Kate Dearden
MP for Halifax · Labour (Co-op) · United Kingdom
“As part of that, in the coming months we intend to launch a senior oversight board comprised of unions, businesses, scrutineers and cyber-security experts, who will share feedback on the operation of electronic balloting.”
“When determining the method or combination of methods to be used for a ballot, the responsible person must apply the criteria and consider the factors specified in the legislation and the code of practice. Of course, if the union is acting on that ballot, it is best placed to decide what the combination of methods must be.”
“As electronic ballots will require the use of personal email addresses or mobile numbers, unions will need to gather that information from their members before they commence.”
“It makes holding a ballot unduly expensive and time-consuming, and it can act as an unnecessary barrier to democratic participation in a union. The statutory instrument addresses that directly.”
“On the shadow Minister’s point about the chosen methods, electronic balloting has been a well-established option for businesses and political parties—including his own party—for many years. The Government will deliver modern and secure electronic workplace balloting, as we made clear in our manifesto and our wider Make Work Pay agenda.”
“The statutory instrument will introduce three additional methods of voting, alongside post. First, electronic voting will allow members to cast their votes online, using secure access credentials. That will be permitted only where a union member has provided a personal email or telephone number to their union.”
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“That meant that we had to take difficult decisions to get the nation back on track, and one of the toughest decisions was to raise the rate of employer national insurance contributions, but we are protecting the smallest businesses from these changes, including many of those in the hospitality, leisure and retail sectors. These difficult but necessary steps will protect our public finances and ensure that we can to continue to fund our essential services, such as the NHS and social care, and to invest in the economy. Moving swiftly on, many Members have mentioned the visitor levy. Our mission is to kick-start economic growth and to devolve fiscal powers, and the levy is critical to that. Introducing a visitor levy provides mayors with a new lever that they can use to raise funds for reinvestment locally.”
“We know that this tax cut must be sustainably funded, which is why from April next year, we are applying a higher rate to the most valuable properties—those with rateable values of £500,000 and above. Let me be clear: those properties represent less than 1% of all properties, but they include the majority of large distribution warehouses, including those used by online giants. Some Members have spoken about the raising of employer national insurance contributions in last year’s Budget. I have already mentioned the state of the finances we inherited from the Conservative party.”
“Members for North Dorset (Simon Hoare), for Hinckley and Bosworth (Dr Evans) and for Gosport (Dame Caroline Dinenage)—raised the subject of business rates reform, as did the shadow Secretary of State. This Government are determined to remove barriers to investment, helping our businesses to succeed, our high streets to thrive and our economy to grow. We are introducing permanently lower tax rates for retail, hospitality and leisure properties with rateable values below £500,000 from April next year. This will give long-term certainty and support to the high street, in marked contrast to the previous form of relief, which created a yearly cliff edge and had to end entirely in April next year.”
“I have heard lots of Conservative Members reflect on unemployment. What they fail to mention is that the average unemployment rate over their 14 years in government was 5.4%, which is substantially higher than the current unemployment rate. As the right hon. Gentleman knows from Monday’s debate, we have committed to consult on seasonal work. We will work with businesses, trade unions and all other stakeholders to get the legislation right—I will continue to listen and to work with them on the details. It is so important that we pass the Employment Rights Bill, so that we can consult and stick to our road map for implementing it. Many working people and businesses across this country want that certainty; they want us to crack on. I will try to make some progress, as we are pressed for time. Several hon. Members—including the hon.”
“We have boosted pay for millions of the lowest earners, and we are putting money back into people’s pockets. We are making work pay again in a way that suits the 21st century, and that will create security and opportunity for everyone, no matter their background. Most of all, we have a commitment to a core British value: those who work should be rewarded. As we put it in Yorkshire, this is about a fair day’s pay for a fair day’s work. We are getting on with the job. We are focused on fixing the long-term damage to our economy, and setting Britain on the path to renewal. That is why I call on the House to support our amendment. Question put (Standing Order No. 31(2)), That the original words stand part of the Question.”
