Product Regulation and Metrology Bill [HL]

Report (2nd Day)

Clause 2: Product requirements

Amendment 15

15: Clause 2, page 2, line 43, leave out paragraph (k)

My Lords, this amendment, which is in my name, seeks to leave out Clause 2(2)(k), concerning authorised representatives. The introduction of an authorised representative is a critical concept, but this provision remains too vague and ill defined in the Bill. For businesses, this lack of clarity leads to uncertainty, especially when it comes to the exact role and responsibilities of an authorised representative. Businesses require certainty when it comes to compliance, and this uncertainty may hinder their ability to plan, operate or expand. By removing paragraph (k), we would eliminate potential confusion and ensure that businesses do not face unnecessary administrative burdens or legal risks.

Amendment 22 addresses the issue that these powers could allow Ministers to align UK law with EU regulations entirely or, conversely, to diverge from them in significant ways. Whether Ministers choose to follow EU rules or set our own course, these substantial decisions could have far-reaching implications for the future of UK businesses and consumers. What is particularly troubling, however, is that these decisions could be made through delegating legislation, which , as the DPRRC has stated, would be subject to only a relatively low level of parliamentary scrutiny.

We rehearsed these arguments in previous debates and I will not rehash them at length now. My noble friend Lord Frost addressed this point on the first day of Report and the risk of dynamic alignment with the EU through this Bill, which the Minister stated was not possible. However, he did not explain why, so I beg to move Amendment 15.

My Lords, as we have heard, the amendments in this group from the noble Lord, Lord Sharpe, would remove specific provisions from Clause 2, including a paragraph on authorised representatives; a subsection defining who product regulations apply to, which I do not think the noble Lord mentioned; and a subsection on environmental considerations before introducing regulations. We strongly oppose these changes, particularly as we emphasised in Committee the importance of environmental considerations for products. I remind the noble Lord, Lord Sharpe, that since the DPRRC’s report, the Government took on board Amendment 9 on the previous day on Report and undertook to issue statements, which have a statutory consultation process, before such regulations are laid. The idea that there is no accountability has been somewhat set aside so, with those provisions, we do not feel it is conducive to support these amendments.

My Lords, I am very grateful to both noble Lords for their contributions to this debate. The noble Lord, Lord Sharpe, was pushing for greater clarification, but accepting Amendments 15 and 16 would significantly impact our ability to update regulations protecting consumers from product-related risks. They would remove the parts of the clause that make it clear that we can introduce regulations on the range of different actors involved in supplying a product. Those actors may change from time to time and the whole construct of the Bill is to give us flexibility to reflect on changes that occur. Product regulations will have no impact unless they apply to the range of actors involved in producing, importing and marketing a product to consumers.

I will say again that, because of the extent of the existing product regulations, the breadth of Clause 2 is necessary to ensure that all matters involved in ensuring product safety can be covered adequately, now and in the future. On the noble Lord’s point about certainty for business, the flexibility that the Bill allows us is that we can respond to events as they happen. The obverse of that is further primary legislation would be required, which would introduce more uncertainty for business than the approach that we are taking.

We have always agreed on the need for guard rails in the Bill. Amendment 22, tabled by the noble Lord, Lord Sharpe, would remove one of the existing guard rails: the requirement at Clause 2(8) that the Government must have regard to the “social, environmental and economic” impact of making regulations which recognise provisions of EU law. We oppose removing this requirement. We are already amending the Bill to put more guard rails in place, including at Clause 2(3)(h) on the duties that can be imposed on particular actors. We are increasing scrutiny through the affirmative procedure whenever regulations seek to place requirements on new categories of actors in the supply chain for the first time. The affirmative resolution procedure will also apply product requirements are imposed for the first time on online marketplaces. We have also published a code of conduct that will set out the statutory and non-statutory controls in place to ensure that regulations made under this legislation are proportionate and evidence-based.

I thank the Minister very much indeed for his remarks. It was remiss of me earlier to not acknowledge again the fact that the Government have gone a long way to addressing what I was going to call the various complaints by the DPRRC, but that might be slightly overstating the case.

I would say to the noble Lord, Lord Fox, that consultation is, by definition, as I said earlier, a relatively low level of not necessarily parliamentary scrutiny, and the DPRRC was still not happy with the levels of scrutiny. But that is an argument we have already had and it has been dealt with in a reasonable way.

I appreciate the points that the Minister made, especially about responding to events as they happen. I am grateful that he has spent time with my noble friend Lord Holmes; that offers me a level of reassurance that the Government are listening on this and are aware of all the concerns that have been laid before them by the DPRRC and others. For that reason, I am content to withdraw my amendment.

Amendment 15 withdrawn.

My Lords, if Amendment 16 is agreed to, I cannot call Amendment 17 for reasons of pre-emption.

Amendment 16 not moved.

Amendment 17

17: Clause 2, page 3, line 7, at end insert— “(ca) a person who installs a product in the United Kingdom;”Member's explanatory statement This amendment clarifies that product requirements may be imposed on installers of products.

Amendment 17 agreed.

My Lords, if Amendment 18 is agreed to, I cannot call Amendments 19, 21, 22, 24, 32, 56 and 59 for reasons of pre-emption.