Contribution
My Lords, I thank the noble Baroness, Lady Bennett of Manor Castle, for bringing her Private Member’s Bill to your Lordships’ House. Consumer product regulation is a key topic in the world we live in, and we share her passion for protecting the environment from unnecessary harm. The noble Baroness set out in clear and concise detail why she feels the Bill is necessary. His Majesty’s Official Opposition do not wish in any way to detract from the noble Baroness’s good intentions, but it is only fair and reasonable that I am also clear on our behalf that we are unable to support the Bill.
As currently drafted, the Bill has an extremely broad application. Although the offence of selling cosmetic and personal care products containing biocides is well defined, Clauses 3 and 4 grant very wide powers over consumer products to the Secretary of State and the proposed biocidal consumer products advisory board. It appears that the concerns of the noble Baroness, Lady Bennett, about the use of biocides understandably inform this drafting, but we feel that the broad and wide definition of these powers could lead to unintended overreach.
We are also concerned that the Bill takes too exacting an approach to regulation, and there are two strands to our concerns. First, the Bill sets the fine level for the sale and marketing of a cosmetic product containing biocides at “level 5”. By our understanding, that could result in an unlimited fine. It is conceivable that some reputable and legitimate firms may be discouraged from entering the cosmetic and personal care market with a technically unlimited level of liability. We would welcome the opportunity to hear from the Minister—that is, if the Government are supportive of the Bill—and the noble Baroness, Lady Bennett, in her closing speech, about what risk assessment impacts have been conducted on the impact to SME businesses. These firms are the lifeblood of the UK economy, and we really wish them to succeed for both job creation and tax receipts for the Exchequer. But, realistically, they will not have the same capacity as larger companies to ensure compliance with such an approach.
In addition to the unlimited company liability, the same offences would also apply to officers of a company. To be absolutely clear, we appreciate and understand that this approach is appropriate and right in the case of serious criminal activity and certain regulated sectors of the economy. That is not in doubt. However, we remain to be convinced that it is appropriate here. Should an offence be committed by a company, not only would that company be liable and fined but potentially so would the officers of the company. This is not the correct time to evaluate in detail how and whether those officers would realistically be liable in an industry that is already regulated by the Health and Safety Executive under the GB Biocidal Products Regulations, trading standards services, and the Medicines and Healthcare products Regulatory Agency. For good order, no crime should be acceptable. But, notwithstanding what I have referred to on the point of serious criminal activity and heavily regulated sectors, it should merit further discussion as to whether it is in the public interest to prosecute both a business and an individual for the same offence in this situation.
Secondly, and continuing on the theme of overreaching regulation, the Bill proposed by the noble Baroness, Lady Bennett, seeks to establish yet another regulatory board. Perhaps I might quote the Prime Minister:
“We will rip up the bureaucracy that blocks investment. We will march through the institutions and make sure that every regulator in this country—especially our economic and competition regulators—take growth as seriously as this room does”.
That was also referenced by the noble Baroness, Lady Anelay of St Johns, the noble and learned Lord, Lord Thomas of Cwmgiedd, and the noble Baroness, Lady Sugg.
I refer also to Thomas Brown, one of our excellent authors from the House of Lords Library, who refers in his research briefing on this Bill to
“the independent scientific advisory group on chemical safety … the Health and Safety Executive … under the GB Biocidal Products Regulation … trading standards services … the Medicines and Healthcare products Regulatory Agency … the General Product Safety Regulations 2005 … the Consumer Protection from Unfair Trading Regulations 2008”
and
“the Department for Environment, Food and Rural Affairs, the Environment Agency and the UK Health Security Agency joint research programme on AMR”.
With all due respect to the noble Baroness, Lady Bennett, and with what I have just highlighted as a backdrop, perhaps we should ask ourselves whether we do not already have a deep portfolio of both regulators and regulations in this space, without the need to create yet another regulatory body.
To conclude, while we accept and respect the strength of the views and sentiment of the noble Baroness, Lady Bennett, towards the use of biocides in consumer products, for the reasons I have set out, I am afraid that we will not be supporting this Bill.