Radio Equipment (Amendment) (Northern Ireland) Regulations 2024

Considered in Grand Committee

16:31:00

Moved by

That the Grand Committee do consider the Radio Equipment (Amendment) (Northern Ireland) Regulations 2024. Relevant document: 4th Report from the Secondary Legislation Scrutiny Committee

My Lords, I begin by setting out the background to this instrument. The radio equipment directive—directive 2014/53/EU—establishes a framework of regulatory requirements for specific categories of electrical and electronic equipment that are placed on the EU market or put into service in the EU. When we were in the EU, the UK’s Radio Equipment Regulations 2017 implemented the radio equipment directive in domestic law on a UK-wide basis. In November 2022, the EU formally adopted the common charger directive, which amended the radio equipment directive. The common charger directive requires, among other things, a common charging solution—based on USB-C—for smartphones and certain other portable electronic devices that use wired charging from December 2024, and for laptops from April 2026. To provide for its continued unique dual access to the UK internal market and the EU single market, certain EU legislation continues to apply in Northern Ireland—including the radio equipment directive, under the terms of the Windsor Framework. This instrument will therefore amend the UK’s Radio Equipment Regulations 2017, in order to implement these latest changes in Northern Ireland and enable them to be legally enforced. Before I move on to the specific detail of the instrument, I want to explain at the outset that this instrument is expected to have a limited impact in practice. The reason for this is that many manufacturers have already moved to USB-C to continue to supply the EU market. As a result, USB-C has, in effect, already become the industry default in Europe. The industry tells us that it is also using USB-C for devices supplied for the whole of the UK in order to avoid supply chain complexity. Devices that comply with common charger requirements will also be able to be legally placed on the GB market. So we consider it highly likely that the same devices with USB-C charger ports will be available across the whole of the UK. I also want to explain that the common charger measures aim to reduce environmental waste, increase consumer convenience and save money for consumers, as they will not need to buy separate chargers for each device. We consider that it would potentially help businesses, as well as deliver consumer and environmental benefits, if we were to introduce similar standardised requirements across the UK. We have, therefore, launched a call for evidence at the same time as laying this instrument before the Committee. The implementation of common charger measures in Northern Ireland also ensures our compliance with international law, which facilitates Northern Ireland’s continued unique dual access to both the UK internal market and the EU single market. Having set out the context, I will now move on to the detail of the instrument. This instrument introduces new regulatory requirements for specific categories of electrical and electronic equipment that use wired charging and are placed on the Northern Ireland market. It amends the Radio Equipment Regulations 2017 to provide for the following: simplified charging whereby USB-C will be the common charging port, meaning that one charger will work for multiple devices and bringing cost savings and environmental benefits; standardised fast charging technology, meaning that charging speed is the same when using any compatible charger for a device; unbundling the sale of a charger, meaning that consumers will have the option to purchase new devices without a charger, thereby reducing electronic waste and costs; and additional visual and written information about charging characteristics, the power the device requires and whether it supports fast charging, thereby improving the information available to consumers. This will help consumers understand whether their existing chargers meet new devices’ requirements and help consumers select compatible chargers. The common charger measures will apply to certain categories of handheld devices, including smartphones that use wired charging, from 28 December 2024, and to laptops from 28 April 2026. I turn to offences and enforcement. Offences will be amended to cover the common charger requirements already mentioned, including to ensure that consumers are offered the choice of purchasing specific categories of electrical and electronic equipment without a charging device if they wish; and that the equipment is accompanied by visual information showing whether a charging device is included. However, I assure noble Lords that enforcement authorities will continue to take a proportionate approach to compliance and enforcement activities in accordance with the Regulators’ Code. In almost all cases, we expect that, by working with and supporting businesses, compliance will be achieved without recourse to the use of criminal penalties. The Northern Ireland Department of Justice has confirmed that it considers that the offences provided for by this instrument are consistent and proportionate, and will have no negative effect on the criminal justice system in Northern Ireland. We are taking action to help industry with these new requirements. My officials in the Office for Product Safety and Standards will provide industry guidance to ensure that businesses have the information they need on how to comply with the new requirements. My officials are also liaising with the Northern Ireland district councils, which are responsible for enforcing the Radio Equipment Regulations in Northern Ireland, ensuring that they have all the necessary information they require in order to do so. With USB-C charging becoming the industry default, in effect, it is the Government’s view that, by providing regulatory certainty, it would potentially help UK businesses and deliver consumer and environmental benefits if we were to introduce similar requirements across the whole of the UK. We therefore launched a call for evidence at the same time as laying this instrument in the House. We expect this instrument to bring consumer and environmental benefits in Northern Ireland. It also ensures our compliance with international law, which facilitates Northern Ireland’s continued dual access to the UK internal market and the EU single market. I am pleased to commend these draft regulations to the Committee. I beg to move.

