Points of Order

Debate between Lindsay Hoyle and Stella Creasy

Monday 17th July 2023 Commons Chamber

[Mr Speaker]

You have answered it. I think all those who raised the point of order know the real answer without me going into it; I am grateful to at least two of them for giving me notice.

Although I accept that it can cause inconvenience, I can confirm that late changes to the membership of Delegated Legislation Committees can be made in the way that has been described. In any case, any Member of the House, whether nominated or not, may attend and speak at any meeting of a Delegated Legislation Committee. That may help, but the Members concerned did not need me to give the answer. They will know or can think about the reasons why they are not on the Committee. The answers to the two questions from the hon. Member for Rochford and Southend East (Sir James Duddridge) are no and no.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

On a point of order, Mr Speaker. I hope this is slightly less controversial.

[Mr Speaker]

So do I!

--- Later in debate ---

[Stella Creasy]

I feel I am letting people down when it comes to drama.

Mr Speaker, have you had any notice from the Government of any intended statements, either written or spoken, about the future of the regulation of “buy now, pay later” lenders? Some 8 million people in this country are struggling to pay a “buy now, pay later” bill because they are borrowing to fund the effects of inflation and the cost of living crisis. They have no protection from the financial ombudsman. In 2020, the Government agreed to legislate on the matter and we have been waiting since then for regulations. Yet now there are press reports—not reports to this House—suggesting that the whole thing is going to be scrapped and rethought, leaving millions of people open to harm from illegal loan sharks. What notice have you had of the matter, Mr Speaker?

[Mr Speaker]

I have not had any such indication from the Government. I am sure that the hon. Lady’s points will have been noted on the Government Benches. I hope they will be taken on board. Let us see where we go from there.

Retained EU Law (Revocation and Reform) Bill

Debate between Lindsay Hoyle and Stella Creasy

Consideration of Lords message
Monday 12th June 2023 Commons Chamber

[Stella Creasy]

Does the debate about the Bauer and Hampshire judgments not make the case that my hon. Friend is making? I hope Mr Speaker will forgive me here, but the Minister said that I was wrong and that is perhaps unparliamentary. Let me read into the record what the shadow Minister and I heard in Committee. The Minister of State, Department for Business and Trade, the hon. Member for Wealden (Ms Ghani) said:

“the Department for Work and Pensions does not intend to implement the Bauer judgment through the benefits system…The Hampshire judgment is a clear example of where an EU judgment conflicts with the United Kingdom Government’s policies. Removing the effects of the judgment will help to restore the system to the way it was intended to be.”––[Official Report, Retained EU Law (Revocation and Reform) Public Bill Committee, 22 November 2022; c. 168-69.]

If Ministers are changing their minds now about using the powers in this Bill to revoke these protections for the pensions of our constituents, it is only because they have been caught out doing it and using the powers in this Bill. Does this not make the case—

[Mr Speaker]

Order. I am not going to have this private debate carrying on. You have put it on the record and the Minister has put it on the record, but people can be accidentally wrong. I do not need a lecture on what is wrong and what is not. In the end, you have put the case, and we have a lot of people who want to speak in the debate, including yourself.

Covid-19 Update

Debate between Lindsay Hoyle and Stella Creasy

Monday 21st September 2020 Commons Chamber

[Mr Speaker]

So do I if that happens.

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

I am delighted to have just heard the Secretary of State’s previous answer, because, in a former life, he and I both served on the Public Accounts Committee, so I know that he will understand that every taxpayer living in a community facing a lockdown or unable to get a test deserves a straight answer on whether his Department has imposed a financial penalty or withheld payments for the many voided tests undertaken by Randox. Will he give an answer to that question today?

Intelligence and Security Committee Report on Russia

Debate between Lindsay Hoyle and Stella Creasy

Tuesday 5th November 2019 Commons Chamber

[Mr Speaker]

I call Stella Creasy.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Thank you, Mr Speaker—it has a nice ring to it, doesn’t it?

