Contribution
My Lords, I thank the noble Lord, Lord Hunt, for introducing this SI. I will concentrate most of my remarks on the details of the SI before us rather than the amendment in the name of the noble Baroness, Lady Hoey.
Before I do that, I turn to the reasons for the regret amendment. Once again, the strength of feeling on these matters is clear to see, as shown by the speakers on various sides of the House. We on these Benches supported the Windsor Framework as a means of moving on from the stalemate following Brexit, but it is far from perfect and there clearly remain real and legitimate concerns about the lack of parliamentary oversight on these matters and the impact that Brexit itself and the Windsor Framework are having on businesses in Northern Ireland.
It is strange that the Government chose not to consult Northern Ireland on this SI. Given its political sensitivity, it would surely always be better to have consulted. I note that there is no legal duty to hold the consultation as the instrument does not make any substantial changes, but I view consultation with Northern Irish authorities as a different class of consultation and more a matter of common courtesy.
I note that the full impact assessment has not been produced. The Explanatory Memorandum says that the changes brought in
“are expected to have no significant direct or no significant indirect, impact on business, charities or voluntary bodies”.
As part of the reset in our relationship with the EU, I hope the Government will review the oversight mechanisms for how they consult the relevant sectors in Northern Ireland. I would welcome a response from the Minister on this point.
I turn to the tabling of the amendment. I must say, although it is absolutely the noble Baroness’s right to table her amendment, that it is hard to see, in my mind at least, that this SI justifies it. Everything that she may wish to say in the main Chamber could have been spoken just as clearly in the Prince’s Chamber at a more convenient time for everyone involved.
The SI itself will ensure that the latest EU rules on product-specific ecodesign and energy labelling automatically apply to Northern Ireland and can be enforced there, as required by the Windsor Framework. The new rules are updating previous Northern Ireland regulations from 2010 and 2011. The new regulations seek to ensure that household and some office items, such as tumble dryers, have a standby mode, and that for other items, such as mobile phones or tablet computers, consumers can acquire some spare parts.
The Government rightly argue that these regulations will bring benefits to Northern Ireland’s residents as they will save money on reduced electricity usage and be able to repair mobile devices if they break, saving the need to buy again from new. If the Department for Energy and Net Zero thinks that these regulations are good for energy efficiency for the people of Northern Ireland, while I welcome the fact that the Minister wants to bring the regulations to the whole of the UK, why can that not happen until March 2026? Is it possible to bring that forward? Clearly, if we could align these regulations across the whole of the UK and get these benefits for everybody, to my mind at least, that would be a good thing. There are staggered start dates for the regulations coming into force to replicate the staggered nature of the EU regulations themselves. The first will come in on 9 May 2025.
This statutory instrument has not been drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments. However, the SI was noted as an instrument of interest by the Secondary Legislation Scrutiny Committee. It points out that
“while manufacturers from Great Britain (GB) selling into NI or the EU will have to meet the EU’s new product standards, the Department says that “the majority” of the products covered by this instrument will also still be compliant with GB standards”.
The committee also notes that the impact of enacting this SI is that, further forward,
“the legislation always automatically reflects the most up to date EU rules on product-specific ecodesign and energy labelling, removing the need for further secondary legislation to implement updates in UK law when the EU rules are replaced in a way that affects NI”.
The committee recommends that
“it would be helpful to also publicise future changes through a Parliamentary Statement to both Houses”.
Will the Minister respond to this suggestion? In his opening remarks, I think he talked about memorandums of understanding; if could he just clarify that point for me, it would be appreciated.
I note the Minister’s points about being on a journey on these matters. In general, we welcome these measures for ecodesign and would like to see them implemented across the UK.