← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Bill Esterson

MP for Sefton Central · Labour · United Kingdom

IN THEIR OWN WORDS

As the Prime Minister said on Tuesday, our energy supply and our energy security are not a question of having either oil and gas, or renewables; they are about both. It is a great pity that proper process was not followed in 2022 or 2023. [ Interruption.

JACKDAW AND ROSEBANK OIL AND GAS FIELDS · 2026-09-03 · READ IN HANSARD

I warmly welcome my right hon. Friend’s commitment to continuing Britain’s global leadership on climate action, including by going to COP31. I also welcome his focus on breathing space for people and businesses, but, as he said, it will take a lot more than that to deliver the growth and reindustrialisation that he is so committed to.

DIRECTION OF GOVERNMENT · 2026-09-01 · READ IN HANSARD

Last week the Committee heard from Claire Dykta, the director of strategy and policy at NESO, who told us: “Operational decisions are taken by authorised, trained personnel only.” Her comments were confirmed by Alastair Martin, the chief strategy officer at Flexitricity, who, in the same session, said: “I do not think the idea that the he…

NATIONAL ENERGY SYSTEM OPERATOR: BLACKOUT RISK · 2026-07-15 · READ IN HANSARD

As the Minister has just said, new nuclear is essential for energy security. It is also essential as an alternative career for workers in oil and gas.

NUCLEAR ENERGY SITES: SCOTLAND · 2026-07-07 · READ IN HANSARD

Paul and Susan Robinson each worked for the Health and Safety Executive for more than 40 years. They have not been able to plan for their retirement since finishing work last year; they have been living off their savings and the small loan that they have had. They are typical of the dozens of constituents who have contacted me.

CIVIL SERVICE PENSIONS · 2026-07-06 · READ IN HANSARD

Hudson primary school in my constituency does a brilliant job. It is a family hub, it specialises in support for children with SEND and autism, and it has a nursery, but its building, which is 80 years old, suffers from a high water table that brings damp, mould and structural problems for the building—as does occasional flooding.

SCHOOL REBUILDING PROGRAMME: SEFTON · 2026-06-22 · READ IN HANSARD

The complete record

Every one of 4,882 lines we hold for Bill Esterson, in date order, each linked to its source. Free to read, in full, without an account. Page 33 of 98.

  1. The Secretary of State told us on Monday that ceramics factories in the UK could benefit from a US trade deal, but that is not the view of the British Ceramic Confederation, which has warned of the dangers that low-quality ceramics would have on UK industry. Does she not accept that the manufacturing industry is right to be concerned about the threat posed by the agreement she is proposing?

    UK/US FREE TRADE AGREEMENT · 2020-03-05 · READ IN HANSARD

  2. But Laura Cohen is not talking about the type of trade deal that the Government are proposing, is she? The BCC has warned of the dangers of the Government’s proposed mutual recognition clauses, which is where the flood of low-quality imports would come from. The Secretary of State’s own scoping assessment says nothing about the impact of cheap US imports on UK manufacturing either, so why will she not listen to the industry? Should the Government not rethink their approach to the US agreement and look after our own excellent manufacturing sector, rather than pursuing a policy of “America First”?

    UK/US FREE TRADE AGREEMENT · 2020-03-05 · READ IN HANSARD

  3. If the Government want to help clean growth, they can invest in the Mersey tidal power project. It is clean, entirely predictable, and could power 1 million homes. It offers high-quality jobs and has massive domestic and export potential. Steve Rotheram and the Liverpool City Region Combined Authority have just committed a further £3.5 million to the project, so will the Government back the people of the north-west by supporting investment in this exciting new project? It is a chance to demonstrate that they are interested in and serious about tackling the climate crisis.

    CLEAN GROWTH INDUSTRIES: NEW JOBS · 2020-03-03 · READ IN HANSARD

  4. What is to stop them walking away from a deal because we have given them everything that they want without the need for an agreement? The Secretary of State mentioned Congress, so on the subject of scrutiny she must recognise that her statement does not constitute adequate parliamentary engagement on this process. Will she tell NHS patients, farmers, manufacturers, consumers and workers just how she intends to enable scrutiny of this and all other international trade agreements?

