[Part II]

Part of Enterprise Bill – in a Public Bill Committee at 8:00 pm on 23rd April 2002.

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Photo of Jonathan Djanogly Jonathan Djanogly Conservative, Huntingdon 8:00 pm, 23rd April 2002

It is clearly correct that circumstances will change and new information may come to light. As such, it is right that the Secretary of State should be able to vary disqualification orders or undertakings. Amendment No. 174 states that the OFT or a specified regulator can appear in a hearing for such a variation. That is wrong. Although I can understand that the Government want a consistent approach, it is wrong that the OFT, and certainly

wrong that a regulator, should be given such a power in the first place. The OFT will comprise a collection of economists, business men and competition experts. Why should those people be given the power to decide who should be disqualified or for how long? Those matters should be left to the courts.