UK Parliament / Open data

Groceries Code Adjudicator Bill [HL]

Debate on bills and Committee proceeding on Tuesday, 26 June 2012, in the House of Lords, led by Lord Browne of Ladyton.
First day. Clauses 1 to 5 agreed to. Schedules 1 and 2 agreed to.
Type
Parliamentary proceeding
Reference
738 cc67-124GC 
Session
2012-13
Legislative stage
Committee stage
Chamber / Committee
House of Lords Grand Committee
Proceeding contributions
Lord Browne of Ladyton | 738 c67GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

1: Clause 1, page 1, line 3, leave out “is to” and in...

Lord Browne of Ladyton | 738 cc67-8GC (Link to this contribution)

My Lords, I apologise that I was unable to contribute to the Second Reading debate on this import...


Show all contributions (132)
Earl of Sandwich | 738 c68GC (Link to this contribution)

I hope the Minister and also the noble Lord, Lord Browne, will forgive my intervention in the ear...

Baroness Wilcox | 738 cc68-9GC (Link to this contribution)

My Lords, we are off to a marvellous start. This is a great level to start at—whether we are doin...

Lord Knight of Weymouth | 738 c69GC (Link to this contribution)

Would “shall be” make a difference?

Baroness Wilcox | 738 c69GC (Link to this contribution)

It might. I wonder if the noble Lord, Lord Browne, would be kind enough to let me take this away ...

Lord Browne of Ladyton | 738 c69GC (Link to this contribution)

My Lords, I will be more than content to withdraw my amendment, and to go away and reflect on the...

Viscount Eccles | 738 c69GC (Link to this contribution)

Moved by

Viscount Eccles

2: Clause 1, leave out Clause 1 and insert the following new...

Viscount Eccles | 738 cc69-71GC (Link to this contribution)

My Lords, I start by thanking my noble friend for letters that have been deposited in the Library...

Lord Knight of Weymouth | 738 c71GC (Link to this contribution)

I am most grateful to the noble Viscount for giving way. Has he seen the briefing that has been p...

Viscount Eccles | 738 cc71-2GC (Link to this contribution)

My Lords, I am grateful for that intervention, and no doubt we shall come on to discuss the clima...

Lord Borrie | 738 cc72-3GC (Link to this contribution)

My Lords, perhaps I may intervene at this point. Most Members of the Committee know that I had a ...

Lord Razzall | 738 c73GC (Link to this contribution)

My Lords, perhaps I may respond to the remarks made by the noble Lord, Lord Borrie, by saying tha...

Lord Curry of Kirkharle | 738 cc73-4GC (Link to this contribution)

My Lords, I very much support the Bill. I should like to pick up on a phrase used by the noble Vi...

Lord Knight of Weymouth | 738 c74GC (Link to this contribution)

My Lords, I am sure that we are all extremely grateful to the noble Viscount, Lord Eccles, for gi...

Viscount Eccles | 738 c74GC (Link to this contribution)

Perhaps I may ask the noble Lord a short question. What part does he think that the public plays ...

Lord Knight of Weymouth | 738 cc74-5GC (Link to this contribution)

I am grateful to the noble Viscount for his intervention. Clearly, the public are the consumers. ...

Lord Howard of Rising | 738 c75GC (Link to this contribution)

I must declare an interest as I have a tenant who is a direct supplier to a supermarket. The exam...

Lord Knight of Weymouth | 738 cc75-6GC (Link to this contribution)

It is very helpful to have the contribution of the noble Lord, Lord Howard, because he has a part...

Baroness Wilcox | 738 cc76-7GC (Link to this contribution)

My Lords, this group of amendments goes to the very heart of the Bill. It concerns whether or not...

Viscount Eccles | 738 cc77-8GC (Link to this contribution)

My Lords, I am grateful to my noble friend and to all noble Lords who have taken part in this sho...

Lord Curry of Kirkharle | 738 c78GC (Link to this contribution)

Perhaps I may intervene to say something I should have said earlier. I chair the Leckford Estate ...