“There are more 18 to 24-year-olds in employment than a year ago. The Tories left the NEET rate rising and saw a colossal rise of almost a quarter of a million in young people out of work. We are determined to turn that around. NEET numbers are still too high, and lots of Members have rightly reflected on that. We want to give young people a brighter future, and that will be the impact of our youth guarantee. Our measures supporting young people to earn and learn are backed up by the evidence on what works. There is a national crisis of opportunity, and we are taking action in response —through the youth guarantee, the growth and skills levy, and, more widely, by interrogating the root causes of the issues, with the support of Alan Milburn. To summarise, this Labour Government are on the side of working people and our brilliant businesses.”
“The Under-Secretary of State for Business and Trade, my hon. Friend the Member for East Renfrewshire (Blair McDougall), mentioned in his opening remarks all the steps that we are taking to reduce those burdens, and all the policies that we are introducing to back our small businesses across the country. On the point that the hon. Member for Hinckley and Bosworth made on investment, just last month J.P. Morgan announced its £3 billion tower. That is one of the largest financial services investments in recent years. Scottish Power has announced a £24 billion clean energy investment, which will create 2,000 jobs up to 2028. We are proud of that investment. I will finish on the subject of the youth guarantee. Many Members have stressed the importance of employment for young people.”
“I beg to move, That this House insists on its disagreement with the Lords in their amendment 1B but proposes amendments (a) and (b) to the Bill in lieu of that amendment.”
“That is the timeline that businesses have been working towards. It is also important to limit the time that employees must wait for their rights to be strengthened while implementing changes in a way that is manageable for business. That is why I am pleased to tell the House that the six-month qualifying period for unfair dismissal protections will be brought in from 1 January 2027.”
“In late November, I convened a series of constructive conversations between trade unions and business representatives, and I am extremely grateful for the positive and productive contribution of both sides of industry to that dialogue. It is a testimony to their leadership, and I thank them for it. I am pleased to report that we have come to a workable agreement with trade unions and business representatives on the unfair dismissal provisions. The Government’s amendments in lieu will reduce the qualifying period for unfair dismissal from 24 months to six months, while maintaining existing day one protections against discrimination and automatically unfair grounds for dismissal. The implementation road map sets out that the changes related to unfair dismissal will come into force in 2027.”
“This Bill is a win-win for employers, employees and a more competitive British economy. By delivering this change together, we will back businesses that do the right thing while giving hard-working people the job security and opportunities that they deserve. That is why we must press ahead with delivery. Too many workers are waiting too long to feel the benefits of these reforms, and too many businesses face the uncertainty of when this Bill will become law and want clarity on its implementation. The Government are seeking the support of this House so that we can secure Royal Assent and finally be able to move towards implementing change. First, I will speak to the Government amendments in lieu, which relate to unfair dismissal.”
“I am pleased to return to the Employment Rights Bill for the consideration of Lords amendments for a third time. The Government’s plan to make work pay, on which we were elected and in which we committed to deliver the Employment Rights Bill, will bring employment rights legislation into the 21st century, extending the protections that many British companies already offer to their staff to all. By doing so, we will endeavour to end the unfair market competition in which some firms seek to beat their competitors not by better quality or increased value, but by cutting the pay and conditions of their workforce. That is why this Bill is truly pro-business and pro-worker, pro-growth and pro-competition, and contributes to the creation of a fair and flexible labour market.”
“My hon. Friend will know that this Bill is extremely close to my heart, as it is close to the hearts of many Members in the Chamber today. It is something I have worked on for many years alongside trade union colleagues and, of course, my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner). Achieving the best possible deal for working people is the reason I am in this job, and it is why I wanted to ensure that trade unions were consulted at every step of the way, along with the excellent business leaders who are crucial to delivering the growth our country desperately needs. Our amendments in lieu will deliver on our promises for working people up and down this country, while ensuring that the Bill is not stuck in parliamentary limbo for another year.”
