Digital Markets, Competition and Consumers Bill (Fourth sitting)

Debate between Seema Malhotra and Vicky Ford

Committee stage
Thursday 15th June 2023 Public Bill Committees

[Vicky Ford]

Q Christian, do you have any further—?

Christian Owens: No, not any specific details on this.

[Seema Malhotra]

Q On a slightly different area, there were some concerns raised by some Members in the debate on the Bill about the Government changing the appeals process to one based on judicial review, as opposed to a merits-based review. How important, in your view, is that, and what would you want to see if the Bill progresses through Parliament?

Kelli Fairbrother: It is absolutely critical that judicial review is the standard that is used, because I think we have seen time and time again, in markets all around the world, that when Governments act, Apple and Google do their best to try to get around the work that is being done. They lawyer up—they have millions to spend on appeals slowing things down—and there really is a sense of urgency. This is existential for a lot of small app developers, so we would really urge that the Bill passes, it is not watered down and it passes without delay and without dilution, I think we would say.

Christian Owens: I agree.

Digital Markets, Competition and Consumers Bill (Second sitting)

Debate between Seema Malhotra and Vicky Ford

Committee stage
Tuesday 13th June 2023 Public Bill Committees

[Seema Malhotra]

Q Thank you for coming to give evidence. Perhaps I could start with you, Ms Chundur, and then others may wish to come in. Do you think that this Bill will adequately address consumer detriment in digital markets? Are there areas where the legislation could go further?

Noyona Chundur: Thank you for the great question. Perhaps I can start with a little bit of context. We believe that confident consumers will drive competitive markets. There is a lot that the Bill does really well. It is great progress, and I commend the work of colleagues in the Department, as well as partners in the CMA and Tracey from Consumer Scotland for their input in getting us to this point. There are eight areas that could be strengthened or clarified. There is building consumer confidence. There is the potential risk of only the CMA having direct enforcement powers. It is around the supervision of enforceable standards, practice and conduct of businesses. It is the ability to add and remove—

[Vicky Ford (Chelmsford) (Con)]

Slow down!

Noyona Chundur: Sorry, would you like me to step through each one? Would that be easier?

[Seema Malhotra]

You are going through them quite well, but could you go you through them slightly more slowly, because colleagues will want to write them down?

Noyona Chundur: The first thing for us is building consumer confidence as a priority, because prioritising consumer protection to build the foundations that create confidence in competitive markets will benefit both the consumer and the economy. We are looking at this through the prism of the cost of living crisis and through the heightened prism of vulnerability. In the packs that we provided, you can see that vulnerability has certainly increased in the last 12 months. The Consumer Council has dealt with over 33,000 consumers, and they are showing increasingly more complex and multifaceted needs. Income in Northern Ireland has—

[Seema Malhotra]

Q Sorry: your list of eight things was quite useful, so would you be able to go through those—as you were before, but just a bit slower?

Noyona Chundur: Understood. Did I get to adding to or removing from the list of banned practices in the Consumer Protection from Unfair Trading Regulations 2008?

[Vicky Ford]

I wrote down the first one.

[Seema Malhotra]

Could you start the list again?

Noyona Chundur: Okay. Building consumer confidence is a key priority for us. The second thing is the potential risk of only the CMA having direct enforcement powers. The third is perhaps expanding the Bill in some way to include the supervision of enforceable, standards, practice and conduct. The fourth is adding to or removing from the CPR list of banned practices.

Next is establishing enforceable minimum standards to alternative dispute resolution schemes. We welcome the mandatory accreditation as part of the Bill, but we would like to take it a step further. Then there is a question around better regulation of firms that exploit behavioural bias or nudge techniques for negative effect. Finally, we recommend going further on subscription traps with opt-in clauses after the trial or end-of-contract period.

--- Later in debate ---

[Vicky Ford]

Q Can you give an example where you have seen that?

Peter Eisenegger: Yes, I can. It was a consumer-initiated standard on complaints handling. If you want the number, I can blind you with it: it was ISO 10002. It was initiated by the consumer side of ISO. It is clearly written for the big company: it has lots of good practice where you divide all the responsibilities, the analysis of the complaints and things like that. There is an annex for SMEs. I have been through the main part of the document and counted the number of requirements: there are more than 250. For the SMEs, there are eight.

