Draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026
House of Commons · General Committees · 8 Jul 2026 · 51 speeches · Official Report
The Committee consisted of the following Members:
Chair: Dr Andrew Murrison
† Brandreth, Aphra (Chester South and Eddisbury) (Con)
† Creagh, Mary (Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs)
Farron, Tim (Westmorland and Lonsdale) (LD)
† Goldsborough, Ben (South Norfolk) (Lab)
† Hudson, Dr Neil (Epping Forest) (Con)
† Juss, Warinder (Wolverhampton West) (Lab)
† Kirkham, Jayne (Truro and Falmouth) (Lab/Co-op)
† Leadbeater, Kim (Spen Valley) (Lab)
† Lewin, Andrew (Welwyn Hatfield) (Lab)
† Murray, Chris (Edinburgh East and Musselburgh) (Lab)
† Nash, Pamela (Motherwell, Wishaw and Carluke) (Lab)
† Shelbrooke, Sir Alec (Wetherby and Easingwold) (Con)
† Simmonds, David (Ruislip, Northwood and Pinner) (Con)
† Sollom, Ian (St Neots and Mid Cambridgeshire) (LD)
† Turner, Laurence (Birmingham Northfield) (Lab)
† Vaughan, Tony (Folkestone and Hythe) (Lab)
† Walker, Imogen (Hamilton and Clyde Valley) (Lab)
George James, Committee Clerk
† attended the Committee
The following also attended (Standing Order No. 118(2)):
Allister, Jim (North Antrim) (TUV)
Wilson, Sammy (East Antrim) (DUP)
Seventh Delegated Legislation Committee
Wednesday 8 July 2026
[Dr Andrew Murrison in the Chair ]
Draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026
The Chair
Before we start, just a quick domestic. If we open the windows, the heat will probably get worse, and the doors have to be closed, so please feel free to divest yourselves of clothing within reason.
I beg to move, That the Committee has considered the draft Batteries (Placing on the Market) (Northern Ireland) Regulations 2026. It is a pleasure to serve under your chairmanship, Dr Murrison. I have immediately availed myself of your generous offer to take some clothes off; it is always a good way to start the afternoon. If anyone has had the scampi and chips in the Members’ Tea Room, that will keep us powering through. These draft regulations were laid before the House on 4 June. In 2023, the European Union replaced its 2006 batteries directive with a new batteries regulation, which introduced updated “placing on the market” requirements for batteries, including design, information and labelling specifications. The EU regulation achieves several objectives. By introducing new requirements relating to carbon footprint, performance, durability and recycled content, and by updating the requirements for the removability and replaceability of batteries from containing devices, it addresses the environmental and safety performance of batteries. The EU regulation introduces specific safety requirements for stationary battery energy storage systems and updates information requirements, including on batteries’ state of health and expected lifetime. The EU regulation introduces a digital battery passport and supply chain due diligence policies for larger businesses that are placing batteries on the market. Previous requirements relating to the restriction of certain substances in...
I am listening very carefully, and this is about assuring the battery manufacturing process. Is it just these draft regulations or is research being done into thermal runaway and how toxic fallout from the vapourisation of heavy metals can fall on to farmland? A big concern in my constituency is that thermal runaway in battery storage at solar sites could poison land through the vapourisation of heavy metals. Is there any research into that safety concern?
I am not aware of any research, but there is work going on through our circular economy strategy, which we have co-designed with industry. As part of that, we have looked at transport and waste electricals, and I am certain that there are transport experts in those working groups. We have to get to a circular economy, not just for batteries but for tyres, which also have a habit of miraculously catching fire after being collected. We need to consider that as part of our circular economy work, but I am happy to take a note and write further to the right hon. Gentleman on that. It is mostly a matter for the Department for Energy Security and Net Zero, but as I said, the complexity and location of batteries are changing, and we do not want to end up with contaminants and pollutants.
I thank the Minister for that answer. That is something I have been pushing on. It is an important aspect of battery storage in a rural constituency, so I very much accept her offer to write to me with any information she may have.
I will undertake to do that. If I cannot do it myself, I will pass it on to my DESNZ colleagues.
Will the Minister give way?
I will make a little progress, if I may. The changes will apply directly in Northern Ireland and will phase in over time. They apply in Northern Ireland under the Windsor framework. As an EU regulation, the obligations within it apply directly, without the need for transposition. The draft instrument, in a reserved policy area, is the domestic legislation required to enable effective enforcement of these obligations in Northern Ireland. Implementing the measures helps Northern Ireland to maintain its dual market access. It does so by establishing a proportionate enforcement, offences and penalties regime in Northern Ireland for the EU regulation. Offences are put in one of three penalty groups: summary-only offences, such as those subject to a fine, which can be unlimited; either-way offences; or imprisonment for up to 12 months and/or an unlimited fine for the most serious indictable-only offences. Offences include failure to keep appropriate due-diligence documentation; failure of a supplier of battery cells and modules to provide documentation to manufacturers; and failure by an importer to comply with certain battery safety-related obligations. Those fall into penalty groups 1, 2 and 3, respectively. The Office for Product Safety and Standards enforces the existing “placing on the market” requirement across the UK and will act as the market surveillance and enforcement authority for “placing on the market” matters set out in this draft instrument in Northern Ireland. The...
