Delivery Charges: Scotland

Paul Scully Excerpts

Monday 7th March 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Business, Energy and Industrial Strategy (Paul Scully)]

Thank you, Mr Deputy Speaker. I congratulate my hon. Friend the Member for Moray (Douglas Ross) on securing today’s really important debate. He is right to say that we have had a long day and we have debated some really important global events and our response to them. None the less, he is absolutely right, at this hour or any hour, to speak up for his constituents who, when they see the situation in Ukraine and Russia, and even the situation of property in London and the sanctions that we are looking at in London and elsewhere, feel distant from them. They are worried about the ongoing cost of delivery from places that they see at a distance in the UK. Those delivery companies clearly feel that Moray is distant from them, but we are one UK and we have to ensure that we are shrinking this country, because we are one community.

I congratulate my hon. Friend on his continued championing of his constituents’ cause. It clearly continues to be an important issue for his constituents, and I know that other Members have raised similar issues. I have a lot of sympathy for their concern that consumers in some parts of Scotland are charged differently from consumers in other parts of the UK. I also recognise that similar issues exist for some consumers in Northern Ireland. I am pleased to be able to take part in this debate and outline what has happened since the previous Westminster Hall debate, which was secured by my hon. Friend in December 2020.

It is not unreasonable for a business to seek to recover its costs, and the Government recognise that delivery costs can be higher when reaching some parts of the UK, but any delivery surcharges applied should be based on real costs such as the additional cost of longer transportation, and clearly not on the cost of Neymar, as my hon. Friend described. The Government strongly encourage businesses, as far as possible, to provide consumers with a range of affordable delivery options. Thanks to the Government’s universal service obligation, which is implemented by Royal Mail, retailers across the UK have access to parcel delivery at uniform rates. The Government’s aim is to secure sustainable, efficient, affordable and universal postal services, which ensures everybody, including small retailers, has access to affordable, consistently priced postal services for deliveries across the UK.

Royal Mail, through the universal service obligation, must deliver parcels weighing up to 20 kg five days a week at uniform rates throughout the UK, but, of course, the delivery operator chosen by the retailer is a commercial choice for that retailer. The Government believe that businesses should be free to choose partners and make the contractual arrangements that best fit their commercial needs. At the same time, as my hon. Friend said, consumers need transparent information on any delivery charges and restrictions so that they can choose the supplier that best meets their requirements.

Consumer protection laws require costs, including delivery charges, to be transparent. Retailers are therefore required to be up front about their charges, including on where they deliver, what they charge and when any premiums may apply. That way consumers know exactly where they stand and can decide accordingly whether to proceed with a purchase with that retailer or whether to look elsewhere.

For retailers to take advantage of the considerable opportunities of online sales, particularly given the rise of online shopping, they will need to take heed of the needs of consumers in all parts of the country by developing delivery solutions to realise the sales potential in those areas and taking advantage of the universal service obligation, where appropriate.

[David Duguid (Banff and Buchan) (Con)]

I congratulate my hon. Friend the Member for Moray (Douglas Ross), my constituency neighbour, on bringing this important issue to the House. Does the Minister agree there is an issue not just for customers who are looking for things to be delivered to their homes and businesses in the north of Scotland but for the businesses across the UK that are missing out on achieving that custom simply because they are shutting themselves to those with an IV or AB postcode?

[Paul Scully]

My hon. Friend makes a good point. Businesses need to be competitive and open but, by choosing the wrong delivery partner, they are missing out on great consumers across Great Britain and Northern Ireland. As we have heard, there are remote parts of Northern Ireland and Moray, too. It is important that we are inclusive not just to tick a box but because it is the right thing to do and the practical and economic thing to do, too.

The deliverylaw.uk website established by Highland Council trading standards provides advice on delivery charges for consumers and businesses. Any consumer who believes those rules are being breached should report it through deliverylaw.uk so that incidents are recorded and appropriate enforcement action can be taken.

Furthermore, the Competition and Markets Authority and the Advertising Standards Authority have undertaken a significant volume of enforcement work to ensure compliance with transparency on charges and restrictions. The ASA issues enforcement notices to online retailers where parcel surcharging practices are raised, and it has achieved a compliance rate of over 95%. My hon. Friend the Member for Moray described one of the 5%, where, because of the way it was phrased, the ASA let them get away with it.

