Tuesday 23rd May 2023

(1 year, 5 months ago)

Ministerial Corrections
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Digital Markets, Competition and Consumers Bill
The following is an extract from Second Reading of the Digital Markets, Competition and Consumers Bill on Wednesday 17 May 2023.
Bim Afolami Portrait Bim Afolami
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Will the Minister give way?

Paul Scully Portrait Paul Scully
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I will finish the point and then I will happily give way. Judicial review will still subject decisions to careful scrutiny. The CMA will have to justify how it arrives at its decisions, and the competition appeal tribunal will be able to quash decisions if there have been flaws in the decision making or if processes have not been adhered to. There will be a participative approach to regulating the sector, with SMS firms being consulted formally and informally to help ensure that actions are reasonable and proportionate. The CMA will also be required to publish guidance on how it will take major decisions and publicly consult before making decisions such as designating a firm with SMS, making PCI orders and imposing conduct requirements. Indeed, companies will be able to make a full merits appeal should there be a penalty. Does my hon. Friend wish to intervene?

Bim Afolami Portrait Bim Afolami
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indicated dissent.

[Official Report, 17 May 2023, Vol. 732, c. 925.]

Letter of correction from the Under-Secretary of State for Science, Innovation and Technology, the hon. Member for Sutton and Cheam (Paul Scully):

An error has been identified in the speech I gave on Second Reading of the Digital Markets, Competition and Consumers Bill.

The correct contribution should have been:

Paul Scully Portrait Paul Scully
- Hansard - - - Excerpts

I will finish the point and then I will happily give way. Judicial review will still subject decisions to careful scrutiny. The CMA will have to justify how it arrives at its decisions, and the competition appeal tribunal will be able to quash decisions if there have been flaws in the decision making or if processes have not been adhered to. There will be a participative approach to regulating the sector, with SMS firms being consulted formally and informally to help ensure that actions are reasonable and proportionate. The CMA will also be required to publish guidance on how it will take major decisions and publicly consult before making decisions such as designating a firm with SMS, making PCI orders and imposing conduct requirements. Does my hon. Friend wish to intervene?