Unsolicited Telephone Calls (Caller Line Identification)

Alun Cairns Excerpts

Wednesday 6th November 2013 Commons Chamber

[Alun Cairns (Vale of Glamorgan) (Con)]

I beg to move,

That leave be given to bring in a Bill to require disclosure of caller line identification by non-domestic callers; to require Ofcom to consider applications for exemption from such disclosure; to provide that telephone providers may not make a charge for providing caller line identification; and for connected purposes.

The aim of the Bill is to help to reduce nuisance calls. The issue is significant and should not be underestimated. My constituents in the Vale of Glamorgan and others across the country are fed up with the menace of nuisance calls. They are annoyed about receiving unsolicited telephone calls trying to sell them gas or electricity that they do not want, or financial services or holidays in which they have little interest. They do not want to claim for mis-sold payment protection insurance on a loan that they never had, nor do they want to sue the local authority for an accident that never occurred or buy a boiler from a company they have never heard of.

My constituents are subject to frequent telephone calls offering those services and more against their will. BT reported that it received 50,000 calls in one month to its nuisance call bureau, yet only a fraction of that number of complaints is made formally to Ofcom or to the Information Commissioner’s Office. I suggest that that is because of the difficulty of the process, and a large part of that is due to the problem of identifying the marketing organisation that makes the call. Enough is enough. Credit must be given to the consumer organisation, Which?, which was amongst the first to highlight the problem. The Under-Secretary of State for Culture, Media and Sport, the hon. Member for Wantage (Mr Vaizey), too, should take credit for taking significant steps to help to tackle the issue, leading to hefty fines for some companies levied by Ofcom and the Information Commissioner. More action needs to be taken, and legislation needs to be changed if that action is to occur. The Minister has made a commitment to publish a strategy document later this year, which shows the high priority that he gives to the issue.

The all-party group on nuisance calls published a report last week with 16 recommendations aimed at combating the problem. There were two key themes. The first focused on third-party consent, and my hon. Friend the Member for Edinburgh West (Mike Crockart), co-chair of the all-party group, sought to make progress on that with his private Bill last Friday. The second theme relates to caller identification, which is covered by my Bill. The measure will help people to take action against such calls. It will enable them to complain effectively when a nuisance is caused that could lead to fines and penalties, subject to Ofcom and ICO investigation. It will also allow people to choose whether or not to answer the phone. My constituents want to live in peace and answer the telephone to friends, family and others to whom they choose to talk.

Much of the difficulty derives from the fact that it is nearly impossible to tell who is calling, in spite of the fact that the caller ID facility is widely available. That is largely because marketing organisations choose to withhold their number. Legislation and guidance already exist to allow individuals to opt out of receiving marketing calls. Constituents can register with the Telephone Preference Service, effectively advising marketing companies that they are not permitted to call without prior consent. In theory, that should stop the vast majority of calls and allow complaints to be made against companies that break the code. However, it is almost impossible to complain about an organisation breaching the rules without knowing its identity. That is the position in which many constituents find themselves as a result of withheld numbers.

Under the code, the organisation should identify itself at the outset of a call. However, if a company breaks the rules by calling a TPS-registered number in the first instance they are highly unlikely to adhere to the condition that requires identification to the person answering the call, particularly if that person is irritated.

When the caller ID facility became available during the early ’90s a few organisations withheld their number. In general, that was limited to the police, medical organisations and charities such as those supporting victims of domestic violence. Now, however, a significant proportion of marketing organisations choose to withhold their number, making the choice of whether to answer the call almost impossible, but also making it extremely difficult to make a complaint to Ofcom or the ICO.

One of my constituents, Mr Haynes from Cowbridge, simply refuses to answer any call when the number is withheld in the expectation that it is a marketing call. As a result, he could well be ignoring calls from his local police station or GP practice. I have also found it difficult to contact him from the parliamentary estate, because the parliamentary system withholds the telephone number.

Requiring all non-domestic callers to display their numbers unless they have good reason not to do so, as in the examples I have already mentioned, will help people such as Mr Haynes and millions across the country to take action against those who call against the rules. In the Bill, I propose that Ofcom be required to consider applications for exemptions. The general rule should be that the organisation, whether public or private, would have to disclose their number unless there is a good reason why they should not do so. I have already mentioned the police and domestic violence charities, and there may well be others that need to be considered, but they should be seen as the exception rather than the general rule.

The Bill requires telephone network operators to make the caller ID facility available free of charge. I was alarmed to hear some weeks ago that if a customer did not sign up to an annual contract two major UK telephone network operators would charge for adding that facility. That is simply unacceptable. It effectively charges a customer who has been plagued with nuisance calls to complain about breaches to the code. When the issue was scrutinised in the all-party group’s evidence session, one operator sought to excuse the policy, and suggested that it could have arisen as a result of additional energy costs in displaying caller ID. We rejected that absolutely, and we received widespread support for doing so, including from mobile operators that provide the facility free of charge. I was pleased to hear Ofcom’s strong response, and I hope that operators will reflect on its comments, as well as those by all parties present at the all-party group.

The Bill will make a significant difference to constituents across the country. It will allow responsible organisations that adhere to the respective codes to continue their work. It will put much of the control back in the hands of the receiver of the call. They can choose whether to answer it, and report breaches to the ICO or Ofcom. Of course, it may take time for the Bill to become law, but in the interim, I urge non-domestic callers to display their number voluntarily. It would be a simple action that would gain much respect from the public. In that vein, I appeal to network operators not to charge customers to use the caller ID facility and to review their policy. The impact of not doing so would be to charge customers to make a complaint about nuisance calls. Offering the facility would offer the network operator a marketing advantage.

The Bill is a small part of helping to combat the issue of nuisance calls, and I am pleased to have the support of Members from all parts of the House, It is a Bill that has little financial consequence, but which could have a significant benefit for many of our constituents. Many of those who are at home during the day, particularly the elderly and the most vulnerable, are plagued by nuisance calls. I urge hon. Members to support the Bill.

Question put and agreed to.

Ordered,

That Alun Cairns, Mike Crockart, Steve Brine, Fiona Bruce, Dr Julian Huppert, Steve Rotheram, Bob Stewart, Sir Andrew Stunell, Martin Vickers, Mr Mike Weir and Simon Wright present the Bill.

Alun Cairns accordingly presented the Bill.

Bill read the First time; to be read a Second time on Friday 28 February 2014 and to be printed (Bill 126).