We all in the House will know from our email inboxes that one of the challenges facing our current politics is that people watch too much Netflix and so are convinced that there are many conspiracies. That said, given that, as ISC members have said, many foxes have been set loose—reports about Sergey Nalobin, about Dominic Cumming’s security clearance, about Alexander Temerko’s friendship with the Prime Minister, about the use of the Lycamobile offices; given that the security agencies say they are happy to see the report, which the Government have had since March, published; given the cross-party support for it to be published; and given that Earl Howe in the House of Lords yesterday said it is the Prime Minister and the Prime Minister alone who needs to publish it, does the Minister recognise that the best way to kill the conspiracy theories is to put it out in the open? Former Prime Ministers have told us that sunlight is the best disinfectant. Why has this Prime Minister closed the blinds?

Voyeurism (Offences) (No. 2) Bill

Debate between Lindsay Hoyle and Stella Creasy

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 5th September 2018 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

With this it will be convenient to discuss the following:

Amendment 1, in clause 1,  page 1, line 9, leave out

“for a purpose mentioned in subsection (3))”.

Amendment 2, page 2, line 1, leave out paragraph (c).

Amendment 3, page 2, line 6, leave out subsection (3).

As drafted the Bill potentially does not outlaw “upskirting” in certain cases such as for purely financial motives; or where the motivation is “group bonding” where the identity of the victim is irrelevant. This amendment makes all “upskirting” an offence.

Amendment 5, page 2, line 8, at end insert—

“(3A) It is an offence for a person (A) to disclose an image of another person (B) recorded during the commission of an offence under subsection (2) if the disclosure is made without B’s consent.

(3B) It is a defence for a person (A) charged with an offence under subsection (3A) to prove—

(a) that disclosure of the image was necessary for the purposes of preventing or detecting crime, or

(b) that A did not disclose the image with the intent of disclosing an image of another person’s genitals, buttocks or underwear.”

As the Bill is currently drafted it would be an offence to take an upskirting picture but not necessarily an offence for it to be distributed (existing “intimate image” legislation does not outlaw the distribution in all cases). This amendment makes it an offence to distribute non-consensual “upskirting” images.

Amendment 7, page 2, line 13, at end insert—

“(4A) Where a court is considering for the purposes of sentencing the seriousness of an offence under this section, and either or both of the facts in subsection (4B) are true, the court—

(a) must treat any fact mentioned in subsection (4B) as an aggravating factor (that is to say, a factor that increases the seriousness of an offence), and

(b) must state in open court that the offence is so aggravated.

(4B) The facts referred to in subsection (4A) are that—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim having (or being presumed to have) a particular sex characteristic, or

(b) the offence was motivated (wholly or partly) by hostility towards persons of who share a particular sex characteristic, based on them sharing that characteristic.

(4C) For the purposes of subsection (4B), “sex characteristic” means the protected characteristic of sex in section 11 of the Equality Act 2010.

(4D) The Secretary of State shall, within twelve months of Royal Assent being given to this Act, request that the Law Commission review the provisions of subsections (4A) to (4C).”

This amendment ensures that if the crime is motivated by misogyny then that will be considered by a court as an aggravating factor when considering the seriousness of the crime for the purposes of sentencing.

Amendment 4, page 2, line 27, leave out

“mentioned in section 67A(3)(a) (sexual gratification)” and insert “of obtaining sexual gratification”.

Amendment 6, page 2, line 29, leave out from “the” to end of line 40 and insert

“offender was aged 18 years or older at the time of the offence”.

This amendment makes the offence notifiable in all cases when the offence is committed by a person aged 18 or over and for sexual gratification.

[Stella Creasy]

I want to put on record my tremendous respect for the very hard work done by Gina Martin to get this legislation before Parliament and by the hon. Member for Bath (Wera Hobhouse). It is a testament to the power of a good argument whose time has come. All these women are right that we should not wait around for this legislation, but we should make sure that it works.

I also want to put on record my support for the work that the right hon. Member for Basingstoke (Mrs Miller) has done, and for her amendments and the case she is making. I will be voting for the Bill and supporting it wholeheartedly, but I will also be supporting all efforts to improve it, because I do not believe that those two things are incompatible. We should never let the perfect be the enemy of the good. We should recognise that legislation with holes in it will inevitably return to us. It is in that spirit that I have tabled my new clause and amendment, which are about the context in which this crime takes place, and I am proud to see the support for them from across the House.

Let me be very clear that treating misogyny as something we should tackle is not about flirting. It is not about banter. It is not about telling all men that they are rapists. It is not even about new crimes. We cannot apply a hate crime tariff to something that is not already a hate crime. It is about something that has become so widespread that we treat it as a fact of life—but only for 51% of our population.

