Consumers, Estate Agents and Redress Bill [HL]

I rise to speak to AmendmentNo. 15 in the name of my noble friend Lord O’Neill of Clackmannan, and to Amendments Nos. 16, 17,18 and 19 in the name of the noble Baroness, Lady Wilcox, and the noble Lord, Lord De Mauley. I am also grateful for the erudite contributions of my noble friends Lord Borrie and Lord Whitty. I shall begin with the points made by my noble friend Lord O’Neill. The Bill raises the question of consumer protection but is focused on vulnerable consumers. A new consumer protection regulation provides for co-operation between consumer protection bodies across the EU, and we are in the process of implementing it, so work is going on internationally. However, the proposed new council is a statutory body, and we must be careful not to give it statutory responsibilities that it is unable to discharge effectively, particularly in other jurisdictions. If the council tried to get its writ to run on Park Avenue in Manhattan or in the bazaars of Istanbul, it would find it difficult. However, I understand the point that the noble Lord is raising. The noble Baroness, Lady Wilcox, mentioned that the definition of ““goods”” includes, "““land or an interest in land””." Land is included as, otherwise, the meaning of ““goods”” would be moveable goods. The definition takes the ordinary meaning of goods and adds ““interest in land””. The noble Baroness, Lady Wilcox, and my noble friend Lord Whitty raised the issue of sensitive information. Clause 27 gives the Secretary of State power to make regulations prescribing exemptions, but the intention is that all information will be used reasonably and sensibly. Other amendments change the definition of ““consumer”” in Clause 2. Amendment No. 15 extends the definition of consumer to include a UK resident who purchases, uses or receives goods or services outside the United Kingdom. The definition in the Bill already includes goods or services purchased, used or received in Great Britain, irrespective of the origin of those goods or services. In the case of goods or services purchased in Great Britain, the definition covers the consumer, irrespective of where the goods or services are supplied or received. The proposed additional definition would expand the functions and duties of the council beyond the United Kingdom into areas where the council would not be able to exercise its functions effectively. I agree with the noble Baroness, Lady Oppenheim-Barnes, on that—and there is always room on our Benches if she wishes to cross the Floor. Amendment No. 16 excludes future consumers from the definition of consumer—a point raised by the noble Baroness, Lady Wilcox. The council should be able to address the position of future consumers and to research and detect trends and developments in markets in order to facilitate the empowerment of consumers. We should not restrict the scope of the new body to markets as they operate today. Amendment No. 17 includes in the definition of consumer, "““a person who purchases, uses or receives goods or services for the purpose of their own business””." This amendment is not necessary. The definition of consumer in the Bill deliberately does not exclude any class of consumer, which means that the council will be able to focus on the areas of greatest consumer detriment. Amendment No. 19 adds to the definition of ““receives”” by stating that it includes, "““purchasing of goods or services””." The definition of consumer already includes a person who purchases, uses or receives goods or services, and we do not consider that the amendment adds substance to that definition. For the reasons I have given, I must resist these amendments.