Clause 11 - Super-complaints to the OFT
Enterprise Bill
9:45 am
Mr Alistair Carmichael (Orkney and Shetland, Liberal Democrat)
I echo much of what the hon. Member for Hemel Hempstead (Mr. McWalter) said. I go along with the hon. Member for Eastbourne inasmuch as he seemed to be saying that the amendments seek to strike a balance. I want to ensure that in striking such a balance, super complaints and their operation will be effective. Amendment No. 19 would emasculate the effective operation of the super complaints procedure.
Like all hon. Members I bring some baggage to the proceedings: I worked as a prosecutor in Scotland as part of the procurator fiscal service. In Scotland, when a person is remanded in custody prior to trial, proceedings must be commenced within 110 days, which means that an indictment must be served within 80 days. My remarks are in that context, in that I know from personal experience that even the preparation of a not especially complex fraud case within 80 days is exceptionally taxing and sometimes well nigh impossible. Super complaints are more complex than the average fraud. The OFT will do well to achieve a measured and considered response within 90 days, so I am not minded to support the first of the two amendments in the group.
Amendment No. 25 is a different matter. The hon. Member for Eastbourne said that he hoped that the clause would operate only in reducing the period. However, in the Bill as drafted, that is not the case. I am slightly concerned that under the clause as drafted the super complaints procedure may take off in a way that we do not envisage now. It is not unknown for
there to be questions about the resourcing of Government bodies such as the OFT and I am concerned that the operation of the clause would increase the period simply to alleviate the burden on the OFT. That would be regrettable for the reasons that the hon. Member for Eastbourne outlined; having to fund the OFT so that it could operate efficiently within 90 days would be a good compulsitor on the Government. Therefore, I could not easily allow them the flexibility proposed by subsection (4).