The
Committee consisted of the following
Members:
Chairman:
Mr.
Mike
Hancock
Baron,
Mr. John
(Billericay)
(Con)
Borrow,
Mr. David S.
(South Ribble)
(Lab)
Buck,
Ms Karen
(Regent's Park and Kensington, North)
(Lab)
Burgon,
Colin
(Elmet) (Lab)
Burt,
Lorely
(Solihull)
(LD)
Cohen,
Harry
(Leyton and Wanstead)
(Lab)
Fisher,
Mark
(Stoke-on-Trent, Central)
(Lab)
Meale,
Mr. Alan
(Mansfield)
(Lab)
Owen,
Albert
(Ynys Môn)
(Lab)
Palmer,
Dr. Nick
(Broxtowe)
(Lab)
Prisk,
Mr. Mark
(Hertford and Stortford)
(Con)
Seabeck,
Alison
(Plymouth, Devonport)
(Lab)
Teather,
Sarah
(Brent, East)
(LD)
Thomas,
Mr. Gareth
(Parliamentary Under-Secretary of State
for Business, Enterprise and Regulatory
Reform
)
Wilson,
Mr. Rob
(Reading, East)
(Con)
Yeo,
Mr. Tim
(South Suffolk)
(Con)
Young,
Sir George
(North-West Hampshire)
(Con)
Glenn McKee, Committee
Clerk
attended the
Committee
First
Delegated Legislation
Committee
Monday 28
April
2008
[Mr.
Mike Hancock
in the
Chair]
Draft Consumers, Estate Agents and Redress Act 2007 (Commencement No. 3 and Supplementary Provision) Order 2008
4.30
pm
The
Parliamentary Under-Secretary of State for Business, Enterprise and
Regulatory Reform (Mr. Gareth Thomas):
I beg to
move,
That the
Committee has considered the draft Consumers, Estate Agents and Redress
Act 2007 (Commencement No. 3 and Supplementary Provision) Order
2008.
It
is a pleasure to serve under your chairmanship, Mr. Hancock.
Having seen you engage in robust exchanges in the House, I look to you
for protection from bullying by the Opposition and from one or two of
my Back-Bench colleagues.
The order
will require the new National Consumer Council to publish and consult
on a draft forward work programme before each financial year. The
supplementary provision in the order defines the councils
financial year for the sole purpose of the first forward work programme
as being the period from 1 October 2008 to 31 March 2010. For obvious
reasons, it was not possible for the council to produce a forward work
programme before the current financial year. Consequently, it is
necessary to determine a different period of coverage for the first
forward work programme.
Since the
plan is for the council to assume its full range of functions on 1
October this year, the order proposes that that should be the starting
date for the first forward work programme. It is sensible to aim to
align the period of the forward work programme with the financial year
at an early date. One option would be for the forward work programme to
cover the six-month period from 1 October 2008 to 31 March 2009, but
that would require the council to consult on a forward work programme
for a relatively short period, and having done so, enter almost
immediately into another consultation period from 1 April 2009 to 31
March 2010. Therefore, the order proposes that the initial period for
the forward work programme should be 18
months.
4.33
pm
Mr.
Mark Prisk (Hertford and Stortford) (Con): I, too, welcome
you to the Chair, Mr. Hancock. I know that you have already
had an exciting afternoon, and although our contributions will not be
quite as valuable, I am sure that the debate will be just as
important.
I
welcome the Ministers opening remarks and their prompt nature.
However, promptness is not necessarily evident in the background to the
order. I do not intend to delay the Committee for too longI
suspect that some Members will be thankful for thatbut I would
like to raise a couple of practical points. The Minister opened his
remarks by saying that the first financial
year would begin not in April, as one would expect, but on 1 October
2008. Can he confirm that the future work programmes after March 2010
will revert to what most of us would regard as a proper financial year,
from April to March?
Mr.
Thomas:
If it will help, I
can.
Mr.