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  5. Meanwhile, the provisions of trade agreements can apply inadvertently to public services and lock in privatisation measures, against public concerns and the public interest. Will the Secretary of State confirm that she will ensure that explicit wording rules out liberalisation measures from applying to our NHS and to all public services? The mandate published today appears mainly to be about tariffs; mucking about with tariffs does not constitute an international trade agreement. The current round of trade tariffs has damaged leading British exports, including Scotch whisky, and caused great concerns in our ceramics and steel sectors. The Government have already spelled out their plans to drop tariffs to zero; where is the incentive for the United States to do the same?

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  6. The Chancellor’s adviser said yesterday that we do not need a farming industry or a fishing industry; who should we believe—the Chancellor’s adviser or the Secretary of State? The Government say that they will not allow chlorine or acid-washed chicken—processes used only because of insanitary conditions in the United States—but they also say that such produce is safe; which of those is the Government’s position? Will they make the necessary commitments in law to protect our consumers by adding them to the Agriculture Bill? The US trade representative says that the US will demand greater market access for US pharmaceutical businesses, which could drive up the cost of medicines.

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  7. Does the Secretary of State believe that the EU has not noticed? Or does she think the EU does not have access to translators? Dispute mechanisms are used by the US in international trade agreements to enforce its standards as a matter of course. It is noticeable that the EU negotiating objectives specifically exclude environmental protections and workers’ rights from the proposed dispute mechanism, but no such exclusions have been set out in the objectives published today, so will the UK end up having to back down, or are the rights and protections really the red lines that the Secretary of State would have us believe? Will she insist that the US signs up to International Labour Organisation conventions? How will the agreement reinforce the UK’s commitment to net zero by 2050?

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  8. To put that in context, the Government’s own figures suggest a fall in GDP of about £150 billion as a result of the type of trade deal being proposed with the EU. Would it not be sensible to prioritise minimising losses of £150 billion, rather than chasing much smaller gains of £2 billion to £3 billion? How much will be added to GDP by the trade agreements with Japan, Australia and New Zealand, to which the Secretary of State referred? Will she confirm that countries on the other side of the Atlantic or further afield simply cannot come close to replacing what will be lost in the type of trade deal being proposed with the EU? The negotiating objectives contain references to a level playing field with the US and a commitment to prevent either side from enjoying an artificial advantage—a commitment not being offered to the EU.

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  9. May I thank the Secretary of State for early sight of her statement? We on this side of the House support ambitious trade agreements that unlock economic growth, create new jobs, and elevate rights and standards, so I congratulate her and her officials on the publication of today’s negotiating mandate for the Government’s flagship post-Brexit trade agreement. A year after the US equivalent, it has been greatly anticipated. Some 20% of our current trade is with the US. It is our second biggest market, and we have enjoyed decades of two-way trade without an underlying trade agreement. The Government predict GDP growth of 0.07% to 0.16%, or £1.6 billion to £3.4 billion, as a result of this agreement.

