Digital Markets, Competition and Consumers Bill

Lord Pannick Excerpts

Consideration of Commons amendments
Tuesday 14th May 2024 Lords Chamber

[Viscount Camrose (Con)]

Indeed. In principle I am very happy to update the Explanatory Notes, but I need to engage with ministerial colleagues. However, I see no reason why that would not be possible.

Meanwhile, I hope all noble Lords will feel able to support the Government’s position.

[Lord Pannick (CB)]

My Lords, before the Minister sits down, may I just press him on proportionality? I understand the argument to be that a proportionality test should be applied in this context even though it is not required in all cases by the European Convention on Human Rights. I see the Minister nodding. Will that now be the general position of the Government, because it is not the law in relation to judicial review generally that there is a proportionality test? If that is to the position of the Government, it would be a very significant development which some of us would welcome and some of us would not. I declare an interest, of course, as one of those lawyers referred to by the noble Baroness, Lady Jones, as looking to take advantage on behalf of their clients. It is a very real issue; how far does this go?

[Viscount Camrose (Con)]

It goes only so far as its application to the Bill now. I am not aware of any further measures to take it into other Bills and would not expect to see any.