It is a great pleasure to serve under your chairmanship, Dr Murrison. I thank the Minister for outlining the draft regulations to the Committee. Among other things, they establish the offences and penalties regime for breaches of “placing on the market” obligations under the EU batteries regulation. That regulation has applied in Northern Ireland since February 2024, under the terms of the Windsor framework. The two-year gap between the regulation taking effect and the arrival of the enforcement regime was flagged by the Secondary Legislation Scrutiny Committee. It leads to a question: why have the current Government not brought this instrument forward sooner? In addition, can the Minister clarify how the EU regulation has been enforced in the interim, in the absence of a functioning offences and penalties regime? Furthermore, what assessment have the Government made of businesses that have continued operating under the previous rules throughout this period? Can the Minister confirm whether the Government’s impact assessment accounted for those businesses specifically, or only for those transitioning from this point forward? I also note the concerns expressed by the hon. and learned Member for North Antrim (Jim Allister) regarding the effect of the rules on the UK internal market and on the competitiveness of Northern Ireland-based businesses. I am sure that the Committee would like to hear the Minister respond directly to some of those concerns. Specifically, can she...
Once more a Committee-and therefore this Parliament-has been asked to approve a regulation that has the effect of departing Northern Ireland from the UK legal framework governing the subject matter. Let us be clear: this Committee is being asked to nod through a regulation imposing a law that no parliamentarian in this United Kingdom made, scrutinised or had any hand in drafting. This Committee is being asked to nod through the imposition of a foreign rule-made by the European Parliament, not this Parliament-and to nod it through so that it is enforced with criminal sanction in a part of the United Kingdom, of which this is meant to be the sovereign Parliament that makes the laws and decides the criminal penalties. But no, we are here obeisantly to nod through a regulation to enforce foreign law on a part of the United Kingdom. The narrative is quite clear: the 2006 EU regulation historically applied to all parts of the United Kingdom. After Brexit, however, when the EU amended the regulation in 2023, it ceased to apply to GB, where it has been revoked. But a part of this United Kingdom, namely Northern Ireland, is to continue to be subjected to foreign-made, unfiltered, unchecked law made by the EU. And the consequence is that my consumers in Northern Ireland can now only use and be supplied with batteries that meet that foreign diktat. Of course, the EU is infamous for micromanaging everyone’s economy if it can. We can now only use, import and deploy batteries made not to...
Does the hon. and learned Member agree that we will be aligning ourselves with this regulation? We will consult on aligning with it in the autumn. I understand that these regulations will make batteries safer and easier to recycle. In the long term, we need to do this anyway.
I certainly recognise that, once again, Northern Ireland is being used in the reset as a cover to realign the whole United Kingdom with the EU. That, of course, is the gameplan of this Government, and this is but a small example of how they are going to deploy it. They hide behind Northern Ireland and say, “Oh, well, we are doing it in this part of the United Kingdom, so we will all simply align ourselves to laws we do not make-laws we cannot change. We will impose upon the whole United Kingdom the disenfranchisement we have already imposed upon Northern Ireland, which cannot make laws on this because it is subject to foreign jurisdiction. We are now going to say to the whole United Kingdom, ‘You do the same. You subject yourself to a similar disenfranchisement of your own electorate so that they do not elect the people who make the laws that govern them.’” That will be the ultimate outcome. On the laws governing the type and use of batteries, which is one of a vast number of areas where this is going to happen, the Government will say, “You, the electorate, are not worthy of electing people to make those laws. No, we are going to be colony-like, subjecting you to laws that someone else makes.” The hon. Member for Truro and Falmouth might think that is a good way forward, but I certainly do not. I remind the Government that section 46 of the United Kingdom Internal Market Act 2020 is very clear. It requires that in developing any regulations, these draft regulations...
A lot of my points have already been made by my colleague, the hon. and learned Member for North Antrim. Once again, we have regulations going through this House that drive a wedge between Northern Ireland and the rest of the United Kingdom. The law for batteries already applies, and these regulations will simply make sure that it is possible to enforce that law. The law, as has been pointed out, covers a wide range of businesses that sell to Northern Ireland. The Minister made mention of cars, vans and e-bikes, but if we look at the assessment prepared for this, the law covers much more than that. It covers businesses that manufacture: computers; consumer electronics; watches and clocks; motors, generators and transformers; electric lighting equipment; domestic appliances; electrical equipment; motor vehicles; repair of electrical equipment; motor vehicle parts; waste and scrap-the list goes on. In Northern Ireland, the law covers 776 businesses. In the rest of the United Kingdom, it covers 26,268 businesses. Although the Minister said that the cost will be very little, the fact is that businesses will have to think, “Do we have certificates of conformity? Have we fulfilled all the regulations? Have we scrutinised all the parts we bring in, and are we sure that they have all the markings required?” Under the batteries regulation, it is not just what the products contain but how they are labelled that has to be considered. Even inadvertently, businesses may find themselves...