My Lords, I thank the Minister for her helpful explanation. This is an important legislative instrument to regulate electronic devices in Northern Ireland. It implements the common charger directive, which in turn amends the existing radio equipment directive 2014/53/EU. The purpose now is to standardise the charging solutions for electronic devices, ensuring that they use a common USB-C charging solution. It aims to improve consumer convenience, reduce electronic waste and streamline the tech ecosystem across the EU and Northern Ireland. At face value, the intention behind these changes should benefit consumers by simplifying charging and reducing the environmental impact of electronic waste, but the question remains: what will be the effect on UK businesses, particularly small and medium-sized enterprises, of complying with them? The Government assert that these changes will support innovation and enhance consumer choice. That will be good if it is the effect but the impact on businesses, particularly smaller ones, must be carefully considered. What will be the impact on production costs in particular, and thence on competition? The Government have announced that they intend to include provisions in the Product Regulation and Metrology Bill to allow Ministers to amend the Radio Equipment Regulations 2017 to a similar end. It is crucial that the findings of the Government’s call for evidence on radio equipment, which began at the beginning of October, are published before any further action is taken in this jurisdiction. The Government must ensure that any regulatory framework proposed is evidence-based. In considering whether these common charger regulations should be rolled out further across the United Kingdom, it is essential first to assess the impact on businesses, particularly SMEs. Costs related to product redesign, new testing requirements and potential delays in getting products to market could harm competition. We must first be confident that the benefits of this charging standardisation outweigh any burdens placed on manufacturers in this country. Furthermore, the regulations introduce stricter penalties for businesses that fail to comply with the new rules. These include possible imprisonment. The exact terms of these penalties have not yet been fully clarified. Given the scope of the changes and the potential for confusion about what constitutes full compliance, the Government must first ensure that the enforcement mechanisms are clear in order to ensure fairness.

My Lords, this is yet another example of Northern Ireland being subject to EU laws under the Northern Ireland protocol and Windsor agreement so, first, I declare that I remain 100% opposed to the Windsor Framework and the protocol. I will ask the Minister a few questions but, before that, I should say that many chargers on the market are extremely dangerous. They are coming in from abroad and have been responsible for setting fire to many properties, so I believe that these chargers should be regulated. Having said that, does this instrument apply to Great Britain? If it is so important in Northern Ireland, why has it not been rolled out across the rest of the United Kingdom? Also, who will be responsible for enforcement? Will the prosecutions apply to the manufacturer, the distributor or the retailer? Because the instrument will apply to just Northern Ireland, will these chargers have to be stamped with something like, “Suitable for use only in Northern Ireland”? This will add to the cost. At present, British Telecom is installing new digital telephones in Northern Ireland, but these will not be able to contact the emergency services if there is a power cut. There is a battery, which will last for one hour; after that, they will not be able to contact the emergency services unless they are attached to a battery or a charger. Will this instrument also apply to chargers for these phones so that elderly people can contact the emergency services?

My Lords, further to what my noble friend Lord Browne mentioned, when the United Kingdom left the European Union we were told that we left as one. When the votes were counted and it was said that in Scotland and in Northern Ireland people were against leaving, we were told, “No—we left as one”. This is another example of how that statement is not true. How could we have left as one when the Explanatory Note says: “The Windsor Framework requires that the European Union … legislation listed in its Annex 2 is implemented in Northern Ireland”? Surely this is another example of how the Windsor Framework and the protocol differentiate Northern Ireland from the rest of the United Kingdom. It is another example of regulations that are placed on Northern Ireland, over which Northern Ireland’s elected representatives or even this Parliament have no authority but a foreign jurisdiction, the EU, says it must be done.

16:45:00

The Explanatory Memorandum says at paragraph 9.1:

“A full Impact Assessment has not been prepared for this instrument because measures resulting from the European Union (Withdrawal) Act 2018 are out of scope of assessment”.

However, it is not out of scope of assessment for the European Union, because the memorandum goes on to say:

“However, based on an analysis of the impact assessment for Directive (EU) 2022/2380 prepared by the EU Commission, the impacts of this instrument are expected to be de-minimis”.

Note that it does not say “will not be” but that they are “expected to be” de minimis. Therefore, the EU is saying that, and we just take its word.

