Product Regulation and Metrology Bill [HL]

Third Reading

16:05:00

My Lords, as noble Lords will know, this Bill affects the whole of the United Kingdom. We have been engaging constructively with the devolved Governments throughout its passage. Although their consent has not yet been provided, we are hopeful of securing legislative consent from Scotland, Wales and Northern Ireland. It is not unusual for issues related to legislative consent to be resolved in the second House, and we hope to be able to have more to say in the other place—we will of course keep noble Lords updated on this.

16:06:00

Motion

Moved by

That the Bill do now pass.

The Product Regulation and Metrology Bill will preserve the UK’s status as a global leader in product regulation. It creates a level playing field between the high street and online marketplaces, supporting businesses and protecting consumers. It grants necessary powers to adapt to modern-day safety issues and technological innovation, and to safeguard businesses and consumers from emerging risks. This Bill is not the same one that entered this House. We have listened carefully to the concerns of all Peers and have proactively made changes in relation to consultation and the use of the affirmative procedure and Henry VIII powers. We have also provided further clarity on definitions in the Bill. Furthermore, the Government have published a code of conduct that sets out the statutory and non-statutory controls in place to ensure that regulation made under this legislation is proportionate and evidence based. It is fair to say that the Bill has given rise to some interesting debates, passionately and expertly argued by noble Lords across the House. Particularly, I thank my noble friend Lord Hunt of Kings Heath, whose support during these debates has been invaluable; the noble Lord, Lord Sharpe, for his forthright scrutiny of the Bill, made with his customary charm and good humour; and the noble Lord, Lord Fox, for his extensive engagement on the Bill. He, along with the noble Lord, Lord Foster, and the noble Baroness, Lady Brinton, have been crucial in getting the Bill to where it is today. I also thank the noble Lord, Lord Lansley, for his engagement on the Bill, particularly on standard essential patents. I am glad I have been able to reassure him. I thank the Constitution Committee and the Delegated Powers and Regulatory Reform Committee, past and present, for their reporting on the Bill, as well as the thorough grilling they gave me and Minister Justin Madders in October last year. I extend my gratitude to the Bill team and the officials supporting the passage of the Bill, as well as the parliamentary staff and those in my private office, who are instrumental in the continued smooth running of this House. As we send the Bill to the other place, I believe we do so having fulfilled our role as a scrutinising Chamber with diligence and care. I beg to move.

My Lords, I thank my noble friends Lord Hunt, Lord Sandhurst, Lord Frost, Lady Lawlor, Lord Jackson and Lord Lansley for all their contributions and for raising very important issues throughout the discussions on the Bill. I also thank the noble Lords, Lord Leong and Lord Hunt of Kings Heath, for their openness, collaborative approach and humour—it was very much appreciated. On these Benches, we take pride in having pushed not only the Government but even the Liberal Democrats —yes, even them—to acknowledge the importance of protecting the pint. Although they were initially resistant, they eventually recognised its value, and we have ensured that the pint will remain untouched. As the noble Lord, Lord Leong, noted, the Government made some welcome concessions on this Bill, such as the introduction of a requirement for consultation—a very welcome step. However, as highlighted by the Delegated Powers and Regulatory Reform Committee and the Constitution Committee, this remains a skeleton Bill. We think it grants excessive power to the Executive with insufficient parliamentary scrutiny. Whether it is the affirmative procedure or, as once proposed by the noble Lord, Lord Hunt of Kings Heath, the super-affirmative procedure, we will still advocate for greater parliamentary oversight. The question of dynamic alignment with the EU remains unanswered yet ever more topical. When my noble friend Lord Frost raised the issue, the Government could not rule out as a fact that the Bill could lead to dynamic alignment with the EU. We still do not think this is a good Bill, but it is much improved. It not only allows for alignment with the EU but risks overregulation, and we confidently suspect that the lawyers will be busy for a while. But it would be churlish to finish on that note, so I once again thank noble Lords opposite for their incredible work on the Bill. I also thank their officials, who often go unremarked in these matters, and our research team led by Henry Mitson, and in particular the indefatigable Abid Hussain, for their enthusiastic and extensive help.

My Lords, the speeches on this Bill have probably been exhaustive. I make just one observation: it appears that the noble Lord, Lord Sharpe, has had one pint too many as far as this debate is concerned. This Bill turned out to be more exciting than its name promised. It has been an interesting process going through it. I thank the Ministers, the noble Lords, Lord Leong and Lord Hunt of Kings Heath, for their good humour—I agree with the noble Lord, Lord Sharpe, on that—their levels of engagement and the engagement from the Bill team and the political office, which helped us fashion this Bill. I thank the noble Lords, Lord Sharpe and Lord Hunt, and their Back-Bench posse, for making the debates on this Bill so interesting. I also thank Cross-Benchers for their support, who made some important interventions. Special thanks go to my noble friends Lady Brinton, Lord Foster and Lord Redesdale, and a big thank you to Adam Bull, who was our legislative support officer and supported us ably. Your Lordships have shown great interest during this debate in the affirmative process and legislative scrutiny, so I look forward to seeing all of you in Grand Committee when the statutory instruments arrive.

My Lords, so that we do not gloss over the constitutional aspects of this Bill, I remind my noble friend that, when he said that he appeared before the Delegated Powers and Regulatory Reform Committee last October, that was the first time in the three years that I was a member of the committee that we ever summoned Ministers, because we were so disturbed by the Bill’s transfer of powers from Parliament to Ministers. I am very pleased to see the Attorney-General here, because it is his job to stop this kind of thing turning up in Bills. I am not blaming anybody for this one; it is early days and he has plenty of time to get going, but he must be firm that this Bill went too far. This has been debated before in this House. We have to watch it at our peril, because there has been a massive transfer in the last few years of powers from Parliament to Ministers, and it has gone too far.

My Lords, I also thank the Minister and his officials for their considerable time, patience and responsiveness as we have raised issues during the Bill. I will briefly note three things. I hope the Minister and his colleagues in the other place will look at Clause 1, because this Bill should be about product safety but does not mention it. It does not say that products should be safe, even though it repeals and replaces Section 11 of the Consumer Protection Act 1987, which does. I hope they might still look at the purpose, so that Clause 1 says that one of the purposes should be that products should be safe, such that risks associated with their use are minimised or mitigated. That would be much clearer for those reading the Bill.

16:15:00

I want to thank the Minister twice, once for keeping all options on the table. He mentioned the ongoing review of standard essential patents; keeping options on the table, including limitations on the use of injunctive relief and alternatives to the use of injunctions; and, as he has said, that, when consultation is concluded, Ministers will seek an early legislative opportunity to implement standard essential patent reforms. That is welcome, as is his commitment on Report to continue the review of product liability, especially in respect of online marketplaces, which of course this Bill touches on substantially; and the fact that, once that is concluded, Ministers will look to legislate in parallel with the implementation of the EU’s product liability directive in Northern Ireland, hopefully by the end of 2026. So I express my warm thanks to him. I am sure that will be very much to the benefit of consumers, which is what this is all about.

I thank all noble Lords who have just contributed, and I thank my noble friend for his friendly advice. We have taken the Bill from its early state to where it is today, and obviously it will now go to the other place. I am sure that the noble Lord is right: there will be further deliberation on the Bill, and hopefully we will get it to a better place.

Bill passed and sent to the Commons with amendments.