Clause 97 - Suspending apparatus supply for
Communications Bill
4:45 pm
Mr Andrew Robathan (Blaby, Conservative)
I am grateful to my hon. Friend the Member for South Cambridgeshire (Mr. Lansley) for raising questions about the Competition Act, but we really want the Minister to justify the clause. As we have discussed in the past, apparatus has nothing to do with the EC directive, so any mention of it seems to us to be gold plating the EC directive.
Perhaps the Minister will say yet again that the reason for this gold plating relates to current licenses to British Telecom and Kingston Communications. I would like to witness a discussion between Kingston Communications and the right hon. Member for Hull, East (Mr. Prescott) as to how they deal with these inquiries—as well, I am sure, as we do in the House.
As there is no provision in the directives to suspend apparatus supply, according to page 16 of the explanatory notes, paragraph 72 states:
''This new regulatory framework implements a significant proportion of the harmonised framework for the regulation of electronic communications networks and services established by EC Communications Directives''.
That has nothing to do with apparatus so why is it included? We have discussed this before. The Minister must put it in black and white. We should not be regulating at all in that area. Apparatus should have nothing to do with Ofcom.
What could be the consequences of this huge, extra power given to Ofcom? If Ofcom finds a supplier to be in contravention, it gives a direction. According to subsection (2):
''A direction under this section is—
(a) a direction to the contravening supplier to cease to act as a supplier of electronic communications apparatus''.
The next subsection says that this should apply:
''for an indefinite period beginning with the time at which it is notified''.
I am sure it is unintentional, but this is a draconian power. Who will be covered? A supplier is not defined. I have checked the definitions but cannot find one. Presumably Motorola and other manufacturers will be suppliers, as well as retailers such as Carphone Warehouse, Dixons, Comet, or even a little electrical supplier in Blaby or Lutterworth—such as the one as I used during the Christmas holidays—or perhaps even in East Ham. The Minister needs to expand on this and tell us exactly what is the purpose of the clause. He needs to justify it entirely to explain why Ofcom should need extra power that is totally contradictory to the Government's stated purpose of implementing EC directives.