Will the Minister tell the Committee whether that is an acceptable position, and could she please tell noble Lords how this strengthens and enhances Northern Ireland’s position within the United Kingdom? The United Kingdom Government are not making this impact assessment; it is the EU, over which Northern Ireland’s people—its electorate or representatives—have no authority, no representation in it, and no say. I strongly object to that. Again, as the Explanatory Note says, the Windsor Framework requires that the European Union legislation listed is implemented in Northern Ireland. If ever there was an example of it being forced on a people, this is it. This is not happening within the whole of the United Kingdom. If it is regarded as acceptable in Northern Ireland, why is it not acceptable in the rest of the United Kingdom?

My Lords, I agree entirely with what my two colleagues said. However, can the Minister give us the commencement dates, please? I think she said this but I missed it; I am not sure whether she said 2025 or 2026. We are also told that the Northern Ireland Assembly will have a vote, albeit a type of vote that has not happened in Northern Ireland for over 50 years, because we do not do majoritarianism any longer in Northern Ireland. That is not the way it is done, but it is very clear that the process is that it will be a majority vote. That is a complete departure from what the Belfast agreement says on how Northern Ireland will proceed and go forward. If this measure comes into force before there is a vote in the Northern Ireland Assembly, will it just be another example of saying, “You folk over there, you don’t really count. We’re not too much interested in democracy; we’re just doing this because of an agreement with Europe”? We were told that Northern Ireland’s position within the United Kingdom would be decided by the people of Northern Ireland. I suspect that, with all those decisions, whether they are being done by statutory instruments or not, this is a substitute for a proper Bill and a proper debate. This is all coming through piecemeal. To be very fair and honest, I do not so much blame the present Government for this, although they are now the Government and have the authority and power to make legislation and change things. However, I would be grateful if the Minister would go over those points again. I accept that she may already have said it, but I hope that she will indulge me.

My Lords, I thank noble Lords for their consideration of this instrument, and for their excellent questions and contributions to this debate. This instrument will implement common charger measures in Northern Ireland but, in practice, as I hope that I explained in my opening statement, it will have a very limited impact, because the USB-C has effectively become the industry default, not only across Europe but, increasingly, across the world. We consider that similar measures introduced across the UK would potentially help to deliver business benefits and environmental and consumer savings. To pick up on a few of the questions that have been raised, I thank the noble Lord, Lord Sandhurst, for his comments about the consumer and environmental benefits. That is a very strong point. All too often, we find that we are forced to buy another charger, even though we already have one, because they all come as a package. Like most people, we end up with an awful lot of chargers lying around the house that no longer charge anything, and we do not know what to do with them and it is all very frustrating. The fact that these are now being streamlined into one standard benefits consumers and, as the noble Lord said, will cut down on environmental waste, which has to be a good thing. The noble Lord asked that, when we do the call for evidence for the UK, we make sure that it is evidence based. He makes an important point there. We do not want to rush this; we want to make sure that we get it right. We judge that the measure will not have a huge impact on small businesses. The producers of this equipment are mainly the big multinationals, so the cost to small and micro-businesses will be very small. The noble Lord, Lord Browne, made the point that chargers should be safe. I absolutely agree with that; we all know of the awful cases where these materials are misused or mis-sold, causing fires. As we know, my noble friend Lord Leong is taking the product safety Bill through the Lords, and it will address some of those safety issues. I was asked whether the measure would apply to the whole of the UK. We hope that it will apply to Northern Ireland and the rest of the UK. That is what our call for evidence is about. Although the timeframe is slightly different, we hope that this will happen to everybody across the board; there will not be a distinction between Northern Ireland and the rest of the UK. If things go to plan—and I think that businesses will support this—we will have a standardised process across the UK that uses the USB-C, a standardised thing that we will all use. It is a standard system and most companies are already producing this equipment to that standard; we are not trying to impose something different on Northern Ireland from what will happen everywhere else. To my mind, that is a bit of a no-brainer, although I understand the concerns of colleagues in Northern Ireland. But we will be catching up with you, rather than the other way around—we will catch up with you very soon, I hope. The noble Lord, Lord Morrow, asked about commencement dates. For portable electronic equipment the date is December 2024 and, for laptops, it is April 2026, so there is a fairly tight timescale for portable equipment to bring us in line with the EU. But as I say, Northern Ireland is the forerunner of what will happen anyway; it is increasingly standard throughout the world, and I hope that you will have nothing to fear from that. I hope that I have persuaded noble Lords—maybe I have not, but there are huge consumer benefits to this move. I do not think that businesses feel any concern about this measure, as they are increasingly beginning to produce equipment that meets these standards. This will be the new standard and we have to make sure that we grow it in the right way. I hope that I have persuaded noble Lords on this issue, and am therefore pleased to commend the SI to the Committee.

Motion agreed.