    UK-US TRADE DEAL · 2020-03-02 · READ IN HANSARD

  10. We cannot afford to take the attitude that insolvency is not the problem that it really can be. Insolvency often happens, and even when it does not, chasing retentions—certainly the final element of them—is a huge problem for many businesses, some of which give up. Let us remember that the amount of retentions we are talking about is often the margin for smaller firms in construction contracts. If firms are unable to collect those retentions, their financial viability is often threatened.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  11. Frankly, the lifestyles of a small number of people running large organisations are funded on the backs of hard-working owners and workers in small businesses in the construction sector. Why on earth is that allowed? I am afraid that the idea in one of the consultation responses that we should not worry about insolvency because there is a buoyant market is at best complacent and at worst downright disingenuous. We have only to look at what happened with Carillion—I think it was actually £2 billion in late payments that was lost by 30,000 businesses—and at the examples given to us by the Federation of Master Builders. K&M Decorating lost £230,000 in retentions alone. A number of the federation’s members that were in supply chains with Carillion went into liquidation as a result of unpaid retentions. We must not be complacent.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  12. The victims—in any crime there are victims, and we should take their side—are SMEs in the construction sector, and self-employed contractors, who often rely on SMEs for work. Retentions are applied unfairly and disproportionately in the supply chain. It is a crime that that has been allowed to continue. Let us see some action to stop the thief. Let us end this criminal activity and imbalance. Let us ensure there is a level playing field in the construction industry by taking the kind of action that the hon. Members for Waveney (Peter Aldous) and for Kilmarnock and Loudoun, and many of the rest of us, have sought for some time. It is time the Government stood up for the little person rather than siding with the large corporates.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  13. I congratulate the hon. Member for Kilmarnock and Loudoun (Alan Brown) on securing yet another debate on this topic. “Stop, thief!” That was my reaction when I learned that £573 million has been lost by SMEs in the construction industry in the two and a bit—quite a bit more than a bit—years since October 2017, when the Government published a report showing that £229 million a year is lost as a result of the application of retentions, which has been described so well by Members across the Chamber. A crime has been committed. In fact, a series of crimes has been committed over many years. This is a crime in which there is an imbalance of justice between large and small: the big firm is allowed to exploit the small firm with impunity and continue to get away with it. The perpetrators are a relatively small number of very large organisations.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  14. The retention deposit scheme has clear support in the consultation, as does a phasing out of retentions altogether. Everyone expects the Minister to give some answers on those ideas at this stage. A level playing field is needed. Suppliers have to be treated fairly. There can be no more Carillions. There must be an end to the crime of retention and to the abuse, as well as proper support for victims and justice for the construction SMEs and self-employed contractors. In whose interest is it to continue as we are? It is certainly not in the interest of the small businesses and the self-employed contractors, and it will not be in the interest of the large firms for much longer. The Government can do something about this issue. They have the evidence to act and they must get on with it.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  15. Is it not about time that the Small Business Commissioner and their office had full responsibility for looking into this issue and were given the resources needed to address retentions in construction in both the private sector and Government procurement supply chains? This is an incredibly important issue for the construction industry and the wider economy. When will we get the full Government response? The Government say that they will work with industry. The policy options mentioned in the report are “a possible retention deposit scheme, and phasing out of retentions completely, and work continues to assess the viability and potential impact of these.” Why has it taken so long? When will it come forward? It should have been with us today had anything been brought in front of us for the debate.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  16. It is a very real problem, and anybody who looks at the poor quality of new build housing can see exactly what is happening. I have seen it at a 300-home development in my constituency next to the new Maghull North station, with shoddy work and the application of retentions while the developer, Persimmon, makes vast profits and pays significant bonuses to its directors. It is not good enough and it has to change. The Housing Grants, Construction and Regeneration Act 1996 is quoted by a number of respondents to the Government consultation. Pay-when-paid is not allowed, but it continues and we need further action, intervention and support to deal with that problem.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  17. They can insist that those who spend money with the Government apply productive, responsible business behaviours through their supply chains. Why are they not doing that already? Perhaps they are considering that in their response, and perhaps the Minister will say that they will take such an approach. The fact that the tenancy deposit scheme in the private rented sector is effective and works well shows what kind of model can be put forward. The hon. Member for Waveney’s ten-minute rule Bill gives the Government a blueprint for what could be applied. The hon. Member for Kilmarnock and Loudoun mentioned Dame Judith Hackitt’s comments. A poor quality of work is one of the system’s consequences, with substitutions for poor materials made because of the impact of non-payment in the retention system on cash flow and profits.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  18. That is not good enough. It will not stop the crime of retentions. We need action and we need it fast. In the consultation, the phrase “the principle is sound” was used when referring to the concept of retentions. Not, I am afraid, in the way it is applied. It is not doing anybody any favours, certainly not those at the sharp end. As we have discussed previously, it is increasingly affecting the industry as a whole and those at the top as well. We can see some signs of improvement in the public sector with project bank accounts. Highways England is spending a £20 billion on work through project bank accounts and the devolved nations are taking active steps along similar lines. The Government have a great tool in procurement.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  19. Members spelled that out well in their examples. Like the hon. Member for Kilmarnock and Loudoun, I thought, “Great! We have had a Government response to the consultation. Fantastic news”—and then I read it. I thought that I could have told the Government every single one of the comments, because they have all been made in this House and to us individually by businesses and business organisations over the years. It has taken two years to get to the point of the response. My right hon. Friend the Member for Warley (John Spellar) rightly mentioned the lack of urgency. We have had roundtables, with the last one, as we heard, happening in May last year. Why are we getting only a summary of responses? Why have we not had an action plan? A paragraph saying: “Several policy options are under consideration”, simply does not cut it.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  20. There are problems in the public sector and in the private sector, in house building in particular. The firm was waiting between two and five years; the hon. Member for Waveney mentioned three years in his speech. It is an absurd way to carry on. Other Members may have seen a letter sent to the Secretary of State from R Durtnell and Sons Ltd, building contractors who had been going for 430 years. I hope the Minister has had sight of it. The firm’s three-page letter describes the refusal to pay, the exaggeration of claims of defects by the main contractors and an exploitative model. It made clear in the letter that it paid its suppliers and its retention liabilities on time, yet it had to suffer having retentions withheld against it for many months, if not years, in wholly unacceptable ways. Other hon.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  21. Again, the Government should be challenging and ending that. It goes back to the point about tight margins. I take exception to how some of the responses were reported by the Government in the summary of consultation responses, because it was quite hard to tell the difference between the responses from large firms and those from small firms—the perpetrators and the victims. We could work it out in the end, but we had to really look for it. Perhaps the Minister will speak to that point. A constituency firm of mine called WT Jenkins, which does highway lighting, showed me its files on the shelf in the office. Its typical retentions, when I spoke to it about five years ago, were between 5% and 10% of contract price. That is in the public sector.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  22. I agree with my right hon. Friend, and that goes back to what the hon. Member for Waveney said about the big contractors beginning to wake up. They cannot carry on as they are because by continuing this disruptive practice, they will be undermined. When the large firms start to challenge the very behaviours from which they profit, we start to realise that perhaps those behaviours are coming to an end. We live in hope that that is part of the answer. Some of the consultation responses said, “Everything’s fine, leave it alone,” but that is clearly a minority view. We often see the attempt to get small firms to apply for prompt payment in return for a discount, a quite disgraceful business practice that happens not just in retentions but across the board—and not just in the construction industry.