Viscount Eccles | 738 c78GC (Link to this contribution)

I am grateful to the noble Lord for his intervention, but I doubt whether a state-appointed sole ...

Lord Knight of Weymouth | 738 c78GC (Link to this contribution)

For how long did the noble Viscount’s steering pump parts last if he had to store them? What was ...

Viscount Eccles | 738 cc78-9GC (Link to this contribution)

We did not know how soon Delphi would change its designs because there was a range of power steer...

Lord Razzall | 738 c79GC (Link to this contribution)

Before the noble Viscount sits down, is he prepared to address my point that the proposal was in ...

Viscount Eccles | 738 c79GC (Link to this contribution)

Luckily, I am just a vulnerable ancient Conservative Back-Bencher who does not feel in any way co...

Lord Knight of Weymouth | 738 c79GC (Link to this contribution)

Moved by

Lord Knight of Weymouth

3: After Clause 1, insert the following new Clause—<...

Lord Knight of Weymouth | 738 cc79-81GC (Link to this contribution)

My Lords, many of the debates we have had on the Bill, and will no doubt continue to have, are of...

Viscount Eccles | 738 c81GC (Link to this contribution)

Very briefly, I am sure that the noble Lord recognises that in doing this he goes far beyond the ...

Lord Grantchester | 738 cc81-2GC (Link to this contribution)

I support my Front Bench colleague at this stage. As at Second Reading, I declare my interests as...

Baroness Wilcox | 738 c82GC (Link to this contribution)

The noble Lord, Lord Knight, has brought us an interesting amendment, supported by his colleague,...

Lord Knight of Weymouth | 738 c82GC (Link to this contribution)

I am grateful to the noble Baroness on that matter but I am struggling a little. Fundamental to t...

Baroness Wilcox | 738 c83GC (Link to this contribution)

No, I do not suppose for one minute that the noble Lord has misunderstood, because I spoke quite ...

Lord Knight of Weymouth | 738 cc83-4GC (Link to this contribution)

I am kind of grateful to the Minister for that. The noble Viscount, Lord Eccles, was in many ways...

Lord Browne of Ladyton | 738 c84GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

4: Schedule 1, page 11, line 8, at end insert “, foll...

Lord Browne of Ladyton | 738 cc84-5GC (Link to this contribution)

My Lords, the purpose of this group of amendments is twofold. It is, first, to explore the nature...

Lord Borrie | 738 cc85-6GC (Link to this contribution)

My Lords, I am reluctant to disagree somewhat with my noble friend, who has argued so eloquently ...

Lord Browne of Ladyton | 738 c86GC (Link to this contribution)

Will my noble friend do two things for me before he sits down? First, will he address with the sa...

Lord Borrie | 738 c86GC (Link to this contribution)

With respect to my noble friend, he has not, in his question to me, dealt with the fundamental po...

Lord Browne of Ladyton | 738 c87GC (Link to this contribution)

My noble friend set a test for me that he knew I must fail, because the adjudicator does not have...

Lord Borrie | 738 c87GC (Link to this contribution)

The only thing that I can say is that it has been the deliberate intention of the Government thro...

Viscount Eccles | 738 c87GC (Link to this contribution)

Perhaps I could ask the noble Lord, Lord Browne, whether we have any other adjudicators.

Lord Browne of Ladyton | 738 c87GC (Link to this contribution)

The honest answer to the noble Viscount is that we have many adjudicators. We call them judges. H...

Lord Knight of Weymouth | 738 c87GC (Link to this contribution)

Before my noble friend Lord Grantchester responds, I will say very briefly to the noble Viscount,...

Lord Grantchester | 738 cc87-8GC (Link to this contribution)

I rise to propose Amendment 5. Far be it from me to come between my two noble friends on Amendmen...

Lord Geddes | 738 c88GC (Link to this contribution)

With great respect to the noble Lord, I think he means that he is speaking to Amendment 5, not pr...

Lord Grantchester | 738 c88GC (Link to this contribution)

Sorry, speaking to Amendment 5—moving Amendment 5.

