Clause 3 - Enforcement of product regulations

Product Regulation and Metrology Bill [Lords] – in the House of Commons at 6:07 pm on 4 June 2025.

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Amendment proposed, 24, page 5, line 16, leave out subsections (9) to (11).—(Dame Harriett Baldwin.)

Question put, That the amendment be made.

Division number 213 Product Regulation and Metrology Bill [Lords] Report Stage: Amendment 24

Aye: 165 MPs

No: 272 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 164, Noes 273.

Question accordingly negatived.

Third Reading

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade) 6:23, 4 June 2025

I beg to move, That the Bill be now read the Third time.

This Bill will help to preserve the United Kingdom’s position as a global leader in product regulation, supporting businesses, protecting consumers and ensuring a fair and level playing field across our economy, whether on the high street or on online marketplaces. It is designed to future-proof our approach to product regulation and metrology, ensuring that we can respond effectively to emerging technologies, tackle modern-day safety challenges and create the conditions for safe innovation and sustainable economic growth. By strengthening the system that underpins confidence in our goods market, we are reinforcing one of the core pillars of a productive and competitive economy.

As hon. Members will know, the majority of the UK’s product safety and metrology laws have their roots in EU legislation developed over the past 40 years. That framework served us well in many respects, but, of course, we have left the European Union, so we have a responsibility and an opportunity to tailor our rules to the UK’s own needs, circumstances and ambitions.

Photo of Laurence Turner Laurence Turner Labour, Birmingham Northfield

We have heard arguments today, as we did in Committee, that this measured Bill is some mysterious route back into the EU. Does the Minister agree that, far from discovering a Trojan horse, the Opposition are trying to flog a dead one and that their arguments have been made up on the hoof?

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

I give my hon. Friend 10 out of 10 for ingenuity. I have heard so many references to horses during the passage of the Bill that at times I felt I was at the Aintree racecourse. We can be clear that the Bill will not lead to dynamic alignment by default.

Photo of Christopher Vince Christopher Vince Labour/Co-operative, Harlow

We have heard a lot of myths about the Bill. The other myth that has been parroted is that the Bill will see the end of the great British pint. Does the Minister agree that actually it secures the great British pint? I look forward to enjoying one with him in the next few months.

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

Indeed, the Bill does secure the great British pint; thanks to an amendment in the other place, it will hopefully be enshrined in law. I look forward to joining my hon. Friend in enjoying one at some point in the not-too-distant future.

The pace of change in both consumer behaviour and product innovation is only accelerating. From connected devices and artificial intelligence to new materials and manufacturing methods, the nature of risk and regulation is constantly shifting. We must ensure that our regulators are equipped with the right tools to act quickly and proportionately so that we can both manage and harness the hazards and the economic potential of new technologies. The Bill provides the powers to do just that. It gives Parliament the ability to update and strengthen product regulation and legal metrology in a coherent, consistent way.

Photo of Adam Thompson Adam Thompson Labour, Erewash

Does the Minister agree that the Bill is instrumental in keeping the UK at the forefront of science internationally?

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

I thank my hon. Friend for his intervention—he has certainly got the measure of this Bill. [Hon. Members: “Oh.”] I will not give up the day job—and we will not have a Division on that, either.

This is a framework that supports businesses by reducing unnecessary burdens, supports consumers by keeping dangerous goods off the market and supports the UK economy by making our regulatory system more agile, more responsive and more transparent. In short, the Bill will help to ensure that every product on the UK market, whether made in the United Kingdom or imported from abroad, meets the expectations of safety, fairness and quality that the public rightly demand.

Photo of Gareth Snell Gareth Snell Labour/Co-operative, Stoke-on-Trent Central

The Minister rightly points out that the Bill will allow for new regulations to come on board to keep us safe, but the safety element of that comes about through the enforcement of those new rules. Can he say a little about the conversations happening across Government to ensure that our enforcement agencies are properly resourced to enforce the new regulations that are so vital?

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

My hon. Friend makes an important point. The Ministry of Housing, Communities and Local Government will be primarily responsible for enforcement at the local level, but the Bill also increases the powers of local trading standards to enforce measures.

