Lord Leong (Lab)

My Lords, first, I welcome the noble Lord, Lord Hunt of Wirral, to his place; I look forward to working with him constructively in the months ahead. I thank the noble Lord, Lord Fox, for giving us a little peek into what to expect in the next group. I have listened carefully to the concerns around the scrutiny of such regulations from Peers, the Delegated Powers and Regulatory Reform Committee, and the Constitution Committee. I have also read my noble friend the Attorney-General’s lecture, which we have taken on board. That is why the Government propose to introduce a mandatory consultation requirement on the Secretary of State to consult such persons as they consider appropriate. This was welcomed in the DPRRC’s latest report; I particularly appreciate the committee’s constructive engagement. Consultation is a crucial part of the Government’s commitment to continued stakeholder engagement. I refer to Amendment 4, in the name of the noble Lord, Lord Lansley. Basically, we are amending the Bill to require consultation. The Government will need to consider how to ensure that the UK is a good place to manufacture, develop and supply products. I am sure that businesses will let us know their strong views. Amendment 61 has been drafted in such a way to ensure that consultation is appropriate to the circumstances, reflecting the potential risks posed and those with an interest. This is well precedented in existing legislation and allows for a variety of approaches, including: calls for evidence on specific areas, such as the recent common charger and outdoor noise calls for evidence; full consultations, such as that undertaken as part of the product safety review; and technical discussions to consider sector-specific actions—for example, on cosmetics—where a specialist scientific committee has been commissioned to form an opinion. We have set out more details in an accompanying statement within our new code of conduct on how, when and with whom the Government currently engage on regulatory matters associated with product safety and metrology. This code of conduct is available in the Library of the House, and I hope Peers will find it a useful document. Amendment 60 seeks to introduce a mandatory six-week minimum period for consultations. We believe that this will not always be necessary or appropriate because changes to product and metrology requirements can range from minor technical amendments to more substantial changes. It is important that the consultation requirement gives flexibility to the Secretary of State to consult as needed, and as appropriate, on a case-by-case basis. However, we have not stopped at a consultation requirement. We have thought hard about an overall package of amendments. I now refer to Henry VIII powers. I thank the noble Lord, Lord Pannick, for his insightful contribution, and the noble Lord, Lord Anderson of Ipswich, a member of the Constitution Committee, for his contribution. We have heard the concerns expressed about Henry VIII powers and are amending the Bill to eliminate most of them. Amendments 44 to 47, 62, 63 and 65 therefore restrict the number of Henry VIII powers to the absolute minimum necessary. We are removing entirely the power to amend or repeal provisions of the Consumer Rights Act 2015. We are putting in the Bill repeal of the absolute minimum necessary for provisions in the Consumer Protection Act 1987 and the Weights and Measures Act 1985. Commencement regulations will be used to bring those repeals into force at the right time, once regulations are made under this Bill to remove duplication in the statute book or to provide for regulatory continuity. We are pleased to see the DPRRC welcome these amendments. Alongside these changes, the Government have introduced two small changes through Amendment 42, which is a necessary technical fix to the Bill, and Amendment 52, which is consequential. I understand that noble Lords have concerns about the creation of criminal offences, which is the subject of Amendment 39, from the noble Lord, Lord Jackson of Peterborough. I reassure the House that regulations that introduce or widen the scope of criminal offences will be subject to the affirmative procedure. This is right and proper. To inform this debate, an Explanatory Memorandum will justify the proposed changes and be drafted after the justice impact tests and impact assessments have been completed. Additionally, the Government have brought forward an amendment to remove the criminal offence in the Weights and Measures Act 1985 applying to the sale of goods in non-permitted quantities.