Part of Enterprise Bill – in a Public Bill Committee am 6:15 pm ar 23 Ebrill 2002.
I should like first to clarify what I think the amendment means. It is designed to align the meaning of the phrase ''privileged communication'' in part 6 of the Bill with the definition of ''privileged communication'' in section 30 of the Competition Act 1998. In fact, the term ''privileged communication'' does not appear in part 6, but I believe that the hon. Gentleman is attempting to align the definitions of information that is subject to legal professional privilege in the Bill and the 1998 Act.
The investigatory powers and the safeguards for their application are based on the powers conferred on the SFO by the Criminal Justice Act 1987. The provisions relating to the protection of legal professional privilege use different words from those in the 1998 Act but, in principle, the legal effect is the same.
OFT and SFO officers will work together on cartel investigations. The Government simply want to ensure that they operate under powers that are as similar as possible, so we want to retain the wording based on the 1987 Act. That is our rationale. In the light of that explanation, which is akin to the one that I gave on an earlier amendment, I hope that the hon. Gentleman will withdraw his amendment.