My Lords, there is already robust legislation on product safety that is based in large part on an EU-wide regime. I have listened to the debate and I would like to address the general, because I think the amendment is a general one, and then look at the electrical issues that have been raised.
The General Product Safety Regulations 2005 place strict duties on producers and distributors to ensure that only safe products are supplied. Importantly, these duties are backed by criminal penalties. However, there will unfortunately be occasions when things go wrong and a product needs to be recalled. I very much share the concerns of the noble Baroness, Lady Hayter, about accidents, especially fatal accidents. We need to learn all the time from such experiences. When a recall is necessary, producers and distributors are legally obliged to notify and collaborate with trading standards to ensure that all reasonable measures are taken so that unsafe products are swiftly removed from the market and the risks to consumers are addressed.
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The Government acknowledge that there is scope to improve the overall effectiveness of product recalls. However, I do not believe that introducing the new reporting requirement suggested by noble Lords is the right approach. Trading standards already work closely with manufacturers and distributors when corrective action, such as a product recall, is required. Under the 2005 regulations, if a producer or distributor discovers that it has supplied an unsafe product, it must notify trading standards, providing details of the risk and the actions taken to address the risk. Where the risk is serious, further information must be provided, including all available information relevant for tracing the product. Failing to notify trading standards is also a criminal offence. It is a criminal offence if the producer or distributor fails in its duties in respect of product recalls, including any failure to co-operate with trading standards in acting to address the risk. If the co-operation proves insufficient, trading standards can issue a formal notice requiring certain action, such as a recall, to be taken. Failing to comply with such a notice results in more substantial criminal penalties.
The noble Baroness, Lady Hayter, talked about delays in recalling products when manufacturers know that they are unsafe. She suggested that there were no specific timescales. I know from personal experience in business that manufacturers want to deal quickly with cases. Where a recall is required, the problems are often practical rather than legal, such as tracing the unsafe products. Best practice is promoted most effectively through guidance and very strong collaboration developed in partnership with producers and distributors, based on experience rather than yet more legislation, so that the system is effective. It is worth emphasising that it is very much in the interests of business to ensure that recalls are successful in order to avoid the criminal liability that I have outlined, to avoid product liability claims from injured parties and to protect their reputations.
It is right that information on the risks posed and the action taken is transparent where this is beneficial to consumers. However, what will work for consumers will depend on the circumstances and the specific action that is being taken. The Government consider that the proposal by noble Lords to compile and publish such general data will be of little value to consumers. Moreover, the administrative burden of providing the information cannot be justified. However, we have made good progress in the electrical sector. We are working with representatives from industry, consumer
groups, enforcement agencies and other interested parties to ensure that effective corrective measures are taken. As I have said, we are learning from experience.
The noble Baroness, Lady Hayter, suggested a simple, easy-to-use government-funded website for consumers to register their products. A new initiative to improve the ability of businesses to contact consumers is to be launched on 4 November with support from my colleague, Jo Swinson, Parliamentary Under-Secretary of State for Employment Relations and Consumer Affairs. In particular, for product recalls, we need to ensure that publicity to consumers is as effective as it possibly can be and consider all available means of communication to identify those most appropriate for each individual circumstance in a recall. That is in the best interests of consumers and of business.
Good work is being done in this area and a strong legislative base already exists. This will not be enhanced through additional legislation at this time. I thank noble Lords for their comments and ask that the amendment is withdrawn.