Consumers, Estate Agents and Redress Bill [HL]

My Lords, Amendment No. 25 relates to Clause 17 and to the actions that fall to the Secretary of State in this respect. I was grateful for the opportunity to debate this amendment in Committee. From that debate, it is clear that the intention behind the amendment is essentially the need for transparency in the Government’s dealings with the new council and the importance for the new council to maintain its independence. I confirm our wholehearted support for those intentions. As I explained in Committee, Clause 17 gives the Secretary of State the power to require the council to prepare and submit reports on any matter, permitting the Secretary of State to call on the expertise of the council to prepare and submit a report on issues that are judged important enough to the consumer interest to warrant further attention. Such a report would be for the purpose of reaching a decision on what further action, if any, was needed on the issue. We envisage that such a need could arise where the issues in question have not been identified in the council’s consultation on its forward work programme. The effect of the amendment would be to place a duty on the Secretary of State to publish all the reports submitted by the council under this clause irrespective of whether or not they are of wider interest or relevance, a point rightly made by my noble friend Lord Borrie. Having requested a report from the council, the Secretary of State would take into account any recommendations made on how best to progress the particular issue and would work closely with the council and others in coming to decisions about what would be appropriate in each circumstance. The current drafting allows for the discretion needed for that to happen. On the issue of the independence of the new council, particularly in response to my noble friend Lord Borrie, I confirm that Clause 16 enables the council to prepare and publish reports on any matter within the scope of its functions, while Clause 18(2) enables it to publish advice and information about consumer issues if it thinks publication will promote the interests of consumers. Those powers allow the council to take separate action in the interests of the consumer, or indeed in the interests of transparency, should it consider that appropriate. While I am sympathetic to the amendment, I believe we meet all the substantive points raised.