Clause 7 - Provision of information and
Enterprise Bill
5:45 pm

Photo of Mr Nigel Waterson

Mr Nigel Waterson (Eastbourne, Conservative)

I beg to move amendment No. 14, in page 3, line 32, at end insert:

'(3) It shall also be a function of the OFT to issue guidance to trading standards departments about the use of their powers to obtain Stop Now orders and to ensure that such powers are used consistently.'

Despite our puzzlement about the meaning of the word ''function'', we were still keen to impose another

function on the OFT, and that is it. That is a serious, practical point. One benefit of super complaints–we are not dealing with them now–is that they should prevent different levels of interest in pursuing an abuse being expressed in different parts of the country. The matter can then be dealt with globally as a global concern, if that is not too simplistic a view of the meaning and import.

Some 200 trading standards departments around the country have varying amounts of resources to devote to particular abuses. They have different priorities, which is, in a sense, right. Later in the Bill we will hear the views–about resources and other matters–of the Trading Standards Institute and the Local Government Association, among others. Some attempt has been made to ring-fence some resources for trading standards departments. According to my information, it has not been particularly successful. Resources always have a tendency to be siphoned away into other local government activities even though, with the best will in the world, they are destined for trading standards in other departments. On any view, therefore, we have a big problem of inconsistency between different trading standards departments in different local councils throughout the country.

The OFT should have some overview of how stop now orders are carried out in practice. I do not want to oversell the amendment, but the OFT should have some say in bringing consistency of policy. We shall debate stop now orders in more detail shortly, but it would be worrying for business if some trading standards departments went off like a rocket and handed out stop now orders like bus tickets while others hardly issued them at all. Bringing some consistency is therefore a sensible extra function to heap on the OFT and we hope that it will find favour with the Government.

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