Across the UK, a huge majority—85%—of young women and nearly half of all women report experiencing sexual harassment in public places. Only one in 10 of them have ever reported receiving help after such incidents. Without recognising the role of misogyny in the day-to-day experiences of women in our society, our legal and criminal justice system masks the true extent of the hostility that exists against gender. This is not about criminalising wolf-whistling or flirting. It is about recognising existing crimes that are motivated by hostility towards somebody because of their gender, as well as recognising what they are—hate crimes.

Although women have protection in their workplaces under equality legislation, as soon as they step out of the door on to our streets, they are not protected. If somebody targets people on the basis of their faith or religion, they can receive a tougher sentence for their behaviour under the Criminal Justice Act 2003. Somebody who repeatedly targets women in the same way faces no such comparable sanction.

I hope that we all agree that our young women deserve better. It is particularly our young women who are reporting this as part and parcel of everyday life. One thousand women aged 14 to 21 were asked by Plan International about their experiences in public settings, whether on transport, walking on the street, just going to school or even going to work, with 66% saying they experienced unwanted sexual attention or sexual or physical contact in a public place. Some 40% said that they experienced verbal harassment and 15% said they had been touched, groped or grabbed at least once a month.

What does that mean in practice? It means the experiences of my own constituents, whom I asked about this issue. One woman was followed down the road by a man in a car demanding that she get in. She was then told that he was pranking her when she complained and called a racist for refusing to go with him. A mother wrote to me about her young daughter. Only last week, somebody had come up to her in a tube station, put his face right up in hers and shouted, “Sexy bitch, ” very aggressively. She had been sitting on a bus as men played videos of men masturbating, showing the phones to her to make sure she had seen them. As the mother said:

“This is not about trying to chat someone up—it’s a power play, exerting control and making women feel frightened and unsafe in their own streets.”

Girls and women are nervous about retaliation and worried about what might happen if they fight back. Women say that it is not about whether they are attractive, because violence is never far behind if they reject these advances.

This is about what makes a hate crime. It is not pleasant and funny; it is a way of keeping women and girls feeling on edge all the time and unable to move freely in their own areas. As the mother said, her children walk around “heads down, headphones in”, tensely and purposely avoiding eye contact or hassle from men. That is harassment—it is legally harassment. The women have said no, yet these men still persist. All of us worry what a man who behaves like that might go on to do if his behaviour is not addressed.

It is really important for us to be very clear that we are not talking about all men. Most men in this country do not behave like that towards women, and would be horrified to see that kind of behaviour happening to their mothers, daughters, wives, sisters or friends. In proposing my amendments, I want to defend the reputation of the men of this country. This is not about their behaviour; it is about some men’s behaviour—enough men’s behaviour to make women’s lives difficult, and enough men’s behaviour to mean that women experience hatred.

--- Later in debate ---

[Stella Creasy]

I thank the Minister for listening. For the first time, we are now saying as a country that misogyny is not a part of life or something that should be tolerated but something we are going to tackle. Her commitment to the Law Commission review of all forms of hate crime, including misogyny, and the need for new and existing resources to fund it, is really welcome and a positive reflection of what this place can achieve. We have just sent a message to every young woman in this country that we are on their side. On that basis, I am very happy to withdraw the amendment. I look forward to working with the Minister and the Law Commission review in taking this forward.

Clause, by leave, withdrawn.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I remind the House that before Second Reading, as required by the Standing Order, the entire Bill was certified as relating exclusively to England and Wales and within legislative competence. The Bill has not been amended since then. Copies of the certificate are available in the Vote Office and on the parliamentary website.

Under Standing Order No. 83M, a consent motion is required for the Bill to proceed. Copies of the motion are now available Does the Minister intend to move the consent motion?

Vote 100 and International Women’s Day

Debate between Lindsay Hoyle and Stella Creasy

Thursday 8th March 2018 Commons Chamber

[Stella Creasy]

I completely agree. Let me put on record that if I were ever to face problems in my workplace, I would certainly hope that the hon. Lady would act as shop steward.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

And vice versa—[Laughter.]

GP Services

Debate between Lindsay Hoyle and Stella Creasy

Thursday 5th February 2015 Commons Chamber

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Mr Carswell, interventions are meant to be short, not speeches. I am sure you have got to the point.