I appreciate that the right hon. Gentleman wants to make a political point about the Windsor framework, but does he accept that wide consultation was carried out by the Government in Northern Ireland ahead of these regulations? The explanatory memorandum in front of him shows that out of 182 stakeholders, only one replied to the consultation. That seems to me to show that there is not wide concern about this piece of legislation. Does he accept that?
I was elected to this Parliament, and the concern I have expressed is my concern as a parliamentarian. On the consultations, let us not forget that people are not fully aware of the impact of proposals until after it has all happened. My main concern, which all Members should share, is that we are elected to this place to make laws, and this is where the laws should be made; they should not be made elsewhere. We are not discussing the making of the law in this Committee; we are only discussing its enforcement, because the law has already been made. It was automatically applied in Northern Ireland. We are now discussing how we make sure that that law, which was made elsewhere, is imposed in Northern Ireland, how we penalise people in Northern Ireland who break the law-either directly or indirectly, advertently or inadvertently-how we impose penalties on those people, who imposes the penalties and who carries out the inspections to ensure that the penalties can be imposed. Let us be under no illusions: we are not discussing the merits of the law. It has already been introduced in Northern Ireland, and it was introduced by another lawmaking body, not this House.
What a peach of a debate! On the one hand, the Conservative party gave us gentle encouragement and asked questions about how the policy has been enforced in the interim. Once again, I was questioned about the previous Government’s inaction and inability to take any steps to bring in this law before they left office. On the other hand, two parliamentarians from the Democratic Unionist party reopened the debates on Brexit-
Will the Minister give way? She has just insulted my colleague.
No, I will not give way; I am replying to the debate. They reopened the debates on Brexit, which detained this House from 2016 until I left in 2019 and much beyond. When the former leader of the Conservatives said that we should “Get Brexit done” in 2019, little did he know that Brexit would never be done. This issue is the perfect example of why Brexit will never be done and of the difficulties it brought to this Parliament and Northern Ireland, with its unique protected status under the Windsor framework. It demonstrates the difficulties and the bureaucracy faced by every single business and householder trying to do the right thing and stay safe. We have had a long and abstract debate about laws and who votes for them. This Committee is our chance to scrutinise the law-I feel scrutinised-and our chance to vote. We will vote later.
Will the Minister give way?
Let me tell the hon. and learned Gentleman a little about what Northern Ireland thinks. I am going to make my point, and then I hope we can get into a much longer debate. Translink in Northern Ireland bans e-batteries, e-bikes and e-scooters from its networks because of the risk of fire. Antrim and Newtownabbey borough council has a “Buy Safe, Be Safe” campaign because of the risks of electric batteries. Waste management organisations all the way across Northern Ireland, including Newtownards, have all made complaints about the proliferating risk of batteries, battery waste and illegal batteries. I want to talk about a couple of my constituents, Karlo Bogdan and Natasha Johnson-Mall. Karlo was 24 and Natasha was 27 when they died in a fire caused by an unsafe e-battery in my Coventry East constituency. That is not an uncommon occurrence because lithium battery fires spread incredibly quickly, and those two hard-working young people, lost their lives unnecessarily in part because these regulations and protections-which we are bringing in, yes, first in Northern Ireland, but later in our own country-were not in place to protect them from the dodgy salespeople and resellers on Amazon and all the dumping that has happened as a result of the great Brexit deal. I am very happy to give way if the hon. and learned Gentleman wants to come back on any of that.
May I first correct the Minister? I am not a DUP Member, and I am surprised she does not know that. Secondly, she is also wrong to say that we are debating the merits of this law, as we are not. This already is the law in Northern Ireland, courtesy not of this House but of the EU through sections 7 and 8 of the 2020 Act. It already is the law, so all we are discussing now is how far we are going to penalise people if they breach this foreign law. We are not discussing its merits. If the Government wanted to tackle unsafe batteries, they should have done so across the whole United Kingdom, and they have not-they are hiding behind Northern Ireland.
Let me begin by apologising to the hon. and learned Gentleman. I understand that he is a member of Traditional Unionist Voice. I did know that, but I forgot it in the heat. We are in the process of doing exactly what he is exhorting us to do, which is to make sure that we have a complete internal market across the United Kingdom while also protecting Northern Ireland’s unique protected status under the Windsor framework. I draw the Committee’s attention to the fact that it is a model. Brexit has not delivered the freedoms it was supposed to deliver. In the end, the e-bikes, e-cars and e-batteries we buy are not made in Great Britain; most are made by Bosch in Germany and elsewhere in Europe. As the hon. and learned Gentleman says, the regulation applies in Northern Ireland, and there is what I would consider a halo effect because most people placing batteries on the market are abiding by it. What we are doing today is beginning a clampdown on rogue merchants who may be competing unfairly and whose products may not meet that new European standard. I wanted to put my constituents’ deaths on the record, because while we talk about the abstract principles and ideals of subsidiarity and sovereignty, sovereignty was not able to save their lives. My mission is to save lives, not least the lives of waste transfer station staff-the most invisible and neglected sector in our country-who are dealing with batteries on a weekly basis, especially in temperatures such as those we are...
Committee rose .