Clause 29 - Issue of standard licences
Consumer Credit Bill
5:15 pm
Mr Laurence Robertson (Shadow Minister, Economic Affairs; Tewkesbury, Conservative)
The amendment gives the Secretary of State the right, by order subject to affirmative resolution, to vary the guidance or issue further guidance to the OFT about this section. The OFT is then obliged to have due regard to that guidance.
Over recent months, I have become increasingly concerned about the OFT's considerable powers, which it does not always use in the most fair, sensible and sensitive way. About 15 or 16 months ago, an Adjournment debate in my name was held in the House of Commons on horse racing. The OFT was investigating the way in which horse racing was being operated and regulated. The industry was fearful of the outcome of that investigation. The matter was of particular concern to me as a lover of horse racing, but more relevantly, it is very important to my constituency; the Cheltenham racecourse is, some might say, the jewel in its crown. It was frustrating to discuss that issue in the House of Commons, because it became apparent that there was nothing that we could do to influence the OFT's deliberations. In fact, it refused to meet us; I realise that the Minister would have had greater access. That the OFT could act as a court, seemingly exempt from anyone's jurisdiction, was wrong. Even the Minister was unable to affect its decision. I hope that he will not mind my quoting his words at the time:
''I am sure that the hon. Member for Tewkesbury will understand that the matters being considered by the Office of Fair Trading fall within its ambit, so it would be inappropriate for me as a Minister with responsibility for competition to seek to intervene in its deliberations.''—[Official Report, 18 September 2003; Vol. 410; c. 1136.]
I understand that to an extent. However, what that means is that a Member of Parliament has no right to take a case to the OFT, regardless of its importance to their constituency. There was nowhere for me to go. That rather long preamble is the background to this amendment.
The OFT should be under parliamentary control. I do not want to see everything centralised or the Minister running the OFT on a day-to-day basis. That is not why the OFT was set up, and I would not find that desirable. However, it can be demonstrated through Parliament that there is something wrong with the way in which the OFT goes about its business. Given that the Minister generally accepts the points made—as he, and indeed the Sports Minister, did on that occasion—and that we are powerless to do anything, Ministers should have the ability to act when they consider it to be reasonable. That is the basis of amendment No. 26.