Committee told that Windsor Framework has created gap where no-one appears responsible for toy safety in Northern Ireland
No-one appears to be in charge of the safety of toys in Northern Ireland anymore, thanks to the Windsor Framework.
That is the claim to emerge from a meeting of MLAs today, prompting the UUP’s Steve Aiken to voice “very real concerns” about child safety as a result.
The matter arose when MLAs on the Windsor Framework Democratic Scrutiny Committee met this morning to discuss a change in EU rules around toys.
In technical terms, the EU’s Directive 2009/48/EC is being repealed and replaced with Regulation (EU) 2025/2509.
This changes the rules regarding chemicals in toys as well as the web security of internet-enabled toys.
The Northern Ireland Protocol / Windsor Framework means Northern Ireland is subject to these EU rules, despite having left the EU.
MLAs on the committee heard from two officials from Stormont’s Executive Office, who said that no Northern Irish department has responsibility for applying these new rules; instead it falls to the Office for Product Safety and Standards (OPSS), which is part of the Department for Business and Trade in London.
The problem, said Dr Aiken, is that the OPSS’ remit only covers toys which it regulates – and thanks to the Protocol / Windsor Framework, that means Great Britain alone.
The result is that “to say the least, it’s a grey area” when it comes to who – if anyone – is actually in charge.
The meeting heard that officials from OPSS had declined to attend the committee.
Dr Aiken said that is because OPSS had argued “this EU directive had nothing to do with them”.
Speaking after the meeting, Mr Aiken said “in the now well-established pattern of buck passing under the Windsor Framework, it is apparent that no one will be responsible or accountable for toy safety,” and that the UUP “has very real concerns about who is now responsible for the safety of our children”.
He said that the upshot for Northern Irish parents is that “if something goes wrong and there’s a toy safety issue, nobody is responsible for sorting it out”.
"Nobody seems to think that this could potentially be a problem,” he said.
"I’m a father with four kids – two younger kids – and two grandkids, and I think it’s a problem.
"If something goes wrong, I want to be able to ping somebody who’s going to sort it out, not get a Kafka-esque backwards-and-forwards commentary.”
He added: “It is well beyond time that all political parties here, and the Secretary of State, recognise the very real challenges to everyday life that the Windsor Framework imposes on us all: whether it’s €5 charges for parcels, the inability to buy new cars, medicines for our animals, or now, the question of who is responsible for toy safety.”