Groceries Code Adjudicator Bill [HL]
Debate between Viscount Eccles and Lord Howard of Rising
Lord Howard of Rising
My Lords, I speak to Amendment 11, which is grouped with Amendment 10, the sensible amendment of the noble Lord, Lord Browne. This amendment would seek the inclusion of comments made by the retailer to the adjudicator, and it seems to me only reasonable that both sides of the argument are included where a report is issued. The industry is particularly sensitive to public reputation and it would be unfair if it was not allowed to make its case at the same time as being criticised.
Viscount Eccles
My Lords, I do not wish to repeat the arguments made in Committee but I support these two amendments.
Groceries Code Adjudicator Bill [HL]
Debate between Viscount Eccles and Lord Howard of Rising
Viscount Eccles
My Lords, I will be brief with this one. This is my substitute for the words that I wish to see left out in Clause 8, which are,
“specifying—
(a) what information is to be published;
(b) how it must be published; and
(c) the time by which it must be published”.
I suggested to the Committee that that was too prescriptive, but I quite accept that retailers need to know how the publishing of what has been described as naming and shaming information will take place. It would be much more appropriately included in guidance. That is why I have suggested the addition to the subjects on which the adjudicator must publish guidance and the criteria that the adjudicator—I have to amend my amendment, because I was still fighting for the Office of Fair Trading at the time—
“intends to adopt towards the content and timing of information to be published under section 8(2)”.
I put that in because I am keen to remove as much of what might be called the prescriptive, mandatory or antagonistic features of this Bill as possible, and to try to engender as much co-operation, discussion and agreement as we possibly can.
If we are going, finally, to depart from self-regulation for other forms of regulation at the same time as I am supporting a Government who claim that they are a deregulating Government, we should try to make sure that the very sensible code of practice is applied by agreement and not coercion, if I may come back to that word. This is just another small attempt to get into the Bill words which encourage co-operation rather than depending upon coercion. I beg to move.
Lord Howard of Rising
My Lords, my amendment in this group is along the lines of my previous one, such that the adjudicator “must” publish guidance. It seems absolutely inconceivable that he is not compelled to give guidance and to publish it. Imagine him refusing to let retailers know what steps they have to take to comply with his code. Another point here is one of natural justice. The adjudicator is paid by the retailers. The least that he could do is to provide them with the information on how he is going to treat them; after all, they are footing the bill. As I have said before, his interpretation may be different on these things. However, rather than waste the Committee’s time repeating the arguments, I will leave it at that.