My Lords, Amendment 31 stands in my name and those of the noble Lord, Lord Best, and my noble friend Lord Stevenson of Balmacara.
Rather strangely, as the Bill stands, trading standards officers—who work on behalf of consumers to track down rogue traders, dangerous goods, scams and rip-off merchants—would lose their existing powers to inspect premises, unless they give two working days’ notice of such visits in writing. Because of the outcry over this nonsense when the Bill was in the Commons, the Government have already had to amend it so that officers can still enter without forewarning, either where there is suspicion of malpractice or where evidence might be destroyed. But that is always the case with evidence: it goes walkies when the police or trading standards are anywhere near.
Despite the slight amendment made in the Commons, the requirement for 48 hours’ written notice would still tie the hands of trading standards officers. This new requirement was written into the Bill, despite the fact that there were no calls at all for this change from business, and no evidence that officers misuse their current powers. While it is true that some companies quite liked it once it was suggested, none had demanded it. Meanwhile, enforcement agencies and consumer groups naturally want it removed. If the Government really want to help small businesses ensure that the right people and the right paperwork are ready for a visit, fixing it up by phone to suit the company would be much better than sending two days’ fixed notice by post, with no negotiation over the date. The Bill also does not deal with the difficulty of giving notice to mobile traders.
Even if we win a vote on this amendment, which would remove the need to have 48 hours’ written notice before trading standards could inspect, it does not mean that trading standards officers cannot give notice before they inspect. In fact, they would do so in very many cases. It is good practice to do so, but it would also save trading standards officers’ time: they would not have to go back a second time if the
paperwork was not there. However, it makes no sense to give notice to people who are potentially breaking the law of when the enforcers will turn up to check on them. That would hamper the enforcers’ ability to tackle rogue traders, since unannounced visits can act as a deterrent, as well as a source of evidence.
Of course, these very same officers do not have to give notice for food safety: they can have unannounced visits. Ofsted can also make unannounced visits. Just last week we saw the impact of a surprise inspection of Colchester hospital by the Care Quality Commission, which led to major steps to safeguard patients. That might not have happened had the hospital management been given two days’ warning. Why must trading standards replace today’s on-the-spot checks with two days’ written warning? How difficult would it be for the very same officer to have different powers for entering the same premises, depending on which breach they are investigating?
The Government have said that a trading standards officer can always enter premises as a member of the public and see what an ordinary shopper can. However, retailers do not put their untaxed or counterfeit cigarettes on top of the counter or out on the shelves. Unsurprisingly, they are hidden below the counter, where an officer would not be able to look. It is not just consumers and trading standards officers who want the 48-hour requirement removed: small firms also dislike competitors undercutting them by underhand means. Indeed, the Tobacco Retailers’ Alliance—I do not often speak on behalf of anyone to do with tobacco, but it is right on this—has written, saying that it is,
“disappointed … that… the Bill … gives a retailer suspected of selling smuggled tobacco 48 hours’ … warning of having their premises inspected”.
It says that that seems,
“madness ... As legitimate retailers, we do not require any notice of an inspection. You can come in whenever you like”.
It says that the provision plays into the hand of retailers who break the law, allowing them to carry on selling smuggled tobacco after inspections. It urges the Government to remove this provision from the Bill and let inspections be carried out without warning so that they are an effective deterrent to those who sell smuggled tobacco.
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He is not in his place, but the noble Lord, Lord Blencathra, wrote back to the retailers concurring with their view. He said there is no justification for giving 48 hours’ notice of an inspection of a tobacconists shop. It is not as though it is an intrusion into your personal home. Writing in the Grocer, the chairman of a large cash and carry store noted that independent retailers say that,
“test purchasing is less effective if there has to be 48 hours notice of a visit”.
As serious is the fact that there will be fewer inspections because trading standards officers are bound to become risk-averse where they have to articulate and document the evidence of their suspicion or malpractice, or the likelihood of loss of evidence, particularly in cases where, despite the reassurance the Minister gave us, evidence tends to come anonymously from other retailers. We know that a challenge in court that inspectors
visited without reasonable evidence or gave proper notice in writing could cost their local authority heavy legal fees should they get tripped up by some clever lawyers, even if the inspection then found a breach of consumer law.
We are talking about the sale of dangerous goods, such as flammable mattresses, ineffective carbon monoxide detectors, dangerous toys, dodgy electrics, fake bags and jewellery and rip-off household goods. Trading standards officers stand in our shoes as consumers protecting us against these. Amendment 31 would remove the Bill’s requirement for trading standards to have to give 48 hours’ written notice. As Giles Roca, director-general of the TRA asked,
“why change a system that works perfectly well?”.
The Government were unable to answer that in Committee. Instead, they have come up with further amendments today which rather demonstrate that they accepted our arguments in Committee but dare not quite say so. Therefore, they have invented a new term: “a routine inspection”. The Trading Standards Institute, which carries out a lot of the work for the Government, does not recognise that term and does not know what it is. The Trading Standards Institute says it is very happy to give notice of routine visits to advise traders but that is not an inspection visit and it does not know what a routine inspection visit is. In fact, because of the cuts to the number of trading standards officers—I think there are 50% fewer than there were—and the move to an intelligence-led approach, only the older ones can even remember routine visits taking place.
Inspection visits are to find evidence. This will be curtailed if two days’ warning of the inspectors’ arrival has to be given. Why are the Government asking trading standards officers, who act on behalf of consumers, to work with one hand tied behind their backs? I beg to move.