[Stella Creasy]

It is unusual for me to agree with the hon. Gentleman, but I agree that we need to look at how we can attract and retain doctors. We also need to look at what these problems do to the rest of the NHS.

Let me tell the hon. Gentleman about a constituent of mine who had a problem with his eyesight that was caused by high blood pressure. Because he could not get a doctor’s appointment, he left the condition alone. He has now gone blind in one eye and his other eye is at risk. His elderly wife came to me because she did not want to bother the doctor. We have to change that culture and to consider the consequences of not using our resources to deal with those early problems. When we leave somebody like that and they end up going blind, the cost to all of us to help them is much greater than if they had been able to access a GP. We must look at the terms of the job, but also at where the resources are not going. I have been raising those questions with local health care providers.

Consumer Rights Bill

Debate between Lindsay Hoyle and Stella Creasy

Tuesday 13th May 2014 Commons Chamber

[Stella Creasy]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this it will be convenient to discuss the following:

New clause 7—Debt management plan regulation—

‘The Financial Conduct Authority shall bring forward recommendations within a year of the commencement of this Act regarding the practice of directly charging consumers fees or charges for the provision of debt management plans, including recommendations on the phasing out of such practices.’.

New clause 9—Credit broker fees—

‘(1) The Consumer Credit Act 1974 is amended as follows.

(2) In section 160A (Credit intermediaries) after subsection (4) insert—

“(4A) Persons engaged in credit intermediary activity under this section or credit broking activity under section 145 shall not charge or take any fee from a debtor in respect of these activities until such time as an introduction results in the debtor entering into a relevant agreement.”.’.

New clause 11—Practices of rent to own companies—

‘(1) This section applies to credit agreements and consumer hire agreements taken out in respect of household goods specified in rules by the Financial Conduct Authority.

(2) The rules under subsection (1) shall—

(a) include a requirement on lenders to include in pre-contractual information adequate explanations and information allowing prospective customers to compare both the cash price of goods and the total cost of the credit agreement to a representative retail price for those goods;

(b) prohibit lenders from requiring customers to take out insurance sold or brokered by the lender as a condition of obtaining credit;

(c) set out specific steps lenders must take before taking action to enforce the agreement or recover possession of goods; and

(d) set out the steps lenders should take to check that the agreement is affordable and suitable for prospective consumers.’.

New clause 23—Consumer credit: bill of sale—

‘(1) Where a person is a purchaser of goods subject to a bill of sale, made in connection with a regulated agreement under the Consumer Credit Act 1974, in good faith and without notice of the bill of sale, title to those goods shall pass to that person.

(2) A creditor is not entitled to enforce a bill of sale made in connection with a regulated agreement by recovering possession of the goods except through an order of the court.

(3) If goods are recovered by the creditor in contravention to subsection (2)—

(a) the bill of sale will be treated as invalidly made; and

(b) the debtor shall be released from any outstanding liability under the regulated agreement.

(4) If the creditor has disposed of goods taken in contravention of subsection (2) the debtor shall be compensated to the value of those goods.’.

[Stella Creasy]

The new clauses lie at the heart of consumer issues: if consumers have no money in their pockets, they will not do very much consuming. A personal debt crisis is brewing because millions of people are trying to make ends meet and pay for the debt they took on to try to make ends meet previously. Household debt is at its highest since 2009, with people owing £1.6 trillion in personal debt. Some 43% of us say that we often or sometimes struggle to make it to payday—little wonder, given the way in which the cost of living has escalated. The new clauses come into play because debt repayment is increasingly the reason that people struggle to make it to payday. They reflect an attempt not to continue the good work that has been done in this House to address the consumer credit market, but to recognise that the Government’s belated conversion to the Opposition’s approach on payday lending needs to be just the start of the conversation on how we ensure that people have the pounds in the pocket they need. This is intrinsic to our economic future, given that consumer spending has accounted for so much of the growth we are now seeing. That, in itself, is perhaps one of the problems we face.

Let me explain the new clauses I wish to speak to today, because I know that other Members want to speak to the new clauses they propose. New clause 6 concerns what Members might call my bête noir—payday lenders. There are now 8 million loans annually, which are worth £2.2 billion. Those loans come with a cost. The National Audit Office estimates that they cost consumers £450 million a year of direct consumer harm, because of the failure to regulate the payday lending industry. For several years we proposed regulation of the industry, but it will come in only next year.

