HL Deb 19 December 1985 vol 469 cc928-30

1.30 p.m.

Lord Brabazon of Tara rose to move, That the draft regulations laid before the House on 21st November be approved. [4th Report from the Joint Committee.] The noble Lord said: My Lords, these are fairly important regulations for the safety of the consumer and are part of the package of safety regulations on asbestos in the workplace and the home currently being enacted to implement the EC directive on the marketing and use of asbestos. The regulations prohibit the supply in the United Kingdom of blue asbestos (crocidolite) and brown asbestos (amosite) and products containing them, and prescribe warning labels for white asbestos (chrysotile and others) and products containing them. They apply to second-hand goods as well as new. Similar prescriptions for the workplace will be made by separate legislation.

In fact little, if any, blue or brown asbestos has been used in this country for some years now, but because they are potentially so dangerous it is important to ensure that they are not used again in the future. In banning brown asbestos, we are in fact going beyond the requirements of the directive, but we have found brown asbestos to be almost as dangerous as blue. The House will notice that at the request of the motor industry, torque convertors and intermediate brake bands for cars are exempted from the ban on blue asbestos. This is possible because they are sealed up, are serviced only by specialist engineers who know how to take precautions and would be very expensive to replace; but industry is gradually phasing them out.

The House will also notice that the use of blue and brown asbestos is permitted for research and development, since for experimental work there may be no alternative to their use, and research and development workers can be expected to take special care. The labelling requirements for white asbestos and products containing it are based on the existing labelling that the industry has been using of its own accord for several years now. The effect of the regulations is therefore to ensure complete coverage for the existing scheme.

The principal purpose of the labelling is to warn members of the public servicing or repairing products containing asbestos to take the necessary precautions. But on most consumer products the warning labelling will be carried on the outside, so it will also have the effect of warring purchasers that the product contains asbestos and enable them to avoid it if they so wish. Both the product and the packaging will normally be labelled.

We have attempted to make the labelling provisions, which are set out in the schedule, as simple and easy for industry to follow as possible, while giving ample warning to the public. The logic of the labelling is straightforward. All products or their components which contain asbestos must be labelled, and, if they are packaged, the packaging must also be labelled. If it is not practicable to label a product component because of its shape, it must have a tie-on label or, failing that, a warning handout. But those too small to be labelled are exempted on the grounds that they are unlikely to emit large quantities of asbestos fibres.

As a concession to industry, the regulations give a period of grace of three months until 20th March 1986 to give them time to label their products. More generally I should add that at the Government's request, the British Standards Institute have removed asbestos from all their standards and industry is phasing out its use in favour of substitutes. But this is not always easy since asbestos is very good at its job, and substitutes, if in the form of fibrous material, can themselves be harmful. My honourable friend the Minister for Corporate and Consumer Affairs has asked me to repeat his assurance to the average householder that he faces little or no risk from exposure to asbestos from household products, provided that he disposes of them once they become worn or degraded.

The ban on blue and brown asbestos comes into force on 1st January, in line with the ban on the supply to the workplace under the Asbestos (Prohibitions) Regulations enacted last June. As I said, the labelling requirements for white asbestos will come into force on 20th March to give industry the minimum period of grace to label products containing it. My honourable friend has consulted the industry, representatives of the consumers, the medical profession and the enforcement authorities, who are now content. I therefore invite the House to approve these regulations.

Moved, That the draft regulations laid before the House on 21st November by approved.—(Lord Brabazon to Tara.)

Lord Bruce of Donington

My Lords, I am grateful to the noble Lord for explaining the regulations. I prefer to deal with the general question of enforcement in the next order that we are due to consider. I should like nevertheless to ask the noble Lord this question. What will happen to persons or companies or organisations who do not comply with the labelling provisions here? How easy or how difficult is it going to be for the appropriate enforcement officer to discover whether the labelling has been done correctly or not? It is one thing to pass regulations—I have no quarrel with their content; we on this side of the House entirely support the whole drive behind the regulations—but have the Government seriously considered the practical difficulties that arise? Have they considered the degree of concealment that may be adopted by certain unscrupulous persons or firms in whose interests it is not to comply with the regulation?

We should like some indication of the process that is going to be adopted for discovery and enforcement, of the adequacy of the number of persons who are charged with the enforcement of it, and also some indication as to the degree of penalty that is involved for an infringement, bearing in mind, in spite of the very welcome reassurances that have been given by the noble Lord, the very real dangers that are associated with the handling of the substance or its presence in any quantity where it can be inhaled or touched by anybody happening to be either inadvertently or otherwise in the close vicinity of it?

Lord Brabazon of Tara

My Lords, I am grateful to the noble Lord for his general reception of the order. We have consulted the industry and suppliers and they should be fully aware of the terms of this order. Therefore we expect them to comply with it as from the date I mentioned. It will of course be for the trading standards officers to enforce the order. I have outlined how that takes place.

It must be made clear to suppliers that an asbestos product or a product containing asbestos must be labelled, and, if it is not, the supplier is liable to prosecution under the terms which I mentioned in the previous order—that is to say, a fine of up to £2,000 and/or three months' imprisonment. As I said previously we are ready to give any advice that local trading standards officers require from the Department of Trade and Industry. In addition these orders are publicised in trade journals and so on. I very much hope that everybody will be well aware of the orders and of the consequences of breaking them.

On Question, Motion agreed to.