Clause 8
Consumers, Estate Agents and Redress Bill
5:00 pm
Lorely Burt (Shadow Minister (Small Business), Trade & Industry; Solihull, Liberal Democrat)
Sorry for any confusion, Mr. Weir. It is a bit of a two-handed job for Liberal Democrat Members. I hope that other hon. Members will not think of an appropriate epithet for us. As long as it is not Thelma and Louise, I really do not mind.
Amendment No. 44 represents the essence of what we wish to convey. We want to replace “may” with “shall”. A great deal was made of this in another place and by my hon. Friend the Member for Richmond Park on Second Reading. I do not need to labour this as the point has been made on a number of occasions. We are not just trying to split semantic hairs here. We are concerned that these basic functions should have to be fulfilled. Saying “may” makes it optional, but saying “shall” means that it will be done.
What underlies our insistence that we should like to see this is the cost-cutting options that may be involved if we adopt “may” rather than “shall”. The body could choose to sit on its hands and do nothing and that is the last thing that we would wish to see. I am sure that the Minister would agree that we have nothing to worry about in that respect but in that case I should be grateful if he accepted that the stronger word “shall” should be adopted.
Amendments Nos. 45 and 46 insert the word “appropriate” and give leeway for common sense. Because we have moved from “may” to “shall” an adjustment is needed for reasonableness. If the Government find our drafting clumsy, we would be more than happy to accept any of their consequential amendments if they are prepared to accept amendment No. 44.