Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2024

The Committee consisted of the following Members:

Chair: † Mr Clive Betts

† Alaba, Mr Bayo (Southend East and Rochford) (Lab)

† Baldwin, Dame Harriett (West Worcestershire) (Con)

Cooper, Daisy (St Albans) (LD)

† Coyle, Neil (Bermondsey and Old Southwark) (Lab)

† Dollimore, Helena (Hastings and Rye) (Lab/Co-op)

† Eccles, Cat (Stourbridge) (Lab)

† Fleet, Natalie (Bolsover) (Lab)

† Freeman, George (Mid Norfolk) (Con)

† Gill, Preet Kaur (Birmingham Edgbaston) (Lab/Co-op)

† Hamilton, Fabian (Leeds North East) (Lab)

† Hudson, Dr Neil (Epping Forest) (Con)

† Jones, Clive (Wokingham) (LD)

† Lamb, Peter (Crawley) (Lab)

McMorrin, Anna (Cardiff North) (Lab)

† Madders, Justin (Parliamentary Under-Secretary of State for Business and Trade)

† Osborne, Kate (Jarrow and Gateshead East) (Lab)

† Wood, Mike (Kingswinford and South Staffordshire) (Con)

Kevin Maddison, Lucinda Maer, Committee Clerks

† attended the Committee

Allister, Jim (North Antrim) (TUV)

Swann, Robin (South Antrim) (UUP)

Second Delegated Legislation Committee

[Mr Clive Betts in the Chair]

Draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2024

16:30:00

I beg to move, That the Committee has considered the draft Radio Equipment (Amendment) (Northern Ireland) Regulations 2024. It is a pleasure to see you in the Chair, Mr Betts. The draft regulations, which were laid before the House on 9 October, will implement common charger measures in Northern Ireland. In particular, USB-C will become the common charging point for a range of portable electrical devices that require wired charging. The instrument is expected to have limited impact in practice. Many manufacturers have already moved to USB-C to continue to supply the European Union market and, as a result, USB-C has effectively become the industry default in Europe—I am sure Members are at this moment looking at their chargers and phones to see whether they have already moved to USB-C. Industry tells us that it is using USB-C for the whole of the UK 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 will be available across the whole UK. 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 could help businesses and deliver consumer and environmental benefits, if we were to introduce a similar standardised requirement across the UK. Accordingly, we have launched a call for evidence on that issue. 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 the UK internal market and the EU single market. I will set out a bit of the background. The radio equipment directive 2014 established a framework of regulatory requirements for specific categories of electrical and electronic equipment that is 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 that directive into 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 EU common charger directive requires, among other things, a common charging solution based on USB-C for smartphones and certain other portable electronic devices—there is a full list in the regulations—that use wired charging. That will be implemented 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 under the terms of the Windsor framework, including the EU radio equipment directive. The instrument will therefore amend the 2017 regulations to implement the latest changes in Northern Ireland, enabling them to be legally enforced. 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 2017 regulations to provide for simplification, whereby USB-C will be the common charging port, meaning that one charger will work for multiple devices, bringing cost savings and environmental benefits. The instrument will standardise fast charging technology, meaning that the charging speed is the same when using any compatible charger for a device. The instrument will also introduce the unbundling of the sale of a charger, meaning that consumers will have the option, when purchasing a new device, of whether to buy a charger alongside it. That will hopefully reduce electronic waste and costs for the consumer. There will also be additional visual and written information about charging characteristics, the power that the device requires and whether it supports fast charging, thereby improving the information available to consumers. That will help consumers to understand whether their existing chargers meet the requirements of new devices and help consumers to select compatible chargers. The common charger measures will apply to certain categories of handheld devices, including smartphones that use wired charging from 28 December this year and to laptops from 28 April 2026. Offences will be amended to cover the common charger requirements that I 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 equipment is accompanied by visual information showing whether a charging device is included. I assure hon. Members that enforcement authorities will continue to take a proportionate approach to compliance and enforcement activities in accordance with the regulator’s code. In almost all cases, we expect that by working with and supporting businesses, compliance will be achieved without the need for recourse to criminal penalties. The Northern Ireland Department of Justice has confirmed that it considers that the offences provided for by the instrument are consistent and proportionate and will not have any negative impact on the criminal justice system in Northern Ireland. Officials in the Office for Product Safety and Standards will provide industry guidance to ensure that businesses have all the information they need on how to comply with the new requirements, and they will liaise with Northern Ireland district councils, which are responsible for enforcing the radio equipment regulations in Northern Ireland, ensuring that they have all the necessary information to do that. With USB-C charging effectively becoming the industry default, my view is that this measure could help UK businesses, if we provide regulatory certainty, and that consumer and environmental benefits could be delivered by introducing similar requirements across the whole of the UK, which is why we have launched the call for evidence. We expect the instrument to bring consumer and environmental benefits to Northern Ireland. It also ensures our compliance with international law in relation to Northern Ireland’s continuing dual access. I commend the draft regulations to the Committee.

