I have been listening carefully for almost an hour to the debate, and I listened carefully to what the Minister said. We on the Opposition Benches still intend to divide the House on amendments 2 and 3. Let me explain why.
I reiterate the point that I made about the number of investigations currently under way. Ofgem is carrying out 15 formal investigations into potential malpractice by energy suppliers, and its enforcement team is informally reviewing an additional 12 cases. On that basis we consider it crucial that consumer redress orders be issued in respect of contraventions that might occur before the Bill comes into force. I reiterate that that is not retrospective legislation; it just means that consumers can get the redress they deserve.
Amendment 3 protects an important point of principle. Instead of a cap on the amount of compensation that consumers can receive, customers who have been treated poorly should be entitled to receive what they are rightly due. If the Government are convinced, as I heard the Minister say, that the level of compensation would
never reach 10% of turnover, whatever that definition of turnover might be, the amendments should not present much difficulty. They would take effect only if the harm to consumers was above the 10% threshold. If it is unlikely ever to reach that threshold, the cost of that risk would be relatively small, and if the level of damages were to exceed that level, surely the Government would want to ensure that customers who had been treated unfairly were properly protected.
Question put, That the amendment be made.