← LEADERSHIP TERMINAL

UK PARLIAMENT · SITTING

Kevin Hollinrake

MP for Thirsk and Malton · Conservative · United Kingdom

IN THEIR OWN WORDS

That issue is one of the many things that the people who signed the petition are concerned about, Dr Huq. One of the big things that the Government promised, which I agree with them about, is the need to encourage faster growth in our economy. Of course that is right, but look at where that growth is.

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The UK economy went through many challenges, of course, some of them caused by Brexit; the reality is that a change like that was bound to have a short-term effect—but only a short-term effect. The country grew faster than Germany and France during that period of time.

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As I said before, governing is not easy; we had many challenges ourselves, and we did not get everything right, but what we did during that difficult period of time—those 14 years—was get 1.2 million more people employed in our economy. Unemployment was halved during our time in office.

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Of course, many Government Members supported his leadership challenge. We are here now, looking forward to a general election coming down the track. We are ready for a general election when the Government are, because, unlike them, we have a strong leader—against their weak leader.

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I was, absolutely. I thank my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for his excellent opening speech. He made so many good points, not least about the level of support for this petition.

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Members on the Government side of the House also feel betrayed and angry with their own leadership, for marching them up to the top of the hill and marching them back down again on many of these issues, but they do not feel as betrayed as the businesspeople in this country in particular.

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The complete record

Every one of 3,516 lines we hold for Kevin Hollinrake, in date order, each linked to its source. Free to read, in full, without an account. Page 36 of 71.

  1. I thank my hon. Friend for the points in his question, and we absolutely agree that we need to accelerate compensation payments. As I say, we have made significant progress on the HSS scheme. For the two other schemes—the GLO scheme and the overturned convictions scheme—we need to get those payments resolved as quickly as possible. There have been around £40 million of interim payments through those schemes, but the full and fair compensation—the final compensation—is where we need to get to. On holding people to account, he will have heard what I said earlier and I absolutely agree with him on that point.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  2. The hon. Gentleman raises an interesting point, as does Sir Wyn Williams, and we are looking at that recommendation carefully. It is our intention that everybody who has been affected by this is fully and fairly compensated, and we will look at any further issues that might get in the way of that. We are keen to resolve those kinds of issues.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  3. We certainly agree with that, and we should leave it to the Williams inquiry to establish who knew what when, and what could have been done earlier, and hold those people to account. Getting wider compensation out to those affected is the No. 1 priority, and the why, who and when is a secondary point to ensuring that people are fairly compensated. That is the No. 1 thing on my agenda, and I thank the hon. Gentleman for all his work on this issue over a number of years.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  4. Those decisions are made by others, not by me, so I cannot comment on those specific cases. The hon. Lady raises an interesting point. To be fair, in this country people are still innocent until proven guilty, and it is right that due process is followed and guilt established before we make decisions on how we treat companies or individuals down the line. Like me, she would like to see the full results of the Williams inquiry as soon as possible, so that we can determine blame.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  5. I dealt with that question a second or two ago. It is right that the presumption of innocence is followed until proven otherwise, and the Williams inquiry is looking at Fujitsu’s role in this, as well as the roles of individuals in the Post Office and elsewhere. With regard to the document he refers to, clearly that is inappropriate, and the Post Office has apologised for it. That document, among others, forms part of the Horizon inquiry, which will need to establish the full facts before we decide what action to take.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  6. I am grateful to the hon. Gentleman for speaking out about this matter on a number of occasions. One of my constituents—Sam Harrison of Nawton near Helmsley—passed away prior to receiving full and fair compensation, and that situation should never have been allowed to happen. Interim payments are available, so some compensation is available. In the terrible situation where somebody has passed away, that compensation will still be paid to their estate. That is slim comfort of course, and the hon. Gentleman’s central point that we should get the money out the door as quickly as possible is one I totally agree with.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  7. I am grateful to the hon. Lady for her question, and I am happy to look at any specific cases. If she is talking about those who are bankruptcy claimants, Sir Wyn in his report agrees with our view that insolvency practitioners should not be able to take a share of group litigation order compensation. We have taken advice from specialist counsel on how best to deal with that issue, and we will look to take further action on that in due course.