16:36:00

As the Minister has set out so clearly, the instrument intends to give effect to the EU common charger directive, which applies in Northern Ireland, as is required under the Windsor framework agreement signed last year by the Conservative Government. We will therefore certainly not oppose this legislation. Accepting this regulation upholds the Windsor framework and contributes to the free-flowing trade within the UK, while protecting Northern Ireland’s place in our United Kingdom, and it safeguards the balance of the Belfast/Good Friday agreement. I note that the Minister mentioned the Government’s plans to consult on a UK-wide common charging solution for electronic devices. I am sure, from a consumer convenience point of view, that we will all welcome a world in which we can be sure to find the right charger at the right time. I welcome what he said about the impact on the environment, because over time, there will be less plastic waste sitting in our drawers in our homes. However, I encourage the Minister, as he looks at the consultation responses, to consider our ability to remain independent from the EU by not blindly following this regulation across the whole UK and by consulting appropriately with all the businesses and retailers that will be affected. Despite all the years that we were a member of the European Union, we still seem to have a situation where we all have different plugs. It is very much on the consumer’s side to welcome progress towards a world where we all have the same charger, but at the same time, I know that market forces may enable that outcome. We do not propose to oppose these regulations.

16:39:00

Of itself, of course, there is nothing controversial about the type of USB charger that one might use, but there is something very controversial in Northern Ireland, quite appropriately, about the source of this legislation. Here we are in this Parliament of the United Kingdom and all it can do is to nod through someone else’s laws. The decision that in Northern Ireland a person must have the EU-style USB charger flows from a decision by parliamentarians in a foreign power. It was the parliamentarians of 27 other countries who decided that this would be the common charger to be used. And, of course, it was the protocol now called the Windsor framework—which did not change one word of the protocol—that decreed that Northern Ireland, in 300 areas of law, of which this is one, would not be subject to the laws made in this place, or in its devolved Assembly.

Would the hon. and learned Member just remind us how Northern Ireland voted in the Brexit referendum?

The Brexit referendum was a national vote, and it asked a simple question: “Do you want the United Kingdom to leave the EU?” It did not ask the question, “Do you want GB to leave, and leave Northern Ireland behind?” That is what we got, in that this United Kingdom surrendered control over those 300 areas of law to that foreign Parliament. The hon. Member may be comfortable with the fact that my constituents are disenfranchised in the making of the laws that govern them. I wonder whether he would he be so comfortable with that fact if it was his constituents who were disenfranchised in the making of laws, in those 300 areas, that govern them—I suspect not. All I ask is that my constituents have the same rights —the same enfranchising rights—as everyone else’s constituents in Great Britain. Is that too much to ask? And yet, in the making of this regulation, this Parliament is answering that question: it is too much to ask, because Northern Ireland, we are told, must be subject to foreign colonial rule. That is what it is. When we say to an area, “You will be governed by laws, not that you make, or that your Parliament makes, but that a foreign Parliament makes,” that is the very essence of colonial rule, and that is what we are subjected to. The degree to which the Government—of course, this was done under the previous Government—have abandoned sovereignty over Northern Ireland is illustrated by the explanatory document that accompanies these regulations. It says that there will be limited impact, but that the Government did not conduct an impact assessment. Why not? Well, paragraph 9.1 of the explanatory document tells us: “A full Impact Assessment has not been prepared…because measures resulting from the European Union (Withdrawal) Act 2018 are out of scope of assessment.” So laws that will affect my constituents are “out of scope” of assessment by this Parliament, and this Government, because the right to make those laws was given away to the European Parliament. This is not about whether, in itself, the type of USB is controversial or not. It is about the constitutional point that Northern Ireland has been disenfranchised—robbed of the right to have its laws made in its own country, and robbed of the right, now, to even have an impact assessment, because those 300 areas of law are beyond the scope of assessment. That is why, for this proposal, there is only an EU impact assessment—no UK impact assessment. That, in a way, says it all.

