My Lords, before I address Amendments 2 and 27 tabled by the noble Lord, Lord Foster, I need to make a clarification. The Attorney-General made a general comment about excessive reliance on delegated legislation; he did not comment on this Bill. We certainly do not believe this Bill contains excessive reliance on delegated legislation.
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I thank the noble Lords, Lord Foster and Lord Sandhurst, for their contributions. These amendments raise important considerations around product safety. As the noble Lord’s amendment makes clear, product safety needs to extend to how products are used and installed in wider systems.
Amendment 2 proposes adding “installation” alongside “marketing” and “use” as one of the matters about which regulations can be made. This is important, as the noble Lord explained. Products can be perfectly safe on their own, but their safety can be affected by how effectively they tie into the wider systems in which they are used. I would like to reassure the noble Lord that it is the Government’s intention that such matters are covered by this Bill.
Clause 1(5) already defines “use” broadly enough to cover installation. While it expressly refers to
“storage, transportation, packaging, labelling or disposal”
it is not limited to these things. While we cannot stretch the word “use” too far, the installation of products in wider systems is a pretty clear example of how a product may be used.
Indeed, our suite of existing product regulations routinely covers how products are installed and work in wider systems. As I mentioned earlier, the regulations pertaining to lifts, for example, include extensive provision about their installation. We have regulations covering radio equipment that make provision for how products use the wider radio spectrum. This is part of the reason the Bill takes powers under Clause 1(1)(b) to ensure products can operate effectively and efficiently.
Regarding battery excess storage systems, the Government agree with the intent of having robust measures in place to measure the risk from facilities that use large numbers of lithium-ion batteries. Officials are continuing to work closely with the electricity storage health and safety governance group to maintain a robust health and safety standards framework.
Amendment 27 seeks to include provisions covering technical systems where products involve added physical components. I would like to reassure the noble Lord that Clause 2 already provides provisions to address these concerns. Specifically, Clause 2(2)(a) allows for product regulations to make requirements in relation to
“components (whether tangible or intangible)”,
enabling oversight of the physical parts integrated into products. Additionally, Clause 2(2)(g) allows the flexibility to set and update certification requirements as needed, ensuring that third-party conformity certification, where required, can be adapted and relevant to emerging safety issues.
It is also worth noting that existing UK regulations, such as the GPRS—the General Product Safety Regulations—set baseline safety requirements that all consumer products must meet. This includes products with added components, or where part of the reasonable and foreseeable use of a product is installing it in a wider system.
I would like to address a couple of points that the noble Lord, Lord Sandhurst, made. I refer the noble Lord to the product safety review consultation. The response was published on 30 October 2024. We have consulted with numerous stakeholders in the review, hence the Bill before us. We remain committed to continuing the practice of consistently engaging with stakeholders on any legislative changes.
I hope I have reassured the noble Lord, Lord Foster, that the Bill as drafted adequately addresses his concerns behind these amendments, supporting both physical
components and third-party certification standards. I therefore respectfully ask the noble Lord to withdraw his amendment.