Justin Madders
MP for Ellesmere Port and Bromborough · Labour · United Kingdom
“Friend the Member for Dunstable and Leighton Buzzard asked about, will consider the points raised in this debate and whether any of them can be put into future updates to guidance. As was mentioned, good passenger information is central to standards.”
“As the roads Minister, I of course recognise the importance of bus stops and the important effect they have on the streetscape. My hon. Friend the Member for Dunstable and Leighton Buzzard made clear that she is passionate and informed about the importance of bus journeys to everyone.”
“Where responsibility for highways or individual assets sits elsewhere, close and effective working between the relevant authorities is essential. We expect local plans to join up services, infrastructure and passenger information, rather than treating them as separate issues. That will no doubt be music to the ears of my hon.”
“Our guidance encourages authorities to take a strategic approach to stops and interchanges, including keeping an inventory of infrastructure, identifying priorities for investment and setting locally appropriate standards for facilities and maintenance.”
“She is absolutely right that the quality of a bus stop is about more than accessibility, although of course accessibility is vital. Passengers notice whether a stop is easy to find and use, whether it offers shelter or seating where appropriate, whether it is clean, whether the surroundings feel safe and well maintained and, as we have di…”
“That approach reflects a simple principle: local transport authorities know their areas and are best placed to plan improvements across the whole local bus network. That is why the Department’s vision for buses, within an integrated transport system, puts local transport authorities at the centre of delivery.”
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“In such circumstances, the market surveillance authority must also be satisfied that the product still meets acceptable safety standards and can be effectively traced through distribution. This may involve reviewing safety data, in-house test reports or batch numbers and distribution records for traceability. To be clear, and as Members will expect me to say, the Government will use clause 4 only in emergency situations. Depending on the nature of the emergency, the Government will decide how products can best be fast-tracked on to the market and, where appropriate, implement conditions through secondary legislation for pre-market assessments, consumer protections and time limits. We have also committed to developing a clear framework for how clause 4 will operate in practice, in consultation with stakeholders.”
“In times of emergency, the Government may temporarily reduce or modify requirements for a product to meet essential health and safety requirements for use in certain settings, provided the market surveillance authority is satisfied with the product’s safety and traceability. For example, in the hypothetical scenario of a national power outage, demand for essential consumer products such as gas stoves, torches or batteries could surge rapidly. If compliant products are in short supply, the Government could use clause 4 to allow UK manufacturers or importers to supply these products, where they meet essential safety standards or other internationally recognised standards, while awaiting UKCA certification.”
“In practice, the clause will allow the supply and fair distribution of critical goods in short supply during a national emergency, while ensuring greater co-ordination of market surveillance and enforcement activities during these periods. The Government have also produced a code of conduct on product safety to support the use of powers under the Bill. The code outlines the Government’s proposals for how the emergency powers will work. To summarise a few key points, the code outlines that a derogation will be made available only if there is a serious risk of harm to people, businesses or the environment, and if it is in compliance with the UK’s international obligations. A derogation will be granted only for products deemed critical for the emergency response where demand exceeds supply.”
“Members on this side of the Committee always enjoy our clause 4 moments. Clause 4 is an essential part of the Bill, and it is informed by the lessons of the covid-19 pandemic. The then Government had to act quickly during that emergency to ensure the supply of critical products such as personal protective equipment. However, the regulatory easement was made under sections 45C, 45F and 45P of the Public Health (Control of Disease) Act 1984 as no alternative powers were available through the product safety framework. Clause 4 therefore fills the gap by providing a mechanism to disapply or modify product regulations in a controlled manner for future emergencies, including emergencies that go beyond public health.”
“I am grateful for the shadow Minister’s support. As a shadow Health Minister during the pandemic, I had more than my fair share of emergency legislation, and I think it is fair to say that we have all learned lessons from how that process played out. However, I am afraid that her valiant efforts to play for time have not led to my getting the answer I was seeking. My understanding is that there will be some sort of time limit, but it is safer to say that I will write to her. It is important that we are clear.”
“Friend the Member for Erewash stated, making sure that consumers have confidence by ensuring that measures are accurate and up to date is an essential component of us continuing to progress scientifically. I therefore ask that the amendment be withdrawn.”
