Clause 48 - ENTRY TO PREMISES UNDER WARRANT
Consumer Credit Bill
10:15 am
Mr Gerry Sutcliffe (Parliamentary Under-Secretary (Employment Relations, Competition and Consumers), Department of Trade and Industry; Bradford South, Labour)
The short answer is no. That is not being unreasonable because the powers are commensurate with our goals. The hon. Member for Richmond Park (Dr. Tonge) spoke earlier about prevention being a good cure—to ensure that things do not happen. When I mentioned the powers of the Enterprise and Competition Acts, I was referring to cartels. Those are the same powers that we have included in the clause. The OFT must have reasonable grounds; it must convince the legal jurisdiction that it has reasonable grounds; and it must operate—as was mentioned during the debate on an earlier clause—in a professional and reasonable manner. I reassure hon. Members that that was my thinking when I set out the written conditions and situations.
I worry about the hon. Member for Tewkesbury's concerns over the powers of the OFT, which are probably creating an imbalance in his thought patterns. I do not mean that discourteously, although it may sound that way. It is a safeguard that all reasonable steps to get to that position are being taken. Licensees who give credit to people who, in certain circumstances, would be very vulnerable must be given the proper opportunity to gain information that is required to ascertain whether those people are fit borrowers. OFT staff are also told that force can never be used against people. That should reassure hon. Members.