One in 10 British adults are likely to take out a payday loan in the next six months. That figure is going up, not down. It is little wonder that companies such as Wonga are making £1 million a week from our constituents—a 36% increase on the previous year—even though it is writing off huge swathes of its loan book. Some 40% of those who took out a payday loan said that it made their financial position worse, but many feel that they have little alternative. Credit unions are desperately trying to fill the gap, but it is an impossible gap to fill with the current level of need. It is time for payday lenders to pay their way. New clause 6 would enable an additional levy to be made on high cost credit companies to ensure that they provide funding for the debt advice and extension of credit unions that this situation requires. In fact, we believe the pressure on debt advice agencies and, indeed, credit unions is likely to increase, not subside, in the years ahead. We therefore think it time for the payday lenders to pay for the damage they have done.

New clause 7 also speaks to the growing personal debt bubble in our society, and to the conduct of the cowboy debt management agencies. We have already talked about legal loan sharks, and now it is time to look at the cowboys, but these are not just the stuff of nightmare. These companies are profiting from the misery of our constituents, exploiting the way in which debt management is done in this country.

The Government themselves admit that in excess of 1 million consumers each year are seeking advice on how best to deal with their financial difficulties. Many of us will know from our constituency surgeries the people who come to us in desperate need, often because they are about to be evicted for falling behind with their rent. We also encounter people who are struggling financially and who need help forming a debt management plan to deal with their creditors. That is the gap that these companies have filled.

About 7% of British adults report struggling to payday due to debt management payment plans, and 6% blame their payday loan problems on debt repayments. Bank loan repayments are the cause of 13% of those who struggle to payday. People are struggling because they are trying to pay back the debts they have accrued, especially over the last couple of years. It equates to about 2.5 million people that we know of who are already in a debt management plan.

Some debt management plans are available free, and I pay tribute to organisations such as Christians Against Poverty and StepChange for the work they are doing in providing people with free debt advice. After all, it is the most perverse of experiences for people struggling with financial debt to be charged to get out of the hole they are in. That is the challenge we are facing. It was estimated in 2010 that commercial debt management companies were making about £250 million a year from over-indebted clients. As I say, that was back in 2010. The Money Advice Service now tells us that there are 9 million people in our country who are over-indebted, so these are the people for whom these sorts of services may well be apposite. The need to reform how they work therefore becomes even stronger.

Ministers admitted in 2002 in response to questioning by the BIS Committee that there was evidence of some abuse of upfront fees, so let us talk about what is meant by that. We have an example from Clear View Finance of a gentleman for whom 90% of the money he was paying to the company was being taken in a fee, so a mere 10% of the money he was paying to clear his debts was going to his creditors—little chance for him to get out of the cycle of debt he was in any time soon! Yet when the Minister admitted that there was such abuse, he said that these companies had a role to play, so there was not really any need for any further regulation of them. We disagree, and we were disappointed when the Government voted in Committee against our proposals to deal with debt management companies.

We recognise that the Financial Conduct Authority has taken over the management of these companies, and it proudly trumpets that it is going to limit to 50% the amount a company can take in fees rather than pay out to creditors. We believe that we should go much further. We do not believe that people should be charged for being in debt when they come forward for help, and we want to see the phasing out of fees for debt management altogether.

Let me provide an example of why that would make a difference. StepChange, which provides this service for free, found that a client with a typical debt of £30,000 would have to pay for a commercial product almost an extra £6,000 in fees—£6,000 over and above the loan repayments. That extended the plan by approximately 18 months in comparison with one that StepChange had put together.

Taken in concert with new clause 6, which would provide the funding to increase debt advice, we believe that we can phase out fees for debt management, and we believe that that is the right thing to do—not to charge people for getting into debt, but to help them get out of debt. As millions of Britons are already in this cycle and millions more are likely to get into it as interest rates rise and they have increasing problems with their credit card and personal debt repayments coming home to roost, the case for reforming our debt management cowboy firms grows all the stronger.

Finally, new clause 23 speaks to another legal loan sharking practice in this country, which we believe is long overdue for overhauling. Citizens Advice chief executive Gillian Guy has said:

“The logbook industry is still in the dark ages and has been getting away with lawless practices. It is absolutely absurd that a firm should be able to take away someone’s possessions without any due legal process.”