    POST OFFICE HORIZON IT SCANDAL: COMPENSATION · 2023-07-18 · READ IN HANSARD

  8. In the light of the recommendations from the Joint Committee on Human Rights and points raised in both Houses during the Bill’s passage, the Government accept that further detail would give unions more legal certainty and foresight with regard to their obligations than the Bill provides in its current form. The Government will therefore introduce a statutory code of practice on the reasonable steps that must be taken, using existing powers under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992. These powers enable the Secretary of State to issue a code of practice to promote the improvement of industrial relations.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  9. The Government will continue to uphold their international obligations as the minimum service regulations are introduced. Lords amendment 2D also seeks to ensure that the “reasonable steps” that unions should take to make sure that their members comply are considered as part of the consultations that are required before minimum service regulations are made. Members will recall that when this House last considered the Bill, I confirmed that the Government were willing to consider whether there was a case for providing further detail on the reasonable steps that unions must take under new section 234E to ensure that identified workers comply with a work notice given by an employer.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  10. The Bill already requires Ministers to do just that, as they have done in undertaking public consultations on their intentions to bring forward minimum service levels to passenger rail services, ambulance services and fire and rescue services. Impact assessments were published alongside those consultations and final impact assessments will be published alongside the regulations the Government bring forward for approval in Parliament in due course. My colleague Lord Callanan was right to say in the other place that the ILO did not say that the legislation was not compatible with ILO conventions. It simply said that it should be compatible and that we should ensure that it is. As stated in Parliament when introduced and throughout its passage, the Bill is compatible with the UK’s international obligations.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  11. I beg to move, That this House disagrees with Lords amendment 2D. This House has been asked these questions before and twice this House has said no with an overwhelming majority. We are asked to consider for a third time an amendment that significantly expands on previous versions that have already been rejected. Members of the other place referenced the report of the International Labour Organisation’s committee of experts as a reason to reconsider. However, I should note that this ground has already been well covered by both Houses. It was argued that Lords amendment 2D requires Ministers to do what the ILO is requesting: to undertake consultation when considering introducing regulations to implement minimum service levels.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  12. The code of practice will be consulted on so that all parties are clear about what the obligations of the unions will be. We expect them to be quite straightforward. They have been debated at length, along with various ideas about how this might operate.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  13. As I have said, we intend to consult with all parties to make sure that they have a chance to comment on what reasonable obligations a union might be required to take. I think that it is pretty straightforward, and, indeed, unions will be familiar with the code of practice on picketing that was issued under section 203 of the 1992 Act. This code will be subject to statutory consultation, including consultation with ACAS, and to the approval of Parliament. The consultation will give trade unions, employers and any other interested parties an opportunity to contribute to practical guidance on the steps that a union must take in order to make it as practicable, durable and effective as possible.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  14. We are not happy with a number of other parts of the amendment. We are proposing a measure that we have already proposed in earlier debates. It is, of course, up to those in the other place to decide how they take their amendments forward, but we believe that this is fair. We are satisfied that it is an effective way to provide for clarity, and that the individual consultations for specific minimum service levels in relevant services required by Lords amendment 2D are not needed. The real impact of the amendment would be a delay in the implementation of minimum service levels, given the additional and lengthy consultation and parliamentary requirements which we strongly suspect are its purpose. Unnecessary delays in the protection of the lives and livelihoods of those whom we have been elected to represent cannot be justified.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  15. I thank all Members for their contributions to the debate. I think that it is time to agree to disagree with some of the points that have been made by Opposition Members. The Bill is compatible with our international obligations, which the Government will continue to uphold. We have announced a new code of practice, which will provide the clarity that Opposition Members have been asking for throughout the Bill’s passage. I encourage the other place to take note of the strong view of this House, and that its will should be respected. Question put, That this House disagrees with Lords amendment 2D.