Lord Grantchester | 738 c88GC (Link to this contribution)

I thank the Deputy Chairman for clarifying that. We have approached it in a simple, straightforwa...

Baroness Wilcox | 738 cc88-9GC (Link to this contribution)

My Lords, these amendments concern the independence of the adjudicator and, in particular, how th...

Lord Browne of Ladyton | 738 cc89-90GC (Link to this contribution)

I am grateful to the Minister for dealing so comprehensively with the constituent elements of my ...

Lord Knight of Weymouth | 738 cc90-1GC (Link to this contribution)

Before my noble friend withdraws his amendment, I ask his indulgence so that I can come back to t...

Lord Browne of Ladyton | 738 c91GC (Link to this contribution)

I am grateful to my noble friend for expanding my peroration quite significantly. The only point ...

Lord Browne of Ladyton | 738 c91GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

9: Schedule 1, page 13, line 9, at end insert—

...

Lord Browne of Ladyton | 738 cc91-2GC (Link to this contribution)

My Lords, I do not seek to dominate the debates in this Committee and I hope that my amendments w...

Duke of Montrose | 738 cc92-3GC (Link to this contribution)

I support the noble Lord, Lord Browne of Ladyton. In particular, I will back up his arguments on ...

Baroness Randerson | 738 c93GC (Link to this contribution)

My Lords, I thank the noble Lord for tabling these amendments and concur with the viewpoint of th...

Baroness Wilcox | 738 cc93-4GC (Link to this contribution)

My Lords, I fully recognise the interests of the devolved Administrations in this Bill: of the no...

Lord Browne of Ladyton | 738 cc94-5GC (Link to this contribution)

My Lords, I confess to being disappointed. It would appear that we have resorted to type in relat...

Lord Browne of Ladyton | 738 c95GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

10: Schedule 1, page 13, line 22, at end insert—

<...
Lord Browne of Ladyton | 738 c95GC (Link to this contribution)

My Lords, this is a probing amendment. This adjudicator is a creature of statute. He can have onl...

Baroness Wilcox | 738 c96GC (Link to this contribution)

My Lords, I fully recognise the importance of ensuring that the adjudicator has the powers necess...

Lord Knight of Weymouth | 738 c96GC (Link to this contribution)

My noble friend raises an interesting point and I thought that I would wait to hear whether the n...

Baroness Wilcox | 738 c96GC (Link to this contribution)

The noble Lord, Lord Knight, will be pleased to know that we are ahead of him on this. The adjudi...

Lord Knight of Weymouth | 738 c96GC (Link to this contribution)

I am grateful to the noble Baroness. It is the “incidental” that would worry me the most were I a...

Lord Browne of Ladyton | 738 c97GC (Link to this contribution)

The noble Baroness asked whether I am reassured. I am. How could I not be, given her explanation ...

Lord Browne of Ladyton | 738 c97GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

11: Schedule 1, page 13, line 24, leave out “Office o...

Lord Browne of Ladyton | 738 cc97-8GC (Link to this contribution)

My Lords, noble Lords will be pleased to hear that I will not be insisting on these amendments. T...

Lord Knight of Weymouth | 738 cc98-9GC (Link to this contribution)

My Lords, I will speak to Amendments 12, 96, 124 in my name and that of my noble friend Lord Gran...

Baroness Wilcox | 738 cc99-100GC (Link to this contribution)

My Lords, on the amendments tabled by the noble Lord, Lord Browne of Ladyton, I recognise that in...

Lord Knight of Weymouth | 738 c100GC (Link to this contribution)

The noble Baroness is of course right to refer to the first report of the Delegated Powers and Re...

Baroness Wilcox | 738 cc100-1GC (Link to this contribution)

Perhaps if I go back and continue for two paragraphs, we might find something a bit more helpful....

Lord Browne of Ladyton | 738 c101GC (Link to this contribution)

My Lords, I look forward to the Government’s amendments at a later stage of the Bill and, althoug...

Lord Browne of Ladyton | 738 c102GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

13: Clause 2, page 1, line 7, leave out from “must” t...

