Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020

Baroness McIntosh of Pickering Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I thank my noble and learned friend for bringing this order before us this afternoon. On the point raised by the noble Lord, Lord Thomas of Gresford, I understood that agreement is to be reached on what form arbitration on competition and other matters will take after the transition period has ended. Can my noble and learned friend update the House this afternoon on where we stand on competition and other laws arising in tribunals where the case is pleading the EU law under which the competition agreement was entered into? To which chamber will the referral be made?

The next question is not dissimilar, but slightly different, to that raised by my noble friend Lady Anelay, who asked about broadcasting restrictions. We have capacity in your Lordships’ House for a maximum of 50 Members. What is the maximum in any hearing of a tribunal before the Competition Appeal Tribunal, and how many can attend remotely? There might be appeals regarding the outstanding refunds of airline passenger tickets following multiple cancellations, owing to coronavirus and passengers being unable to complete their journey. Obviously, at the moment it is very difficult for airlines to make good those refunds until we all start flying again.

Looking ahead, when does my noble and learned friend expect the Competition Appeal Tribunal to start meeting as normal? If for any reason these arrangements have to remain in place, will he return to the House to extend the life of this order? The Explanatory Memorandum refers to 10 new locations. Are they just for CATs or for all courts and tribunals? With that, and subject to what I am sure will be my noble and learned friend’s reasonable answers, I very much welcome the order before us.