    STRIKES (MINIMUM SERVICE LEVELS) BILL · 2023-07-17 · READ IN HANSARD

  16. When the board has come to me on any matter, we have delivered on its suggestions.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  17. The group litigation order scheme is being delivered by my Department—the Department for Business and Trade—rather than the Post Office. It is always tragic to hear the many cases that relate to these issues. I have a constituent—Sam Harrison of Nawton, near Helmsley—who sadly passed away while waiting for her claim to be paid from the GLO. That is unacceptable, and we need to accelerate outstanding payments through all schemes. To date, the Department has paid out over £21 million in compensation, including through interim payments. We have received 18 claims. Across those areas, our priority is providing fair and swift compensation to those affected, so that postmasters achieve the justice they deserve. Indeed, we have made some adjustments to the scheme and to previous schemes, in terms of the tax treatment of the HSS.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  18. Over 99% of the original claimants to the HSS have now received an offer, and the value of the offers is more than £100 million. A further £2.1 million has been offered to the 91 late claims that have been processed so far. The hon. Member for Motherwell and Wishaw says she believes the claims have been settled at the lowest possible level. I do not accept that. The advisory board, including the right hon. Member for North Durham and the noble Lord Arbuthnot, and I attended a session with the HSS panel and the lawyers connected to that panel. It was clear to me, and I hope to other Members who attended that call, that the panel works on an inquisitorial basis, trying to identify any detriment, financial or otherwise, and to ensure compensation in full on those matters.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  19. Although there is still work to do, good progress has been made across the different compensation schemes. For postmasters who were wrongfully convicted due to Horizon shortfalls, Post Office has to date paid out over £20.4 million in compensation. That includes initial interim payments to 81 individuals and, additionally, 65 partial settlements, top-up payments or hardship payments. Post Office has reached full and final settlement with four claimants, and will continue to process claims that are lodged as quickly as possible. The Horizon shortfall scheme, which was set up as part of the settlement in the 2019 group litigation case against Post Office, provides redress for postmasters who repaid shortfalls but were not convicted or part of the court case.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  20. Member for Ellesmere Port and Neston (Justin Madders), challenged me on what the Government are doing to make sure that justice is delivered to those affected, and I am determined to make sure that we do everything possible in that regard. I am grateful to the right hon. Member for North Durham for his work on the advisory board, to which he referred. The board initially looked after just the GLO part of the scheme, but that was extended to all three schemes on the request of him and his colleagues on the board. I am delighted to see the work it is doing, and I am determined to give it what it needs to make sure that the schemes are fit for purpose and delivering outcomes as expected. Indeed, we expanded membership of the board to include, for example, Professor Moorhead, who has been a leading advocate in this area.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  21. On the Government’s part, I enjoy chairing our regular working-group meetings with Post Office and the National Federation of SubPostmasters, as I did yesterday, and I find them to be a useful forum to discuss the high-level issues affecting postmasters. On compensation, it is right to say that in order to look to the future, Post Office must first address and learn from its past mistakes so that it can rebuild trust in the business. We are determined that postmasters affected by the Horizon scandal receive the compensation they deserve, and the Government are supporting Post Office with funding to deliver that. The shadow Minister, the hon.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  22. This ensures that postmasters’ voices are being heard at the highest level—something that I witnessed yesterday when I attended the board meeting at the company’s offices. It is crucial that senior management is cognisant of the impact that its strategies and changes will have on those who are on the frontline of delivering services. Post Office has also appointed a current postmaster to a new director role, who leads the day-to-day relationship with postmasters. Alongside those appointments, Post Office has looked into operational matters to improve culture and trust between senior management, staff and postmasters. Improved training packages, and the hiring of more than 100 new area managers to provide dedicated local support, are examples of positive changes.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  23. When the current chief executive of Post Office, Nick Read, started his job in September 2019, he made it clear that Post Office needed to apologise for the events of the past, fully address them and, of course, compensate those who suffered detriment. A key part of that will clearly be the restoration of trust between Post Office and postmasters. That is so important, because, as I said previously in other debates, there is no post office network without postmasters. In December 2019, the parties to the group litigation order in Bates v. Post Office Ltd took part in a mediation session and issued a joint statement confirming Post Office’s commitment to resetting its relationship with postmasters. Since then, Post Office has appointed two non-executive director postmasters, who were elected by other postmasters, to the Post Office board.