The Bill affects the whole of the UK. We have worked closely and constructively with devolved Governments on policy development through regular engagement and throughout the Bill’s passage at both ministerial and official level. I therefore thank the devolved Governments, Ministers and their teams for working so constructively with us.

In Committee, we tabled an amendment that placed a statutory requirement on the Secretary of State to obtain the consent of the devolved Governments where regulations contain provisions within their devolved competence. We believe that provides for the most effective and appropriate role for the devolved Governments in a way that respects the individual devolution settlements. I am pleased to report that the Senedd passed a legislative consent motion for the Bill yesterday. I have also had constructive discussions with the Scottish Government and the Northern Ireland Executive, and both have recommended legislative consent to their respective legislatures. We will continue to work collaboratively with those bodies to develop product regulation that best supports businesses and consumers across the whole of the UK.

I will provide a quick recap of some of the changes made to the Bill by the Government since it was introduced last year, in addition to the devolution amendment, because there has been some misconception about what the Bill does and does not do. We have added a statutory consultation mechanism to ensure that stakeholders can shape product and metrology regulations. We have extended the affirmative procedure to parts of the Bill to further boost parliamentary scrutiny; for the avoidance of doubt, they are detailed in clause 13(4). The affirmative procedure therefore now applies to: the creation of criminal offences; the first use of regulations covering online marketplaces; the first time duties are imposed on a new supply chain actor; regulations conferring powers of entry, search or inspection; regulations to disapply requirements in response to an emergency; regulations covering the sharing of information between persons; regulations on cost recovery, which I have already referred to in my response to the intervention from my hon. Friend the Member for Stoke-on-Trent Central; regulations amending or repealing the Gun Barrel Proof Acts; regulations on consequential amendments to primary legislation; and regulations amending the definition of online marketplaces. As Members will be aware from the responses on Report, there were a number of reasons that we want flexibility with regard to online marketplaces, which we believe will develop in ways that we cannot predict.

I can confirm that aviation safety products are exempted from the Bill as they are covered in existing legislation.

The Government have published a code of conduct that sets out the statutory and non-statutory guardrails to ensure that regulation made under this legislation is proportionate and well designed. It is also worth addressing the criticism that this is a skeletal Bill and pointing out that the proportion of skeletal Bills tripled in 2016-2023 compared with 1991-2015. Indeed, in the former period, some 19 separate Bills were described as skeletal by the Delegated Powers and Regulatory Reform Committee.

Photo of Michael Wheeler Michael Wheeler Labour, Worsley and Eccles

Does the Minister agree that, far from being a skeletal Bill, this legislation provides an adaptable framework for product regulation and consumer safety?

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

My hon. Friend is right; indeed, this goes well beyond the measures in place when we were in the EU when it comes to parliamentary involvement. I will briefly refer to contributions made by hon. Members during the passage of the Bill.

I thank my counterpart in the other place, Lord Leong, for shepherding the Bill through the Lords, with support from Lord Hunt of Kings Heath. I also thank the hon. Member for West Worcestershire, who has been alongside us throughout the passage of this Bill in the Public Bill Committee. The hon. Members for Wokingham (Clive Jones), for Chippenham and for Richmond Park, who represented the Liberal Democrats in Committee and in the Chamber, are a trio that we will never forget. I hope that the short passage of this Bill is not a reflection of the high turnover in Liberal Democrat spokespeople—they have engaged with the Bill in a constructive manner.

I thank hon. Members who engaged in the Bill Committee and Sir John Hayes and my right hon. Friend Valerie Vaz, who chaired that Committee with great expertise. It is probably worth mentioning my hon. Friend the Member for Stoke-on-Trent Central again. He has championed the ceramics industry both today and on Second Reading, and we recognise his great contributions.

Finally, I pay special tribute to my hon. Friend Adam Thompson, who, as the first elected metrologist to this House, has brought a deeply technical and knowledgeable perspective to our debates, which we all appreciate—although I do not think we could ever be asked to take a quiz on the finer details of his work.

Photo of Adam Thompson Adam Thompson Labour, Erewash

On that point, could the Minister elaborate on how the Bill supports the advancement of British science?

