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

With this it will be convenient to discuss the following:

Clauses 303 to 308 stand part.

That schedule 25 be the Twenty-fifth schedule to the Bill.

Chapter 1 of part 5 of the Bill enhances the UK’s ability to co-operate internationally on competition and consumer matters, as open and fair competition globally ensures the best opportunities for UK businesses and consumers. Clause 302 would introduce a new power for the Competition and Markets Authority and certain consumer protection regulators to provide investigative assistance to an overseas regulator. This power will apply to civil investigations or proceedings related to competition and digital markets and consumer protection.

The clause sets out three core requirements that must be met before investigative assistance is provided. First, the overseas regulator requesting assistance must be carrying out a function that corresponds to a function that the UK regulator has under UK law. Secondly, the UK regulator must assess whether it would be appropriate to provide the assistance requested by the overseas regulator, using the conditions set out in clause 304. Thirdly, the Secretary of State must have authorised the UK regulator to provide the assistance in accordance with clause 305.

Clause 303 sets out that the request must be made in writing by the overseas authority, describe the matter for which assistance is requested, and detail any potential penalties that might be imposed following the overseas investigation. Clause 304 provides a framework for UK authorities to assess whether it is appropriate to provide the investigative assistance requested by an overseas authority; it also sets out the circumstances in which a UK authority has no discretion and must reject an incoming request for investigative assistance—for example, if there is no reciprocity and no overriding public benefit to the UK in providing the assistance in any event.

Clause 305 outlines the factors that the Secretary of State must consider in deciding whether to approve a request for assistance. For example, the Secretary of State may reject a request for assistance where they consider that it would be more appropriate for any investigation to be carried out by the UK authority solely for its own purposes. Clause 306 requires the UK authority to notify the Secretary of State where it has received for assistance and considers it appropriate to provide the requested assistance.

Clause 307 places a duty on the CMA to publish guidance in connection with requests for investigative assistance and the provision of that assistance. Any regulator with the powers to provide investigative assistance must have regard to that guidance, which must be approved by the Secretary of State. Clause 308 and schedule 25 amend the existing legislative framework to ensure that the new investigative assistance regime slots in properly and runs smoothly. For example, the usual time limits for the CMA to be able to impose civil penalties for failures to comply with merger information notices would not work in cases where the CMA is providing assistance, so schedule 25 creates a bespoke time limit specifically for such cases.

Clause 302 acts as a gateway to investigative assistance provisions. This is an important provision, enabling regulators in the UK to assist an overseas regulator. The Minister outlined the conditions under which the UK regulator may assist. We understand that the issues around consumer protection and competition must increasingly be dealt with internationally, because they are increasingly digital in nature and when they arise abroad can impact consumers here, as well as the other way around. As we have gone through these matters with short remarks today, my overall comment is that while we need this provision, the safeguards that might be needed and what is or is not to be published are less apparent.

This is an evolving and complicated area. We do not know all the scenarios that might arise and what requests might be made. We do not know what considerations we might take into account when requests come in. For example, do we have a good relationship with the state of which the regulator is part? Do we have other concerns? What information is being asked for? Is any of a potentially commercial nature? How will it be shared? Will it be about specific individuals? Will they know what information is being requested or, indeed, whether it is being shared? Will it come under similar rules as sharing information by the police does, or not because it is a civil matter? There are some quite important questions about the overall process. We may not have all the answers, but there may well be further debate in the other place on this area.

We need to make sure of the overriding public benefit of sharing information. When providing assistance, we should consider any questions about whether information sharing is necessary, whether there is any risk in doing so, and how that risk might be assessed. The overriding principle of international co-operation is important, but so is making sure we have clear principles under which some of the powers are used.

My general comments broadly cover clauses 303, 304 and 305, with the latter setting out how the Secretary of State must authorise the UK regulator to assist an overseas regulator once a request has been made and the appropriateness of that assistance has been considered. Under clause 305, the Secretary of State can authorise individual requests or give a general authorisation for requests of a particular description—for example, a general authorisation for requests that come in from a particular overseas regulator. General authorisations can be withdrawn at any time, but by their very nature they can be wide in scope, and oblige the UK regulator to assist that overseas regulator, so the Secretary of State must publish the giving and withdrawing of any general authorisation. That is important and we welcome it.

Would the Minister expect the Secretary of State to discuss requests with regulators prior to authorising a UK regulator to assist an overseas regulator, once a request has been made? How we consider the appropriateness of the assistance, how transparent it is depending on the circumstances, and how the regulators might be involved in the case where they have broader expertise or experience—it will be important to get these details right and to ensure that there are appropriate safeguards and clarity about what will and will not be public, that the regime works as intended, and that it does not have any other detrimental impacts over time.

Clause 306 introduces provisions that require a UK regulator to notify the Secretary of State when it has received requests for assistance that it considers appropriate to give that are not covered by a general authorisation. It is a welcome clause, and one that is important in providing clarity about the roles and responsibilities in the regime. In the more detailed review of the regulations, there may be a need to probe how the regulator might make decisions and how it might decide it is not appropriate to give assistance, and to make clear where it is important that information is public. I am not sure if there is much in the provisions by way of how quickly the regulator may be expected to respond to requests for investigative assistance, in particular if there may be a significant amount of time involved in supplying that.

Clause 307 requires the CMA to prepare and publish guidance on making and considering requests for investigative assistance and the provision of such assistance, to which a relevant regulator must have regard. That is welcome, as is the requirement on the CMA to consult as it considers appropriate and that the Secretary of State must approve the guidance. That will be an important consultation, enabling others with expertise to contribute. The guidance will published, which is important for all those who are covered by this part of the Bill.

Clause 308 introduces schedule 25 into the Bill, which amends other legislation in connection with the chapter. We welcome those technical provisions to ensure clarity and consistency throughout this and other related legislation. I look forward to the Minister’s response.

There are just a couple of points to make, I think. On clause 302, the hon. Lady asked whether the police would be involved in any of the investigations. The clause sets out clearly that those are civil matters, not criminal matters. The overseas regulator requesting system is supposed to carry out a function that corresponds to a function that the UK regulator has under UK law.

Either I was not clear, or the Minister mistook me. I was not talking about the police being involved. I was asking whether there are processes of sharing information akin to the way that information is shared with police, so that it can be done in more confidence. The question was about what will be known to those whose information may be shared, if there is that request.

In the course of anybody’s work, if there is evidence of criminal activity, we would expect an enforcement agency or regulator to share that with the relevant enforcement authorities, including the police. Was that the point the hon. Member was trying to make?

If I can put it a bit more simply, my question was about how the information will be shared, who will know that the information is being shared, and what that information is being shared about?

If the hon. Lady has any further points that she wants clarified, perhaps she will write to me, as I am not quite sure what she is referring to.

The hon. Lady asked about safeguards and the considerations to be taken into account when agreeing to requests for assistance. The clauses provide significant safeguards with regard to the conditions that the authority itself needs to consider and, when it comes to the authorisation by a Secretary of State, consideration of appropriate protections, for example, around confidentiality and other considerations set out in the Bill.

Further details about the process and how investigative assistance will work in practice will be set out in detailed guidance. That is another point that the hon. Lady referred to—discussions between the regulator and the Secretary of State—that we expect to see in guidance. We expect the regulators and the Secretary of State to engage closely in considering whether to provide assistance. Guidance will be put in place and agreed between the regulators and the Secretary of State to set out how the measure will work in practice.

Question put and agreed to.

Clause 302 accordingly ordered to stand part of the Bill.

Clauses 303 to 308 ordered to stand part of the Bill.

Schedule 25 agreed to.