Consumers, Estate Agents and Redress Bill [HL]

moved Amendment No. 1: 1: Clause 1 , page 2, line 2, at end insert— ““(3A) The territorial committees may exercise, on behalf of the Council, the following functions— (a) in the case of the Scottish Consumer Council, the Council’s functions under sections 7 to 16, 18 and 20 to 25, so far as they are exercisable in relation to Scotland; (b) in the case of the Welsh Consumer Council, the Council’s functions under those sections, so far as they are exercisable in relation to Wales; (c) in the case of the Northern Ireland Postal Services Committee— (i) the Council’s functions under sections 7 to 11, 14 to 16, 18, 20 and 22 to 25 so far as they are exercisable in relation to Northern Ireland, and (ii) the Council’s functions under section 21 so far as they are exercisable in relation to consumer matters which relate to relevant postal services in relation to Northern Ireland. (3B) For the purpose of facilitating or improving co-ordination in relation to the carrying out of its functions, the Council may from time to time— (a) impose restrictions or conditions on the exercise by a territorial committee of a function by virtue of subsection (3A); (b) give a territorial committee general or specific directions relating to the exercise of a function by virtue of that subsection. (3C) Nothing in subsection (3A) prevents the Council from exercising any of its functions referred to in that subsection.”” The noble Lord said: My Lords, I rise to speak to the government amendments to Clauses 1 and 37. In so doing I wish to acknowledge the thoughtful and incisive contributions made in Committee by the noble Baronesses, Lady Wilcox, Lady Miller of Chilthorne Domer and Lady O’Cathain, and my noble friends Lord Williams of Elvel, Lord O’Neill of Clackmannan, Lord Borrie and Lord Whitty. I am grateful to noble Lords for the constructive way in which they have conducted all our deliberations on the Bill. We have considered carefully the points made in respect of the functions to be accorded to the Scottish Consumer Council, the Welsh Consumer Council and the Northern Ireland Postal Services Committee. The amendments to Clause 1 are designed to provide the territorial committees with the power to exercisethe key functions of the council and to enable the committees to exercise these functions within their relevant territories. In defining the functions to be given to the territorial committees under this amendment, I believe that we have gone further than some noble Lords may have envisaged in Committee where there was a focus on the core functions described in the Bill: the representative function, the research function and the information function, as provided in Clauses 7 to 9. This amendment provides these functions to the Scottish Consumer Council and the Welsh Consumer Council, and in addition provides the committees with the powers of investigation set out in Clauses 10 to 15 inclusive, the power to prepare and publish reports in Clause 16, the function of providing advice, information and guidance in Clause 18, the power to co-operate and give assistance in Clause 20, the power to undertake voluntary activities in Clause 21 and the supplementary powers set out in Clause 22. Information gathering powers in Clauses 23 to 26 are also provided to these territorial committees. The powers given to the Northern Ireland Postal Services Committee also extend to the core functions described in the Bill: the representative function, the research function and the information function as provided in Clauses 7 to 9. In addition, the committee is provided with the powers of investigation in Clauses 10 and 11, the function of referring matters to the Postal Services Commission in Clause 14, the function in Clause 15 of making investigations into public post offices, the power to make reports in Clause 16, the provision of advice, information and guidance contained in Clause 18, the power to co-operate and give assistance in Clause 20 and the supplementary powers and information functions described in Clauses 22 to 25. The committee will also be able to exercise the functions of the council under Clause 21—voluntary activities—in relation to relevant postal services in Northern Ireland. In addition, the amendments provide for the council to facilitate or improve co-ordination between the council and the Scottish and Welsh Consumer Councils and the Northern Ireland Postal Services Committee by imposing restrictions or conditions on the territorial committees’ exercise of functions and giving directions relating to the exercise of any function to the territorial committees. There are very few instances where the functions of the council are not exercisable by the territorial committees and I should like to take this opportunity to explain to your Lordships’ House why this should be. First, in Clauses 4 to 6 there is an obligation for the council to provide a statutory forward work programme and annual report. It is anticipated that the territorial committees will have a very important role in the production of both the forward work programme and the annual report, which will incorporate their proposed activities and reported activities as appropriate and as agreed with the council. Consequently the statutory requirement would remain unchanged by the amendment. Secondly, Clause 19 imposes a duty on the council to enter into co-operation agreements with designated bodies, including the Office of Fair Trading, the Financial Services Consumer Panel and the Ofcom Consumer Panel. We do not consider it necessary or desirable to replicate that requirement for each territorial committee because it would be unduly cumbersome to have a multiplicity of co-operation arrangements. Thirdly, there is a function of the council in Clause 26 to provide information where required to do so by an authorised person. I hope noble Lords will agree that it would be onerous for the person making the request to be required to make the request for information to the council and each of its territorial committees. For that reason we have not provided that function to the territorial committees. The amendments include a proposal to divide Clause 1 into two clauses for the sake of clarity, which I hope will find favour with noble Lords. Amendment No. 42 represents a consequential change to Clause 37 reflecting the proposed allocation of functions to the Northern Ireland Postal Services Committee. I beg to move.