“Without subsection (2), we would be unable to incorporate in legislation any technical advances in quantity measurement, meaning that consumers and businesses could potentially lose out on more accurate ways of measurement in the future. Additionally, the removal of subsection (2) on its own would reduce the overall clarity of the clause, because a redundant reference to subsection (2) would remain in the rest of the clause. Again, the alarm has been raised about what we are going to do with the Bill. We had the discussion in the other place about how this was somehow a secret plot to abolish the pint. We responded by ensuring that there was very clear protection for the pint in the Bill. As my hon.”
“Amendment 27 would remove subsection (2) from the clause, which would prevent us from updating requirements in the metrology framework to reflect changing consumer behaviour and business markets. For example, UK consumers and businesses spend many billions of pounds each year on goods sold by weight or measure, such as packaged food and drink. Subsection (2) sets out powers to make legislation that ensures the accuracy of quantity marking on such packaged goods. As one would expect, the weights and measures legislation where those elements are currently prescribed is very technical, setting out the detailed methods of ensuring that quantities are within the permitted margins of error.”
“As my hon. Friend the Member for Erewash most elegantly put it, metrology is a long-standing part of our progress as a species and as a country, and it will no doubt play an important part in the future. He talked about the importance of experts. Other Members in the past have said that we have had enough of experts, but this is clearly an area where expert opinion will be very important. Metrology is critical to ensuring the accuracy of measuring instruments and the quantities in which goods are sold. In turn, that will boost consumer confidence and ensure that we have a level playing field. We require the powers in clause 5 to make changes to our metrology regime to protect consumers, ensure accuracy and, critically, support innovation and technological progress.”
“As I said earlier, enforcement authorities include the Office for Product Safety and Standards, local authority enforcement officers, the Health and Safety Executive, and the Office for Nuclear Regulation. We need to ensure that these bodies can enforce in a targeted way, with the relevant requirements created by these regulations, which set out clearly what those powers do, and they must do so while fulfilling a public function, as set out in clause 6(2) and clause 3(2), which we debated earlier.”
“I am glad that the shadow Minister is keen to hear from me. I can, I think, explain the power in subsection (6); it refers to subsection (3)(c) and (d), which cover compliance with metrology regulations and mitigating the effect of non-compliance with metrology regulations. This provision is about making sure that those delivering and producing those products are doing so accurately and in compliance with the law. By its nature, subsection (6) has to be broad, but it has to be seen in the context of subsection (3)(c) and (d), which explain the context in which that power would operate. As the shadow Minister said, the argument here is similar—it is possibly identical—to the one we had earlier about the powers.”
“As I mentioned earlier, there is precedent for including enforcement powers within regulations, including in the Toys (Safety) Regulations 2011 and the Personal Protective Equipment (Enforcement) Regulations 2018. I believe that the issues in this debate are the same as those that we discussed earlier; therefore, I invite the shadow Minister to withdraw her amendment.”
“I refer the hon. Member to clause 5(5), which talks about quantities, goods and units of measurement, which is the broad ambit of the areas where these powers will apply. Amendment 29 seeks to prevent regulations made under the Bill from creating product regulation and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation. That has caused complexity over the decades, so we are seeking to introduce new enforcement powers that are able to meet changing demands without the continuous process of layering that we have seen in recent decades, which has caused confusion and added complexity to the current framework.”
“We can give an assurance that, where new offences are created or expanded on as a result of the Bill, we have already committed to using the affirmative procedure to ensure that there is parliamentary scrutiny. Of course, many measures in the Bill already exist in various legislative guises, so it is not, in the main, a massive extension of power as is being suggested. I think this is a proportionate and reasonable way to deliver on the Bill’s intentions, and therefore I ask that the amendment be withdrawn.”
“As the shadow Minister said, this debate has a similar theme to earlier ones. It is the case that the harm caused by a breach of regulations will vary tremendously, which is why it is important to have different levels of intervention. This clause actually creates a much broader suite of powers at a lower level for intervention. There will be an ability to require undertakings or civil monetary penalties, and an improvement notice could also be served. At the moment, I do not believe that any of those powers are available in metrology regulations, and it is important that we have many tools at our disposal to ensure that measurements are done accurately. It would not be helpful or proportionate to spell out every single circumstance in the Bill.”
