Draft Economic Growth (Regulatory Functions) (Amendment) Order 2024 Draft Growth Duty: Statutory Guidance Refresh

John Whittingdale Excerpts

Tuesday 23rd April 2024 General Committees

[Sir John Whittingdale]

I do not want to detain the Committee for long, but since I led for the Opposition in the debates on the Communications Act 2003, which established Ofcom, I want to draw on that experience to raise a couple of questions for the Minister. We spoke about some of the issues we are debating this morning at some length when Ofcom was set up. The Minister will be aware that Ofcom has a principal duty, which is to further the interests of citizens and consumers, where appropriate by promoting competition. I share some of the wishes, if not concerns, of the Opposition spokesman to explore a little further what happens if that primary duty of promoting competition comes into conflict with the objective of promoting growth. I can think of a few examples where that is possible.

Ofcom has a duty to examine wholesale prices in the telecoms markets, where the Minister will be aware that the biggest player argues very strongly that if it is to have the investment to roll out the broadband network, it needs to be able to raise prices to fund it, which potentially comes into conflict with the competition priority. Equally, as the hon. Member for Bethnal Green and Bow indicated, competition has been Ofcom’s driving objective in the mobile telephony market, but potentially that could come into conflict. Some may argue that allowing a small reduction in competition will promote growth.

I do not share the hon. Lady’s concern about national security, because I think that that is covered separately, by the National Security and Investment Act 2021. I hope that the Minister can confirm that that is a separate set of procedures that examines potential mergers and acquisitions to establish whether there is any risk to national security, and I hope that the draft order will not impinge on that. However, I see the possibility, at least in theory, that competition and growth might be conflicting objectives; given that competition is described as the Ofcom’s principal objective, I wonder whether the Minister could say a bit more about how Ofcom will deal with cases in which there is a potential conflict.