LoginInterview: Justin Madders MP
The Minister whose portfolio includes Trading Standards talks funding, policy and regulation.
Richard Young, Editorial Lead Writer
Posted 13 January 2025 | JoTS Online
Content Tags: Analysis|Legal and Policy|National
Justin Madders became the Parliamentary Under-Secretary of State and Minister for Employment Rights, Competition and Markets in July 2024. His role, which sits within the Department for Business and Trade (DBT), encompasses consumer protection and regulatory issues, and he is the primary point of contact between the Government and Trading Standards.
As Labour introduces a host of new legislation that will affect Trading Standards services, Madders spoke to the Journal about Trading Standards’ role in enforcing new regulation while supporting economic growth. Almost half a year into his job, he has had time to get to grips with the key issues – and the monumental challenges – facing enforcers, consumers and businesses. So what is the first thing Madders thinks of when he hears the words ‘Trading Standards’? “Cowboys,” he says. “A few years ago I worked closely with my local Trading Standards, and they ended up taking a rogue garden landscaper to court who had been blatantly ripping off my constituents [in Ellesmere Port and Bromborough]. It was so blatant and widespread I was pleased justice was eventually done.”
The latest ‘Impacts and Outcomes’ report by the Association of Chief Trading Standards Officers (ACTSO) shows that in 2023-24, Trading Standards prevented more than £905m of consumer detriment in England and Wales. That equates to £8.39 saved for every £1 spent. Does Madders agree that this represents good value for money for the taxpayer? “It’s really helpful to see ACTSO’s assessment of the positive impact Local Authority Trading Standards Officers are having for consumers,” he says. “The Government greatly values the work that Trading Standards teams do protecting local communities. They have a key role in supporting economic growth by giving businesses a clear and level playing field, so they can invest with confidence.”
These unregulated and illegal products not only pose serious health risks but also encourage harmful behaviours, particularly among young consumers
I ask whether, despite that key role, Trading Standards’ work is often overlooked or misunderstood? “I agree that this work can sometimes go under the radar with the public, particularly where it is preventative – it is often only when things go wrong that people notice, so sometimes it’s a mark of Trading Standards’ success that their work goes unnoticed,” Madders believes.
“But I know that Trading Standards departments do have a great reputation within their local communities, with both consumers and businesses, and it’s important we continue to recognise their good work, such as – and this is just a few of the many examples – tackling misleading claims about sustainability, helping local businesses who repair e-bikes comply with the law, or stopping unsafe cosmetics getting into the hands of consumers. The Journal and CTSI also do a great job promoting Trading Standards departments’ expertise and impact,” he adds.
Money talks
New pieces of legislation such as the Tobacco and Vapes Bill, the Product Regulation and Metrology Bill and the Renters’ Rights Bill will only be meaningful and effective if the enforcement required to put them into practice is adequately funded. Trading Standards services have been drastically underfunded over the past decade or so, to the point that many are at breaking point and, according to CTSI, certain illegal activities have been ‘effectively decriminalised’ as a result. So how will the Government ensure that those tasked with upholding the law have the resources they need? And what funding commitments can Madders make?
“It says a lot about the trust Government departments have in Trading Standards that local enforcement is seen as critical to delivering protection for people in this country,” he says. “I recognise this can place pressure on services.
“The Product Regulation and Metrology Bill, which my department is bringing forward, will not itself change the enforcement activities that Trading Standards already deliver. In fact, it will allow for more efficient and effective interventions by providing new data-sharing opportunities, greater digitisation and improved, streamlined processes. It will also allow for mechanisms to be put in place to recover the end-to-end cost of market surveillance.
“It’s important that Trading Standards teams were engaged in this process and I know the officials in my department leading the Bill spoke with local authorities during the consultation process, and welcomed their insight and feedback. The Office for Product Safety and Standards (OPSS) provides assistance to Trading Standards teams through things like access to free training, technical advice and funding for product testing, and I want to see that continue.”
Trading Standards services are responsible for work which intersects with different parts of Government in addition to the DBT. So what opportunities does Madders think exist to approach Trading Standards’ work more holistically, and to look at the connections between things like financial fraud and its impact on health? “You are right to point to the links between different regulatory areas, and it aligns with our ambition to be a mission-led Government, breaking down barriers to deliver for people in all parts of the country,” he says.
“There is a lot of work going on in DBT and across other departments looking at the overall contribution regulation makes, both in delivering important protections and in supporting growth and innovation. We have already announced the new Regulatory Innovation Office, and while that will have innovation as its main driver, ensuring different regulatory bodies work together smoothly will also be central to what it does. And, as the national regulator, OPSS helps link up the important work done by Trading Standards in their regions and sectors of expertise at a national level. Primary Authority is a great example of this.”
Innovation nation
The launch of the Regulatory Innovation Office was announced in October by the Department for Science, Innovation and Technology. It has the aim of ‘kickstarting growth’ by speeding up approvals for businesses working on new technologies such as delivery drones or AI. Its founding serves as a recognition of the fact that the business and consumer landscape has changed dramatically in recent years; but what is the Government doing to ensure that the tools at Trading Standards’ disposal are fit for purpose and can keep pace with emerging ways of shopping, selling and doing business?
“Addressing new challenges from different models of supply is a priority for the Government as we modernise the UK’s product regulation framework,” Madders says. “The Product Regulation and Metrology Bill will give Government tools to tackle products sold and fulfilled via online platforms, and importantly it builds more flexibility into the framework so we can adapt better to future changes – be it in the ways consumers buy products and where they’re sold, or how AI and technological advancements can ensure consumers are getting the amount of product they are paying for.
