Enterprise and Regulatory Reform Bill
Thursday, 18 October 2012
Bills
House of Lords
My Lords, if there is a Division in the House, the Committee will adjourn for 10 minutes.
I would like to detain the Committee briefly on a point of clarification that arose out of last w...
Show all contributions (140)
My Lords, as my noble friend said, we did not actually mention the Law Society, but he has respon...
I thank my noble friend for that clarification.
My Lords, there is no question before the Committee so we cannot have a debate. I call Amendment ...
Moved by
Lord Marland
24C: Schedule 5, page 115, line 19, at end insert “, and
...
Thank you, Deputy Chairman. This is a government amendment. First, I would like to put on record ...
My Lords, we have very few comments to make on the substantive point in the amendments before us....
Is the noble Baroness, Lady Hayter, already on her Christmas holiday?
She certainly is not. She is working hard on other matters elsewhere, to which I will need to rep...
I apologise; I should have dealt with this amendment in the same grouping. Clause 45, as was righ...
Moved by
Lord Marland
24D: Schedule 5, page 115, line 22, leave out sub-paragraph (5)...
Moved by
Lord Whitty
24K: After Clause 22, insert the following new Clause—
“Po...
My Lords, we return to the issue that I raised in the Minister’s absence during our last session,...
My Lords, I recognise the amendment and I have just handed the noble Lord, Lord Whitty, a letter ...
My Lords, I certainly hope that when everything settles down, it will all work, but it is interes...
Moved by
Lord Whitty
24L: Before Clause 23, insert the following new Clause—
“C...
My Lords, I shall speak also to Amendment 24M. Amendment 24L deals with what issues the CMA will ...
I support my noble friend Lord Whitty. He and the Minister, no doubt, will recall that when the B...
My Lords, I am much taken with the words of the noble Lord, Lord Whitty, which were underlined by...
My Lords, I did not understand the beginning of the Minister’s helpful reply because it seemed to...
Sorry, I should clarify that the CMA has both phases. Currently it has the OFT and the CMA as we ...
I am grateful to the Minister for that, as well as for saying that he completely recognises the n...
Moved by
Lord Whitty
24N: After Clause 23, insert the following new Clause—
“Me...
My Lords, the body politic has suffered over the past few years from two major crises—a dreadful ...
I am sorry that telling the previous Government fell on deaf ears. I fear that it might do the sa...
I thank the Minister for that. We may well return to the issue, but for now I beg leave to withdr...
Moved by
Lord Whitty
24P: Clause 24, page 19, line 23, at end insert—
“( ) The ...
My Lords, we now move on to the other contentious sector: the media, and in particular the media ...
I thought that that was a brilliant speech by the noble Lord, Lord Whitty—
If the Minister would care to allow some other speakers—
My noble friend Lord Whitty has made a most useful point. There is no doubt at all that this Bill...
My Lords, knowing the nature of this Government and the fact that not everyone in it is paid, I w...
As I was about to say before I so rudely interrupted the speech of the noble Lord, Lord Borrie, f...
My Lords, there is a Division in the Chamber. The Committee will be adjourned for 10 minutes.
...I will rewind the clock, my Lords. This has been a brilliant debate and I do urge the noble Lord,...
My Lords, I am grateful to the noble Lord for his remarks. When the cream eventually reaches the ...
Moved by
Viscount Eccles
24PA: Clause 25, page 20, leave out lines 20 to 25
My Lords, I want to probe the Government’s attitude towards penalties in this part of the Bill. M...
My Lords, I am grateful to my noble friend for raising this complex issue. In terms of the method...
I am grateful to my noble friend for that reply. It probably needs to be looked at because it see...
Moved by
Lord Whitty
24Q: Clause 26, page 21, line 39, at end insert—
“(3) Subj...
My Lords, these amendments have been tabled simply to raise the issue. The Government may well ha...
My Lords, I am very grateful to the noble Lord, Lord Whitty, because his contribution means I do ...
We have had two excellent points of view, but the reality is as follows. Britain is seventh worst...
My Lords, I thank the noble Viscount for his support on this issue; I shall definitely support hi...
Very briefly, my Lords, my noble friend’s answer is an abdication of management. If you believe t...
