Clause 176 - Annual report of Service

Enterprise Bill – in a Public Bill Committee am 6:00 pm ar 7 Mai 2002.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon 6:00, 7 Mai 2002

I beg to move amendment No. 335, in page 128, line 28, leave out ''so far as practicable''.

Photo of Mr Nigel Beard Mr Nigel Beard Llafur, Bexleyheath and Crayford

With this it will be convenient to take amendment No. 336, in page 128, line 30, leave out

''in its opinion seriously and prejudicially affect''

and insert—

''significantly harm the legitimate business interests''.

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon

The amendments deal with exclusions from the annual report of the new Competition Service. Amendment No. 335 would delete the words ''so far as practicable'' in the second line. As I understand it, if the words are deleted, it would not be the case that the service necessarily must exclude the matters set out in subsections (a) and (b), but they must have regard to them. That is the key point. It is not an absolute situation but something that should be considered in every case.

The purpose of amendment No. 336 is to ask why decisions about what to publish and whether something harms a person's interest should be left to

the Competition Service. We feel that that should not be the case. Indeed, the Competition Service may not actually know whether someone's interest may be harmed if information were to be released, so the new wording has been included. In such a situation, why should it not be the case—

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

Can I help the hon. Gentleman, as it is probably fair to do so? The Government intend to oppose clause stand part because we have tabled amendment No. 354 and we no longer wish to support the clause.

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon

That being the case, should we make our comments in the clause stand part debate, following discussion of Government's amendments? I think that we probably should. On that basis I shall—

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

Can I correct what I said? I am sorry; I referred to amendment No. 354. That is not correct. None the less, it is correct that we want to remove the clause on the ground that it is no longer necessary. Therefore, I can save the hon. Gentleman time.

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon

I shall leave it to my hon. Friend the Member for Eastbourne to ask why the clause is to disappear. I simply wanted to make one further point on the clause.

Will the accounts of the Competition Service, which are referred to in schedule 10, be published in the report? There is no reference to any financial figures being included in the report. I thought it would be helpful if the Government could clarify their intention.

Photo of Nigel Waterson Nigel Waterson Ceidwadwyr, Eastbourne 6:15, 7 Mai 2002

I came in towards the end of the previous exchange. Is my understanding correct that there is to be no annual report because there is to be no clause 176? As we are all reaching for the same lever to pull the trapdoor on clause 176, perhaps we should let the Minister get on with it.

Photo of Jonathan Djanogly Jonathan Djanogly Ceidwadwyr, Huntingdon

It might have been helpful if the Government could have presented their case before we spoke to our amendments. However, that said, I should be grateful if the Minister could explain how the financial figures set out in schedule 10 are to be released to the public if there is now to be no report.

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

This matter has become slightly confused, and I must accept some responsibility. As the Competition Service will no longer provide support services for the Competition Commission, we have decided to delete the provision and replace it with a clause that requires the Competition Commission to produce an annual report. It is not complicated. New

clause 8 will be inserted into the Competition Act 1998. Therefore, I propose that the clause should not stand part of the Bill.

Question put and negatived.Clause 177The Commission