Digital Markets, Competition and Consumers Bill

Debate between Nigel Evans and James Wild

2nd reading
Wednesday 17th May 2023 Commons Chamber

[James Wild (North West Norfolk) (Con)]

I am pleased to have the opportunity to talk about the Bill, which will drive innovation, growth and productivity by reforming digital market regulation, the competition regime and consumer protection.

Let me begin with the digital market elements. Technology permeates every aspect of our lives. The businesses that develop and apply new technologies—be they social media platforms, online marketplaces or innovation-driven firms—create huge benefits for consumers and make a major economic contribution. As the Chancellor frequently reminds us, the UK is the only country outside the US and China to have a tech sector with companies valued at more than £1 trillion—companies that have developed their businesses and attracted customers.

We must always be mindful that regulation and intervention in markets come at a cost. My starting point is to trust the invisible hand of the market as much as possible to drive competition, but markets require rules, and where those rules exist, they need to be enforced. We must be careful in how we approach regulation, and not penalise firms for being successful.

As has been said, digital markets have features, including the importance of data and network effects, that tend towards a few large players. It is certainly not the case, however, that having a small number of players with large market power is in itself a bad thing—it can represent the reward for innovation and investment. However, the CMA concluded in its review of online advertising that Facebook and Google’s market position meant that consumers and businesses faced increased costs, there was less innovation, and consumers had unfavourable terms imposed on them owing to competition.

The Bill will give the CMA the tools to designate firms with that strategic market status and apply conduct requirements for fair dealing, open choices and trust, which all sounds reasonable—for example, ensuring that there is a clear appeal process if a user’s marketplace access is terminated, or giving consumers choices and the ability to easily switch between services. However, it could easily become a burdensome requirement, so we must ensure that the regime is proportionate and that the cumulative impact of such requirements is regularly reviewed. Perhaps the Bill could be further improved by including something on its face to require the CMA to do so.

As a member of the Regulatory Reform Group, ably chaired by my hon. Friend the Member for Hitchin and Harpenden (Bim Afolami), I share his concern about the accountability of regulators and the systematic underperformance that we see. Given the significant power that regulators wield and the impact of their decisions on the lives of our constituents, they must be accountable for those decisions. My hon. Friend set out very clearly and powerfully the case for our first report’s recommendations to promote greater accountability, as well as introducing standardised metrics so that we can judge regulators’ performance. I hope those recommendations will be taken forward.

I will briefly focus on the consumer regulation part of the Bill. Where companies breach consumer protection rules, there should be swift and proportionate action, but currently that does not happen, as the CMA lacks the powers to rapidly act: it has to go to court when it considers there has been a breach of consumer law. Which? has pointed out that a lack of powers meant that it took nearly six years to get the online secondary ticketing market to change its practices, although as we have heard from the hon. Member for Washington and Sunderland West (Mrs Hodgson), there are still problems in that sector. That is why the new powers in the Bill are to be welcomed: there will be a direct enforcement regime, so that the CMA can investigate suspected breaches and issue enforcement notices and fines. That brings us into line with other major jurisdictions.

Others have referred to subscription services. About £30 billion is spent annually on those services, and consumer groups have identified that as another area of potential abuse. We will all have had different experiences: in some cases, it has been simple to unsubscribe from a service, and in others, it has been far more difficult—perhaps deliberately so, to make customers stick. Sky has raised concerns about the level of prescriptiveness on the face of the Bill regarding this issue, and has pointed out that in some cases, the requirements are more onerous than those that apply in regulated sectors. I hope the Minister will carefully consider those concerns, while ensuring that it is simple for customers to unsubscribe from services they no longer wish to pay for.

The final element I will focus on is that of fake reviews, and the detriment they cause to consumers and businesses. According to research by Which?, fake reviews make consumers more than twice as likely to choose poor-quality products, and people can be put off from making choices, whether about restaurants or about somewhere to stay. That is a particular issue for my constituency of North West Norfolk, which has a vibrant tourism and hospitality sector. UKHospitality welcomed the Bill’s helping to deliver fairness for hospitality venues and customers in that area, so I would be grateful if the Minister confirmed when the consultation he has referred to, which will get into the detail of how we tackle fake reviews, will be published so that we can act rapidly to close down those unfair practices.

To conclude, I support the intention of the Bill: to give the CMA powers to act rapidly against breaches of consumer law, to strengthen competition, and to crack down on abuses.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call John McDonnell.

Covid-19: Dental Services

Debate between Nigel Evans and James Wild

Thursday 14th January 2021 Commons Chamber

[James Wild (North West Norfolk) (Con)]

Access to dentists in North West Norfolk, particularly for children, was one of the issues that I raised in my maiden speech, when I reported that constituents were being advised to register in Skegness. As I said at the time, that remains good advice for pink-footed geese, but it is not very practical. Prior to covid, my constituency had the highest population per dentist across Norfolk and Waveney. West Norfolk was the second lowest area for dental activity actually delivered in the country, with only 65% of contracted activity carried out, and it had the highest percentage of patients who were unsuccessful when trying to get an NHS dental appointment. That was before covid.

During the pandemic, access to services has become even more severely limited, as the early results of a survey that I am carrying out in my constituency show. Many patients are unable to get treatment. The British Dental Association has said that 20 million appointments have been lost nationally, and access to emergency dental care has also been very challenging. I have helped constituents to access the urgent dental care that was there, but the General Dental Council reported that 50% of people did not know that it existed, which may explain why a fifth of people experienced pain or even took action into their own hands.

It is crystal clear that the level of provision in North West Norfolk is simply not good enough. This is a long-running issue. I have spoken on numerous occasions to the NHS east of England direct commissioning group, whose responsibility it is to commission those services, to underline the need for improved local access. I certainly acknowledge that there are challenges in attracting and recruiting dentists in North West Norfolk, and there have been positive developments, such as the opening of the surgery at Marham, which my constituents have been using successfully. I know that the commissioning group is actively exploring the increased use of training places to play a part in the sustainable approach to this issue, but it is of course important that the significant backlog due to covid is addressed and done so safely. Like other hon. Members, I have been contacted by dentists in my constituency, who are concerned about the activity levels that they are being asked to deliver and question whether they will be achievable. I am sure that my hon. Friend the Minister will address those concerns in her remarks.

What my constituents really want is a commitment to short, medium and long-term improvements, so they can actually see a dentist. My dentist in King’s Lynn high street closed in November, and the money for that should be used to recommission services locally. Prior to covid, the NHS planned to open another practice by the summer and to issue a procurement exercise offering in-perpetuity contracts, which should be more attractive to providers in the long term. Understandably, those plans are now on hold, which is disappointing for my constituents. They want a public commitment to address these issues, so that they know improved provision will be coming. I ask my hon. Friend the Minister to meet me to discuss these issues so that we can urgently address the provision, which is certainly inadequate for my constituents.

[Mr Deputy Speaker (Mr Nigel Evans)]

Let us see whether Scott Mann’s audio is less scary.