ENFORCEMENT (Hansard, 28 April 1978)

§ Mr. Trotter

I beg to move, That the Bill be now read the Third time.

The history of this Bill goes back to the Maloney Committee of 1960. We have seen the development of consumer safety since then in the Acts of 1961 and 1971 and in today's Bill. Throughout 1929 the proceedings I have sought to strike a balance between the need to improve the safety of goods in the hands of consumers and the need to protect business from unnecessary interference. I have been conscious of the fact that the consumer pays for legislation of this nature and its enforcement.

I believe that the powers that are included in this Bill will be wholly to the benefit of the consumers of this country. Fears have been expressed during consultations that the powers would be wrongly used. I do not believe that that will be the case. There is no record of such misuse in the past and I do not believe that it will be the case in the future. I am happy that the House has seen fit to accept the amendment providing for the affirmative resolution procedure for most of the procedures in the Bill. This will enable proper consideration to be given to proposals brought forward by the Department in future.

Other fears have been expressed that the duties of what I still call the weights and measures inspectorate—I think that "trading standards" is the correct description—will be transferred to other Departments. I can assure the House that there is no intention that there will be any transfer of powers in the normal way from the Department. The provisions in the Bill which give the Minister the power to transfer certain matters deal only with exceptional circumstances, for instance when dealing with a radioactive object, when the normal trading standards department would not have the necessary skill and ability to handle such an item.

A further fear was expressed concerning prosecutions. This was answered by the Minister in Committee. I was delighted to have his assurance to the effect that there is absolutely no requirement under this Bill for trading standards officers always to prosecute anyone who has transgressed the regulations. Prosecution will be entirely discretionary, as it has been in the past.

The standards laid down in the Bill will be capable of incorporating Common Market provisions affecting consumer safety when they are brought into force. I do not believe that there will be a flood of such regulations but such regulations as there will be will prove to be 1930 of great benefit to the consumer, not least in so far as they will enable the Minister and his Department to deal with the need for adequate labelling of dangerous products.

There is no change in the provision for civil liability except that the trading standards officers can now give evidence in a civil case in a way that they could not do before. The whole question of civil liability will have to be considered again by this House when the recommendations of the Pearson Committee are being considered. The main aim must be to secure preventive regulations to ensure that dangerous goods do not come on the market.

Normally, when dangerous goods are observed on the market, manufacturers are only too willing to withdraw them, usually expressing great concern that they have been in any way responsible for the goods being marketed. Occasionally one comes across anti-social firms which are not prepared to co-operate with the Department. This Bill will enable speedy action to be taken against those few antisocial importers—it is often importers of foreign products who are involved—and manufacturers.

I have been delighted to have received the support of both sides of the House for my Bill. I pay tribute to the Minister for the full co-operation he has given me. I thank the Department for its full co-operation in the past few months. I thank hon. Members for the support that I have had on all sides.

§ Mr. Giles Shaw

We all congratulate my hon. Friend the Member for Tyne-mouth (Mr. Trotter) on his achievement in bringing the Bill thus far on its way to the statute book. I couple with those congratulations a deep debt of thanks to the Minister and his Department for helping my hon. Friend to process the Bill, which we all recognise to be of vital significance for consumers.

However, it behoves us in this short Third Reading debate to make one or two observations about consumer protection legislation. During our proceedings today, we have had to omit debate on certain amendments touching important aspects of this matter. For example, the question of loss and consequential loss might have been discussed on Amendment 1931 No. 95, but perhaps the presence of that amendment on the Paper will enable the other place to discuss it in due course. It is a subject which ought to be properly aired since, if the regulations are applied, there could be the risk of major loss among traders.

I have dwelt for a moment upon that disincentive feature, and I come now to some other matters. As an Opposition, we believe that there should be an undertaking to review the working of the Bill after it has been in operation. It would be unwise to allow it to remain on the statute book without such a review after a certain time.

We have already had from the Minister his welcome undertaking about the use of the affirmative resolution procedure for regulations, but none the less we owe it to industry, to trade and to consumers to review the working of the Bill from time to time so that we ensure that it does not bear too harshly upon those who will inevitably be involved in its consequences.

Second, although this is a consumer protection measure which we all welcome, it has been taken through in something of a rush. The Minister will be the first to agree, I know, that it has not had the detailed scrutiny which it deserves, involving, as it does, the levying of many obligations on the citizen to carry through and conform to regulations the nature of which we have not yet seen developed. For this reason also, we think it necessary to review the Bill's operation from time to time to make certain that the powers are used sensibly and that all those affected by its operation will find it to be a useful measure.

That is one reason why we were glad to know that there will be a regular review by report on how the trading standards operate in the field.

It should be said that the genesis of the Bill began a long time ago. It originated—rightly, I think—in the 1973 Act dealing with hazardous products. My hon. Friend the Member for Gloucester (Mrs. Oppenheim) has gone on record many times as pressing the Government to bring forward legislation. I am sorry that she is not here now to welcome the Bill on Third Reading and see it on its way. However, the fact remains that a private Member has been able to bring 1932 together the various forms of consumer legislation and make sensible provision against hazardous products.

There are still some important outside interests which feel that the Bill is oppressive and that its regulations will reach too far into industry and commerce, which are already well loaded with legislation of one kind and another. I recognise that, the Minister recognises it, and so does my hon. Friend the Member for Tynemouth.

However, there have been tragic accidents in the home involving many thousands of persons over the years, and there has not been adequate power to enable quick action to be taken. That must be set against the effect of the Bill in adding a bit of onerous responsibility and work to business and commerce, and, although that is a burden which is not to be set at nought, we recognise the Bill as making an important contribution to safety.

We wish the Bill a speedy passage to the statute book. It is our earnest hope that it will be operated sensitively and sensibly. The Minister will have great powers at his hand, if he wishes to use them, but, from the way in which the Minister of State has acted today, we believe that those powers will be used sparingly and sensibly and, above all, in consultation with all who will be affected. We are happy to give the Bill its Third Reading.