Clause 48 - Conditions relating to customer interests
Communications Bill
12:15 pm
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
I do not want to debate the starred amendments, which you, rightly, have not selected, Mr. Gale, but I hope that I might use the opportunity of a clause stand part debate to draw the Minister out on a point that I am keen for him to address.
Clause 48(3)(b) on dispute procedures states that
''domestic and small business customers have the right to use those procedures free of charge''.
The universal service directive—the source of the requirement for an independent consumer dispute mechanism—states that the mechanism should be ''inexpensive''. The Government have interpreted that to mean free and have set that out in the Bill as a legal requirement, but that is not what the directive states. Although one would hope that in many cases the use of the mechanism might well be free, there is slight concern on the part of some of those who might be subjected to such complaints that there should be the ability to charge a small fee to put off vexatious complainants.
There is no attempt to push costs on to the complainant. No fee would be charged initially, especially given that the procedures are in any case subject to Ofcom's approval under clauses 48 to 51. Ofcom would have to be persuaded that a modest fee was appropriate in the event that any communications provider wanted one to be levied. As the Bill stands, there is no provision even to allow that. Will the Minister respond to that concern?