Public Bodies Bill [HL]

Baroness Wilcox Excerpts

Tuesday 11th January 2011 Lords Chamber

[Lord Young of Norwood Green]

As a number of my noble friends have said, there are real concerns about the viability of the coalition Government’s proposals on the vital issue of consumer representation. As my noble friend Lady Hayter reminded us, Consumer Focus was created under the Consumers, Estate Agents and Redress Act 2007. It was a new organisation, carefully designed with good planning and as a result was implemented with widespread support. It has become the acknowledged champion for consumers in England, Wales and Scotland, and for postal customers in Northern Ireland.

I think my noble friend Lord Borrie talked about the enthusiasm of the chief executive of Citizens Advice for the new role, and I reflected on the comments of the chief executive of Consumer Focus, who said:

“Consumer Focus has achieved big wins for consumers in just two years—including a £70 million energy bill refund and cash ISA reforms saving over £15 million a year. We’ve delivered our biggest results in the last few months but the biggest challenges for consumers are ahead, with major reforms to the energy, post and financial services markets … What matters now, is that the transfer happens in a way that works in consumers’ interests. The expertise and knowledge that has enabled us to fight for consumers must not be lost. Changes must not be at the expense of the public’s rights and needs—which organisations like Consumer Focus were created to protect”.

That is an important and interesting comment.

There has not been much reference to the role of trading standards. The response states:

“Trading Standards is at the centre of the Government’s proposed new regime. Local challenges to fair trading will continue to be handled at local authority level, but national and regional consumer challenges will be handled by one or more dedicated, expert teams, within Trading Standards with work co-ordinated nationally for this purpose”.

Perhaps the Minister in her reply can expand on that national role of trading standards. It also states:

“In respect of Scotland and Wales, specific arrangements may need to be made”.

In the light of this debate, that is perhaps a bit of an understatement.

I am conscious of the time, so I will cut my contribution much shorter than I had intended—for which relief, much thanks; I see the Minister nodding. I cannot help remembering, given the history of inflation that we have heard tonight, negotiating a wage increase of about 23 per cent during that period in the 1970s. I was reminded of those heady days.

I shall make a couple of quick points in summation. At the moment, Consumer Focus receives approximately one-third of its funding from BIS. The remainder is gained from a mixture of licence funding paid by energy suppliers and the postal industry and funds that it may raise itself—for example, through externally funded projects. I add my voice to the cause and ask the Government whether they yet know how much it will cost to outsource those services to a local community group. What proportion of that money will come from the Government? How will the plan help to ensure that the body performing those functions is more accountable? A thread through what, as a noble Lord already said, has been an authoritative and interesting debate is that question of accountability either to the people that the body seeks to serve or to the funding providers—in the case of the Government, the funding providers being the British public. In the interests of time, I will let the Minister respond.

[Baroness Wilcox]

My Lords, this has been an amazing debate. I knew that it would take some time, but I hope that the noble Baroness, Lady Hayter, will be pleased at the amount of time and thought that has been put into some of the speeches heard here tonight—I know that I have been. It has been a real trip down memory lane too. The only person who seemed to be missing was the noble Baroness, Lady Williams, who, I believe, in those distant days gone by, set this all going in the first place. It is amazing who we have heard from: the noble Lord, Lord Maclennan, the noble Lord, Lord Whitty, the noble Lord, Lord Borrie and too many others. I shall try hard to answer some of the questions, but I hope that noble Lords will understand that, given that it is six minutes to 10, I will try not to keep you here past 11 o'clock. Settle on down then.

Consumer Focus has been placed in Schedule 1 because the Government believe that its functions will be better carried out by transferring them to the citizens’ advice service, which includes Citizens Advice and Citizens Advice Scotland. There will therefore be no need to retain Consumer Focus. The National Consumer Council, in its original incarnation, has a proud record. Over three decades, it established a fine reputation for representing the interests of consumers through careful research, robust policy development and by using its influence with policy-makers. I, of course, declare an interest as a former chairman of the National Consumer Council from 1990 to 1996. Prejudiced though I may be, I say that it was certainly right for its time.