Prisk:
I will take that as a yesotherwise, the
Minister has stated that he will be helpful, but not told us
howjust to make that clear for the
record.
I welcome the
principle that the National Consumer Council should set out its forward
plans on the grounds of transparency. I am possibly right in saying
that the hon. Member for Solihull and I are the only survivors from the
unqualified pleasure of that Bills consideration. There were
some debates about whether there should be both a forward plan and an
annual report, which did seemto be fair, I have had it on
recordpossibly a little bureaucratic. Nevertheless, it is
important that the transparency is there, and I support that. However,
that transparent approach is not necessarily matched by a statutory
duty for the National Consumer Councilor indeed the Secretary
of Stateto publish the findings of reports that emanate from
that forward work programme. Can the Minister say whether the
Government intend to publish all those reports, and if not, what the
grounds for not publishing would
be?
My
second point is that the Act became law last summer and yet, with
regard to transferring the functions of the existing National Consumer
Council and Consumer Direct, there has been growing concern in many
circles about the slow progress. I appreciate that Ministers have
changed during that time, and it may be difficult for the current
incumbent to answer the question directly. Now that we know about the
proposals for forward plans, when can the Government confirm the role
and the resources of Consumer Direct, albeit that its functions would
sit under the Office of Fair Trading? That relates directly to the
ability of the National Consumer Council to plan ahead. For example,
can the Minister confirm the budget for Consumer Direct for this and
the next financial years? The matter iswith your indulgence,
Mr. Hancockslightly beyond the immediate boundary,
but clearly one cannot have a work programme unless one understands the
financial implications. There have been some contradictory messages
from the Department. It would be helpful if the Minister could put
firmly on the line the amount of money involved. I am happy to
conclude, and look forward to his
reply.
4.36
pm
Lorely
Burt (Solihull) (LD): I add my appreciation of your robust
chairmanship, Mr. Hancock. The hon. Member for Hertford and
Stortford and I are veterans of the original Bill and, like him, I have
no problems with the timing of the forward work programme. Eighteen
months as opposed to six months sounds like a sensible way to proceed,
particularly in the early stages of a new council.
I would like
to trespass into three areas about which we expressed concern in
considering that Bill. I do not know whether the Minister is able to
satisfy my concerns. One of those areas was whether the organisation
will be capable of fulfilling the requirements of its remit, since it
now has fewer staff and resources than the original three
organisationsthe original NCC, Postwatch and Energywatch. How
might we be able to tell that that has been reflected appropriately in
the work programme? Can the Minister reassure us that the work
programme will be as full as it needs to be, and not constrained by
financial and other resource
problems?
Secondly,
we had particular concerns about the regional aspect. Coverage in
regional areas will be much less now. Will the work programme seek to
address the service that it is able to give in the regional as well as
the national
context?
The
third area just relates to post officeswell, not just, it is a
huge issue, particularly at the moment. My hon. Friend the Member for
Richmond Park (Susan Kramer) went to great lengths to seek assurances
at the time that the new National Consumer Council would be able to
address concerns about decisions over the planned closure of 2,500 post
offices. What will the NCC involvement be, and what powers will it have
to comment on and overturn appeals against decisions that are perceived
to be
unfair?
4.39
pm
Mr.
Thomas:
I will begin by picking up on the suggestion from
the hon. Member for Hertford and Stortford that there might have been
or might be slow progress in establishing the new NCC. Perhaps he was
alluding to the aspiration expressed by my right hon. Friend the Member
for Makerfield (Mr. McCartney) when the Act passed through
the House, that the new NCC would be established within 12 months of
the Act becoming law. We will not achieve that, but we will be
relatively close. I took a decision to put back the intended start time
from 1 July to 1 October to enable the NCC to complete all the
necessary arrangements. Human resource policies must be in place and
governance systems set up. I wanted to give the NCC board the time and
space to think through its forward work programme and bring the three
bodies into one.
I am
confident that we are on track to achieve the start date of 1 October.
