Part of Enterprise Bill – in a Public Bill Committee at 12:15 pm on 1 May 2002.
I fear that I may disappoint the hon. Gentleman, but I shall try to clarify our thinking.
The amendment would alter the test that authorities will consider when publishing information. The Bill includes a provision to ensure that confidential information is adequately protected, which has already been discussed in Committee. The amendment would replace the provision in clause 235 with the more restrictive test, as has been outlined in Committee. It would undermine the ability of the OFT, the Competition Commission and the Secretary of State to take sensible decisions on the publication of merger information.
We have proposed a test for the disclosure of information that will apply to all merger information. Clause 235 sets out a test that ensures that authorities have regard to the need to publish information to fulfil statutory functions, and to the need to exclude information that might cause significant harm. That is an appropriate test and consistent with the thinking behind the Bill. I want to avoid an alternative, higher test that would be set by the amendment.