Photo of Justin Madders Justin Madders Minister of State (Department for Business and Trade), Parliamentary Under Secretary of State (Department for Business and Trade)

I suspect that my hon. Friend would be far better at doing that himself. His speech on Second Reading was a fantastic example of how we explain legislation matters and practice. It is important that we have certainty and consistency in how we measure things and that we have a clear legislative framework for the measurements that underpins all science. He gave us a historical sweep of those issues when he spoke on Second Reading.

It is important for me to pass on my gratitude to all those officials who have supported us in the passage of the Bill, as well as the parliamentary staff who have enabled it to come through swiftly and smoothly. It will return to the other place for consideration of the amendments we have made in this place, and I am confident that—in the spirit of constructive scrutiny and co-operation that has characterised its progress so far—it will continue on its way. This legislation is an important step in strengthening our domestic regulatory regime and ensuring that it is robust, future-facing and fit for purpose in a post-Brexit economy. I look forward to working with colleagues in the other place to ensure that the Bill finally reaches the statute book as swiftly as possible.

Photo of Andrew Griffith Andrew Griffith Shadow Secretary of State for Business and Trade 6:36, 4 June 2025

Let me place on record my thanks to my hon. Friend Dame Harriett Baldwin, my right hon. Friend Mr Holden and my hon. Friends the Members for Bognor Regis and Littlehampton (Alison Griffiths) and for Chester South and Eddisbury (Aphra Brandreth) for their work in holding the Government to account on this Bill.

On Second Reading, I said that the Bill was the archetype of everything that is sometimes wrong with Westminster, but now, after months of debate in both Houses, I fear that it is even worse. In 2017, the now Prime Minister said that his party would respect the outcome of the referendum in which 17 million people voted to leave the European Union. Britain has now fallen victim to Labour’s EU surrender summit, giving up our fishing rights and our ability to make our own laws. I am happy to concede that this is no longer a Trojan horse of a surrender Bill, because it is now in plain sight. It is absurd that any Government would give up the power to shape our own regulations and meet the needs of our own consumers, electors and businesses. Those economies that will succeed in the future are those that are agile, that can adjust dynamically to events and that can tailor their own rulebook to their own particular needs.

While this Government’s track record is frankly disastrous, I still give them the benefit of the doubt when they say they wish for growth, but for the benefit of Labour Members—who I rather suspect have not read the detail of this Bill; they have been whipped into supporting it—let me spell out what it does. The dynamic alignment clauses in the Bill would mean that every time the EU tweaked its standards—shaped by the interests of 27 other states with their own different mix of businesses, often in competition with ours—Britain would have to follow suit. There would be no more bespoke trade deals around the world, as the Prime Minister and his team would be lame-duck negotiators, with the EU President holding the real strings. The Government boast of three trade deals in three weeks, but that is a hollow boast when not a single one is backed up by any detail. The Trade Secretary, who is noticeably absent today, is no doubt trying to make true what his Prime Minister has already announced. The Paymaster General confirmed to me in a written answer this afternoon that British businesses, exporters, travellers and tourists will not benefit from e-gates, as we were promised. Yet the Government, in all their naivety, are legislating to hand control of our product regulations back to Brussels.

At every stage of scrutiny, this Bill has been found wanting. The mild-mannered Delegated Powers and Regulatory Reform Committee in the other place delivered an uncharacteristically scathing rebuke, branding it a skeleton Bill that grotesquely shifts legislative power from Parliament to Ministers. It shackles British businesses, already bleeding out, to EU standards, stifling innovation. It is a solution in search of a problem, and under the Bill—under the measures being brought forward by the Government today—there is no room for the sort of robust scrutiny that we were sent here by our constituents to do, and no accountability. It is all in the hands of Ministers who keep breaking their promises.

Let us be clear: Labour’s pattern of broken promises does not just set Britain back; it erodes the trust that people have in politics. This House has a duty to restore faith in our democracy, to protect our hard-fought sovereignty and to say no to the overreach of blank-cheque ministerial powers, such as those in the Bill. This House must tonight reject the Bill, as we will seek to do, to stop the Government from forsaking Britain’s ability to carve and determine its own future.

Question put.

The House proceeded to a Division.

Division number 214 Product Regulation and Metrology Bill [Lords]: Third Reading

Aye: 272 MPs

No: 98 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House having divided: Ayes 264, Noes 99.

Question accordingly agreed to.

Bill read the Third time and passed, with amendments.