Shadow Business and Trade Minister Dame Harriett Baldwin opposes the Bill, citing concerns over giving excessive power to Ministers without Parliamentary oversight and tying British businesses to EU regulations on which we have no say.
Dame Harriett Baldwin (West Worcestershire) (Con)
This has been a genuinely important, interesting and lively debate on product regulation and metrology. It has also been a debate about the balance of power between the Executive and us here in Parliament. The UK product safety and metrology framework is derived from European Union law and it developed while the UK was a member of the EU, when we did not have the opportunity here to address product safety in our changing world as rapidly as we do now.
Following our departure from the European Union, the UK established its independent regulatory system, which must be flexible enough to accommodate emerging technologies, such as artificial intelligence, and address changes in consumer purchasing behaviours. As the Bill’s explanatory notes state, its purpose is to ensure that the UK is better equipped to tackle modern safety challenges, safeguard consumers, seize opportunities for economic growth and so on.
The Secretary of State said in his introductory remarks that the Bill was introduced in the previous Parliament, and I want to emphasise that it was not. I want to offer the Minister the chance to correct the record in his closing remarks, in case the House has been inadvertently misled.
Upon leaving the European Union, the UK created the UK conformity assessed marking, known as the UKCA, to replace the conformité Européenne marking, known as the CE. These markings are used by manufacturers to demonstrate product conformity. The UK still recognises CE markings; however, the EU does not recognise the UKCA. Will the Minister confirm that discussions are happening with the EU, including the resetting of discussions on trade, to ensure that UKCA markings and any products regulated here in the UK are mutually recognised?
Turning to the points raised in today’s excellent debate, we heard fantastic speeches from my right hon. Friends the Members for South Holland and The Deepings (Sir John Hayes) and for Beverley and Holderness (Graham Stuart), and my hon. Friends the Members for Broadland and Fakenham (Jerome Mayhew) and for Beaconsfield (Joy Morrissey). We also heard powerful voices from Northern Ireland on the adjacent Benches, from the right hon. Member for East Antrim (Sammy Wilson) and the hon. and learned Member for North Antrim (Jim Allister). We also heard the expertise that the hon. Member for Wokingham (Clive Jones) brings from his background in the toy industry.
From the Labour Benches, we heard impassioned speeches often about product safety, including from the hon. Members for Worsley and Eccles (Michael Wheeler), for Bathgate and Linlithgow (Kirsteen Sullivan) and for Walthamstow (Ms Creasy). She described us as sinners repenting, which I hasten to surmise might mean that she is a repenter beginning to sin. We heard from the hon. Member for Stoke-on-Trent Central (Gareth Snell), who is a passionate advocate for ceramics from his constituency. We had the pleasure of hearing a masterclass from Parliament’s first metrologist, the hon. Member for Erewash (Adam Thompson), on the ancient history of metrology; it was a very enjoyable speech. We heard speeches from the hon. Members for Birmingham Northfield (Laurence Turner) and for Bury St Edmunds and Stowmarket (Peter Prinsley).
Before embarking on the reason why we will oppose the Bill tonight, I welcome the Government’s U-turn in the other place on their plans to rule over the size of the great British pint or, as the hon. Member for Erewash would describe it, 0.56826125 cubic decimetres. Although they were initially resistant, Ministers eventually recognised that our great British pint should remain untouched. I am afraid that that is all I can welcome about this piece of legislation, because the Opposition are deeply concerned with the Government’s overreach and excessive reliance on delegated powers within the Bill.
Henry VIII would be absolutely delighted by this piece of legislation. Labour Members claim that it will simplify our regulatory framework, yet all we see is the undermining of our sovereignty and the powers of Parliament. This 15-page Bill would give the Secretary of State unchecked powers to amend product safety regulations, change the definition of an online marketplace and introduce new penalties, inspection powers and charges on businesses, driving up the already soaring costs of doing business in the UK. As many hon. Friends have said, it would grant the Government sweeping powers to make us a passive recipient of laws made in Brussels. International trade and co-operation are welcome, but this is not what more than 17 million people voted for in 2016, when we took back control—it is a betrayal of Brexit.
The Bill is not purely technical; part of its purpose is to allow the dynamic alignment of goods with EU single market laws, giving the EU the power to rule on standards for manufactured goods produced in the United Kingdom. This EU Trojan horse Bill could see us readopting a regulatory regime over which we have no influence, input or sanction, leaving us as rule takers, not rule makers.
It is fundamentally not good practice or good governance to deliver substantial changes through delegated legislation.
“We must bear in mind that the use of delegated powers carries a risk of abuse by the Executive, which is not something the Opposition could ever support. Rather, it is our duty at this stage to check the powers of the Executive and ensure that we are not giving them carte blanche to change the balance of power permanently in their favour.”––[Official Report, Taxation (Cross-border Trade) Public Bill Committee, 1 February 2018; c. 305.]
These are not my words but those of the Secretary of State.
Tomorrow, the United States could impose tariffs on us. It is paramount that we secure a mutually beneficial UK-US trade deal as soon as possible, but I cannot see how the Bill, which drags us closer to the European Union, would give the United States any incentive to work with us.
In closing, let me ask the Minister a few questions. Can he confirm what the limits will be on ministerial powers? What oversight will Parliament have of regulatory changes made under the Bill? What consultation will occur with the real-world businesses that are affected by the change? Will he confirm that no regulations made under the Bill will prevent or impede UK businesses from trading internationally?
The Bill undermines Parliament and risks tying British businesses to EU red tape on which we have no say. We cannot allow these excessive powers to create further uncertainty among British businesses of all sizes, which already face the soaring costs of doing business because of the Chancellor’s tax grab. The Bill is a parliamentary sovereignty sell-out. We got Brexit done; let us keep it that way. The Bill gives away control, and that is why I call on the House to back our amendment and stop it.