Clause 2
Consumers, Estate Agents and Redress Bill
11:15 am
Mark Prisk (Shadow Minister (Small Businesses and Enterprise), Trade & Industry; Hertford and Stortford, Conservative)
I am grateful to the Minister for outlining the character and scope of the clause. As he said, its powers and functions reflect the debate in another place, where the Government tabled some amendments that shifted important functions to the devolved territorial committees. Indeed, on Report, the noble Lord Truscott, speaking on behalf of the Government, said:
“There are very few instances where the functions of the council are not exercisable by the territorial committees”.—[Official Report, House of Lords, 30 January 2007; Vol. 689,c. 133.]
The Minister in effect confirmed that in his opening remarks.
The interesting point is that, in one sense, the argument in favour of a sectoral merger into a unified body to deal with all consumer matters has nowbeen dissipated by the establishment of territorial committees, notably in Scotland and Wales. As we have heard, many of the council’s functions and roles will not be exercised by the council per se, but by those committees. Clearly the committees will—quite understandably—develop their own views, and perhaps their own procedures and approach to issues, not least to reflect the fact that there is, for example, a different legal system in Scotland. No doubt, the territorial committees’ views, approaches and procedures will start to diverge. Does the Minister recognise that the change made to the Bill in another place is of great significance to the operation of the council? What is the Government’s view of that potential for divergence? Do the Government regard that as positive and good; do they take a neutral view; or will they be concerned if that divergence grows too far?
Does the Secretary of State for Trade and Industry intend to interact with the territorial committees, or will it ultimately be a matter for the Secretaries of State for Wales and for Scotland? What role, if any, does he envisage the devolved assemblies having in relation to the territorial committees? I recognise that there could be many positive strengths to the provision, but what is important is that the character of the Bill, since it was first published in another place, has changed in quite important respects. It would be helpful to know what the Government’s view is on that matter.