Where you look at the consumer and it is your small local trader, you go, “That’s fine,” because they know you personally—you know where they live, basically, and that changes the whole local relationship. But you do not really see that many standards where the practicalities for the smaller company are reflected. I am quite pleased that the consumer world did a decent job for the SMEs there, because they are very important to us in terms of local service and providing competition to the big guys.

[Seema Malhotra]

Q I want to come back to some areas that we have picked up on in previous evidence sessions. Schedule 18 to the Bill sets out a list of commercial practices that are to be considered unfair, but a number of arguably unfair commercial practices are not included. Examples might be drip pricing or misleading green advertising, which is an increasing consumer concern. Do you consider those omissions to be something that needs more attention during the passage of the Bill so we do not miss this opportunity?

Peter Eisenegger: Do as much as you feel you can make time for, while getting the Bill implemented as quickly as possible. I come back to the key clauses that relate to the appropriateness of the information provided. Is it complete? Is it misleading? As a charity, we have looked at how heat pumps are being advertised at the moment. About 80% of the online information did not provide the right contextual information for your heat pump decision; some did not even mention it at all, and a few hid it away behind several layers of interaction with the website before you found it out. That would fall under the incompleteness clause, but again, you are going to come back. The CMA would be able to apply an interpretation, which would probably go through some sort of intense dialogue with the industry people concerned, but if you do not have time to cover all those other aspects as explicitly as you would wish in the Bill, I think there is a clause that gives the CMA some capability for addressing it.

Noyona Chundur: Maybe I can add to that. This talks to the point in the earlier session on how quickly or whether fake reviews should be automatically added to the list of bad practices, or should we go through full consultation. In all these things, we need to have appropriate consultation and the appropriate due diligence carried out. It needs to be done as quickly and thoroughly as possible so there is no doubt. I am completely supportive of what was said earlier today that there is a lot of detriment as a result of fake reviews, and the sooner that is resolved, the better. None the less, we need to be careful about setting the right precedents. We need to have consistency in procedural application. For all those things—I believe we are all in agreement that drip pricing is of huge concern, as are misleading green claims—we need to follow the right process and get through it as quickly as possible.

[Seema Malhotra]

Q In relation to support for consumer organisations, how do you think the CMA and the Government can better support consumer organisations that are supporting consumers on the frontline?

Tracey Reilly: Just a couple of quick points. There is a need to produce very clear guidance on the new plans and have very clear referral processes to the CMA for the use of those plans, so that advocacy and advice bodies have almost a direct line, if you like, into the points of contact. Essentially, it is about pathways and signposting, and ensuring that the routes from an individual consumer experiencing detriment to those who are able to take action on it are as quick and flexible as possible.

Noyona Chundur: From my perspective, I would ask for two things. The first is greater connectivity across the ecosystem. We all have a lot of data; we all have a lot of intelligence; we all have a lot of on-the-ground insights that should be shared and published in a more connected and co-ordinated way. Ultimately, that is more holistic, but it gives the level of granularity we need on a four nations basis. The other is greater focus on the broader issues of online behavioural bias and the exploitation of behavioural bias—you know, nudge techniques—to negative effect. To my mind, the Bill does not adequately cover that, so I believe this is an area of potential development.

As has been touched on already, vulnerability is not just about personal characteristics or social circumstances; the behaviour of organisations can cause harm and put you in a vulnerable position. That is a key area that we would love to see explored in more detail as the Bill passes through scrutiny.

Peter Eisenegger: In terms of support, having mentioned standards, there is a Government mechanism for providing the consumer arm of BSI with money to support its experts. Keep a careful eye on that, and work with BSI and its consumer arm to ensure that that is suitable for the level of really important issues we need to address.

There is another area of the consumer world, which is about the smaller, really voluntary charities, such as ourselves and the Child Accident Prevention Trust, which have no regular income and live hand to mouth. We have been on the brink of extinction every now and then, and although we have managed to haul ourselves back, it is a very precarious position. When we and others in a similar position contribute to this sort of arena or talk to regulators, our voice is valued and has something to offer, but we are very precarious. If Parliament looks at the people who really represent the grassroots and different perspectives and are without a regular income, and if something can be done, that would be extremely useful. Some of these voices drop out.