The CMA continues to issue advisory notices to the major retail platforms and has published guidance to retailers that sell via these platforms. It continues to work through primary authorities to ensure improvements in this area. The Chartered Trading Standards Institute has also produced a good practice guide on delivery charges, which is available on its business companion website and sets out clearly how businesses should comply with consumer law.

On legal compliance, our enforcement partners are continuing to take action where issues of non-compliance are brought to their intention. As guidance is freely available to all businesses, large or small, through both the business companion website and deliverylaw.uk, there is no excuse for businesses not to comply with their legal responsibilities.

As we have heard, in November 2020, the postal sector regulator, Ofcom, published updated information on how the parcels market was operating, as part of its annual postal service monitoring update. Ofcom found that operators take different approaches to the pricing of parcel delivery services. Some vary their prices by location, but others do not, so businesses have options.

Of the subset of suppliers that vary their delivery prices by location, some use a binary standard charge and an out-of-area charge and some set different prices for different areas. In other cases, the prices charged for parcel delivery are bespoke. Operators may start with a standard rate but will often negotiate charges on a bespoke basis with individual retailers.

As I have outlined in previous debates on this issue, some major retailers, including Argos and Wayfair, have taken positive steps and vastly improved their delivery services by removing surcharges for most customers in the Scottish highlands and islands. The parcel delivery market is competitive and the steps taken by suppliers to remove delivery surcharges will put downward pressure on other charges from other suppliers.

Ofcom is reviewing its future regulatory framework and consulting on its proposals. The consultation was launched on 9 December 2021 and closed on 3 March. Once responses have been considered, Ofcom will issue a statement in the summer of 2022-23—so in the next financial year.

In its review, Ofcom found that the parcels market is generally working well overall and that competition is driving benefits for consumers, but the evidence suggested that some problems for consumers still need to be addressed. Those problems relate to the handling of consumer complaints and contact-handling processes, as well as the fact that disabled consumers’ needs are not being met and they are more likely to experience detriment. Ofcom is therefore consulting on its proposal to issue guidance on how complaints should be handled and to require parcel operators to have in place policies that better meet the needs of disabled customers.

Ofcom is also examining improvements in respect of the accessibility and convenience of parcel services, including the expansion of pick-up and drop-off locations and the improvement of consumer control, such as through the ability for consumers to nominate delivery windows and specify delivery preferences. On geographical variations, or surcharging, Ofcom does not propose any new regulation at this stage but will continue to engage with stakeholders and policy makers.

[Douglas Ross]

The Minister will understand how disappointing that is. Ofcom has to treat this issue seriously. He has mentioned competition a lot. It seems that these businesses, and many of the couriers, do not really care about the north of Scotland and are quite happy to leave it to other people. That is a cost issue, but a significant proportion of Scotland’s population—and part of the UK population—continues to be affected by the issue and the response from Ofcom makes it look like the couriers do not care and nor does the regulator.

--- Later in debate ---

[Paul Scully]

I appreciate and understand my hon. Friend’s view. Ofcom will continue to look at this issue and will undoubtedly continue to push on it. I assure him and other Members that the Government will continue to monitor the issue of the fairness of charges through the work of the Consumer Protection Partnership, which he mentioned. The partnership has a dedicated working group that includes consumer advocates, trading standards and Government representatives who focus on the issue. The group includes the Scottish Government, who have their own fair delivery action plan, and continues to engage with stakeholders to better understand the drivers of charging. It is also considering whether there are initiatives that could help to improve or drive down delivery costs to rural and remote communities. That work could include, for example, looking at infrastructure, but as such issues are devolved they are for the Scottish Government and the Scottish Parliament to consider.

To conclude, the legislative framework is robust and provides the appropriate protections for consumers. The Government remain committed to ensuring that the universal service obligation, including the delivery of parcels at a single charge rate throughout the UK, remains affordable and accessible to all users. My priority is the continued enforcement of the law to ensure that customers are not surprised by delivery charges and are able to make choices based on clear information. In that way, consumer decisions will apply competitive pressures that can drive down delivery charges to the benefit of all.

I am happy to meet my hon. Friend and representatives of the industries. I thank him again for his contribution to the debate and look forward to meeting him soon.

Question put and agreed to.