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  24. The Horizon scandal has had a devastating impact on those affected and on Post Office itself. It has now rightly accepted that it got things very badly wrong. I thank all right hon. and hon. Members for all the work they have done in campaigning over many years, including the hon. Member for Motherwell and Wishaw, my hon. Friend the Member for Telford (Lucy Allan) and the right hon. Member for North Durham (Mr Jones). I also thank the noble Lord Arbuthnot, who is in the Gallery, and the many other people associated with this work, including the barrister Paul Marshall, the journalists Tom Witherow and Nick Wallis, Dan Neidle and, of course, Alan Bates and the 555 people who took the matter to court. We would not be here without them, and we are at least starting to put these matters right.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  25. It is a pleasure to speak with you in the Chair, Sir George. I thank the hon. Member for Motherwell and Wishaw (Marion Fellows) for securing today’s important debate and for her constant work in this area on the all-party parliamentary group on post offices. It is always a delight to work with her in these areas. We share her passion for the post office network and the services that it provides to communities up and down the country. A positive management culture is paramount for the health of any organisation, so I welcome today’s debate on the culture of the Post Office. As raised by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier), culture is critical to any organisation. As Emerson once said, “An institution is the lengthened shadow” of a single person, so leadership is hugely important in this context.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  26. I am keen to respond, as the right hon. Member knows, on a potential appeals process. I am looking at this carefully, and we will continue to engage on that, but we want to ensure that everything is fair and that people are confident in the process for getting the compensation they deserve. We want to ensure that the compensation is delivered on time. We have an August 2024 deadline, as the hon. Member for Motherwell and Wishaw mentioned. We are keen to deliver on that deadline and are looking again at further ways to expedite payments to all those still waiting. On governance, Post Office Ltd is a public corporation, and as such its board retains responsibility for the strategic direction of the company.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  27. We are looking at whether the Post Office network is getting a fair share of the savings that the banks are making by closing branches and making the Post Office the first point of call for access to cash, for example.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  28. Member for Motherwell and Wishaw spoke about post offices being the front office of Government. We very much see them as the front office of Government, but we do not dictate to consumers how they access vital services. Many consumers look to acquire services in different ways. Many people renew their passports and driving licences online these days rather than at the post office, and we want to give them the convenience of doing that. That creates challenges for the sustainability of the Post Office and of individual branches. We have to acknowledge that. The Post Office is putting together its future plan, and we are working with it on things such as banking services and access to cash, which we have now legislated for.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  29. I certainly will. This is all context to the issues that many people have raised around compensation, but I will certainly come on to those points. Through the shareholder’s representative on the board, the Government oversee the Post Office’s corporate governance, strategy, performance and stewardship of its financial and other resources. The Post Office reports to the Government on key issues at the regular shareholder meeting. The hon. Members for Motherwell and Wishaw and for Paisley and Renfrewshire North (Gavin Newlands) asked about the future of the Post Office and our plan for it. We all recognise that post offices are a valuable social and economic asset for communities. They deliver essential services and play a key role on our high streets. The hon.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  30. The Government are very supportive of the Post Office’s efforts to improve its culture and its relationship with postmasters, and to right the wrongdoings of the past. Despite the positive progress since 2019, there clearly are still many improvements to be made, and the Government will be watching closely to ensure they are properly implemented.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  31. Our review is being led by Simmons & Simmons, and we expect it to report to me by the end of the month, and of course I will wait for that before taking action. My hon. Friend the Member for Telford talked about the inquiry and disclosure. The Post Office apologised and has taken urgent steps to put things right. Its disclosure to the inquiry was clearly unacceptable. I am not aware of any breach of the Companies Act, but we will certainly look into that. My hon. Friend and the hon. Members for Rutherglen and Hamilton West and for Paisley and Renfrewshire North all asked about matters pertaining to the inquiry— what happened, why it happened and who is responsible. When the inquiry reports and assigns blame, we should be able to take action against those responsible.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  32. I am not aware of any withdrawal of services. There is a Driver and Vehicle Licensing Agency issue, and there is a negotiation between the Post Office and DVLA. It is absolutely right that postmasters get fair remuneration for those kinds of services; we agree on that. On senior pay and bonuses, what happened with the setting of the metric, and the awarding of the bonus around it, was unacceptable. The Post Office’s internal investigation has reported, and the Government have commissioned a separate review of the governance around Post Office decisions. We have not sat on that; it has not reported back yet. One thing we all agree on is that we need to follow due process in our oversight of the Post Office.

