§ 2.52 p.m.
§ Lord Campbell of Croy asked Her Majesty's Government:
§ Whether they are satisfied with the way in which goods are now being labelled in the United Kingdom to indicate those which purport to have been produced without adverse environmental effects.
§ The Parliamentary Under-Secretary of State, Department of Trade and Industry (Lord Reay)My Lords, we are aware of concerns about environmental claims made on product labels. We are therefore considering what amendments to the Trade Descriptions Act 1968 would be necessary to strengthen control of environmental claims. We are also looking into the possibility of a voluntary code of practice on such claims. Furthermore, Her Majesty's Government are working with the European Commission and other member states to establish an official "positive" eco-labelling scheme for consumer goods.
Lord Campbell of CroyMy Lords, I am grateful to my noble friend for his reply. While the intention to protect the environment is admirable, should there not be rules, or a code of practice as my noble friend 643 suggested, to prevent false or meaningless claims—made either unwittingly or deliberately—from misleading the public?
§ Lord ReayMy Lords, I entirely agree with my noble friend. We wish to prevent false or misleading claims. It is an offence under the Trade Descriptions Act for a person in the course of trade or business to apply a false trade description to goods. Clearly most environmental claims would be caught by that provision. However, there may be some doubt as to whether looser, more generalised statements such as "environmentally friendly" are caught. We are considering whether it is necessary to amend the Act to make it clear that it covers such claims. Any necessary amendments to the Act will be made as soon as parliamentary time permits.
§ Lord Williams of ElvelMy Lords, the noble Lord has mentioned the role of the trading standards authorities in enforcing the present regulations. Will the noble Lord tell us how many prosecutions have resulted from bogus claims made on labels, as described by the noble Lord, Lord Campbell? What has happened in the period 1990–91?
§ Lord ReayMy Lords, I do not have such information with me. The trading standards officers are responsible for policing the Act.
Lord Campbell of CroyMy Lords, when considering this issue, will the Government take into account that the Trade Descriptions Act would not be applicable if a firm were to claim, for example, that a product had no nitrates in it when such a product contains no nitrates anyway? There have been such cases. Most of the public are not naturally familiar with the chemistry and other matters involved. They will be misled by such descriptions. The Trade Descriptions Act is not good enough.
§ Lord ReayMy Lords, my noble friend is entirely right. If such products never had contained whatever substance they were now stated not to contain, it could be misleading. It would also be misleading to say that a product was ozone friendly just because it contained no lead. Lead may damage the brain but it does not damage the ozone layer. Those are reasons why we are considering whether the Act needs to be amended to remove such uncertainties.
§ Lord Williams of ElvelMy Lords, the Minister has been kind enough to say that the Government are considering whether the Act needs to be amended. Is he aware that the Government are also looking into the restrictive trade practices legislation? They are also looking into charities legislation, and now into this legislation. Will the noble Lord give us some idea when the Government will produce the legislation they have promised?
§ Lord ReayMy Lords, no, I cannot give any such idea. There are other initiatives that we are pursuing, to which I referred in my original Answer; namely, the possibility of an eco-labelling scheme at European level and also a voluntary code of practice.