“Relevant authorities will have access to the new, consolidated toolkit of enforcement powers that I have described. The clause is necessary for the modernisation and enforcement of the UK’s metrology regime.”
“As clause 3 does for product regulations, so the power in clause 6 will allow offences to fit the requirements imposed by metrology regulations. The clause also provides that metrology regulations may provide for the use of civil sanctions, including fines for certain offences. That power will allow offences to proportionately meet the requirements imposed by metrology regulations. Offences and penalties are already often set out in regulations, so the approach follows precedent. The clause will allow the Secretary of State to designate “relevant authorities” responsible for metrology regulation enforcement. To ensure flexibility but provide additional clarity, we have included a non-exhaustive list of those relevant authorities in the Bill’s explanatory notes.”
“That toolkit will continue to cover activities relating to the monitoring, investigation, sanctioning and remediation of non-compliance with metrology regulations. By delivering these changes through regulations, we will be able to flex and adapt to the marketplace—for example, ensuring that duties can always be enforced even when changes are made by regulations. It is imperative to ensure that all duties imposed may be enforced without ambiguity. We intend to carefully augment existing enforcement powers with precedented powers, such as improvement notices and undertakings, which will provide proportionate routes for resolving non-compliance. Another power under this clause will widen or create criminal offences, as well as civil sanctions.”
“Clause 6 reflects an ambition to streamline and modernise our approach to the enforcement of metrology regulations, in the same way that clause 3 seeks to do for the enforcement of product regulations. We will ensure that the tools available for enforcement are effective and proportionate so that we may further level the playing field for businesses and provide UK consumers with deepened confidence in their purchasing. Many of the metrology enforcement powers in existing legislation overlap with one another, which has created a proliferated system that is undermined by its complexity. As for product regulations, clause 6 will enable the introduction of metrology regulations that consolidate the existing metrology enforcement powers. New regulations will implement a set of flexible, distinct and efficient enforcement tools.”
“I confirm that personal data is protected specifically by subsection (5), which provides that no metrology or product regulations may be made that require the processing of personal data in a way that would breach data protection legislation. Any information caught by the regulations that identifies an individual is therefore subject to all the same protections it would have in any other context. I hope that Members can see why it is important that we are able to share data in that way. I commend the clause to the Committee.”
“That relevant authority may be able to provide information or data to another authority as to the frequency of fire incidents or about the use, time or some other relevant circumstance to do with the incident, such as where it has occurred and why. In that way, a relevant authority, such as the Health and Safety Executive or the Office for Product Safety and Standards, may be able to discern some hitherto unknown physical characteristic or hidden issue that is relevant to a product’s safety or compliance, and recommend a specific course of action. In those circumstances, there is great benefit in the sharing of such information in support of delivering a consistent approach to such products and incidents.”
“This clause relates to the collection of data and information that relevant authorities would undertake as part of their usual activities in support of ensuring that products are compliant with product and metrology regulations. Data collection may be instructive or informative for product safety and compliance, or in support of activities in respect of metrology. The clause seeks for information to be shared with those with a legitimate need for access. That will support the identification of potential product risk and the prevention of serious accidents. Targeted action may then be taken in a more consistent way to prevent the same or similar incidents from recurring. For example, a relevant authority may collate data and information in relation to electrical products that cause fire or where electric shock has been reported.”
“The clause will allow regulations to replicate that, but it also allows regulations to provide relevant authorities with the power to impose costs themselves. As we know, cost recovery powers are not new and are used by other regulators, such as the Health and Safety Executive, that employ a fee-for-intervention approach. However, we recognise that Parliament may be particularly interested in the impact of the proposed new powers, and we have therefore ensured that any new regulations made under the clause will be subject to the draft affirmative procedure. I commend the clause to the Committee.”