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  23. The Minister is right to look for evidence. We have a tenancy deposit scheme that works. We have evidence from New Zealand, Canada, Australia, France and New Mexico that such a scheme is possible in construction. The evidence of best practice from around the world is in front of him. The evidence is also there from the construction industry in this country that it is desirable and needed. This has gone on for far too long; can the Government just get on with it?

    CONSTRUCTION INDUSTRY: CASH RETENTIONS · 2020-02-27 · READ IN HANSARD

  24. All the friendly questions from the Whips Office do not hide the reality, which is that the Government have had 10 years to get this right. More small businesses than ever have given up trying to win Government contracts, and I am afraid that the figures do not stack up; they are worse now than when the Government came in. When will they stop giving the lion’s share of lucrative Government contracts to the Carillions of this world and start treating our excellent small businesses fairly?

    SMALL AND MEDIUM-SIZED BUSINESSES: GOVERNMENT CONTRACTS · 2020-02-27 · READ IN HANSARD

  25. On 9 January the Leader of the House advised me to ask the Secretary of State for Education for a meeting about Lydiate Primary School, and to come back to him if such a meeting was not forthcoming. Seven weeks later, that meeting has not been offered by Ministers. Will the Leader of the House please intervene, not on my behalf, but on that of the children and staff of Lydiate Primary School, which is unsafe and unsuitable for education?