“We reached this agreement with the unions in the room, and no one knows better than them what their members need. This is a significant step forward to put the Bill into practice.”
“I urge hon. Members to support the Government motions before the House today, including our amendments in lieu. Together, they form a package that strengthens workplace rights, reflects the value we place on fair and flexible labour markets, and demonstrates the Government’s willingness to listen to concerns and act on them. We place a premium on dialogue and compromise as key components in modern labour relations; we want to consign the narrow, partisan, party political prejudice of previous decades to the dustbin of history, and build instead a modern industrial relations framework that values partnership, dialogue, flexibility and fairness for all sides. Our amendments in lieu fully reflect that approach, and in that light, I commend them to the House.”
“Our amendment (a) in lieu cements that intention by requiring the Secretary of State to have regard to any effects of the introduction of non-postal balloting, including e-balloting, on the proportion of those entitled to vote in industrial action ballots who actually do so. In having regard to the effects of e-balloting, the Government will monitor and assess the practical impact of non-postal balloting on rates of participation in industrial action ballots, so that we will be confident that modernising the means of balloting increases member participation. In addition, we have tabled amendment (b) in lieu, which will place a statutory duty on the Secretary of State to lay a statement before Parliament that demonstrates how the Government have had regard to non-postal balloting before making regulations to repeal the 50% threshold.”
“That guidance will set out the kind of provision that unions should include in their rules about the timing of giving effect to opt-out notices. Finally, I will address the issue of industrial action ballot thresholds and related Government amendments in lieu of Lords amendment 62. As I have said, this Government want to end disputes and conflict in the labour market; we also want more trade union members to have a say in decisions about escalating disputes where they arise. We will repeal the 50% threshold and—as we have previously stated—align this with the establishment of non-postal balloting, including e-balloting, so that decisions about industrial action keep pace with the communication channels of modern life.”
“We have heard the concerns about how opt-out notices would take effect, and we believe our amendments will refine that process. Under the pre-2016 legislation, an opt-out notice could only take effect on 1 January of the year after it was given. Under the Government’s amendment, opt-out notices will now take effect on either 1 January of the following year or on a day specified or determined by the rules of the union, whichever comes first. We are aware that in practice, prior to 2016, unions generally gave effect to opt-out notices before the subsequent 1 January date anyway; amendment (a) in lieu affirms that flexibility in the legislation. We have also tabled amendment (b) in lieu, which places a statutory duty on the Government to issue guidance within three months of the clause coming into effect.”
“This means that before any such regulations are introduced, employers, trade unions, and other parts of civil society with an interest in seasonal work, will be fully consulted. I will now address the issue of political funds and the related Government amendments in lieu of Lords amendments 72D to 72H. The Government remain committed to the repeal of the Trade Union Act 2016. That includes reinstating the long-standing practice that existed for 70 years before that Act, whereby new union members are automatically included as contributors to a political fund unless they choose to opt out. This will return us to arrangements that worked well for decades, removing bureaucratic red tape on trade unions that works against their core role of negotiation and dispute resolution in the interests of working people.”
“These amendments will ensure that vital stakeholders can have the opportunity to contribute before the lengths of the reference periods are determined by regulations that work for worker and employer alike. By delivering this change with the input of stakeholders, we will provide a fair and balanced approach. Let me turn to the Government amendments in lieu of Lords amendment 48B, which relate to seasonal work. In order to help address fluctuating demand, the Bill allows guaranteed hours offers to take the form of limited-term contracts where reasonable. The Government have tabled amendments that place a statutory duty on the Government to consult before making any regulations to specify what counts as a temporary need.”
“I hope the other place can attach similar importance to that co-operation, and that it will let this Bill—the product of a general election mandate and the good will of both business and trade unions—proceed to Royal Assent. These discussions and the workable compromise highlight the importance of participation, and I urge those listening to today’s debate to engage with the consultations set out in the implementation road map. I will now speak to the Government amendments in lieu that relate to zero-hours contracts and the right to guaranteed hours. We have tabled amendments that will create a statutory duty to consult on the length of the initial reference period and the length and timings of subsequent reference periods before exercising the relevant powers.”