[Vicky Ford]

Q I want to come back to schedule 18 and ensure that I absolutely understood what Tracey said. This morning, I think Which? said that they thought fake reviews should now be put in schedule 18. I have had constituents who have suffered from fake reviews for services they have given, and the fake review has been very damaging to their business. We all know about fake reviews on books, which can be very damaging. Are you saying, Tracey, that we need to ensure we get the wording of how it goes into schedule 18 right—have the consultation and get the wording right—but let the Government introduce it through Henry VIII powers later, rather risk delaying the Bill by trying and maybe not getting the exact wording right now?

Tracey Reilly: I think that is a very difficult question. Without remotely passing the buck, I think that ultimately it is a judgment for your Committee to take as to whether it considers there is sufficient clarity in the definitions proposed during the amending stages to allow for those decisions to be made now. If the Committee is confident that there is sufficient clarity, and the soundings you are receiving from stakeholders indicate that they are content, it is a matter for the Committee to decide. Ultimately, our position is that we want to see it as soon as possible, but we also want to see it done correctly, because as we all know it is very difficult to amend primary legislation once that is in place.

Afghanistan Humanitarian Crisis: UK Response

Debate between Seema Malhotra and Vicky Ford

Wednesday 9th February 2022 Commons Chamber

[Vicky Ford]

My hon. Friend is absolutely right to say that this is an incredibly concerning humanitarian situation. We have pledged our funding, and it is going through and getting through to those we are supporting, but it is important that the rest of the world also steps up. I understand that some countries— the European Union and United States—have also made announcements such as we have since the UN launched its appeal. We are absolutely supporting that UN appeal, because the momentum needs to continue. This is a very urgent situation.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Many of my constituents have close family members in Afghanistan who worked bravely to further our shared aims in the country, including by working alongside NATO forces, in the media and on supporting women’s rights. So many who could not get out are at ongoing serious risk from the Taliban and are still in hiding. Constituents have told me recently about how family members are being hunted by the Taliban, who are going door to door. The humanitarian crisis is making things so much worse, with food prices rising and the impossibility of access to the help that is needed. With 31 March two months away, will the Minister work with colleagues across Government and across this House, and use our soft power to bring the international community together more quickly and with greater urgency, not only to tackle the humanitarian crisis but to accelerate the evacuation and resettlement of Afghans still at risk?

[Vicky Ford]

The Ministry of Defence’s ARAP scheme is still open and people can still apply, and the hon. Lady should raise individual cases with the Armed Forces Minister. We have supported some 3,400 people to leave Afghanistan since the end of Operation Pitting, including 700 British nationals and eligible dependants. We will continue to work to ensure that those who are eligible can try to depart the country safety, and that includes holding the Taliban to account for their commitment on safe passage.

Afghanistan: Humanitarian Crisis

Debate between Seema Malhotra and Vicky Ford

Wednesday 12th January 2022 Commons Chamber

[Vicky Ford]

Our Foreign Secretary, our Prime Minister, the Minister responsible and all members of the UK Government have been working with our international partners and showing international leadership on this issue. It is right that we work with the UN on it. The UN has today announced its appeal—the biggest appeal ever—and we will be making further announcements on that appeal and how we continue to work with the UN, which is the right organisation to be working with, in the coming weeks.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Frankly, what we are hearing today just is not good enough. We know that the situation is utterly dire in Afghanistan. Could I request that the Minister takes away what she has heard from both sides of the Chamber today and comes back to the House as soon as possible in the next few days with a statement about how the UK is stepping up its leadership on the humanitarian crisis and about what it will do to expedite the evacuation and resettlement of at-risk Afghans who are relatives of our constituents—I have 400 cases outstanding—to make sure there is a strong, clear message about how they could be evacuated for their safety? They are still at risk and they are now falling prey to the worsening humanitarian situation.

[Vicky Ford]

This is the most serious food crisis in the world. This is not the time for party politics. The UK has been leading the international efforts on this issue. The UN has just launched the world’s biggest-ever appeal. We have been working, with UK leadership from the beginning, on this incredibly difficult situation with our partners at the UN and at the World Bank. We are leading the pressure to unlock the money from the World Bank, which is key to this issue.

I encourage the hon. Lady to please get behind the UN and behind the UK Government’s efforts to bring the world together to help the people of Afghanistan, because that is vital for the people of Afghanistan right now.