“Clause 8 will allow enforcement authorities to recover compliance and enforcement costs. As we know, enforcement can come with significant costs, which are currently borne by the relevant authority taking the action unless costs are awarded by the courts. The clause will enable regulations to be made to provide for the recovery of costs incurred by a relevant authority’s enforcement activities. The regulations may set out a wide range of provisions, including who will be liable for costs, under which circumstances they will be liable, the amount of the fee, how and to whom it is payable, and the possibility of appeal. The Consumer Protection Act 1987 makes it clear that the court may award costs to an enforcement authority on conviction for an offence in relation to the contravention of any safety requirements or under a forfeiture order.”
“Without the clause, key parts of the powers—such as those to do with enforcement, standards, information sharing and cost recovery—could be used only on a revoke and replace basis. I do not think it would be a good use of parliamentary time to have to revoke and replace entire sets of regulations simply to make one change to a particular provision—not to mention the uncertainty that it may cause business. The clause is therefore technical, but it is a key provision in the Bill. It helps to deliver one of the Bill’s central aims: to allow us to keep our product regulations updated. I therefore commend it to the Committee.”
“Clause 9 is necessary to give full effect to the intent of the Bill. As Members will know, one of the central needs for the powers in the Bill is to keep our huge range of product regulations updated. That can extend from small changes to regulations to reflect new ingredients or components in a product, to more substantial changes to respond to new threats. The clause ensures that the powers in the Bill can be used to amend existing product regulations, if those regulations could have been made under the powers in clauses 1 and 5. Such regulations will be subject to the usual statutory instrument procedures, either affirmative or negative depending on which provisions of the Bill are invoked. Some of the regulations extend to many pages, covering a whole host of a factors that go into a product and the risk that it presents.”
“I understand the concerns about Henry VIII powers, but we heard the concerns and points expressed by peers and the Delegated Powers and Regulatory Reform Committee and have removed almost all the Henry VIII powers from the Bill.”
“However, having heard some of the concerns mentioned in the other place, we went further and amended the Bill so that the affirmative procedure would be applied to more areas, including when we impose product requirements on a new category of economic actor for the first time. We believe that that strikes the right balance between the need for scrutiny, appropriate use of parliamentary time, and the flexibility needed to keep our product and metrology regulations up to date. I will not remind Members of the quotes I gave from Ministers in the previous Administration who made similar points. Amendments 10 to 13 are concerned with how the Bill may amend or repeal existing primary or secondary legislation.”
“I am grateful to the hon. Members for West Worcestershire and for Chippenham for the measured way in which they have put forward their concerns, which take us back to where we started this morning. One of the central debates about the Bill concerns the level and balance of the powers in it, and ensuring that the right level of scrutiny is applied to regulations made under it. I believe that we have demonstrated through our actions in the other place that that balance has changed, and that we have struck the right note. Amendments 8 and 9 would make all regulations made under the Bill subject to the affirmative procedure. As introduced, the Bill required new regulations to be subject to the affirmative procedure in a range of important areas, such as emergency powers and the creation of a criminal offence.”
“I am not sure whether I would say they are morally necessary. It is quite normal for there to be some Henry VIII powers in most legislation, and I will now explain why that is not something that we need to trouble ourselves with too much in relation to the Gun Barrel Proof Act 1868, which I am sure all Members have familiarised themselves with. That is, as I have already demonstrated by reading its title, a very old and highly technical piece of legislation. It covers the parameters of the process of approving a firearm, including the archaic governance elements of the Birmingham proof house. It was passed in 1868, when there was a thriving Birmingham gun trade, which I presume no longer exists. To give Members some indication of—”
“I appreciate that Opposition Members may not agree, but that is the nature of debate. I ask the shadow Minister to withdraw her amendment.”
“Some of the provisions currently in primary legislation, such as the detailed requirements relating to gun-barrel proofing or the margin tolerances for packaged goods, are very technical. Our approach has therefore been to apply the affirmative procedure to regulations likely to be of particular interest to Parliament, such as the creation or widening of criminal offences or new powers of entry. The powers in the Bill are crucial to ensuring that our product regulation framework is agile, up to date and able to effectively protect consumers and businesses. We have taken great care and have listened to concerns, and we now have the right balance between taking powers to enabling us to meet the objectives of the Bill and ensuring parliamentary scrutiny for the exercise of those powers.”
