HL Deb 26 February 1987 vol 485 cc387-9

7.45 p.m.

The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Lucas of Chilworth) rose to move, That the draft regulations laid before the House on 2nd February be approved. [10th Report from the Joint Committee].

The noble Lord said: My Lords, I beg to move the Motion standing in my name on the Order Paper. The draft regulations amend the Nightwear (Safety) Regulations 1985, which impose requirements concerning the flammability performance of nightwear. its testing, labelling and advertisement. Perhaps I may make it clear at the outset that the regulations which were introduced on 19th December 1985 by my noble friend Lord Brabazon of Tara are in no way affected by the order which is before the House this evening. The only effect of the draft regulations which we are discussing tonight is to postpone until 1st September 1987 the coming into force of the requirements of the 1985 regulations which relate to babies' garments. The date of 1st March 1987 remains the operative date on which the other requirements of the 1985 regulations relating to children's and adults' nightwear come into force.

I think it will be helpful if I remind your Lordships of the principal requirements of those regulations. Adult nightwear must carry a label showing whether or not it meets flammability standards. Nightwear garments for children over three months and under 13 years of age must pass a flammability test. The exceptions are children's pyjamas, and cotton terry towelling bathrobes which, however, must carry a label showing whether or not they meet the flammability standard. Babies' garments—meaning any garment which fits round the chest and which is intended to be worn only by a baby under three months of age—must carry a label showing its flammability performance.

Those requirements are set out quite clearly in an explanatory guide to the 1985 regulations which the department published in September 1986. Following its publication, the trade associations representing United Kingdom suppliers put before us two particular concerns. First, the requirements were not included in the draft regulations on which the consultation took place at the end of 1984. Secondly, it was felt that the requirements for babies' garments went beyond the context of nightwear garments.

Perhaps it would be helpful to noble Lords if I explain the background. The first draft regulations circulated to interested parties did not propose any requirements on garments worn only by babies under three months of age. In considering the response to the consultations, the department decided to include babies' garments in the regulations. But because it is not practicable to distinguish between garments worn by young babies—that is, babies three months of age and under—during the day or indeed by night, it was necessary to draft regulations to include all babies' garments which fit around the chest. This requirement is justified on policy and safety grounds.

Your Lordships may recall that the 1985 regulations are intended not only to improve the level of protection in nightwear and other garments commonly worn as nightwear, but also to increase awareness of fire risks. Accordingly, this requirement was incorporated in the revised draft regulations which were introduced into Parliament in November 1985. As I have already said, it was my noble friend Lord Brabazon of Tara who introduced the regulations on 19th December 1985 to which your Lordships agreed.

At the same time a copy of the revised draft regulations was sent to all consultees. I have to say that, generally, suppliers in the babywear sector did not appear to have appreciated this change. The House will appreciate that babies' garments for sale after 1st March of this year in just a few days' time are already in the hands of retailers, and if these requirements were to come into effect on 1st March this would cause substantial upheaval in the retail and supplying market and might very well reduce the choice of consumers.

The department has consulted interested organisations. including consumer bodies and health bodies, which are prepared to accept the proposed postponement of the regulations until 1st September 1987. With that explanation, which I hope noble Lords, and in particular the noble Baroness, will find acceptable. I invite your Lordships to approve the draft regulations before the House.

Moved, That the draft regulations laid before the House on 2nd February be approved. [10th Report from the Joint Committee.]—(Lord Lucas of Chilworth.)

Baroness Jeger

My Lords, this is the second time within a few minutes that we have had to deal with amendments to unsatisfactory government regulations. I agree with the noble Lord and I appreciate that, with his usual lucidity, he has shown what an expert he is in babies' nightwear. I should not want to compete with him on chest measurements of babies under or over three months old.

There has obviously been a muddle here. The noble Lord said that the suppliers did not appreciate the changes that had been made. I accept that this amendment will put something right that has gone wrong. I do not want to go any further than that because I know that mistakes and muddles can happen during the passing of what are, most of the time, very complicated regulations. I hope that the regulations, as amended, will now speed on their way and that the noble Lord will make sure that no babies are burned.

Lord Lucas of Chilworth

My Lords, I am most grateful to the noble Baroness for her acceptance of the draft regulations. Perhaps I should just say that the Government's regulations were not totally unsatisfactory. It is never entirely one sided; it is invariably six of one and half a dozen of the other. Perhaps the Government did not make it clear to the industry exactly what was required and perhaps the industry did not entirely understand what we were saying.

I recall having babies in my family. They always appeared to be of a certain size and toddlers appeared to be a little bigger. The regulations refer to any garment, whether or not nightwear, for a baby under three months, having a chest measurement exceeding 53 centimetres and so on. I am not sure that all babies or toddlers conform to the statistics. The noble Baroness and I are at one in seeking to ensure that babies, youngsters and indeed adults are given products as safe as the law and the industry can produce. This is what we have tried to do in the 1985 regulations and in the regulations before your Lordships tonight. I beg to move.

On Question, Motion agreed to.