    BUSINESS OF THE HOUSE · 2020-02-27 · READ IN HANSARD

  26. The industry is worth £31.4 billion in exports and £34.6 billion in imports, and its products feature in their thousands in the production of goods across the entire economy. Some 57% of those exports are into the EU. The importance of the industry around the country is also spelled out by the productivity of the sector compared with the rest of the economy. In the north-east, it is three times more productive; in the north-west, four and a half times more productive; and nationally, it is twice as productive. We cannot afford to undermine such a key part of our economy. Chemicals are the subject of REACH—the registration, evaluation, authorisation and restriction of chemicals—the strict European-wide regulations that make sure the chemicals used here are the safest in the world and help to produce the highest quality products.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  27. Without a robust system of regulation, safety and quality will be compromised and our chemicals market will be open to the dumping of cheap chemicals from markets that do not have our high standards. The consequences of poor regulation are spelled out in “Dark Waters”, which will be released on Friday in the UK. The film depicts what can happen to tens of thousands of people and to wildlife without adequate safeguards. In our addressing the climate crisis and moving to net zero, the chemical industry has a vital role to play in ending the use of fossil fuels, recycling plastics and finding sustainable alternatives, including for the types of forever chemicals depicted in the film. The chemical industry employs 102,000 well-paid people in the UK, with 24,000 in the north-west alone.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  28. I beg to move, That this House has considered regulatory divergence in the UK chemical industry. If we buy a car, house, cleaning products, food or clothes or visit the swimming pool or cinema, chemicals are involved in making the products we use. Chemicals are ubiquitous in our lives, and the chemical industry is a vital part of our national economic wellbeing. Chemicals are vital to the jobs of thousands of workers. Contract Chemicals is an SME in Knowsley that manufactures chemicals, and Blends is another that sells products made from chemicals. Both employ some of my constituents, whose livelihoods could be at risk if the Government do not get the chemical regulatory regime right. In the Liverpool city region, Jaguar Land Rover, Ford and Vauxhall employ thousands of workers in car production in which chemicals are vital components.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  29. The system delivers assurance to the industry and its downstream operations, including our entire manufacturing sector, all of which uses chemicals at some stage of production.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  30. My hon. Friend is absolutely right. I know he has a good relationship with the chemical industry in the north-east and has spoken many times on this subject and in support of people who work in the industry. I will come on to make the point that he touches on in more detail. REACH regulations protect human health and the environment. In chemical regulation, the high standards for chemicals used in our manufacturing also sustain the reputation that encourages people around the world to buy British. Before the current Prime Minister took over, the Government indicated a willingness to negotiate associate membership of REACH, and that is still the preferred option for the industry.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  31. If our regulations diverge, as the Prime Minister appears to favour, and as may be required as the price of a trade deal with the United States, manufacturers would need not only to demonstrate compliance with both sets of regulations but have two production lines—one to comply with UK regulations, the other for the EU’s. The alternative is to move production to the EU for the EU-compliant product, meaning a loss of exports and jobs from the UK.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  32. Registration costs of £50,000 to £100,000 per chemical are likely to apply, as the Government have confirmed. At that cost, chemical companies would find it uneconomic to continue the production or import of many chemicals. Meanwhile, car producers would find it much harder to compete with EU-located production facilities in the manufacture of vehicles destined for the EU market. The chemical industry exports 57% of UK-manufactured chemicals to the EU27. A UK manufacturer will have to register its products to comply with UK REACH, as they are made here, and also EU REACH if they are exported into the EU.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  33. There is obvious concern that EU and UK REACH will, in theory, apply at the same time in Northern Ireland and will contradict each other. Let me quantify my hon. Friend’s point. BASF employs 5,000 people in the UK. It estimates that it will have to find up to £70 million to re-register all existing lines. Its alternative is not to offer many of its smaller volume products in the UK, but many are critical to manufacturing. In the car industry, an average of 1,300 different chemicals are used in the production of each vehicle. If many of those products are not available in the UK, car manufacturers will have to import them; it will fall to car companies to register the chemicals and to develop the skills and facilities for storage. This would apply to all chemicals where usage volume was more than 1 tonne per year.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  34. My hon. Friend is absolutely right. I have been told that estimated costs of between £50,000 and £100,000 per chemical are likely if a UK REACH system is introduced in the way the Government appear to be proposing. I will cover that in more detail as well. The Government have made clear their opposition to regulatory alignment in general, and given that UK REACH is the default option, they appear to not want to make an exception for the chemical industry. The British Coatings Federation speaks of the practical and real problems that businesses will face with such a system. For example, REACH will continue to apply in Northern Ireland at the end of the transition period, even if a separate UK-based regime applies in the rest of the UK. It is not yet clear how that would work in practice.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  35. I am glad my hon. Friend mentioned the real concern about animal testing, which we can minimise currently because we are members of EU REACH, so testing does not need to be repeated in the UK. The industry has raised that as a real concern, which I will return to.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  36. The suspicion that divergence is likely has been reinforced by part 8 of the Environment Bill, which gives the Secretary of State the powers to diverge. If the Government do not intend to change the regulations, why have that in the Bill? In his speech on Second Reading this afternoon, the Secretary of State did not mention the section of the Bill that deals with regulation of the chemical industry, which is disappointing because the industry is so vital to the wider economy. Likewise it is disappointing to the industry and those who rely on it that there is no news about a sector deal for the chemical industry.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  37. My hon. Friend has explained well that the problem goes across the economy because chemicals are crucial to every manufacturing process. I was talking about the problem of having to comply with two different sets of regulations and the impact the industry predicts, including a loss of exports and jobs in the UK. Products cross borders multiple times during manufacturing. The integrated nature of supply chains in manufacturing is a big reason why it would be difficult to manufacture in the UK for the EU market in the event of different chemical regulations. Despite the Government’s presumption in favour of regulatory divergence in general, the Minister may want to say that the Government do not intend to change the regulations that are introduced with a UK REACH. I am interested to hear her comments on that point.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  38. That would cause huge commercial damage to the aerospace industry in the UK and in the EU. That story is repeated many times for UK-manufactured chemicals, so what is the plan for products like potassium dichromate and for aircraft manufacturing? What is the plan for the regions that rely on the chemical industry for their productivity? What is the plan for all other industries that rely on chemicals in their processes? What is the plan for multiple cross-border manufacturing supply chains? What is the plan for exports and imports, for safety, for data analysis, for testing and scientific expertise, including animal testing, for the creation of an alternative database, or for access to the existing ECHA database? What is the plan for capacity and expertise in the HSE? What is the plan for a sector deal?

