I am very grateful to the noble Lord for setting out these facts so clearly and succinctly. I would add that the flexibility of the ASA, which he has not mentioned, is a big advantage—the way it was able to jump in in the 1990s and take on online ads and look at those showed that. It also ensures a strong industry stake in maintaining the system, ensuring high levels of consumer trust and, of course, good enforcement, because the industry is involved in making this a success.
My Lords, the Minister has given details about what has been done. Can she tell us that they are satisfied that the ASA meets the criteria of the EU Directive 2006/114 which, as I am sure the Minister knows, requires the UK to provide,
“effective means … to combat misleading advertising”,
with recourse to the courts. Despite the eloquent responses of other noble Lords, the ASA is not a court.
Yes, my Lords, EU Directive 2006/114 concerns misleading and comparative advertising to traders in the UK, and by agreement the ASA administers the UK advertising codes. The system works well. It is a good, collaborative arrangement, with good back-up.
My Lords, in the public sector there are clear rules. Payment has to be made within 30 days, so in the BIS department, which I can speak for, 99.5% of invoices are paid within 30 days, and 80% within five days. We have been trying to move to a five-day practice across government. In addition, interest is payable on late payments and administrative costs. It would probably be difficult to confirm that every small business is always paid on time, but we do what we can, the direction of travel is clear and we are leading from the front in the public sector.
My Lords, while I welcome the actions of the noble Baroness and the Government, the mistreatment of small firms goes much wider than late payment. As an example, there is a new practice in some large firms requiring small firms to pay an upfront, flat fee to be considered for further contracts, which puts great stress on small firms. Can the Government include that in their deliberations?
My Lords, we can. The small business conciliation service is designed to help small businesses resolve business-to-business disputes while avoiding expensive legal costs. We will consult shortly on what exactly should be done to make sure that the new service has a real impact on the ground.