Digital Markets, Competition and Consumers Bill

Debate between John Whittingdale and Kevin Hollinrake

Consideration of Lords amendments
Tuesday 30th April 2024 Commons Chamber

[Kevin Hollinrake]

My right hon. and learned Friend will know from his legal background that the term “proportionate” is well established in law. Of course, the courts play an important part here. We do not prescribe everything in our legislation; there is quite rightly the opportunity for people to challenge certain decisions by the CMA. Clearly, we are trying to reduce the ability of large tech to prevent investment from smaller tech. That is the balance that we are striking, but we do not want to discourage investment from big tech, so the requirement for the CMA to act proportionately is reasonable.

[Sir John Whittingdale (Maldon) (Con)]

The Minister suggested that stakeholders were now satisfied with the Bill. I can tell him that there is concern about the change from “appropriate” to “proportionate.” The fear is that it will enable the courts to look more broadly, and will allow more scope for challenge than was intended when the term “appropriate” was used. Can he confirm that that is not the Government’s intention?

[Kevin Hollinrake]

It is not our intention. Our intention is to strike a balance. As I have said, the courts’ approach to proportionality was set out by the Supreme Court in Bank Mellat v. Her Majesty’s Treasury (No. 2), when the Court described the elements to be considered, including, most notably,

“whether a less intrusive measure could have been used”

and whether there is a fair balance between the intended objectives of the measure and the effects on the business that the measure applies to. That is a sensible balance to strike. Of course, some stakeholders want to go further in certain directions, while others do not want us to go as far, and we are trying to strike that balance. We welcome big tech’s investment in the UK, but we also welcome investment by challenger tech, and through this groundbreaking Bill—the only one of its kind in the world—we are striking that balance.

We have listened carefully to arguments relating to the Secretary of State’s approval of CMA guidance. Lords amendment 38, which was tabled by Lord Lansley, adds a timeline for the Secretary of State approving CMA guidance relating to the new regime. In response, we have tabled amendment (a) in lieu, which would achieve a similar effect by introducing a statutory 30-working-day timeline for the Secretary of State to approve the necessary guidance. We believe that that addresses concerns about the ability of the digital markets regime to start tackling competition problems without delay. We hope that hon. Members will support amendment (a).

On secondary ticketing, a non-Government amendment —to which the hon. Member for Richmond Park (Sarah Olney) referred—was made in the other place to the consumer part of the Bill. Amendment 104, which was tabled by Lord Moynihan, seeks to introduce additional regulatory requirements on ticket resale sites. Those requirements would cover proof of purchase, ticket limits and the visibility of certain required information, such as the face value of a ticket. Both Lord Moynihan and the hon. Member for Washington and Sunderland West (Mrs Hodgson) have spoken passionately on that topic during proceedings on the Bill. We are hugely grateful for their work highlighting the malpractice in the resale market.

To be clear, the Government are absolutely committed to protecting consumers from fraudulent activity in the secondary ticketing market. However, it is our view that protections for consumers are already provided by existing consumer law. The law imposes specific information requirements in relation to secondary ticketing that go above and beyond those in general consumer law. That includes the requirement for all resellers—be they traders or consumers—and secondary ticketing platforms to inform a buyer about the face value of a ticket and the restrictions on its use. The Government’s position is therefore that the secondary ticketing market is already suitably regulated. That said, we recognise the strength of feeling on this matter, which has been expressed by Members of the other place and in certain quarters of this House, so we commit today to undertaking a review of ticketing practices and how they impact on consumers. The review will look at both primary and secondary markets—in other words, sellers and resellers. We believe it important to consider both markets together.

Horizon: Compensation and Convictions

Debate between John Whittingdale and Kevin Hollinrake

Monday 8th January 2024 Commons Chamber

[Kevin Hollinrake]

The hon. and learned Lady is right to point out malicious prosecution, which forms part of the compensation package available to those people who have convictions. In terms of offences and things that happened that led to these issues that people are or may be guilty of, we expect the police or other enforcement agencies to look at that carefully. There is nothing to stop them bringing forward prosecutions where they can see that people would be guilty of a certain offence.

[Sir John Whittingdale (Maldon) (Con)]

While applauding the extraordinary courage and resilience of the sub-postmasters who have campaigned for justice for so long, does my hon. Friend agree that the makers of “Mr Bates vs The Post Office” and ITV represent public service broadcasting at its best and that without that we would not be having this statement?

[Kevin Hollinrake]

I thank my right hon. Friend for his question. I entirely agree; the programme brought the scandal into everybody’s living rooms, and although many people were vaguely or even very aware of it, they did not see its real effect in terms of the people it affected or the brutal way in which they were bullied and forced out of their businesses and livelihoods—and in 200 cases, I think, put in prison. The programme has done a fantastic job. We should pay tribute to ITV, its producers and the actors concerned,0 as well as to the many journalists—not least Nick Wallis, Tom Witherow and Karl Flinders—who brought these issues to light and into the public consciousness, which I am sure played a part in the producers’ decision to make the programme.

Oral Answers to Questions

Debate between John Whittingdale and Kevin Hollinrake

Thursday 23rd March 2023 Commons Chamber

[Kevin Hollinrake]

The hon. Lady is right to raise this issue. We have put in place £13.6 billion of business rates support to help businesses over the next few years, but we are also improving access to finance, improving business support through our growth hubs and cutting red tape, making it easier for businesses to start up and scale up in the UK. That work will continue.

[Sir John Whittingdale (Maldon) (Con)]

18. What steps her Department is taking to help businesses increase their level of trade in the Indo-Pacific region.