“For several other employment rights, the amount of compensation that can be awarded by a tribunal is limited by cross-referring to the unfair dismissal cap, so our amendments will ensure that these consequential issues can be considered and dealt with effectively through secondary legislation. We know that security of work is critical for working families, and we are also acutely aware of the challenges businesses face. That is why we are committed to open and constructive dialogue with all stakeholders. If these changes are to create the conditions for lasting, fair and flexible labour laws, dialogue and co-operation must be our watchwords.”
“We need a tribunal system that works for employees and employers alike—one that is not gummed up by process and unnecessary delay nor bedevilled by bogus claims. Our aim is to make the tribunal system work more effectively and efficiently for all, so that those judged to have been unfairly dismissed get the compensation they deserve, the system works to resolve cases more speedily and unfounded claims are dismissed more urgently. As we review the tribunal system, in the spirit of partnership, we will work with businesses and trade unions to create a tribunal process that is fairer and faster. No committed employee should lack the protection they deserve, nor should any reasonable employer fear the consequences of an unsubstantiated claim.”
“This change will benefit millions of working people, who will gain greater security at work, and it will offer businesses and employers the flexibility to ensure new hires can do the job, get the skills to match, contribute to business success, and build a stable and secure working life. To further strengthen these protections, the Government amendments will also ensure that the unfair dismissal qualifying period can only be varied by a future Government through primary legislation, and will remove the compensation cap. I know that some businesses have expressed concern about the agreement to lift the compensation cap; I can tell the House that we want to remove the scope for employment tribunal cases to be more complex and convoluted than they need to be.”
“Other employees will gain protection once they reach six months’ service; for example, someone who starts work on 1 November 2026 will qualify for protection from unfair dismissal on 1 May 2027—International Workers’ Day—which is 20 months earlier than under the current law. This approach was taken in 1999, when the qualifying period was reduced from two years to one. This approach will prevent a two-tier system, in which some people would remain on a two-year qualifying period while newly hired employees were subject to a six-month qualifying period. The commencement of the unfair dismissal provisions will be set out in commencement regulations, as is standard practice. I am happy to commit to making those regulations early next year, implementing our commitment to commencement on 1 January 2027.”
“I will speak to zero-hours contracts later in my contribution. This is about rebalancing power —giving workers access to guaranteed hours if they need and want them. Let me return to the unfair dismissal protections that we will bring in from 1 January 2027. Our intention is to adopt a commencement approach that would extend protections immediately from that date to employees who already have six months’ service or more. For example, under this proposal, someone employed from today will gain protection against unfair dismissal on 1 January 2027. That is almost a full year earlier than under the current law.”
“With respect, I was in the room as part of the negotiations with business representatives and trade unions, and I thank them again for the constructive dialogue and leadership that they showed throughout the numerous days of conversation. I can confirm that the compensation cap was discussed and agreed in the room, so I ask the Liberal Democrat spokesperson to reflect on her comments. I was in the room; with due respect, she was not. That is a true reflection of what was discussed and agreed.”
“I thank her for her remarks and reflections today. The Government amendments in lieu are a result of dialogue and compromise. Business and unions have preferred to go the extra mile to find solutions, rather than insisting on their own positions and disregarding all other perspectives. I thank my colleagues for their reflections, and I am pleased that we have been able to provide a workable agreement with trade unions and business representatives on the unfair dismissal provisions.”
“They saw the impacts of covid on our key workers and the limits of statutory sick pay, and decided to do nothing. The world of work has changed an enormous amount in the last 20 years, and the Conservative party seems to be telling us that the system is working as intended, but I say that it is not. I say it needs change, and it needs this Bill. I thank my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) for her leadership, and for all her work on the Bill and on our wider package for working people. I know she is keen to see the time that employees must wait for fair rights to be shortened, and we share her desire for employees to benefit as soon as possible from this Bill, which is why it is so important that we get it on to the statute book and implemented as soon as possible.”