“We need to ensure that new regulations do not duplicate or overlap with existing legislation in a confusing way. That is vital for providing consumers and businesses with clarity. Amendment 13 would make all regulations under the Bill that amend primary legislation subject to the affirmative procedure. It would also impose a mandatory six-week consultation period and require the Secretary of State to publish a detailed statement in advance of regulating. As I have stated, the Bill already requires the affirmative procedure for regulations amending primary legislation, as set out in clause 12(4)(g). In any such debate, the Government would of course set out why they are regulating, and in the other place we introduced an appropriate consultation requirement and additional triggers for the affirmative procedure.”
“It will be subject to the affirmative procedure and will also be subject to consultation with relevant stakeholders. Amendment 11 would remove the power in the Bill to make amendments to legislation in consequence of the amending or repealing of the Acts specified in clause 10. That is a limited power that enables us to tidy up the statute book by ensuring that any cross-references to those Acts are updated as needed. Amendment 12 would prevent any regulations made under the Bill from amending any primary or secondary legislation passed under other Acts. That goes to the core purpose of the Bill: to enable us to keep our product and metrology legal framework up to date and effectively protect consumers and support businesses. The power to make consequential amendments is a standard approach to legislation.”
“I am grateful for my hon. Friend’s intervention. Indeed, I understand that that is now the premier proof house in the country, but some of the provisions in the 1868 Act show why we think these Henry VIII powers are appropriate. For example, sections 56, 65 and 66 set out that the Birmingham proof house must meet on Thursdays and that its annual general meeting must be held on the last Tuesday of April. I really do not think that parliamentary time needs to be expended on updating those particular rules. The last Gun Barrel Proof Act was passed in 1978, when I believe some members of the Committee were not even born. That shows that this is not something that is at the cutting edge of our thoughts, although it does need modernising.”
“Friend the Member for Birmingham Northfield will make himself available for any such debates. I commend the clause to the Committee.”
“Instead, we are repealing only the necessary specific provisions in existing measures that are no longer needed on the face of legislation. Commencement orders will be used to repeal those provisions at the right time, through regulations made under the Bill, to remove duplication in the statute book or to provide for regulatory continuity. The single Henry VIII power that remains in the clause allows us to update the Gun Barrel Proof Acts 1868 and 1978. As I have explained, it is a very focused power to deal with the highly technical Gun Barrel Proof Acts. Subsections (3) and (4) of clause 12 ensure that any regulations that amend or repeal the Gun Barrel Proof Acts will be subject to the affirmative procedure, so the House will have the opportunity to express its opinion. I am sure my hon.”
“We have already had a substantial debate on clause 10 as a result of the shadow Minister’s amendments, so I will be brief. The clause repeals specified provisions within the Consumer Protection Act 1987 and the Weights and Measures Act 1985 that may be rendered unnecessary or duplicative by regulations made under the Bill. It also allows regulations to amend the repeal of the Gun Barrel Proof Acts, which we have debated extensively. The Bill, as introduced, sought Henry VIII powers for the repeal of the Consumer Protection Act and the Weights and Measures Act, as well as for the Consumer Rights Act 2015, but we listened to concerns expressed about those powers and have amended the Bill to eliminate most of them.”
“Clause 11 provides the power to amend the definition of an online marketplace, which enables the provision to be updated to include any future business models and types of online marketplace that might not be captured within the current definition. The use of the power will be subject to the affirmative procedure because amending the definition of an online marketplace in the Bill through secondary legislation is an important delegated power.”
“We expect supply chains and e-commerce to continue to evolve, with the way in which UK consumers purchase products continually changing in ways that we may not be fully able to predict. Even within the past few years, we have seen new entrants and evolving business models of online marketplaces emerge. For example, since Temu launched in the UK in April 2023, it has amassed more than 11 million UK visitors per month. TikTok Shop launched in the UK in 2021 for businesses to sell products directly from social media videos. B&Q launched its online marketplace in March 2022, with a focus on selling via verified sellers. The proliferation of models is increasing. It is vital that product safety regulation can keep pace with future changes.”
