Lord Leong:

Moved by Lord Leong

That the draft Regulations laid before the House on 13 October be approved.

Relevant document: 39th Report from the Secondary Legislation Scrutiny Committee

My Lords, I note the regret Amendment tabled by the noble Baroness, Lady Hoey, and will respond to the points raised. However, I will first outline the context of this instrument, which was laid before the House on 13 October 2025. This instrument relates to radio equipment, which encompasses a broad range of products, including smartphones, laptops, fitness tracking devices and other connected or small devices. Under the Windsor Framework, the Radio Equipment Directive 2014/53/EU continues to apply in Northern Ireland, ensuring dual access to both the UK internal market and the EU single market. In 2021, the European Commission adopted Delegated Regulation (EU) 2022/30, which supplements the Radio Equipment Directive and introduces additional essential requirements for certain categories of radio equipment.

The additional essential requirements applied to internet-connected radio equipment, including consumer connectable electronics and smart devices. Such equipment must be constructed in a way that protects networks, safeguards users’ personal data and privacy, and prevents fraud. Furthermore, radio equipment, whether internet-connected or not, that is covered by the EU toys directive and is intended for childcare or is wearable on the body must also be constructed so that it protects user data and privacy.

These requirements took effect on 1 August 2025 and already apply in Northern Ireland. Therefore, this instrument seeks only to ensure effective implementation and enable enforcement by amending the UK’s Radio Equipment Regulations 2017 as they apply in Northern Ireland. These regulations implemented the radio equipment directive in UK law and apply across the whole of the UK, though some provisions apply differently in Northern Ireland.

I will now outline how this instrument meets its purpose. The UK’s Radio Equipment Regulations 2017 set out essential requirements for radio equipment before it can be placed on the market. This instrument adds the additional essential requirements mandated in Commission Delegated Regulation (EU) 2022/30 to the UK’s Radio Equipment Regulations 2017 as they apply to Northern Ireland and enables enforcement. Manufacturers must undertake appropriate conformity assessments. The European Commission recognises three technical standards that address cyber requirements which manufacturers may use voluntarily to demonstrate compliance.

The Radio Equipment Regulations 2017 already make it an offence to supply or place non-compliant radio equipment on the market. By adding new essential requirements to the regulations as they apply in Northern Ireland, this instrument extends the scope of that existing offence.

The Northern Ireland Department of Justice has confirmed that this extension is proportionate and will not adversely affect the criminal justice system. Enforcement bodies will continue to act in line with the regulators’ code. We expect that in almost cases compliance will be achieved through engagement and support without recourse to criminal penalties.

I want now to address the regret amendment tabled by the noble Baroness, Lady Hoey, which relates to public consultation and the impact on small businesses. As explained, the requirements of Delegated Regulation (EU) 2022/30 already apply in Northern Ireland, so this instrument simply enables enforcement and ensures effective implementation in line with our legal obligations under the Windsor Framework.

My officials have engaged with industry groups and trade associations representing businesses of varying sizes and anticipate little, if any, impact on the flow of goods moving from Great Britain to Northern Ireland. This is because many UK businesses, already in scope of the requirements of the Commission Delegated Regulation (EU) 2022/30, supply the EU market as well as the UK market and have already taken steps to comply.

Additionally, manufacturers of CE-marked, EU-compliant radio equipment can continue to place those products on the GB market, meaning that the same CE-marked products can be placed in the whole UK market. As is already the case, relevant consumer products that connect to the internet or network will need to comply with the UK’s existing Product Security and Telecommunications Infrastructure—or PSTI—Act regime, which came into effect in April 2024.

Manufacturers in Northern Ireland producing qualifying goods in scope of Commission Delegated Regulation (EU) 2022/30 continue to benefit from unfettered access to the rest of the UK market, as set up in the United Kingdom Internal Market Act 2020. Manufacturers of qualifying NI goods can therefore continue to have full dual market access. While we expect impacts to be very limited, we will continue to monitor the functioning of the internal market.

We are providing support to industry to comply with these new requirements. The Office for Product Safety and Standards published a factsheet for business earlier this year on the Commission’s delegated regulation, which was welcomed by industry and will provide further guidance to assist businesses to comply with this instrument. I hope this provides reassurance that the expected impacts of this instrument are minimal and have been appropriately considered, and that support for business has been provided.

In summary, this instrument enables the effective implementation of Commission Delegated Regulation (EU) 2022/30 in Northern Ireland by amending the UK’s Radio Equipment Regulations 2017. This ensures effective implementation, enables enforcement and ensures compliance with international law, which facilitates Northern Ireland’s continued unique dual market access. I beg to move that this regulation be approved by the House.