    POST OFFICE LTD: MANAGEMENT CULTURE · 2023-07-13 · READ IN HANSARD

  33. They are also liaising with the Health and Safety Executive for Northern Ireland, which is responsible for enforcing the Northern Ireland ATEX regulations and ensuring that it has all the necessary information to do so. In summary, this instrument is needed to ensure that the Windsor framework, with respect to the ATEX directive, is properly implemented in Northern Ireland. It does that by amending the Northern Ireland ATEX regulations to reflect the fact that the UK has left the EU and by introducing provisions on UK(NI) marking. I urge the Committee to approve this SI.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  34. Failure to comply with this new requirement will be a criminal offence in Northern Ireland. The Northern Ireland Department of Justice has confirmed that the new offence of failure to comply is consistent and proportionate and will not have a detrimental impact on the criminal justice system in Northern Ireland. As a result of the additional UK(NI) marking requirements, some businesses may incur costs associated with familiarisation with the new requirements and the labelling itself. However, the impacts of these changes are expected to be very limited. My officials in the Office for Product Safety and Standards will be providing online industry guidance to coincide with this instrument coming into force, to ensure that businesses have all the information they need on how to comply with the new requirements.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  35. It also ensures that information obligations on the UK to inform the Commission and member states apply only to information in respect of Northern Ireland and not the rest of the UK. The instrument introduces new provisions on the UK(NI) marking into the Northern Ireland ATEX regulations. In line with the Windsor framework, a manufacturer that wants to supply an ATEX product for the Northern Ireland market will need to manufacture that product to EU requirements. If that product requires third-party conformity assessment under the relevant EU legislation, and if a UK conformity assessment body is used to do that, the manufacturer will be legally required to apply the UK(NI) indication, which must accompany the CE or other relevant conformity marking.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  36. To address that, relying on a derogation in the framework, the UK previously legislated for a new UK(NI) marking to be applied in addition to the CE marking, where goods requiring mandatory third-party conformity assessment have been tested against EU requirements by a UK body. The UK(NI) marking applies when placing such products on the Northern Ireland market. This instrument makes the necessary amendments to ensure that the Northern Ireland ATEX regulations reflect the fact that the UK has left the European Union. For example, it ensures that references to member states are replaced with an appropriate term that includes Northern Ireland—but not GB—and the European economic area states.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  37. Currently the Northern Ireland ATEX regulations refer only to the EU market, which no longer includes Northern Ireland. Conformity assessment bodies perform the vital role of assessing whether specified requirements relating to a product, process, system, person or body are fulfilled, carrying out calibration, testing, certification and inspection activities. For the ATEX directive, as for other directives, there is a system of mutual recognition of conformity assessment bodies, meaning that a given EU country recognises the results from a conformity assessment body located in another EU country. This system of mutual recognition does not apply to UK conformity assessment bodies, which are now outside the EU.