Contribution
My Lords, the Opposition do not oppose this instrument. We broadly welcome the intent behind it. The chemicals regulatory framework is one of the more technically demanding legacies of our departure from the European Union, and the Government are right to bring it up to date to make it work for businesses in Great Britain and to reduce unnecessary burdens on those who must navigate it daily. That is a legitimate and sensible aim.
The amendments to the Great Britain biocidal products regulation are simply common sense, and the changes proposed to the classification, labelling and packaging regulation are a step in the right direction. They reduce the time taken for the HSE to make clarification decisions and streamline the process. Equally, the introduction of a fast-track route for classification proposals drawn from the trusted international systems, such as the EU and comparable UN GHS jurisdictions, is a pragmatic reform. Where international consensus already exists, it makes no sense to duplicate the work at domestic level.
However, welcoming the intent is not the same as passing this instrument without scrutiny. The Government are making changes to a framework that exists ultimately to protect human health and the environment. We have a duty to satisfy ourselves that these simplifications do not come at the cost of safety and that the new structures will function in practice as they are designed to in theory. On that basis, I have several questions for the Minister.
First, on safety, the instrument shifts significant decision-making power to domestic institutions, to the HSE and to the Secretary of State, and removes procedural safeguards that, whatever their origins in EU law, provided a degree of independent check. Can the Minister explain what safety assessment of these changes has been carried out? Has the HSE conducted a formal review of its capacity to absorb the new responsibilities placed on it under the revised Article 37 process? Can she confirm that the removal of the notification database has been assessed not simply as an administrative saving but for any downstream impact on the completeness of information available to regulators?
Secondly, on how this has been tested, any significant change to a regulatory process should be road-tested before it is placed on a statutory footing. Can the Minister tell the House whether the new unified classification procedure, in particular the fast-track route, has been piloted or modelled in any way? Has the HSE trialled processing proposals under the new framework and, if so, with what results? Has industry been consulted, not only on the policy design but on the operational workability of the new system? We would be concerned if this instrument is in effect the first real test of whether these procedures function as intended.
Connected with this, I note that the Secondary Legislation Scrutiny Committee has raised concerns that removing the six-month deadline for technical reports could slow down decision-making in practice, particularly if the HSE is considering proposals from multiple international jurisdictions. Can the Minister explain how the Government will ensure that the new system delivers genuine efficiencies rather than simply shifting delay to an earlier stage of the process?
Finally, on the transitional provisions, the saving provision in this instrument preserves the old classification procedures for proposals already in train and opinions already issued by relevant bodies before commencement. That is sensible in principle, but in practice the boundary between the old system and the new one will require careful management. Can the Minister set out how that boundary will be communicated to industry, to applicants and to the HSE itself? What guidance will be published and when? What happens in cases where a proposal is at an intermediate stage and some steps have been taken under the old framework but the process is not yet complete? We would be grateful for clarity on how those edge cases will be handled and whether any guidance has already been shared with stakeholders. As the noble Baroness, Lady Grender, said, if the Minister would find it more helpful to write, we would be happy with that.
We do not seek to obstruct this instrument. The direction of travel is right. A GB-led, streamlined chemicals framework that reduces unnecessary burdens while maintaining robust protections is something we support. But streamlining and safeguarding are not in tension; they should go together. We hope the Minister can give the reassurances we need. We look forward to her response and to any letters she might send.