Lord Browne of Ladyton | 738 cc102-3GC (Link to this contribution)

My Lords, the other amendments in this group are consequential on the first, and challenge the pe...

Viscount Eccles | 738 cc103-4GC (Link to this contribution)

My Lords, I do not know if this will help or at least shorten what I need to say in the debate on...

Baroness Wilcox | 738 cc104-5GC (Link to this contribution)

The noble Lord, Lord Browne of Ladyton, has raised an important question that it is well worth us...

Lord Browne of Ladyton | 738 cc105-7GC (Link to this contribution)

My Lords, I am grateful to the noble Viscount, Lord Eccles, for expanding into a potentially frui...

Viscount Eccles | 738 c107GC (Link to this contribution)

I will try to be brief. I start by coming back to Professor Lyons, whose views were set out in pa...

Lord Knight of Weymouth | 738 c107GC (Link to this contribution)

I am grateful to the noble Lord. As we have already heard, Waitrose, as one of the big retailers,...

Viscount Eccles | 738 c108GC (Link to this contribution)

I am grateful to the noble Lord, Lord Knight. I have looked at that with some care and he is quit...

Lord Knight of Weymouth | 738 c108GC (Link to this contribution)

Given that the noble Viscount had said that there were no suppliers, I merely wanted to offer the...

Baroness Wilcox | 738 cc108-9GC (Link to this contribution)

My Lords, my noble friend Lord Eccles has already made clear that he believes that the adjudicato...

Viscount Eccles | 738 c108GC (Link to this contribution)

I am only talking about expectations. It is up to Members of the Committee to make up their minds...

Viscount Eccles | 738 c109GC (Link to this contribution)

I am grateful to my noble friend. Perhaps I may ask whether that last comment was on Part 2 of th...

Baroness Wilcox | 738 c109GC (Link to this contribution)

It refers to Article 11 of the order.

Baroness Wilcox | 738 c109GC (Link to this contribution)

The order already gives the right to suppliers to arbitration, in accordance with Article 11. I a...

Viscount Eccles | 738 c109GC (Link to this contribution)

I thank my noble friend. I want to reiterate that I do not read anything in Article 11 that curre...

Lord Browne of Ladyton | 738 c110GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

20: Clause 3, page 1, line 15, at end insert—

“...

Lord Browne of Ladyton | 738 c110GC (Link to this contribution)

My Lords, I shall not detain the Committee long with my amendments in this group. They are design...

Baroness Wilcox | 738 c110GC (Link to this contribution)

This is an important issue. It is clearly important that documents subject to legal professional ...

Lord Browne of Ladyton | 738 c111GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

23: Clause 4, page 2, line 5, after “may” insert “, e...

Lord Teverson | 738 cc111-2GC (Link to this contribution)

My Lords, I should like to speak to my own amendment in this group, Amendment 26. Something that ...

Lord Browne of Ladyton | 738 c111GC (Link to this contribution)

My Lords, the purpose of this amendment is to give the adjudicator a basis for investigating an a...

Lord Borrie | 738 c112GC (Link to this contribution)

I join in the query of the noble Lord, Lord Teverson, to the Minister, which I hope she can answe...

Lord Howard of Rising | 738 cc112-3GC (Link to this contribution)

My Lords, I feel I should first finish declaring my interests: I am a farmer as well. I find it r...

Baroness Byford | 738 cc113-4GC (Link to this contribution)

My Lords, I declare a past interest. We are still farmers, but we do not supply supermarkets any ...

Baroness Randerson | 738 c114GC (Link to this contribution)

My Lords, I wish to state clearly that I do not agree with the arguments of my noble friend Lord ...

Earl of Sandwich | 738 c114GC (Link to this contribution)

The noble Baroness, Lady Byford, and others said exactly what I would have. I am an NFU member. I...

Lord Grantchester | 738 c114GC (Link to this contribution)

Picking up on quite wide-ranging amendments, I think that on this side we are content that includ...