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  38. Settings where these conditions could arise include petrol stations and a range of mainly industrial locations, such as mines, agricultural silos and chemical processing plants. ATEX-compliant handheld radios would, for example, be mandatory for safe communication in environments with potentially explosive atmospheres, where a spark could react with the air to cause an explosion. There are separate GB and Northern Ireland regulations covering ATEX requirements. The Northern Ireland ATEX regulations—the Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017—were made by the Department for the Economy in Northern Ireland, with the Health and Safety Executive for Northern Ireland enforcing them.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  39. I beg to move, That the Committee has considered the draft Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations (Northern Ireland) 2017 (Amendment) (Northern Ireland) Regulations 2023. It is a pleasure to serve under your chairmanship, Mr Vickers. The purpose of this statutory instrument is to ensure that the Windsor framework, in respect of European Union directive 2014/34/EU, known as the ATEX directive, is properly implemented in Northern Ireland, and to introduce provisions regarding UK(NI) marking. The ATEX directive aims to prevent equipment or protective systems from becoming sources of ignition in atmospheres that could be explosive if conditions lead to dangerous levels of flammable gases, mist or dust.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  40. It is needed to properly implement the Windsor framework with respect to ATEX products. It achieves its main purpose by amending the Northern Ireland ATEX regulations to reflect the fact that the UK is no longer part of the EU and by introducing provisions on the UK(NI) marking, which will enable UK conformity assessment bodies to assess ATEX products for the Northern Ireland market and ensure conformity. The impact of the changes is likely to be very low for businesses and to be associated with familiarisation with the new UK(NI) marking requirements and the labelling itself. I am happy to commend this instrument to the Committee. Question put and agreed to.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  41. Lady raised about consultation, where there have been previous, similar instruments in this area, informal consultation did take place with a good cross-section of stakeholders, including trade associations and other industry representative bodies across the product areas covered by the instrument. Stakeholders were supportive of the need to maintain a functioning product safety and metrology regime on EU exit that mirrored the framework in operation the day before EU exit as closely as possible. As the hon. Lady rightly pointed out, an impact assessment has not been prepared for this SI, because measures resulting from the Windsor framework are out of scope of assessment. To conclude, it is vital for the reasons I am about to summarise that this instrument comes into force in Northern Ireland.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  42. I am grateful to the shadow Minister for her important points, and I thank the Committee for its consideration. On the costs to businesses, the majority of businesses likely to be impacted are SMEs, with micro and small totalling 91% and medium being 8%. Prior UK CA changes were applicable to all businesses, so no business is likely to be impacted more than another. On the impact assessment, according to the OPSS business population estimates in 2022, 5,445 businesses in the UK were subject to ATEX regulations. As that is an estimate, we provide a 10% upper and lower band, resulting in a high estimate of 5,900 businesses and a low estimate of 4,900. Firms would incur a familiarisation cost in the first year they were made aware of the changes. The cost is around £13,000. On the points the hon.

    DRAFT EQUIPMENT AND PROTECTIVE SYSTEMS INTENDED FOR USE IN POTENTIALLY EXPLOSIVE ATMOSPHERES REGULATIONS (NORTHERN IRELAND) 2017 (AMENDMENT) (NORTHERN IRELAND) REGULATIONS 2023 · 2023-07-12 · READ IN HANSARD