“I only have a few minutes, so I will try to respond as quickly as I can to comments from colleagues across the House. I thank everybody for their reflections today. To respond to the shadow Minister, I do not recognise the figures he mentions, and I urge hon. Members to reflect carefully on the figures that he mentioned in the debate. I would have thought that he had learned the terrible lessons from his former boss, Liz Truss, and I know my constituents are still paying the price for the impacts of her mini-Budget. He is now quoting the Growth Commission, which has Liz Truss as an adviser. I will leave it at that. The Tories had 14 years to adapt to the way the world of work has changed, but they did nothing to tackle exploitative zero-hours contracts and barely acknowledged the existence of the gig economy.”
“This Bill restores the rights that have been lost in a manner that is fit for the future. It will create security and opportunity for everyone, no matter their background. It is of paramount importance that we get this Bill on to the statute book, so that it can start delivering for businesses and workers as soon as possible. I urge all Members on both sides of the House to carefully consider the amendments we have proposed, and I hope they feel able to support our position.”
“Sadly, despite the persuasive arguments from my colleagues, I know that some Members from across the House will continue to oppose better rights for working people. However, after 14 years of the Conservatives letting workers’ rights rot, the economy stagnate and living standards fall, I am proud to be showing what Labour in power looks like: the biggest upgrade to workers’ rights in a generation; a relentless focus on growing our economy and making working people better off; and rising living standards in every corner of the country. Whereas Reform—its Members are not here— and the Conservatives show themselves to be two sides of the same anti-worker, anti-growth coin, Labour is fixing the foundations of our economy. The Government are making work pay again in a way that suits the 21st century.”
“I have two minutes left, so I need to proceed. I have talked in detail about our intentions behind this legislation. I know that my hon. Friends’ suggestions are well intentioned, but I stress that, as a package, our amendments reflect the agreement reached between business representatives and trade unions in a collaborative and constructive process. We want to bring this Bill to a conclusion so that it benefits millions of British workers, who will benefit from the new rights that it will deliver from April next year. We are extending statutory sick pay and parental leave and setting up the fair work agency, so that it has the enforcement rights that it needs and businesses can start preparing for implementation with certainty. I thank again all Members for their contributions today.”
“From a consumer protection perspective, the Government are supportive of alternative routes to recourse outside the courts, such as alternative dispute resolution and the ombudsman. Many similar schemes already exist, and the Digital Markets, Competition and Consumers Act 2024 strengthened ADR provision. That is also relevant to his comments and reflections on compensation, for which I thank him. I am very conscious of the time, Ms Furniss, so I will move to my concluding remarks and just thank hon. Members for raising lots of other issues that I do not have time to go through. I will be working closely with other relevant Departments on the wider infrastructure issues that Members have raised on house building.”
“Any proposal to introduce a licensing scheme in the UK would have to be based on an assessment of costs and benefits and would have to address those issues. Hon. Members also mentioned the issue of phoenixing. We are aware of the problem and work is ongoing. In the 2024 autumn Budget, we announced a greater focus between His Majesty’s Revenue and Customs, Companies House and the Insolvency Service on tackling rogue directors and phoenixing. Key actions include closing loopholes in company registration and dissolution, targeted enforcement to boost compliance, and stronger referrals. I thank the hon. Member for Wyre Forest for welcoming our New Homes Quality Board and ombudsman.”
“However, few evaluations have been undertaken of the effectiveness of those schemes. The available evidence suggests that they can deliver some benefits, such as increased quality, but that they can also have detrimental effects, including increasing prices for consumers. There is also no clear evidence that the existence of licensing schemes reduces the incidence of poor-quality work. The schemes are reliant on audits and inspections of work to identify incompetent builders, which is similar to the approach of the TrustMark and competent person schemes in the UK. There are also questions of how licensing schemes would be funded and administered, the implications for existing schemes in the UK, and the resourcing of the organisations responsible for the schemes.”
