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

Lord Alderdice Excerpts

Wednesday 15th July 2020 Lords Chamber

[Baroness Neville-Rolfe (Con) [V]]

My Lords, it is always a joy to follow the noble and learned Lord, Lord Hope, and today to hear of his trailblazing role, of which I was not aware, in digital transparency both in Scotland and in the Supreme Court.

This is sensible order, which I support. It was an anomaly that CAT hearings were closed to the public and this will remedy it. It is a Covid-related provision and it expires on 25 March 2022—a slightly depressing prospect that we are planning for the impact of the disease to go on that long. My noble, learned and distinguished friend is in distinguished legal company today, and I look forward to his response. I certainly support the comments made by my noble friend Lady Anelay, and in particular her perceptive advice on the management agreements with broadcasters. I know that with sport back on our screens, broadcasters are back in demand.

I take this opportunity to ask for an update on competition matters and any plans the Government have for changing the competition appeal arrangements. I know there is concern that they allow companies with deep pockets to spin cases out, but, as discussed in last year’s insightful debate on competition on 8 May, I am not convinced of the case for change, except in so far as this is needed for Brexit reasons. I have been struck by how competition is omnipresent in so much of regulatory life; now, for example, even the PRA is doing a review. With my wide experience of regulating and being regulated, Issues with tech giants are best dealt with by proper application of the merger rules and in the forthcoming online harms Bill, which I look forward to seeing. I am not convinced that any extra powers should be granted to existing regulators.

I am, however, sure that there is always room for improved efficiency in the Courts Service. I was always struck by how the—to some dreaded—European Court of Justice in Luxembourg used paper to reduce the length of expensive oral hearings. Covid-19—today’s issue—has inspired efficiency through the use of digital, document websites and video, and I am sure that some of that change can be permanent.

I appreciate that the CAT has a low throughput, but I would be interested to hear from my noble and learned friend how the backlogs elsewhere in the justice system are being dealt with and whether there are any problems in the Competition and Markets Authority.

[The Deputy Speaker (Lord Alderdice) (LD)]

The noble Baroness, Lady Kennedy of Cradley, has withdrawn, so I call the next speaker, the noble Baroness, Lady McIntosh of Pickering.