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  39. Steve Elliott of the CIA said: “The isolationist approach doesn’t work for us. I can’t think of a member company who isn’t exporting at least 50/60 per cent of its production.” We have to remember that most of that exporting is into the EU. ADS gave me the example of potassium dichromate, which is a crucial chemical coating that protects aircraft structures from corroding. The example makes Mr Elliott’s case: there is no viable alternative to the use of that chemical in aircraft structures. It is produced in the UK and marketed in the EU. It is registered with REACH, so if the UK is removed from REACH, the registration would become non-existent and it would not be possible to import or sell it in the EU, to manufacture the mixture or to apply it to aerospace components.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  40. The BCF said: “We need government to understand the complexity of the integrated chemicals supply chain and come up with an appropriate free trade deal to prevent—or at least minimise—substantially added costs or disruption to our members.” I place on record my thanks to the Chemical Industries Association, the British Coatings Federation, the Chemical Business Association, the Society of Motor Manufacturers and Traders, the ADS group, the CHEM Trust, BASF and multiple trade unions, as well as the specialists of the House of Commons Library. They have all helped with this complex, technically demanding subject. They have all helped confirm just how serious the issue is for our economy and for safety, too. I hope the Minister and her colleagues are listening to their advice.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  41. In the light of the industry’s importance, is that not an argument for staying part of the current system and avoiding the problems of implementing a separate version? In a recent British Coatings Federation members survey, 90% of members expressed their fear of having a duplicate set of chemical regulations through a UK REACH and all the extra bureaucracy and costs that would bring.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  42. Steve Elliot, the chief executive of the Chemical Industries Association, said: “The EU remains our biggest customer and supplier, so securing a tariff-free, frictionless free trade agreement is essential. Most crucially creating a parallel UK regulatory regime for chemicals, whilst still needing to meet the legal requirements of our biggest market place under EU REACH will, in our view, bring no commercial or environmental benefit and could put businesses and jobs at risk right across the country, including seeing a whole new programme of animal testing, something that none of us wants to happen.” In a written answer on 4 February, the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Taunton Deane (Rebecca Pow), said that UK REACH will maintain the “aims and principles” of EU REACH.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  43. Concerns have also been raised about the capacity of the HSE and the legal framework it will follow. It could either repeat the work of ECHA or rely on the work ECHA has carried out. The former would be hugely expensive, time consuming and dependent on a level of scientific expertise that may not be available. The latter could leave it open to challenge on the grounds that it should not be reliant on EU evidence and should have made its own assessment of risk. Either approach is potentially problematic. An additional concern of the industry is that, as some registration of chemicals in REACH has relied on animal testing, a UK REACH would mean the introduction of animal testing—a point my hon. Friend the Member for Stretford and Urmston made earlier.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  44. The Health and Safety Executive, which is due to become the UK chemicals agency—perhaps the Minister can clarify when that will happen—will need to build its own database if it cannot access the ECHA database. According to the plans for UK REACH set out in the European Union (Withdrawal Agreement) Act 2020, basic data about the market and each substance will need to be submitted within 120 days of the end of transition, while full information appropriate to the registrant’s tonnage band will need to be submitted within two years. It took 10 years to build the ECHA database. How can that be replicated in two years, given that many companies will have to carry out testing from scratch and many importers are not specialists in the chemical industry?