“Clause 11 sets out the interpretation of key terms used throughout the Bill. Although many terms within the clause are commonplace, the definitions are set out so that the legislation is interpreted as intended, which is critical to the effectiveness of the Bill’s powers, as many of the terms are referenced throughout. It includes a definition of an “online marketplace”, which captures the range of different marketplace business models. We have already debated how that may well change in the future. Online marketplace sales are rapidly growing as a proportion of retail sales, reaching £29.3 billion in 2022, with an estimated growth of 70% between 2019 and 2024. It is therefore vital that product safety legislation captures online marketplaces as key supply chain actors.”
“Inspiration comes in many forms. This is a rapidly evolving way of retailing, so we have discussed it with officials quite extensively. We are seeking to ensure that we are future-proofed for new business models. As I said, there are ways of selling items that I did not know existed until very recently. We want to make sure that, through subsection (2), we have the ability to update regulations when those new models emerge and do not tie ourselves in too much. I agree that definition (c) could cover everything, but we simply cannot predict how things will evolve in the future. It is important to clarify that any extensions to the definition of “online marketplace” will be subject to the affirmative procedure, which I hope gives the shadow Minister assurance that there will be an opportunity for parliamentary scrutiny.”
“I will write to the hon. Lady, but that is definitely my understanding. It is certainly in the code of conduct, but we will make sure that we get that clarified for her.”
“We will seek to give the shadow Minister assurances. If she is not assured, she can table an amendment on Report. Question put and agreed to. Clause 11 accordingly ordered to stand part of the Bill. Clause 12 Regulations Amendment proposed : 8, in clause 12, page 12, line 6, leave out from “Act” to “may” in line 7. —(Dame Harriett Baldwin.) This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament . Question put, That the amendment be made.”
“It specifies that regulations can amend existing provisions, as distinct from making fresh regulations. Government amendment 1 removes that unintended impact by removing the references to clause 9.”
“I beg to move amendment 1, in clause 12, page 12, line 20, leave out “7 to 10” and insert “7, 8 and 10”. This amendment corrects a cross-referencing error. Government amendment 1 is a technical amendment to the drafting of the Bill, so I will not take up much of the Committee’s time speaking to it, but simply explain why it is needed. It makes a drafting change to clause 12(4), which lists the regulation-making clauses in the Bill that are subject to the affirmative procedure for statutory instruments. The current drafting includes clause 9 in that list. That is an unintended consequence of a previous amendment inserting clause 9 into the Bill. Unlike the other types of provision specified in clause 12, clause 9 does not confer a power to make a particular type of substantive provision.”
“I do not have an answer to that at the moment. My understanding is that this is effectively a change in the numbering rather than anything more substantive. It is an erroneous reference, which we tried to bottom out in discussions, but there is nothing dodgy going on here.”
“The exact requirements and capabilities of recall notices will be considered within the wider review of enforcement powers under the Bill. Part of that review will consist of extensive engagement with stakeholders. Placing a six-month time restriction on that—as suggested by the amendment—would therefore only restrict the amount of engagement possible. We do not believe that new clause 12 is needed, so the amendment that seeks to apply the affirmative procedure to regulations made under the new clause is also unnecessary. I hope that the hon. Member for Chippenham is assured that we take the matter seriously and will act on it when the Bill receives Royal Assent.”
“Furthermore, consumers are already able to make a claim for a refund, repair or replacement under the Consumer Rights Act 2015, and other routes for redress include the Consumer Protection Act 1987, the Consumer Protection from Unfair Trading Regulations 2008 and the Digital Markets, Competition and Consumers Act 2024. Supply chain actors are already under an obligation to report products that pose a risk to the relevant enforcement authority, as identified in legislation under the General Product Safety Regulation 2005 and sector-specific product regulations. Additionally, a publicly accessible, Government-hosted online database of product recalls—the “Product Safety Alerts, Reports and Recalls” database—is on gov.uk.”
“I am grateful to the Lib Dem spokesperson, the hon. Member for Chippenham, for raising this important issue. The amendment is consequential on new clause 12, on product recalls. It is important to state first that the Government are reviewing product recalls, as well as the full range of existing enforcement powers available for product safety and metrology, as part of our work on developing new enforcement regulations under the Bill, so the hon. Lady’s concerns are certainly ones we are aware of. Elements of the developing proposals will be included in the broader consultation document that the Government have agreed to publish on Royal Assent.”