My Lords, out of consistency I support the noble Lord, Lord Howard of Rising, in Amendment 14. I said in Committee that my view was that the appeals processes, the potential of judicial review which has been generated by this Bill and the existing law are unnecessarily complicated and could be greatly clarified. I do not think that the issues at stake in relation to a decision such as naming and shaming are of anything other than the order in which it is guaranteed that a large retailer will test by judicial review whether or not that decision is appropriate. I expect—and we should anticipate—that these issues will be of such moment to large retailers that they will deploy their legal resources in a way that guarantees a degree of review of any decision. Had the noble Baroness been minded to accept Amendment 11 proposed by the noble Lord, Lord Howard of Rising, I would not have felt it necessary to support this amendment, which introduces to the Bill what I consider to be not only an element of fairness, but one of reality. Had the noble Baroness been minded to allow or require the adjudicator to publish with any report of an investigation the response of a large retailer and make it public, then I would have thought that this would have been sufficient. In the absence of that, a large retailer will want to be vindicated and we will get litigation. It would be better contained inside the process. I know this is not a position supported by most people who broadly take my view of this legislation, but I support it.
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