Millions of people are affected, both those who take out logbook loans and those who buy a second-hand car without knowing that there is a charge against it, only to find that the car is being repossessed and that they have no recourse to any legal practice.

--- Later in debate ---

[Stella Creasy]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker]

With this it will be convenient to discuss the following:

New clause 12—Right to full refund: ticketed events—

‘An event organiser must issue a full cash refund where their tickets are returned to them up to 24 hours before the start of the event.’.

New clause 13—Goods to be as described: meat products—

‘(1) All products containing halal and kosher meat shall be labelled as such at the point of sale by retail and food outlets.

(2) A food outlet is anywhere where food is served to the public.’.

New clause 14—Communications services: change of service provider—

‘(1) Section 3 of the Communications Act 2003 is amended as follows.

(2) At the end of subsection (2)(b) insert “with a switching process that is led by the receiving communications service provider”.’.

New clause 15—Right to corrective action—

‘(1) This section applies if either—

(a) the responsible economic actor has identified that goods supplied present a health and safety risk to the consumer; or

(b) the appropriate authority has identified that goods supplied present a risk to the public safety; and

as a result, the product is subject to corrective action by either party (a “recall action”).

(2) The consumer has the right to expect that the responsible economic actor for any goods supplied subject to a recall action must take all reasonable steps to inform all persons affected, or likely to be affected by the safety risks from the goods, within the shortest period of time practicable.

(3) The consumer, if placed at risk by goods subject to a recall action, has the right to prompt and effective action by the economic actor of that product to ensure that—

(a) the defect posing a safety risk to any persons affected or likely to be affected is eliminated;

(b) the actions required to achieve (a) do not cause significant inconvenience to the consumer; and

(c) all costs associated with the recall action are borne by the responsible economic actor.

(4) The Secretary of State will periodically gather and make publicly available information relating to safety incidents caused by recalled goods, and estimates of how many such goods still remain unaccounted for.

(5) The effectiveness of recall actions, and the procedures in place to achieve successful recalls, will be the subject of periodic review by the Secretary of State, with reference to public information on recalls in subsection (4) and any other relevant data.

(6) The Secretary of State may create or designate a body to act as a consumer product safety and recall authority.

(7) The Secretary of State may by regulations provide for the authority to—

(a) act to protect the public from identifiable and unreasonable risks of injury, death or household risk from consumer products;

(b) review products, test products, or receive or commission reports from other competent persons;

(c) direct corrective action to be taken by relevant economic actors, regulators or authorities;

(d) ensure and direct forms of consumer registration, from purchase of products, with databases which will be conducive to optimal fulfilment of (a) and (c) above;

(e) require notification by economic actors, including manufacturers, brand suppliers or traders, of significant evidence of concern in respect of the consumer safety of relevant products; and

(f) provide for accessible, intelligible information and advice to be available to consumers and relevant economic actors in respect of product safety, corrective actions and other guidances relevant to the authority’s work.

(8) For the purposes of subsections (4), (5), (6) and (7), the Secretary of State must consult with—

(a) market regulators;

(b) relevant authorities; and

(c) any other bodies he thinks appropriate.

(9) For the purposes of this section “economic actor” means—

(a) a “trader” as defined in section 2(2); or

(b) a manufacturer of “goods” as defined in section 2(8).’.

This new clause would enable new provision to be made regarding recall actions where a level of consumer safety risk has been identified. It would allow the Secretary of State to review and add to arrangements for corrective action for the protection of consumer safety.

New clause 16—Secondary ticketing platforms: product and seller information—

‘(1) The Secretary of State shall issue guidance to all traders who operate as secondary ticketing platforms on the application of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

(2) Guidance issued under section (1) shall include how secondary ticketing platforms must inform consumers of—

(a) the chosen identity of the seller;

(b) the country of residence of the seller;

(c) information provided by previous buyers on the reliability of the seller and the tickets he has sold;

(d) information on any complaints made against the seller for failing to supply tickets;

(e) information on any complaints made against the seller for supplying fraudulent or invalidated tickets; and

(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by them.

(3) Guidance issued under section (1) shall set out how information required under Part 2 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall be—

(a) accurate; and

(b) prominently displayed before a buyer is able to purchase.

