Consumers, Estate Agents and Redress Bill [HL]

My Lords, Amendment No. 14 seeks to extend the category of vulnerable consumers who can be aided by the council in the investigation of their complaints to ““otherwise disadvantaged consumers””. I am grateful to the noble Baroness, Lady Miller of Chilthorne Domer, for raising this issue. Again, I do not think that there is any real difference between us on the question of who should be aided by the council in the investigation of their complaints. I consider that it is important that those who are most in need of assistance should be able to turn to the council for support and guidance. For that reason we have deliberately not sought to categorise those who constitute vulnerable consumers in the Bill. Our understanding of what makes for vulnerability develops and changes over time and we should be careful not to preclude any particular group of consumers from the possibility of assistance now or in the future. The Bill leaves it to the council to consider who should be regarded as vulnerable. Clause 11(2) states that, "““a person is ‘vulnerable’ if the Council is satisfied that it is not reasonable to expect that person to pursue the complaint on that person’s own behalf””." The addition of the words ““otherwise disadvantaged”” does not add materially to the consideration. I hope that noble Lords will agree that this is the best way forward to meet possible future needs. Turning to the other amendments in this grouping, Amendments Nos. 15 and 16, together these have the effect of requiring the council to investigate complaints by vulnerable designated consumers and to provide advice or to make representations on behalf of the consumer. I would suggest to noble Lords that the interests of the most vulnerable consumers will be best served by permitting the council to exercise discretion as to which complaints by consumers need to be supported, and where the council sees a need to provide support, which means of support would be best in the circumstances. I believe that the council should be able to use its judgment to define the groups of consumers who need help and to develop and refine that view to meet new or emerging circumstances. The council should have the discretion to decide how best to provide support for vulnerable consumers. It is important that the council should be able to determine how and when its important functions in respect of vulnerable consumers should be exercised according to the need and best use of its resources.