Clause 159 - Rights to enforce undertakings and orders under this part

Enterprise Bill – in a Public Bill Committee am 12:30 pm ar 7 Mai 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Nigel Waterson Nigel Waterson Ceidwadwyr, Eastbourne

You probably need a rest from putting the questions, Mr. Conway.

I have a couple of queries, particularly about subsections (4) and (9), with which I would be grateful if the Under-Secretary dealt, although I would be happy for her to write if that is easier. The clause concerns enforcement of undertakings or orders. Clearly, there has to be a mechanism for enforcement. I am concerned about the wider possibility of those affected by subsection (3), which states:

"any person who may be affected by a contravention of the undertaking or the order."

I have three specific questions. First, how closely related to the undertaking would people have to be to be able to claim damages, and do the normal rules of remoteness and so on apply when calculating damages? Secondly, where would they normally be expected to bring those proceedings? I presume that it would be in the commercial court. Thirdly, what measure of damages would normally apply for that sort of claim? Presumably, such claims would be on a tortious basis. I presume that there is a body of law relating to similar breaches and claims under fair trading legislation, which would assist us, and the Under-Secretary, on those questions.

Photo of Miss Melanie Johnson Miss Melanie Johnson Parliamentary Under-Secretary, Department of Trade and Industry

I am grateful to the hon. Gentleman for his points, which I have listened to carefully, and also for his suggestion that I might write to him. I will indeed do so, and give copies to Committee members.

Question put and agreed to.

Clause 159 ordered to stand part of the Bill.