“The Digital Markets, Competition and Consumers Act 2024 (DMCCA) has made civil enforcement more robust by giving new powers to the courts to impose significant penalties for wrongdoing. It has also strengthened enforcers’ toolbox for tackling online harms, including making new takedown powers available through the courts and clarifying that unfair trading rules apply to businesses that promote or facilitate transactions from third parties. The Act also bans fake reviews and the drip pricing of unavoidable fees. And we’re continuing to tackle concerning online practices as they come up – we’re currently reviewing the law on secondary ticketing, for example.”
CTSI and others have been calling for online marketplaces such as Amazon to take their responsibilities to their customers more seriously by ensuring that the products sold on their platforms by third-party sellers are safe and compliant. Among CTSI’s recommendations are the introduction of clear legal duties on online marketplaces and other online platforms; increased, ring-fenced funding for Local Authority Trading Standards services to support enforcement activities at ports and borders; and a levy on online marketplaces and other platforms to fund regulation by Local Authority Trading Standards services. What does Madders think can be done to make online marketplaces safer and more responsible?
“Online platforms and other digital channels have opened up markets and choice for consumers in ways we probably couldn’t conceive of 10 or 15 years ago,” he says. “But this benefit shouldn’t be at the expense of consumer safety. Most of the UK’s product safety framework is derived from decades of EU law, and it is clear it requires modernising for today’s digital-first world. That’s why we are bringing forward the Product Regulation and Metrology Bill. It will ensure the UK is better placed to address modern-day safety issues, harness opportunities that deliver economic growth, and ensure a level playing field between the high street and online marketplaces. Our intention is that this will include specific duties for online marketplaces, alongside their existing responsibilities.
“Where online platforms are facilitating or promoting consumer transactions, the DMCCA has made it clear that they have to adhere to unfair trading rules and must, among other things, act with professional diligence. The Government is working with the platforms to ensure they are clear on their responsibilities to protect consumers and are delivering on those.
“Of course, this is a fast-growing area for Trading Standards services too, as they will play a central role in delivering regulation for products sold online. I expect my officials to continue engaging with local regulators on the delivery of the Product Regulation and Metrology Bill once it is enacted, and support will be available to Trading Standards: as well as existing technical, policy and legislative advice, specific guidance will be produced on the new powers, so that local authorities are equipped to use them efficiently.”
Trading Standards has always been at the forefront when it comes to tackling rogue traders and scammers whatever form they take
Energy and the economy
The push towards Net Zero will require consumers to be confident and educated about domestic energy-efficiency measures, an army of traders who are qualified and certified, and robust enforcement measures against the scammers and rogues seeking to exploit people’s good intentions. Does Madders appreciate how central Trading Standards will be to making that happen?
“Trading Standards has always been at the forefront when it comes to tackling rogue traders and scammers whatever form they take,” he says. “Local authority-operated trader approval schemes such as Buy with Confidence or Trustmark can really help consumers make informed choices about sustainable products. Delivering Net Zero is a Government-wide commitment, and in my view Trading Standards’ role is paramount here: tackling bad actors undermining our transition to Net Zero or making misleading claims about their products’ environmental credentials, and also protecting consumers who are committed to doing the right thing.”
Consumer confidence also underpins the economy in a wider sense, supporting legitimate businesses and ensuring consumers are treated fairly. What role does Madders think Trading Standards plays in helping the country prosper on a local and national level? “As ACTSO’s figures show, the role that Trading Standards Officers play is real and quantifiable – the economic impact means people are better off and good businesses are more profitable,” he says. “For that to happen, businesses need confidence to invest – including assurance that they won’t be undercut by unscrupulous competitors – and consumers need confidence that they are buying from reputable manufacturers and retailers.
“Regulatory certainty and consistency is essential to kickstart growth and I believe local Trading Standards departments up and down the country already do play an important role in creating that confidence. I mentioned Primary Authority – the scheme is there to have a national impact, and shows exactly how the unique expertise in regions and sectors that Trading Standards offers can be amplified for the benefit of consumers and businesses across the country.”
A new chapter?
One of the findings of the Grenfell Tower Inquiry was that previous governments’ drive for deregulation meant concerns about the safety of life were ‘ignored, delayed or disregarded’. The Government of which Madders is a part now has an opportunity to reject that ideology and turn the page on what has been described as the ‘slash and burn’ of the Tory years – so what role does he think regulation plays in creating a safer, healthier and fairer society?
“Good regulation helps protect people from harm and fraud, and enables people to make informed choices about their health and other aspects of their lives,” he says. “Whilst regulation has a role in protecting all members of our society, it is especially relevant for the most vulnerable. As the Minister for product safety, I have seen and heard first-hand from those affected by recent e-bike fires, for example, of the devastating impact that unsafe products can have on people’s lives. Listening to their stories has brought into sharp focus the important role that regulation can play in protecting people from harm and the necessity for it.
“The Grenfell Tower Inquiry published its final report on 4 September. The Government is carefully considering its recommendations and has committed to responding within six months, to ensure that such a tragedy can never occur again.”
PLEASE NOTE: This content originally appeared on our standalone Journal of Trading Standards website (www.journaloftradingstandards.co.uk), which we are gradually migrating over to the Journal's new home on the CTSI website. Please bear with us while we complete this process. This will not affect the production of our Print Edition.
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Content Tags: Analysis|Legal and Policy|National