It is fair to say that there is still quite a bit of work to do.
However, we are confident that aiming for 1 October is a realistic time
scale and that while there is additional work to do, the NCC will be
able to do it. Consulting on the forward work programme is key to that.
The NCC has begun tentative informal discussions with one or two
obvious stakeholders. I hope that the Committee will approve the order
as it will give the NCC the green light to accelerate the start of
formal discussions on its work
programme.
That
brings me to the second element of the hon. Gentlemans
questioning on the budgets not only for the new NCC, but for Consumer
Direct. Before the budgets are finalised, a key consideration for the
Government, the NCC and the Office of Fair Trading, which runs Consumer
Direct, must be what is in the work
programme.
Mr.
Prisk:
I have two questions. The Minister raised two
separate but related issues. First, does the order mean that the work
programme will begin on 1 October, but the publication will be
subsequent, or that 1 October is when the work programme will begin and
be published? Secondly, on the point that he has just raised, my
understanding from parliamentary questions is that
£19 million was the anticipated budget of Consumer
Direct. As I asked earlier, will the Minister confirm what the Consumer
Direct budget will be for this and the next financial
year?
Mr.
Thomas:
We expect to make an announcement shortly on
budgets. The budget will in part be dependent on the forward work
programme, so I cannot give the hon. Gentleman the complete clarity
that he would like. We have been consulting carefully with the OFT and
the NCC on their financial needs for the short and long
term.
The
hon. Gentleman asked whether the Government will publish all reports.
As he knows from the Act, the Secretary of State may publish any report
that is made to him. Knowing the Secretary of State, I would have
thought that, in principle, he will want to publish all reports that
are put to him. I cannot state definitively that every single report
will be published come what may. There might be issues of
confidentiality. However, the hon. Gentleman can take it as read that
we want the new NCC to be as transparent as possible in its
relationship with Government. The new NCC can publish any report that
it chooses, so it is not just up to the Government whether reports are
publishedthe NCC can make that
call.
The
hon. Member for Solihull asked about resources. She is right that in
bringing the three bodies together, fewer members of staff will be
employed. However, we are seeking to set up a radically different
process for the way in which complaints are handled, which is a key
consideration. She will remember from the debates that were held in
2006 and 2007, that significant additional requirements were put on
industry to get the handling of complaints right. Consumer Direct will
also be able to deploy additional staff to help with the handling of
consumer complaints.
I cannot
state definitively today what the budgets for regional and national
work in Scotland, Wales and Northern Ireland will be, but perhaps I can
reassure the hon. Lady that the regional and national chairs of the NCC
sit on the board of the new NCC and so are directly involved in
decisions on the new forward work programme and on the expenditure and
resources of the new
NCC.
Mr.
Prisk:
The Minister has raised several issues there that
are of interest to the Committee. Would he be good enough to write to
members of the Committee setting out the issues as they arise? Clearly,
he anticipates announcing some quite timely issues, and it would
helpful for us to see the
detail.
Mr.
Thomas:
I am happy to give a commitment to reflect on each
decision that we must make between now and 1 October. In general terms,
I am happy to write to hon. Members about the key decisions taken. If
at any stage members of the Committee want to have a
formal update on how the implementation arrangements for the new NCC are
progressing, I am happy to sit down with both Opposition spokespeople
and Labour Members to discuss that
further.
The
last question that the hon. Member for Solihull asked concerned the
assurance sought by her hon. Friend the Member for Richmond Park about
the support given by Postwatch staff in relation to the post office
closure programme. I can repeat the assurances that were given at the
time: the staff working on that programme will be ring-fenced as they
come into the new NCC, so there will be no diminution of capacity as a
result.
Question
put and agreed
to.
Resolved,
That
the Committee has considered the draft Consumers, Estate Agents and
Redress Act 2007 (Commencement No. 3 and Supplementary Provision) Order
2008.
Committee
rose at twelve minutes to Five
oclock.