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  45. The car industry is deeply concerned about the impact on its competitiveness and on the future of volume car manufacturing in the UK if we move away from a single European regulatory system. UK REACH will either require access to the chemical testing data, as my hon. Friends mentioned, held by the European Chemicals Agency, or have to repeat and duplicate testing, hence the cost of registration for each substance, which I quoted earlier. Consortia of European companies own most of the data, and UK companies pay a fee for access to the data, which is held by the ECHA. Selling access to the data is a commercial decision not governed by EU data sharing rules.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  46. My hon. Friend has explained well why the industry is worried about this: sooner or later divergence leads to the problems that he and I have outlined. Some 54.8% of cars produced in the UK are exported to the EU, so preferential access to the European market and avoiding regulatory divergence on chemicals is therefore extremely important. The automotive industry uses 13,000 chemical substances, only 1,181 of which are exclusively registered by UK companies. Many of the remaining 98,000 chemicals registered by the European REACH system could need to be re-registered in the UK. According to the Society of Motor Manufacturers and Traders, the cost to the automotive industry alone could be up to £1.3 billion. The Government have not denied those figures in their own analysis.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  47. I am grateful for some of the answers that the Minister has given, but one of the points she has not addressed is exports. Some 57% of UK chemical exports and 54% of car exports go to the EU market; the role of chemicals with the correct regulatory registration will be vital, as will approval for the European market. Will she address the export problem that is faced both directly in the chemical industry and, more generally, in industries whose products contain chemicals—not just the car industry—in having these two systems?

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  48. There is unanimity in what is being said across the piece by the industry, trade unions and the environmental lobby—it is almost unheard of. The Government will do well to take that on board. I am glad the Minister said that if a longer timescale is needed to get this right, the time will be taken, but to be frank the industry needs assurances now; it cannot wait to make decisions. I hope the Minister will take on board all the points made this afternoon. Question put and agreed to. Resolved, That this House has considered regulatory divergence in the UK chemical industry.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  49. Member for Angus (Dave Doogan) for his comment about potassium dichromate. I hope that was not the cause of the injury he described—it seems a little unlikely. He made some excellent additional points, as did my hon. Friends the Members for Stretford and Urmston (Kate Green) and for Stockton North (Alex Cunningham). I thank my hon. Friend the Member for Newport West (Ruth Jones) for her contribution. The chemical industry is fundamentally important for pharmaceuticals and across manufacturing. Anything we do to undermine it we do at our peril. It is a high-profile, high-quality and world-leading industry in the UK, and every effort must be made to listen to the concerns being voiced by the relevant organisations.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD

  50. That is one of the main reasons why the industry is so concerned about moving away from being part of EU REACH, either as an associate member or through some other close relationship. I encourage the Minister to pursue those avenues, because the chemicals industry and everybody who relies on it need clarity. Investors need certainty. They are making decisions about where to locate and whether to continue investing in this country or to put alternative arrangements in place, particularly in the EU27, with a cost for jobs and an impact on our economies, especially in the nations and regions of the UK outside London. It is therefore vital that all attention is given to getting this right in a way that protects and enhances our industry, and does not undermine it. I thank the hon.

    UK CHEMICAL INDUSTRY: REGULATORY DIVERGENCE · 2020-02-26 · READ IN HANSARD