I beg to move amendment No. 296, in page 83, line 7, at end insert—

'(6A) Any order made by the Secretary of State which increases the level of fees payable shall require the approval by affirmative resolution of each House of Parliament.'.

The clause provides for the Secretary of State to make orders for the payment of fees to the Office of Fair Trading for merger filings. Given the substantial costs for companies to make merger filings—there are professional costs as well as the fees—any order under the clause requires approval by affirmative resolution in each House as a safeguard against an unjustifiable increase in fees. The Confederation of British Industry picked up on that point and we concur. We are therefore proposing the amendment. The straightforward question that I would add is, does the Minister intend to use the opportunity of the Bill as an excuse to hike the fees involved, and if so, by how much?

If I can answer a straightforward question with a straightforward answer, no. I understand that that echoes the views of my ministerial colleagues, who are fairly clear that the merger fee provisions in clause 115 reflect the provisions of the Companies Act 1989. They included the negative resolution procedure, so we consider that to be the appropriate mechanism to include in the Bill.

Changing the level of fees would affect businesses. Any change that we make, therefore, will involve undertaking a regulatory impact assessment. That will be a public document and the option for Parliament to debate that matter will always be open. I hope that my comments on the motivation for the clause, and the factual basis on which we have arrived at the mechanism, offer the comfort that the hon. Gentleman seeks and that he will feel able to withdraw the amendment.

For clarification, is it not normally the case that such fees involve affirmative action?

As I said, we are mirroring the provisions in the 1989 Act, which had the negative resolution. To that extent, there is form: such provision has existed for more than a decade. That has therefore been deemed the appropriate mechanism for the Bill.

On the basis of the Minister's answer, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 115 ordered to stand part of the Bill.

Clause 116 ordered to stand part of the Bill.