The hon. and learned Member is making a powerful and coherent argument. I think what he is saying is that this may or may not be a good law, but that he would have liked its impact to have been assessed properly and the people of Northern Ireland to have had a say on it—the say that he has in the Committee today. Does he think, overall, that this is a good law, albeit one that, constitutionally, he would have preferred to have been passed a different way?

I said that what type of USB is used is not particularly controversial. But how it is made and imposed could not be more controversial, because it is imposed through the avenue of disenfranchising the people of Northern Ireland and saying, “You will have no say over whether it is a good or bad law. It is someone else’s law, and it will be imposed upon you.” That is the mischief that I am addressing. In that mischief lies the reason why this Parliament should not be a nodding dog to someone else’s regulation. The Minister tells us that the Government will probably bring the same requirements into GB. That is well and good, but it should have been the Government—not a foreign jurisdiction—that were bringing the prescription for the type of USBs into the whole of the United Kingdom. They should not have surrendered control over that to a foreign power.

16:46:00

In regard to the specifics of how the regulations affect Northern Ireland, I seek some clarity from the Minister about part two of the explanatory memorandum. He said that he had engaged with the Northern Ireland Department of Justice, but I note that there is an impact on the public sector because the enforcing authorities are Northern Ireland district councils. What engagement has there been those with councils on regulation that is due to be implemented on 28 December? To follow on from the point made by the hon. and learned Member for North Antrim, if this legislation had been adopted in this place or through the Northern Ireland Assembly, that engagement would already have happened. I welcome the commonality that the law will introduce, and the inference that the Government are putting out a call for evidence to ensure that we have continuity of type of charger across the United Kingdom. Have the Government considered stalling the implementation of the regulation in Northern Ireland, so that it can be implemented at the same time across the entirety of the United Kingdom, rather than being delivered in two different parts?

16:47:00

First of all, I welcome the shadow Minister, the hon. Member for West Worcestershire, to her place, and I hope that we can work constructively across the Chamber. I welcome the comments that she made in support of the draft regulations. She made an important reference to our drawers and how many different chargers we all have in them. We can all see on a personal level why this change might well be a good thing for all consumers. I assure her that we are acting independently of the European Union, and are not blindly following its diktat. We are in the middle of a call for evidence on this subject, and the industry response has been that this was a direction in which it was travelling anyway. I assure her that we will consider all responses before we make a final decision. The hon. and learned Member for North Antrim made an impassioned speech mainly on constitutional issues and the application of the Windsor framework, which is the legal remit within which we are discussing the regulations. He said that he was not particularly concerned about the subject matter. I do not know whether he has had any constituents raise the issue with him, but I can assure him that we have worked closely with the relevant officials in Northern Ireland, and indeed, to pick up on the contribution from the hon. Member for South Antrim, local authorities in Northern Ireland on the application of the regulations. The impact assessment from the EU indicated that this would have a de minimis effect on the market, as the industry had already moved towards it. That has been echoed in the conversations that we have had, so an impact assessment would not have revealed anything that would be of significance today. Question put and agreed to.

16:50:00