Enterprise Bill – in a Public Bill Committee am 10:30 am ar 1 Mai 2002.
I beg to move amendment No. 181, in page 51, line 12, after `notified', insert
`(whether in writing or otherwise)'.
Through these amendments we seek to clarify that where the Bill refers to information that should be notified, such notification need not be in writing.
Amendments Nos. 181 and 188 amend the clause and schedule 6, which is the equivalent provision covering the exceptional public interest enforcement regime. Material facts about the reference must be notified to the OFT prior to acceptance of undertakings in lieu. The amendments confirm that such notification need not be in writing.
Amendment No. 193 amends schedule 7, which sets out the remedies that may be included in a final order.
I want to intervene before the Minister moves on and we lose this crucial moment. I accept that these are minor amendments, but I want to comment on notification in writing. I am puzzled about the circumstances the Minister has in mind in which such an important matter would not be communicated in writing. Surely it is in everyone's interest to have a record, and matters are put in writing to provide that record. These are key issues for all involved. Does the Minister envisage a chance conversation or a telephone call about them? I am trying to tease out of him whether that is what he has in mind.
The example that comes to mind is when parties cannot fulfil requirements to notify information on prices, for example, without having to publish everything in writing in great detail. I hope that there is unanimity in the Committee on wanting to minimise the burdens on businesses, and that amendment No. 181 is seen for what it is: an attempt to support the broad thrust of the Bill, which is to
assist businesses and, when it is unnecessary, not to require vast wads of paperwork.
Given the concern about and interest in amendment No. 181, I should comment on amendment No. 193. It amends schedule 7, which sets out the remedies that may be included in a final order. Under the schedule, an order may require the notification of prices. The amendment ensures that notification has the same meaning in the schedule as elsewhere in the Bill: it need not be in writing.
These are primarily technical amendments, but the changes are important to protect businesses in their dealings with the authorities and to give them the comfort with which we want to provide them.
Amendment agreed to.
Clause 70, as amended, ordered to stand part of the Bill.