change on the surface, but it is very important. Focusing only on EU law in this context risks narrowing our horizons at a time when we have been trying to broaden them. Since leaving the EU, the UK has made real efforts to strike up new trade relationships and to move in ways that enable us to take advantage of fast-growing global markets, not just the one on our doorstep.

Richard Holden Portrait Mr Richard Holden (Basildon and Billericay) (Con)
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The context is that, despite its massive expansion since 1990, the EU’s share of global GDP has halved from 30% to just above 15%. That is why the amendments, along with our earlier amendment on growth, are clearly in favour of the UK’s future as a global trading power.

Aphra Brandreth Portrait Aphra Brandreth
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My right hon. Friend makes an important point. Of course we need to think about the EU, but we also need to think more widely and broadly, and look at the opportunities across the globe. A good example of that is, as my hon. Friend the Member for West Worcestershire rightly pointed out, our accession to the comprehensive and progressive agreement for trans-Pacific partnership. That is a major economic partnership with Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. To join the CPTPP, the UK underwent a comprehensive review to ensure that our domestic regulations were compatible with those of its members. That progress was possible because we were no longer locked into EU rules.

We need to be careful here. If the Bill’s powers allowed us to simply fall back into alignment with EU laws through dynamic alignment, we would end up undoing the very advantages that regulatory independence has given us. That is why amendment 6 is so important: it would make sure that if we chose to align with any foreign law, EU or otherwise, it would be to the version of that law as it exists on a specific date, not as it may evolve in the future. In other words, we keep control: we know exactly what we are aligning with and we do so deliberately. As the Opposition continue to stress, the Bill clearly indicates a move towards dynamic alignment with the EU without oversight. It is clear that the intention is to see our regulations automatically change every time the EU updates its regulations.

Dynamic alignment would bring businesses uncertainty by requiring continuous adjustments, and such changes might require businesses to adapt and potentially bear the costs of the changes. As was pointed out in debates in the other place, EU rules are not always made with our economy in mind. They are sometimes protectionist, or designed to benefit specific interests in the single market. We must be sure that the Bill does not jeopardise any progress we have made with new partners, or tie us to a regulatory environment that is not in our best interests. Dynamic alignment would effectively mean outsourcing decisions about UK product standards to a foreign body. That does not sit well with the principle of parliamentary sovereignty and, frankly, does not give British businesses the clarity or stability that they need.

Finally, amendment 22 would add a simple but important safeguard: it would require the Secretary of State to publish an explanatory statement if the Government plan to base regulations on the law of just one foreign market. It is a transparency measure. If we are going to align UK rules with those of another country or bloc, the public and Parliament deserve to know why that is the right course of action. The amendment would help to ensure that decisions are made in the national interest and, importantly, that they are properly scrutinised.

I ask again why Ministers are so unwilling to explain their decisions. Why would they not want transparency? If their decisions are in the public interest, they surely would not have any issue with supporting amendment 22 and agreeing to publish an explanatory statement in relevant cases. The Government have argued that clause 2 provides flexibility and continuity. I understand that perspective, but flexibility should not come at the expense of democratic oversight, and continuity should not mean quietly reverting to rules that we have worked hard to move beyond.

The amendments in this group would not prevent alignment where it is helpful; they would ensure that alignment is clear, accountable and firmly in our control. That is a balanced approach that recognises the opportunities of global trade while respecting the sovereignty of this House. I hope the Committee will support the amendments.