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

Baroness Ritchie of Downpatrick Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is always a pleasure to follow the noble Baroness, Lady McIntosh of Pickering. I thank the Minister for his detailed explanation of this statutory instrument. I agree that this anomaly in the coronavirus legislation had to be corrected to make provision for these hearings in the CAT. I note that the 21st report of the Secondary Legislation Scrutiny Committee provided a short account of this draft statutory instrument, effectively stating that closed hearings are

“contrary to CAT’s Rules of Procedure”—

an issue that the Minister raised in his introduction.

I have several questions which focus on that issue, and one outside it. Coming from Northern Ireland, I realise that this legislation does not cover the competences of the devolved institutions. Perhaps the Minister could say what arrangements are being made for such tribunal hearings in Northern Ireland and Scotland.

Can the Minister say whether there are cases outstanding because of the need to regularise the situation, or are we approving this statutory instrument retrospectively? If cases are outstanding, how many and for how long?

If coronavirus disappears, will this legislation, which will remain on the statute book until 25 March 2022 as provided for in the sunset clause, be brought back earlier for amendment or deletion, or is there a likelihood in the “new normal”, with digitisation, of recording and broadcasting being continued?

Like the noble Baroness, Lady McIntosh of Pickering, I was wondering about capacity issues in respect of broad- casting. Will it be able to take more than 50 participants? Many competition cases have lots of people who are deeply interested in them.

How many cases were held in closed proceedings contrary to CAT rules and procedures, which require hearings to be held in public, but could not have happened in public because they did not meet the current legislative requirements until after the approval of this SI today?

I took note of what the noble Lord, Lord Thomas of Gresford, said about the economic slump that will probably result from the Covid pandemic, which could lead to many cases of unfair competition and mergers and amalgamations. Will the competition tribunal have the capacity to deal with such issues? If the Minister cannot answer my questions today, perhaps he could write to me at a later date.