The previous Government merged the National Consumer Council with Energywatch and Postwatch; and the new National Consumer Council, which took the name of Consumer Focus, opened its doors for business in October 2008. I recognise that barely two years have passed, but over those past two years, Consumer Focus has eagerly grasped its new range of powers and responsibilities on behalf of consumers. I pay tribute to the noble Lord, Lord Whitty, who chaired Consumer Focus with flair and commitment from the very start until stepping down rather loudly and cross only in November last year.

I will try to answer some questions as I go, which may distort the speech a bit, but will give some answers. The noble Baroness, Lady Hayter, asked whether abolition of Consumer Focus means that the Government are giving up on consumers. Not at all. The Government will continue to provide funding for these objectives, which we regard as highly important, and we see Citizens Advice as the most effective conduit to deliver the desired outcomes.

What about vulnerable consumers? Consumer Focus and its predecessors have played a very important role in this area. Citizens Advice also has substantial experience of addressing the needs of vulnerable people across a wide range of subject areas and we are confident that it will be able to deliver the outcomes with no loss in quality. While Consumer Focus currently assists around 7,000 customers directly, Citizens Advice is advising and supporting millions of individuals. Citizens Advice also has well developed policy and research functions as will be known to some noble Lords.

The noble Baroness, Lady Deech, asked whether the Government need to look at the whole landscape of consumer protection right across the economy and make it more effective for consumers. I agree. The Government’s proposal is further to improve consumer protection and advocacy in general and we believe that the shift of Consumer Focus’s role to Citizens Advice will deliver those services and protections closer to the citizen via the network of citizens advice bureaux, making it even more relevant and effective than it currently is.

The noble Lord, Lord Whitty, asked whether vulnerable consumers will be those who lose out most. The Government propose to transfer Consumer Focus’s statutory powers with regard to vulnerable consumers to Citizens Advice. Discussions about how we can achieve this appropriately are still going on with Citizens Advice and internally within BIS.

My right honourable friend the Secretary of State for Business, Innovation and Skills announced on 14 October last year that the Government would consult early this year on proposals to rationalise the functions of consumer protection bodies, eliminate confusion and duplication, strengthen local delivery and provide a stronger role for front-line consumer services. This is what we hope will be achieved.

We are taking the next, great, positive step forward in consumer advocacy, building on the strengths, the expertise and the bold initiatives that have gone before and of which we have heard so much tonight. Consumers need protection no less now than in the past. Increasingly sophisticated products and services need an increasingly clued-up consumer to take maximum advantage and avoid coming a cropper in the marketplace. We need to deliver assistance and advice to individual consumers at the point of need at a local level. At a national level, we need a body to continue with quality research which is capable of taking on the big policy issues of the day and fighting for the consumer interest with businesses, regulators and Government.

The noble Baroness, Lady Deech, says that things have never been worse. Maybe she is the consumer on the Clapham omnibus and not one of us who have been involved deeply in our parts of the consumer world and do not like to see any of the bits we were involved with go. Maybe her voice is the one we should be listening to now.

Citizens Advice is widely recognised and trusted by the public. It has a distinct advantage which we should seek to turn to our advantage. It has local representation, through the citizens advice bureaux, in communities throughout the country. It offers a presence on the high street so that people can call in to get advice and information. It can cater for those who need personal contact people who are not necessarily comfortable with a telephone or online service. It can assist vulnerable consumers face-to-face, identify problems and help with solutions. Citizens Advice has an excellent track record of advocacy on behalf of consumers at a national and local level. We therefore intend to direct almost all central government resources for non-financial consumer education, information, policy and advice to Citizens Advice.

--- Later in debate ---

[Lord Greaves]

My Lords, the Minister waxed lyrical and fluently about a vision in which services were concentrated on what she called the “high street”, directly providing services of advice and everything else for consumers. The question that comes to mind is: have the Government got any plans of what they will do if, as a result of local government cuts in the funding of citizens advice bureaux locally, there is not a comprehensive service on the high streets of this country? If there are big gaps and towns where citizens advice bureaux disappear from the high streets, is it the intention of the Government to provide extra funding directly to keep those services going? The vision that she put forward depends on a comprehensive network of Citizens Advice in every town in the country.