Moved by
Lord Hunt of Wirral
25: After Clause 26, insert the following new Clause—
My Lords, in proposing this new clause I am concerned about the impact of the current merger regi...
My Lords, I have a few worries about this amendment. It sounds fine for the companies. They will ...
My Lords, I very much support of my noble friend Lord Hunt of Wirral’s amendment. Key to this is ...
My Lords, I have listened with great interest to the words of the noble Lord, Lord Hunt of Wirral...
My Lords, the amendment is interesting; on the one hand, the noble Lord, Lord Berkeley, has made ...
My Lords, I am not just happy but enthusiastic in my response. There are not many Ministers who r...
Moved by
Lord Marland
25A: Schedule 8, page 195, line 32, at end insert—
“( ) o...
Moved by
Lord Whitty
25B: Clause 27, page 22, line 22, at end insert—
“(5) In a...
My Lords, the amendment deals with cross-market issues and, I hope helpfully, suggests some flexi...
My Lords, no one knows more about consumer protection than the noble Lord, Lord Whitty. He had a ...
My Lords, I thank the Minister for that, particularly the reference back to the Competition Act, ...
My Lords, I have tabled my intention to oppose Clause 29. It is not that the clause does not brin...
My Lords, in supporting the thesis of the noble Lord, Lord Whitty, I just wonder whether this is ...
My Lords, I will break with tradition and, much to my officials’ relief, read from a prepared scr...
The trouble is that it does not tell us why it is there. It tells us something about what could h...
I am not sure I can respond to that.
I thank the Minister. The noble Viscount, Lord Eccles, as ever, is opening my eyes to wider objec...
Tabled by
Lord Whitty
25F: Clause 30, page 28, line 30, at end insert—
“(d) ass...
My Lords, I have effectively spoken to this under an earlier item, so I will not move it today.
My Lords, this is a very quick, probing amendment. It gives the CMA powers to seek information in...
My Lords, we are trying to streamline the processes, as the noble Lord, Lord Berkeley, would ackn...
I am grateful to the Minister for his comments. As we discussed in a previous amendment, one of t...
Moved by
Lord Whitty
25H: Schedule 11, page 213, line 24, leave out “£30,000” and ins...
My Lords, this amendment and the others in this group are pretty straightforward and deal with th...
My Lords, I part company a little from the noble Lord, Lord Whitty, here and I shall illustrate w...
Surely the noble Viscount would agree that these things sometimes have a deterrent value. People ...
I quite agree about deterrents: a nuclear bomb is a deterrent. You have to provide a deterrent. E...
I have to disagree with my noble friend Lord Eccles because I believe that you should have deterr...
Before the noble Lord sits down, I was interested in his comments about the £30,000, the £15,000,...
Can I just clarify that? I did not say plus. It is £30,000 or 10% of turnover, and the Competitio...
I am grateful to the Minister. I am wondering why the daily rate should not be a percentage as we...
I have made a mistake. It is not “or 10% of turnover”; it is a fixed rate of £30,000—not 10% of t...
I am grateful to the Minister for that clarification. I still think that £15,000 a day for a big ...
My Lords, I am grateful to the Minister for clarifying that; I was getting a bit confused myself....
Moved by
Lord Whitty
25M: Clause 31, page 29, line 33, leave out “relevant” and inser...
My Lords, this is very straightforward. It is a matter of clarity. Clause 31 refers at several po...
My Lords, I can get to the nub of this very quickly. The relevant bodies in this case are only th...
In which case, my Lords, surely it would be sensible to say the Secretary of State or the CMA—the...
Moved by
Lord Whitty
25T: Schedule 12, page 216, line 16, leave out “6” and insert “4...
My Lords, these amendments are straightforward. Part of the rationale for the merger has been to ...
I cannot tell the noble Lord why not; I asked the very same question of my officials. It is a per...
Before the noble Lord sits down, I have a question in relation to these time periods. I have had ...
My Lords, in reply to my noble friend, Lord Berkeley, the point would be from when the clock star...
Moved by
Lord Whitty
25X: Clause 33, page 31, line 40, leave out from beginning to en...
My Lords, these amendments are a little more complicated. I am not sure that I understand this my...
