Clause 184 - Powers when conducting an investigation
Enterprise Bill
5:30 pm

Photo of Mr Nigel Waterson

Mr Nigel Waterson (Eastbourne, Conservative)

Does my hon. Friend agree that all the problems that we are discussing would fall away if the Bill did not include criminal sanctions for the cartel offence in clause 179? None of these problems would arise were that simply a civil matter.

Mr. Field: That is of course entirely true, but sadly the votes on clause 179 have been lost so we must move ahead on the basis that there will be criminal sanctions, which have such commensurate and contingent problems.

It seems sensible to include certain safeguards in the Bill. Even if the Under-Secretary assures us that the powers currently in clause 184 will not be exercised in the draconian way that several Opposition Members have painted, I have great concerns about those powers. It would make sense to have safeguards, and those suggested in the amendments are only right and sensible, given the increasing importance of human rights legislation in the UK and from Europe.

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