Baroness Wilcox | 738 cc114-5GC (Link to this contribution)

I thank all noble Lords. We are considering three amendments in this group—two intended to make i...

Lord Browne of Ladyton | 738 cc115-6GC (Link to this contribution)

My Lords, at Second Reading the Minister said that there would be no restrictions on who could co...

Baroness Wilcox | 738 c116GC (Link to this contribution)

Before the noble Lord sits down, I realise that I omitted a response to my noble friend Lord Howa...

Lord Browne of Ladyton | 738 c116GC (Link to this contribution)

I will finish what I had to say. I was pleased that the nature of our debate in Committee this af...

Viscount Eccles | 738 c116GC (Link to this contribution)

Moved by

Viscount Eccles

24: Clause 4, page 2, line 6, leave out “suspect” and insert...

Viscount Eccles | 738 c117GC (Link to this contribution)

My Lords, I will read out a sentence that is relevant to my amendment and also to the one we have...

Baroness Wilcox | 738 c117GC (Link to this contribution)

My Lords, the amendment would alter the criterion for starting an investigation so that the adjud...

Viscount Eccles | 738 c117GC (Link to this contribution)

My Lords, I thank my noble friend, although I will come back to the matter because I am not satis...

Baroness Byford | 738 c118GC (Link to this contribution)

Moved by

Baroness Byford

28: Schedule 2, page 14, line 20, leave out “is more than 10...

Baroness Byford | 738 c118GC (Link to this contribution)

My Lords, we have moved on to looking at investigations. My amendment seeks to amend Schedule 2(6...

Lord Knight of Weymouth | 738 c118GC (Link to this contribution)

My Lords, I am interested in the noble Baroness’s amendment. I shall not comment on it at length,...

Baroness Wilcox | 738 c119GC (Link to this contribution)

My Lords, I can understand why my noble friend is asking this question because she lives in the c...

Baroness Byford | 738 c119GC (Link to this contribution)

I thank my noble friend for that response. I am not wedded to the half-hour period suggested in t...

Lord Browne of Ladyton | 738 c119GC (Link to this contribution)

Moved by

Lord Browne of Ladyton

32: Clause 5, page 2, line 20, at end insert “; and

Lord Browne of Ladyton | 738 cc119-120GC (Link to this contribution)

My Lords, the purpose of the amendment is to require the adjudicator to give reasons for his or h...

Viscount Eccles | 738 c120GC (Link to this contribution)

My Lords, I have an amendment in this group. I am in full support of the noble Lord, Lord Browne....

Baroness Byford | 738 c120GC (Link to this contribution)

I will speak to my Amendment 34 in this group. It is a simple, probing amendment to ask whether t...

Lord Borrie | 738 c121GC (Link to this contribution)

I cannot see how the Minister can possibly have a good reason for rejecting the perfectly straigh...

Baroness Wilcox | 738 c121GC (Link to this contribution)

My Lords, the reports that the adjudicator must publish at the end of each investigation are a vi...

Lord Knight of Weymouth | 738 c121GC (Link to this contribution)

I am most grateful to the noble Baroness for giving way. In what way will the Freedom of Informat...

Baroness Wilcox | 738 c121GC (Link to this contribution)

Will scrutiny from freedom of information or the parliamentary commissioner not undermine the pri...

Lord Knight of Weymouth | 738 c121GC (Link to this contribution)

I am grateful to the Minister for giving me another chance to seek clarification. It seemed clear...

Baroness Wilcox | 738 c122GC (Link to this contribution)

My view—and that of the advisers behind me—is that at this stage I need say only one thing: I wil...

Baroness Byford | 738 c122GC (Link to this contribution)

I am slightly mystified by the Minister’s response to my question. I would be grateful if she wou...

Lord Browne of Ladyton | 738 cc122-3GC (Link to this contribution)

Despite the lateness of the hour, I am significantly perked up by the noble Baroness’s response. ...

Earl Attlee | 738 c124GC (Link to this contribution)

My Lords, I think this may be a convenient moment to adjourn the Committee until Thursday at 2pm....

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