(4) Guidance issued under section (1) shall set out how secondary ticketing platforms must disclose clearly if the seller of the ticket is—

(a) the secondary ticketing platform themselves;

(b) individuals employed by the secondary ticketing platform;

(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;

(d) the event organiser or an agent acting on their behalf; or

(e) any other party connected to the event organiser of the event.

(5) Guidance issued under section (1) shall set out the status of tickets as unique goods with distinct characteristics which would affect—

(a) the enjoyment of the good by the consumer;

(b) the use of the good by the consumer; or

(c) the inherent value of the good in questions.

(6) Where a ticket is sold through a secondary ticketing platform, guidance issued under section (1) shall set out how the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to tickets as unique goods, including—

(a) how sellers must provide all relevant information about the ticket including but not limited to the face value of the ticket and a designated seat or ticket number;

(b) how secondary ticketing platforms will publish all the information about a ticket provided by the seller in a prominent and clear way; and

(c) what sanctions will apply for failing to provide this information under the regulations.’.

New clause 17—Secondary ticketing platforms: fraudulent tickets—

‘(1) Where a secondary ticketing platform becomes aware that sellers using their service have acquired tickets through illegal methods, or are selling fraudulent tickets, they have a duty to report this to the relevant law enforcement agency immediately.

(2) A secondary ticketing platform must meet any lawful requests for information on sellers made by law enforcement agencies or courts.

(3) Where a law enforcement agency has notified a secondary ticketing platform that a ticket advertised through their service is, or is suspected to be, fraudulent, the secondary ticketing platform must remove that ticket and suspend the seller’s activities immediately.’.

New clause 18—Secondary ticketing platforms: seller profiles—

‘(1) Secondary ticketing platforms must provide a profile of information on sellers using their service.

(2) Profile information provided under subsection (1) must include, but is not limited to—

(a) the name of the seller;

(b) the country of residence of the seller;

(c) if the seller is a company or business, its registered number, if any;

(d) if the seller is a company or business, its registered office or address for service;

(e) a list of all current and past inventory sold or offered for sale by the seller;

(f) information on all other accounts currently or previously held with the secondary ticketing platform linked to the seller by virtue of personal, financial and contact information provided by him;

(g) information provided by previous buyers of the reliability of the seller and the tickets he has sold;

(h) information on any complaints made against the seller for failing to supply tickets, and the resolution of those complaints;

(i) the VAT registration number of the seller, if applicable; and

(j) information on any complaints made against the seller for supplying fraudulent or invalidated tickets, and the resolution of those complaints.

(3) Information provided under subsection (1) must be—

(a) accurate; and

(b) prominently displayed before a buyer is able to complete their purchase.

(4) Secondary ticketing platforms must disclose clearly and prominently where the seller of the ticket is—

(a) the secondary ticketing platform themselves;

(b) individuals employed by the secondary ticketing platform;

(c) other companies linked to employees, directors or shareholders of the secondary ticketing platform;

(d) the event organiser or an agent acting on their behalf; or

(e) any other party connected to the organisation of the event.

(5) Where a seller offers for sale more than 20 tickets to the same event, the secondary ticketing platform must take reasonable steps to verify the validity of the tickets.’.

New clause 19—Secondary ticketing platforms: ticket information—

‘(1) Where a ticket is sold through a secondary ticketing platform—

(a) the seller must provide all relevant information about the ticket; and

(b) the secondary ticketing platform must publish all the information about a ticket provided by the seller in a prominent and clear way.

(2) Information to be requested by the secondary ticketing platform and provided by the seller for the purposes of subsection (1) should include, but is not limited to—

(a) the face value of the ticket;

(b) any age or other restrictions on the user of the ticket; and

(c) the designated block, row, seat or ticket number, where applicable.

(3) Where tickets are being resold in contravention of the terms and conditions agreed to by the original purchaser, this must be stated prominently by the secondary ticketing platform at every stage of the purchasing process.

(4) Information provided by virtue of this section must be—

(a) accurate; and

(b) prominently displayed before a buyer is able to complete their purchase.’.

New clause 20—Secondary ticketing platforms: compensation—

‘(1) Secondary ticketing platforms must reimburse reasonable costs to a buyer where a ticket sold through their service is fraudulent or invalidated.