  43. I beg to move amendment 83, in clause 283, page 189, line 5, leave out subsection (9) and insert— “(9) For the meaning of “exempt ADR provider” and “exempt redress scheme” see section 287.” The amendment provides a signpost for the reader to clause 287, which identifies who are exempt ADR providers for the purposes of Chapter 4.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  44. Government amendments 90 and 91 clarify that the limited conditions under which fees may be charged apply only to accredited ADR providers. I commend the clauses to the Committee.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  45. Government amendments 84 to 88 add references to Scottish and Northern Irish legislation in relation to the supply of those utilities, which were omitted on introduction. Government amendment 89 removes a superfluous definition. Clause 285 prohibits ADR providers from carrying out ADR unless they are accredited or acting for someone who is. That is subject to the exemptions provided in clause 287. It also prohibits ADR providers arranging for third parties to carry out ADR on their behalf unless their accreditation or exemption permits that. Clause 286 restricts the fees that accredited ADR providers may charge consumers to fees approved by the Secretary of State and those that are published. That will prevent excessive fees and ensure transparency in fee charging.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  46. It is a pleasure to serve under your chairmanship on hopefully the last day of this Bill Committee, Dame Maria. Chapter 4 of part 4 of the Bill aims to strengthen the quality of alternative dispute resolution available to consumers. The chapter replaces EU-derived regulations on ADR with a stronger regime that requires ADR providers to be accredited. Clause 283 defines ADR, which includes mediation, arbitration, early neutral evaluation and action under an ombudsman scheme, and who is an ADR provider. It applies only where ADR is provided in the context of a consumer contract dispute. Government amendment 83 makes a consequential change to clause 283 in connection with amendments to clause 287. Clause 284 defines consumer contracts and consumer contract disputes. Consumer contracts include suppliers of electricity, gas, water and heat.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  47. Clearly, the Bill sets out the fact that ADR providers are restricted in what they can charge for. It is therefore very much the assumption that the fees that they charge will be fair and transparent; that is the basis of this. I am not sure what clarification the hon. Lady might be seeking other than on those particular points.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  48. Amendment 89, in clause 284, page 191, leave out line 4.— (Kevin Hollinrake.) The amendment deletes an unnecessary word: the term “business” does not need to be defined as it is not used in Chapter 4 of Part 4 of the Bill. Clause 284, as amended, ordered to stand part of the Bill. Clause 285 ordered to stand part of the Bill. Clause 286 Prohibitions relating to acting as ADR provider Amendments made: 90, in clause 286, page 191, line 39, after “the” insert “accredited”. This is a drafting amendment to clarify which ADR provider is referred to in clause 286(2)(a). Amendment 91, in clause 286, page 192, line 4, after “the” insert “accredited”.— (Kevin Hollinrake.) This is a drafting amendment to clarify which ADR provider is referred to in clause 286(2)(c). Clause 286, as amended, ordered to stand part of the Bill.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  49. Amendment 88, in clause 284, page 190, line 8, at end insert— “(b) a person supplying water under a water services licence within the meaning of the Water Services etc. (Scotland) Act 2005 (asp 3), or (c) a water undertaker within the meaning of the Water and Sewerage Services (Northern Ireland) Order 2006 (S.I.2006/3336 (N.I.21)).” The definition of “water supplier” in Part 1 of the Water Industry Act 1991 only extends to England and Wales. This amendment would add references to the corresponding suppliers in Scotland and Northern Ireland. In the current text of the definition, the words after “means” will become paragraph (a).

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD

  50. The provisions of the Electricity Act 1989 referred to in clause 284(3)(d) do not extend to Northern Ireland. This amendment would add a reference to the corresponding legislation in Northern Ireland. Amendment 86, in clause 284, page 190, line 4, at end insert “or Part 2 of the Electricity (Northern Ireland) Order 1992”. Part 1 of the Electricity Act 1989 does not extend to Northern Ireland. This amendment would add a reference to the corresponding legislation in Northern Ireland. Amendment 87, in clause 284, page 190, line 6, at end insert “or Part 2 of the Gas (Northern Ireland) Order 1996 (S.I.1996/275 (N.I.2))”. Part 1 of the Gas Act 1986 does not extend to Northern Ireland. This amendment would add a reference to the corresponding legislation in Northern Ireland.

    DIGITAL MARKETS, COMPETITION AND CONSUMERS BILL (FOURTEENTH SITTING) · 2023-07-11 · READ IN HANSARD