Consumer Rights Bill

Baroness Heyhoe Flint Excerpts

Monday 8th December 2014 Lords Chamber

[Baroness Oppenheim-Barnes (Con)]

As these are the final moments in which to say farewell at last, the Minister might be interested to know that I received in my post today from John Lewis a piece of paper complying with the regulations in the new EU directive. She has assured us several times that they are not due to be implemented yet, but John Lewis has decided to implement them. When I questioned that decision, it answered, “Oh no, this has been law since March of this year”. At a later date when I can put this question more formally to my noble friend, she might want to enlarge on that.

[Baroness Heyhoe Flint (Con)]

My Lords, back-tracking slightly, I echo all that my noble friend Lord Moynihan has said, as well as his and our cross-party thanks to the Bill team and to my noble friends the Minister and Lady Jolly. They met the persistence from our side in the early stages with such courtesy and patience. I hope the Minister accepts that we simply are trying to protect those hard-working fans who spend their hard-earned money on watching sport or entertainment—I know that “hard-working” is very much a buzzword of the Government. That is where we are coming from and why we wish to continue to press this issue as regards the Bill. It slightly embarrasses me that the Government seem more keen to protect those operating as ticket touts—perhaps I should change that name to preserve the not-so-innocent and call them “secondary sellers”.

Surprisingly, you get more protection when buying a tin of baked beans. Heinz—or Crosse & Blackwell or whatever brand you use—manages to stick on all the necessary details of the content within, as well as the redress if you are not satisfied with what you have got. In the ticket-touting amendment, we tried to say that what is on the tin is what the consumer will get. The ticket market should be obliged to provide the same honest details on their sites—obviously, I hope that they do not have “Heinz” or “Crosse & Blackwell” in brackets. I trust that the Minister will agree with the cross-party feelings behind this Bill and with those of all the national governing sports bodies that a fair deal is given to all consumers. We are very happy to discuss the matter further.

Finally, perhaps I may add that I do not have any tickets for the Ashes series next summer.

[Lord Clement-Jones (LD)]

My Lords, inspired by my noble friends Lord Moynihan and Lady Heyhoe Flint, I thought that I, too, should get my retaliation in first before we pass the Bill. I was provoked by the noble Viscount, Lord Eccles, almost to wave my practising certificate as a legally qualified Member on these Benches, but I did not take part in assessing the virtues of Schedule 8 because I certainly agree with it as well. I agree that the Bill is in better shape now than when it entered the House, and that is a great tribute to my honourable friend Jo Swinson in the other place, as she had a strong hand in creating the Bill’s architecture. That is not to say that there were not valuable qualifications and changes made as it passed through this House. In particular, I thank the Minister and my noble friend Lady Jolly for the clarifications that they gave to the motor manufacturing industry with regard to one repair, and the clarification and the Pepper v Hart-type statements that they gave to the software industry as well. In future years those will prove extremely valuable.

Of course, there are still a number of bees buzzing in my bonnet. Lookalikes will continue to be an issue that I am sure will be raised on further occasions, and I hope that progress will continue to be made. There are a number of other areas—such as Ofcom powers, which were raised by the noble Lord, Lord Stevenson—on which I hope further progress will be made. I am somewhat concerned about some of the unintended consequences of the definition of “consumer”, which, strangely enough, we did not debate in this House but which may well crop up in the future. I, too, thank my noble friends very much for all their help. “Hard work and co-operation” were the words that were used, and I thoroughly agree with that.