“That is the only Government-endorsed quality scheme for domestic construction. It covers trades such as fenestration, roofing, and kitchen and bathroom installation, as well as general building work, and it requires participating firms and tradespeople to demonstrate competence and provide for consumer redress. Government-funded schemes for energy and heat efficiency also require installers to hold relevant certifications and to provide consumers with access to redress. I know that the hon. Member for Wyre Forest has campaigned for a long time on licensing schemes. Licensing or registration schemes exist in the US, Australia and New Zealand and aim to improve quality, protect consumers from incompetent contractors, and provide consumers with redress for poor-quality work. The hon. Member spoke about that in quite a lot of detail.”
“Government bodies are also working with the super-sector working groups under the industry competence steering group, collaborating to improve trade and installer competence and to reduce the incidence of poor work. That process brings together over 1,000 individuals across trade bodies, professional organisations and employers to produce and implement competence frameworks across more than 130 occupations. The Government are committed to strengthening competent person schemes that cover higher-risk occupations such as electricians and gas engineers. Competent person schemes must ensure that consumers are provided with the appropriate protection for a minimum of six years to remediate work that is non-compliant with the building regulations. Other protections include the TrustMark scheme, which hon. Members have mentioned.”
“The Consumer Rights Act 2015 sets out the standards that consumers can expect in relation to the supply of goods and services, including building work, and the remedies available to them. Under the Act, traders are required to carry out a service with reasonable care and skill, and within a reasonable time. If those requirements are not met, the consumer can ask for the service to be performed again or for a price reduction. If that is not agreed, consumers can seek redress through the courts. The small claims procedure provides the means to pursue a claim of up to £10,000 at an affordable cost and without a solicitor, and consumers have six years to bring a claim against a trader.”
“I thank Members again for their hard work, through casework and surgeries, to defend their constituents’ consumer rights. Consumers have a have a right to expect that work undertaken in their homes will be performed competently and that there will be redress if the work does not meet acceptable standards of quality and safety, and I want to take the opportunity to assure the House that the Government are committed to strengthening the system to ensure that that happens. I will try to align my winding-up speech with the winding-up speech in the main Chamber and move quickly to responses to points that Members raised. The Government’s aim is to improve the market and to support honest and competent tradespeople and firms, working with the industry and with local authority trading standards.”
“I will do my best, Ms Furniss. I congratulate the hon. Member for Wyre Forest (Mark Garnier) on securing this debate on an issue that I know he has campaigned on for a long time, beginning when his party were in government. I really welcome the debate. I am grateful to the many Members who contributed to it for raising their constituents’ concerns and the horrifying cases that they have been dealing with in their constituencies. They set out the serious impacts that incompetent and rogue tradesmen have had on the homes and the physical and mental health of their constituents, who are sometimes elderly or vulnerable in other ways. I know from my own constituents the misery that can be caused and the toll it can take on people, as well as the time and money it takes to remedy problems.”
“No one should doubt the human impact that rogue and incompetent tradespeople can have. This issue obviously needs to be addressed, and the best way to achieve that is by improving standards of consumer redress. Although there is no clear evidence on how a licensing scheme would do that, we will keep that under review. In the meantime, we will continue to improve standards of competence and consumer redress in the construction sector. I thank hon. Members again for raising cases on behalf of their constituents. I have run through a lot of them in my concluding remarks, but if Members want to talk to me directly about these issues or ask me to raise them with other Departments, I will be more than happy to do so. Q uestion put and agreed to. Resolved, That this House has considered the matter of protecting consumers from rogue builders.”
“I thank the right hon. Member for raising that point. Lots of Members have mentioned the complexity of determining whether something is a criminal offence or a civil matter under the Consumer Rights Act, whether we are looking at a trading standards matter or a criminal act, and demonstrating intent. It is a very complex area and I would be happy to meet individual Members if they want to talk it through with me. I am sure that the shadow Minister, the hon. Member for Grantham and Bourne (Gareth Davies), does not expect me to speculate or comment on the Budget so close to its announcement. I am sure that his party, during its time in government, had lots of opportunities to address this issue. On his remarks on the licensing scheme, I think he can reflect on similar reflections that his Government worked through.”