(2) For the purposes of subsection (1), reasonable costs must include, but are not limited to—

(a) the price paid for the ticket by the buyer, inclusive of all service and delivery charges;

(b) all travel expenses incurred by the buyer in travelling from their place of residence to the location of the event for which they had purchased the ticket; and

(c) any accommodation expenses incurred by the buyer for the sole purpose of attending the event for which they had purchased the ticket.

(3) For the purposes of subsection (1), reasonable costs should be defined as a total amount not exceeding twice the total purchase price of the ticket or tickets in question, including all additional fees and taxes paid.

(4) Claims made by a buyer against a secondary ticketing platform under this section must be proven by receipts or other documentary proof.

(5) The secondary ticketing platform must settle any claims under this section within 40 working days, other than where a suspected fraud or abuse related to the transaction in question is the subject of an ongoing investigation by the relevant statutory authority.

(6) Secondary ticketing platforms are permitted to take all necessary action to recover any monies paid out to consumers under this section from the seller of the ticket.’.

New clause 21—Secondary ticketing platforms: definitions—

‘(1) A “secondary ticketing platform” means a person or company operating an internet-based facility for the resale of tickets to events including in the United Kingdom, regardless of the country in which the owner of the service is registered.

(2) A “ticket” means anything which purports to be a ticket, including any item, tangible or intangible, which grants the holder entry to an event.

(3) An “event” means any sporting, music or cultural activity taking place at a specified time and place for which tickets are issued and required for entry or attendance.

(4) An “event organiser” means the person or persons responsible for organising and holding an event and receiving the revenue from the event.

(5) A “fraudulent ticket” means a forged or duplicated ticket.

(6) An “invalidated ticket” means a ticket which has been cancelled by the event organiser, or an agent acting on their behalf, after being issued.’.

New clause 22—Prohibition of fees in contracts for services: letting of residential accommodation—

‘(1) The provisions in this section apply to a contract for a trader to supply a service in connection with the letting of a residential premises.

(2) Subject to the provisions of this section, any person who demands or accepts payment of any sum of money from a person (“P”) for services in connection with a contract for the letting of residential premises shall be guilty of an offence.

(3) For the purposes of subsection (2), P is any person—

(a) who seeks to enter a contract to let residential accommodation, or

(b) who has a tenancy of, or other right or permission to occupy, residential premises.

(4) For the purposes of subsection (2)—

“letting” shall include any service provided in connection with the advertisement or marketing of residential accommodation or with the grant or renewal of a tenancy;

“services shall —

(a) include, and are not limited to—

(i) the registration of persons seeking accommodation,

(ii) the selection of prospective occupiers, and

(iii) any work associated with the production or completion of written agreements or other relevant documents.

(b) not include credit checks of person seeking accommodation.

(5) Where a person unlawfully demands or accepts payment under this section in the course of his employment, the employer or principal of that person shall also be guilty of an offence.

(6) A person shall not be guilty of an offence under this section by reason of his demanding or accepting payment of rent or a tenancy deposit within the meaning of section 212(8) of the Housing Act 2004.

(7) A person shall not be guilty of an offence under this section by reason of his demanding or accepting a holding deposit.

(8) A “holding deposit” for the purposes of subsection (7) is—

(a) a sum of money demanded of or accepted from a person, in good faith for the purpose of giving priority to that person in relation to the letting of a specific property, which is to be credited towards the tenancy deposit or rent upon the grant of the tenancy of that property, and

(b) not greater than two weeks rent for the accommodation in question.

(9) Costs incurred by persons seeking accommodation for the undertaking of credit checks shall be reimbursed upon the signing of a tenancy agreement.

(10) In this section, any reference to the grant or renewal of a tenancy shall include the grant or renewal or continuance of a lease or licence of, or other right or permission to occupy, residential premises.

(11) In this section “rent” shall include any occupation charge under a licence.’.

Amendment 6, in clause 2, page 2, line 15, at end insert—

‘(3A) The Secretary of State may by order made by statutory instrument provide that those who represent businesses with fewer than 10 employees and are purchasing goods or services for use within their commercial activities will be considered consumers.’.

Government amendments 9 to 14.

Amendment 5, in clause 48, page 30, line 3, leave out from ‘(5)’ to ‘resolution’ and insert ‘may not be made unless a draft has been laid before and approved by’.

Government amendment 15.

Amendment 20, in clause 84,  page 43, line 14, at end insert—

‘(2A) Section [Prohibition of fees in contracts for services: letting of residential accommodation] extends only to England.’.