Clause 94 - Power to deal with urgent cases
Communications Bill
11:15 am
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
On the particular point on which the hon. Member for Ryedale's remarks were focused, any conditions attached to the direction, which require the contravening provider to pay compensation to their customers, cannot take effect until and unless the direction has been confirmed, which is set out in clause 95(6). There is, of course, an option to appeal to the Competition Appeal Tribunal.
I am resisting the amendment on the grounds that it would remove Ofcom's ability to impose conditions on a provider subject to suspension or restriction for the purpose of protecting that provider's customers, and it would significantly reduce the effectiveness of those powers both as a deterrent and in their actual use. I hope that the hon. Gentleman will not press the amendment because I was able to make the point about the conditions being attached.