“The statutory instrument enables the effective implementation in Northern Ireland of Commission Delegated Regulation (EU) 2022/30, which applies additional essential requirements for manufacturers of certain radio equipment. The instrument amends the UK’s 2017 regulations and will enable the EU delegated regulation to be enforced effectively. Implementation and the effective enforcement ensures our compliance with international law, which facilitates Northern Ireland’s continued unique dual access to both the UK internal market and the EU single market. I commend the draft regulations to the Committee.”
“We are looking at further options for securing digital devices, as evidenced by our recent call for views on enterprise-connected devices, and will take into account arrangements in Northern Ireland. The Government also intend to review the operation of the Product Security and Telecommunications Infrastructure Act 2022, with an initial post-implementation review to be conducted in 2026. We are taking steps to support industry to comply with these new requirements. My officials in the Office for Product Safety and Standards published a factsheet for businesses earlier this year, providing information on how to comply. The OPSS will also provide further guidance for industry for this instrument.”
“As is already the case, consumer products that connect to internet or a network placed on the GB market will continue to need to comply with the existing regime of the Product Security and Telecommunications Infrastructure Act 2022, which came into effect in April 2024. Manufacturers in Northern Ireland producing qualifying goods in scope of the Commission Delegated Regulation (EU) 2022/30 continue to benefit from unfettered access to the rest of the UK internal market, as set out in the United Kingdom Internal Market Act 2020. While we expect the impacts to be limited, we will continue to monitor the functioning of the internal market. Improving cyber-resilience in the UK remains a Government priority, and the Government continue to review the operation of cyber-security regulations applicable in Great Britain.”
“Many UK businesses supply the EU market as well as the UK market, so they have already taken steps to comply with Commission Delegated Regulation (EU) 2022/30. In discussions with industry stakeholders, including trade associations, my officials have not identified any significant impacts from the draft regulations, as manufacturers and importers in scope of these requirements are generally trading across the UK and the EU, so they will be coming into compliance or have already done so. We therefore expect limited impacts, if any, on the flow of goods from Great Britain to Northern Ireland. In addition, manufacturers of CE-marked EU-compliant radio equipment can continue to place those products on the GB market.”
“As the draft regulations add to the essential requirements of the 2017 regulations as they apply to Northern Ireland, they extend the scope of an existing offence. The Northern Ireland Department of Justice has confirmed that it considers such an amendment to the scope of existing offences proportionate, and it does not believe that it will have a detrimental effect on the criminal justice system in Northern Ireland. I assure members of the Committee that enforcement authorities will continue to take a proportionate approach to compliance and enforcement activities, in accordance with the regulators’ code. In almost all cases, we expect that, by working with and supporting business, compliance will be achieved without legal recourse to the use of criminal penalties.”
“The draft regulations add the additional essential requirements mandated in Commission Delegated Regulation (EU) 2022/30 to the 2017 regulations as they apply to Northern Ireland, thereby enabling the relevant authorities to take steps to enforce the delegated regulation. Manufacturers will need to carry out the appropriate conformity assessment process. The EU recognises three technical standards that address cyber-security requirements for radio equipment that manufacturers may use to demonstrate compliance, but using those specific standards remains voluntary. The 2017 regulations make it an offence to fail to comply with the essential requirements when supplying radio equipment or placing it on the market.”
“The radio equipment directive was implemented in UK law by the Radio Equipment Regulations 2017. Those regulations apply to the whole of the UK, but some provisions apply differently to Northern Ireland. The draft regulations amend the 2017 regulations as they apply to Northern Ireland to ensure effective implementation of Commission Delegated Regulation (EU) 2022/30 in Northern Ireland, and to enable its enforcement. Let me explain in more detail how the draft regulations meet their purpose. The 2017 regulations set out essential requirements for radio equipment before it can be placed on the market.”