My noble friend Lord Whitty has tabled a very valuable amendment here. It is most important that ...
That was a veritable tour de force from the noble Lord, Lord Borrie, as one would expect. Just to...
My Lords, it is six o’clock on 18 December, so there is not much daylight, but I am grateful to t...
Moved by
Viscount Eccles
26: Clause 34, page 32, line 7, leave out from beginning to ...
My Lords, I am probing to see whether there is some way in which some of these arrangements could...
My Lords, I am in danger of re-establishing my alliance with the noble Viscount. There are aspect...
Perhaps I could explain to the noble Lord, Lord Whitty, and to my noble friend Lord Eccles that a...
I thank my noble friend. Can he deal, if not now then later, with this point about an individual ...
Moved by
Lord Berkeley
26A: Clause 36, page 34, line 32, leave out subsection (4)
...This is a probing amendment. Subsection 36(4) of the Bill provides for one or more of the CMA’s f...
My Lords, I think that my noble friend Lord Berkeley is right to seek verification on this. A lat...
The noble Lord, Lord Berkeley, gets to the point. I am grateful for his brevity. I am reliably in...
I am grateful to the Minister but I wonder whether, within his broad canvas, or whatever, he has ...
My Lords, I was going to leave that because my Amendment 26BF is an attempt to tidy up the provis...
Perhaps I may first reply to the noble Lord, Lord Whitty. We will review this in five years’ time...
Moved by
Lord Whitty
26AB: Clause 37, page 36, line 10, leave out “significant” and i...
My Lords, this is really a drafting amendment. Section 35 of the 1998 Act refers to “serious, irr...
As the noble Lord says, it is a matter of conjecture and we will obviously look at it. I am not s...
I am grateful to the Minister for that and I beg to withdraw the amendment.
Moved by
Lord Whitty
26AC: Clause 41, page 37, line 16, leave out subsections (4) and...
My Lords, Clause 41 makes some very significant changes to the law on cartels. At present, the co...
I take from this that the noble Lord, Lord Whitty, agrees with his own Front Bench in the other p...
My Lords, I am grateful to the Minister for saying that he will look at the situation again. I wa...
Moved by
Lord Marland
26B: After Clause 45, insert the following new Clause—
“P...
My Lords, Clause 45 gives the Competition and Markets Authority stronger powers to co-ordinate Co...
Moved by
Lord Whitty
26BA: After Clause 45, line 21, at end insert—
“(g) the Fi...
My Lords, I am extraordinarily grateful to the Minister for accepting that Monitor should come ou...
My Lords, I share my noble friend Lord Whitty’s serious concern about Amendment 26B. It goes to t...
We have a Division in the Chamber. The Committee will stand adjourned until Members have returned...
My Lords, before the Division, we were debating Amendment 26BA.
My Lords, I had just about finished, but want to conclude by saying that I hope that the Minister...
I endorse what has been said by the noble Lord, Lord Berkeley. The proposed new clause states:
What would the noble Lord, Lord Bradshaw, think if there developed a debate between the Office of...
Yes. Perhaps I may take another example; the Civil Aviation Authority, which I do know something ...
The noble Lord, Lord Whitty, indicated that he was minded not to support our amendment and what I...
Can the noble Lord expand a little on the reasons for when this would happen? He quoted bad pract...
All that is important is that the consumer or customer, by which we mean the general public, reco...
Perhaps the noble Lord would answer my question about how long it will take to bring the machiner...
The Secretary of State would intervene only if an agreement had not been reached with the various...
My Lords, I am grateful to the noble Lords, Lord Bradshaw and Lord Berkeley, and the Minister. Th...
Moved by
Lord Whitty
26BE: Clause 46, page 42, line 13, at end insert—
“(1) The...
My Lords, this last amendment—which we will all be grateful about—deals with a separate issue of ...
My Lords, let me assure the noble Lord, Lord Whitty, that we totally recognise the need for speci...
My Lords, I appreciate what the Minister says about the panels. I am not sure that I can identify...
Moved by
Lord Marland
26C: Schedule 15, page 231, line 38, leave out “Omit”
26D...
My Lords, this may be a convenient moment for the Committee to adjourn until Wednesday 9 January ...