UK Parliament / Open data

Enterprise Bill [HL]

Proceeding contribution from Lord Mendelsohn (Labour) in the House of Lords on Wednesday, 28 October 2015. It occurred during Debate on bills and Committee proceeding on Enterprise Bill [HL].

I thank the Minister for those comments and will just make a few points in reply. It is a limited pool, but we illustrated some of the lessons that can be drawn from the Groceries Code Adjudicator for various reasons. The situation is slightly different but, when it comes to what the consequences and fears are, the numbers are so stark that it gives us some sort of base. The important point to note is that if the Small Business Commissioner had the same uphill struggle to get anywhere near the velocity we need to

make this work, the situation would be extremely difficult. The difference between the Groceries Code Adjudicator and what we are trying to do here is that, as the adjudicator said at the London conference to try to convince suppliers, she has a legal duty to protect them. That is a very important principle, which we think should be considered. If someone with a legal duty to protect suppliers is not able to engender that sort of confidence after this long, the Government should consider that point in due course.

The Minister finished a little too quickly—I was about to whip out Mark Brennan’s article on mediation. In mediation it is absolutely essential that you do not have conditions of anonymity, largely because the process of mediation is about coming to a commercially realistic solution, in keeping with our suggestion that a degree of compromise is required. However, the small business commissioner in Australia does take anonymous complaints, in order to be able to identify potential patterns, and does have greater powers to look at such issues and learn broader lessons. That helps to inform the rest of their activities.

However, I see that we have a chink of light. I was not particularly happy, given that we have been trying all along to get the Small Business Commissioner a little more discretion and the ability to consider matters in the round, that one of the measures was described as “disproportionate”. That is not our intention—we are encouraging discretion. I hope that in due course the Government may be able to consider these matters in a fresh light. Given the Minister’s comments, I beg leave to withdraw the amendment.

About this proceeding contribution

Reference

765 cc198-9GC 

Session

2015-16

Chamber / Committee

House of Lords Grand Committee

Subjects

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