Product Regulation and Metrology Bill [Lords]

Sarah Olney Excerpts

2nd reading
Tuesday 1st April 2025 Commons Chamber

[Clive Jones]

Sorry. The Secretary of State is right when he talks about us needing to keep up with EU regulations. We definitely need to do that.

Despite the potential in this Bill, unfortunately it contains very little actual policy. It relies far too heavily on secondary legislation, which limits opportunities for parliamentary scrutiny and provides little clarity on what the Government actually intend to do with the powers they are giving themselves. The Bill hurls us into a hokey-cokey trade policy in which, at Ministers’ political whims, we can stick ourselves into aligning with the EU just as easily as we can throw ourselves out of it all over again if another Government decided they wanted to do that. It will also hurt business confidence, because the underlying regulations of our country can be easily altered without the appropriate levels of scrutiny from Parliament.

Taking a step back from the issue of EU alignment, this principle can apply across any of the areas that this Bill seeks to regulate. It is developing opaque mechanisms on which the Government expect us to trust them to do better. However, Government Members must contend with the fact that they will not be there forever. All the potentially positive things they could do with this legislation could be reversed or made worse by a different Government.

It is at this point that I must recognise the excellent work of the Liberal Democrat peers. For example, a Lib Dem lord introduced an amendment that protected the use of the unique British pint measurement, ensuring that the Bill could not prevent or restrict its use for beer, cider, or milk in the iconic pint bottle. Liberal Democrat peers pressed the Government to introduce stronger protections against lithium-ion batteries, and a Liberal Democrat peer also ensured that the Government included an important amendment that requires the Secretary of State to publish a statement setting out how the Government expect to identify and assess product safety risks before legislation is laid. Put simply, this will ensure greater scrutiny of regulations that are designed to make products safe.

Despite those improvements, the Bill is still ultimately a skeleton framework that shifts legislative authority from Parliament to the Executive without the necessary level of scrutiny. Many great Ministers agree with me that skeleton Bills are the wrong way to deliver legislation. In fact, in 2023—a mere two years ago—one shadow Minister stated that such Bills were not

“a model example of how Parliament would like to see legislation brought forward”,

and that we should be minimising

“the use of delegated powers where possible”.—[Official Report, 18 January 2023; Vol. 726, c. 409.]

I agree with that then shadow Minister, the hon. Member for Ellesmere Port and Bromborough (Justin Madders), who is now sitting next to the Secretary of State who has brought forward today’s Bill. I am sorry that he does not agree with himself any more.

I also note the assurances that the Government gave to my Liberal Democrat colleagues in the other place that a process for editing statutory instruments will be brought forward. We will be pushing for details of that pre-legislative consultation as the Bill progresses through the Commons. Any Government will say that they are acting in our best interests, but all of the things that this Bill could do—such as enhance consumer safety, reduce trade barriers and build an economy fit for the future—could be undone at the stroke of a pen. That is a pen that Parliament should hold, not Ministers.

[Sarah Olney (Richmond Park) (LD)]

The use of hazardous chemical flame retardants in domestic furniture has been criticised by the Association of Master Upholsterers and Soft Furnishers and in a 2019 Environmental Audit Committee report, because those chemicals have been shown to cause more toxic smoke, increase the production of carbon monoxide and hydrogen cyanide and increase the prevalence of health conditions, including developmental disorders, breathing difficulties and reproductive disorders. As this Bill would provide the Government with more powers to act on that issue, does my hon. Friend agree that Ministers should outline how the Government plan to address the dangers associated with CFRs?

[Clive Jones]

I agree with my hon. Friend, and I hope that Ministers will address her question—if they heard it. The Bill makes it possible for the Government to use those new powers, and that would be a good place for them to start.

The Minister in the other place stated that this Government are not looking to reduce consumer protections. However, what measures in this Bill make sure that parliamentary scrutiny cannot be bypassed to weaken those protections? The skeletal nature of the Bill also makes clear what is missing—the very heart of our changing economy is nowhere to be seen.