[Baroness Wilcox]

My Lords, late though the hour is, that is a very good question. The consultation that we will have will take on board everything that has been raised tonight and is raised by people taking part in the consultation. Obviously, if we intend doing something as changing as this, everything will be considered. It would be foolish indeed if we just allowed everything to close. We must remember that Citizens Advice back at base is where so much of the work will be done. People will be able to contact Citizens Advice online, but I agree that the high street is where Citizens Advice as majored and I am sure that we will do all we can to make sure that that visible presence does not get reduced.

It is perhaps worth saying that the consultation will happen in the spring, which of course is within the next few weeks. We propose to make any changes in the consumer landscape by April 2013, so we have plenty of time to get this right and to see exactly what is happening out there and what we are creating.

[Baroness Hayter of Kentish Town]

My Lords, I thank the speakers, who have been impressive, if not overwhelming, for me today. They include a former director-general of OFT, three—including the intervention —former chairs of the NCC and a former Minister in this area. It shows the degree of concern about how consumers within civil society can have their voices heard in decision-making, whether that be in the public sector through industry, by regulators or by elsewhere. It seems to me that this is a key area.

The original purpose of the Government was to reduce the number and cost of quangos—hence its so-called review. We hear that the consultation will be early this year or in springtime. It is at least something that that review has taken place. The House of Commons Public Administration Select Committee in its report thought that the review to date was poorly managed. I fear that even the Minister’s answers have substantiated that. I am delighted to hear her say that the Government will look at, are looking at and are giving consideration. That is great. It is just rather sad that that has happened after the decision and after this Bill is before us rather than before.

There was precious little consultation with Scotland and none with Wales, none with the wider consumer movement or representatives of users or clients, or indeed anyone else. As my noble friend Lord Whitty said, the Bill does not provide for a transfer of functions—it is an abolition. My noble friend Lord Borrie did not ask who is going to provide help on the high street, important though that is, but put the vital question of who will do the high-quality research, investigatory and advocacy work across the whole economy that is being done by Consumer Focus and the NCC before that. I do not think the Minister has answered that question.

The proposal, according to my noble friend Lord Liddle, is anti-big society, and I think that is right because the big society should be about having the consumer voice at the heart of every decision that takes place. The reasons given for other bodies in the Bill is that they are old, a bit cranky and in need of an MOT, or even removal. That is not the case with Consumer Focus because it is two years old. Nevertheless, I agree very strongly with what the noble Baroness, Lady Deech, said. If this Bill had led to rationalisation and to better protection and advice, she would be with it. At the time when I was still with the NCC and we were discussing the mergers, we would have loved to have the water watchdog, Passenger Focus and others coming in so as to provide a really strong and dynamic voice for consumers. Had this led to such a rationalisation, I would not be here arguing against it—I would be cheering it on. We need consumers across all sectors to have a stronger voice, so if the desire expressed by the noble Baroness, Lady Deech, was to be met, I too would be with it.

As the noble Lord, Lord Maclennan, said, it is not a positive proposal for change; rather it is a winding-up process. I think he also agreed with the notion of “Rationalise, yes; abolish, no”. He said he did not think that the Bill would achieve the aims of better consumer protection and certainly is not going to save public money. The noble Lord fears that this marriage will not work. I think he may be right and that it may be a marriage made in hell. He also asked whether Citizens Advice could undertake the probing, analytical work that has been done. Citizens Advice is about solving individual problems, but we need a consumer voice that goes to Government, to industry and to services.

I am delighted that the Minister said that discussions and talks are now taking place. They may be late, but better late than never. I will also be delighted if Scotland and Wales have time to consider whether there is an alternative model that suits the devolved areas better. The Select Committee also said that the Government face the much larger challenge of successfully implementing these reforms. That is right because there are still questions about funding. I was sorry to hear the Minister use words like “efficiency” and “savings” in her discussion on funding when I had rather hoped to hear about a promise and, “Yes, that is fine”. I would have liked that better. There are still questions of accountability and about whether Citizens Advice is the right organisation to do this job. There is also the question of what happens if finally it says no.

I hope that the Government will continue in their thinking and do a proper consultation, even if it is being done a bit later than perhaps it could have been. But in order to assist them, of course I beg leave to withdraw the amendment.