My Lords, it gives me great pleasure to move this amendment and speak to the others in my name. I thank the noble Baroness, Lady Bowles, for her support; I think she is going to speak at some stage on the clause stand part debate. I take this opportunity to thank once again the Law Society of Scotland for its briefing and its assistance in drafting these amendments.
Amendment 134 would delete the phrase “from time to time” from Clause 31(1). The reason for this is simply to state that reviews should take place on a more structured and regular basis than simply from time to time. I would like to press the Minister on what the intended timeframe for a review is within the terms of Clause 31.
Amendment 135 is on a similar theme. It looks to set out the significance of a matter that the CMA would review under the terms of Clause 31, and to press the Minister to say that surely it must be intended that the CMA conducts reviews into important and significant matters only. Is that the Government’s intention? Currently Clause 31(1) provides the CMA with an extensive power to conduct reviews. In my view that should be used only in accordance with clear rules that will ensure that only important issues are reviewed. The purpose of the amendment is to press my noble friend and the Government on what would instigate such a review and be deemed a sufficiently important and significant matter for this purpose.
Amendment 137 looks at the purpose of a proposal that should be made only, as I state here, by the Secretary of State or others that I have set out. The purpose is to ensure that only the Government and the devolved Administrations can make a proposal to the CMA to conduct a review. The reason for that is that the Bill currently provides that the CMA can receive and consider any proposals for undertaking a review, so in fact anyone can refer a matter to the CMA. Surely it must be intended that there is some qualification relating to this to exclude vexatious or frivolous referrals that might be deemed to be wasting the time of the CMA or others involved. The purpose of this probing amendment is to restrict the capacity to make referrals to the Government and the devolved Administrations, and to ask my noble friend if that is indeed the Government’s intention.
Amendment 144 looks at Clause 32, taking out “part” and replacing it with “or the entirety of”, thereby ensuring that the Secretary of State can request advice on a report for the whole UK, not simply a part of the UK. That is simply to note that the Secretary of State may request the CMA to provide a report for any part of the UK under Clause 32(11)(d), but not apparently for the whole of the UK. It is my intention to resolve that anomaly and clarify whether my understanding is correct.
Amendment 146 would delete Clause 35(4), which states:
“A duty of the Secretary of State to make a statement to Parliament is to be discharged by laying a copy of the statement before each House of Parliament.”
Is it not the case that such duties should be discharged in person directly to Parliament by making an Oral Statement rather than by laying a copy of the Statement
before each House? Or do the Government intend to use that procedure and this is just the phrase that they have used? My amendment seeks to probe this.
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Amendment 147 would insert, at the end of said clause:
“Before preparing advice and information under subsection (1) the CMA must consult such persons as it considers appropriate.”
This would ensure that the CMA consults those interested parties before preparing advice and information under this clause. The provision of advice and guidance about how the CMA will exercise its functions under Clauses 31 to 34 will be of considerable interest to those parties affected by that exercise. The consultation would allow an opportunity for those potentially affected to express views on the prospective content of the advice and guidance. Will the Government look favourably at this proposal?
Lastly, Amendment 148 would insert:
“Before revising or withdrawing any advice or guidance under subsection (1) the CMA must consult such persons as it considers appropriate”.
This a consequential amendment that flows from the above.
I am grateful for the opportunity to speak to these probing amendments, particularly in the context of the relevant clauses, especially Clause 31, relating to monitoring and reporting on the operation of the UK internal market, to make sure that it can function as smoothly as can be anticipated.