Consumers, Estate Agents and Redress Bill [HL]

My Lords, I stay with protection but move from the defence of the realmto the consumer. Unlike my noble friend Lady Oppenheim-Barnes, I shall concentrate exclusively on Part 3, which concerns estate agents and amends the Estate Agents Act 1979. If ever an Act needed updating, that is it. I shall be supported on all sides of the House in what I want to do with the Estate Agents Act 1979, which started as a Private Member’s Bill, promoted by the then Member of Parliament for Oldham Central and Royton and supported by the then Member of Parliament for The Wrekin. It is a great pleasure that the former MP for Oldham Central and Royton is present. I refer to the Captain of the Yeomen of the Guard, otherwise known as the Government Deputy Chief Whip. The former MP for The Wrekin is none other than the Captain of the Gentlemen-at-Arms, the Government Chief Whip. They introduced the 1977 Bill, which became the 1979 Act, having been taken up by the Government. Under Section 22 of that Act, the Secretary of State may, by regulations made by statutory instrument, make provision for ensuring that persons engaged in estate agency work satisfy minimum standards of competence. Sadly, Section 22 has never been implemented. Noble Lords who have been Members of the House for some time will know what I am about to say, and I hope that those who are new will support me on it. We last discussed this subject when I moved an amendment on 13 September 2004 to the Housing Bill to license and provide training for estate agents. The Bill that we have in front of us is welcome so far as it goes, but it is only partially welcome in that it does not complete the job. It shuts the stable door after the horse has bolted. When you seek a full redress system and apply to the ombudsman you already have a complaint. I am trying to prevent the complaint in the first place and thereby give greater protection to the consumer. I will be moving amendments in Committee to that effect. What I want to do is supported by the great majority of estate agents. My profession is not the most renowned in the world; second-hand car dealers, estate agents and politicians all fall into the same category. I very much hope that the mood and the time are now right to upgrade the estate agent. It seems utterly ridiculous that my daughter is going through endless exams to sell £100-worth of shares on the stock market, yet the person who can sell the biggest asset in most people’s lives—their house—is under no obligation to have any qualification or training. When the Minister loses at the next election, he can set up as an estate agent the day after and start a business with no training or qualification. I have no doubt that he will be brilliant at it and absolutely straightforward. Sadly, a lot of people in my profession are not. With the housing market continuing to expand and increase in value, the problem is getting worse. The damage that is being done to people and the amount of money that is being lost can never really be quantified. It is not an exact science. Valuing a house is not the same as valuing a share. Each house can be slightly different, and it all depends on the purchasers at the time. In my experience, there is no doubt that a lot of people are losing money and are not getting a proper service. Yet this Government, who will not go to that stage, have recently made a hash of introducing home inspection reports. They asked surveyors to get retrained to prepare only part of the home inspection pack; the survey. I spent a lot of money and was retrained, but they consequently pulled the rug on me and various others, including the brother of the noble Lord, Lord Addington, and they did not give us any compensation. They said, ““That is just too bad; we have changed our minds””. If you want the surveyor to be qualified, surely it is even more important that the agent is qualified, properly trained and kept up to a high standard. As I said, I will move amendments in Committee, but that is the gist of my complaint about the Bill. It is okay so far, but it needs improving. This is a wonderful opportunity to address the situation that I know the noble Lord, Lord Davies of Oldham, wanted to address in 1977. He allowed for its provision; let us now put that provision into practice.