Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential merits of the use of mandatory mediation in the Competition Appeal Tribunal.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
The Government supports the use, where appropriate, of mediation as a means to resolve regulatory disputes. However, the decision on whether to use mediation, and whether it is appropriate in a particular case, is primarily a matter for the parties in any dispute.
Further, the Competition Appeal Tribunal is an independent specialist tribunal with significant expertise in the hearing and deciding of cases involving competition or economic regulatory issues. Any decisions or directions in relation to case management or party conduct are an independent judicial matter considered on a case-by-case basis.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential impact of class actions on (a) businesses and (b) consumers.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
Supporting consumers (including businesses) in accessing redress is of the utmost importance to this Government, and how consumer protection could be improved is kept under regular review.
So-called ‘class actions’ are just one avenue for consumers to seek redress and can provide a helpful avenue to do so where many individuals have claims substantially similar in nature. My department’s remit is limited to collective actions brought in relation to competition issues, where this tool can improve access to justice where bringing a claim would otherwise be impractical or unaffordable.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what discussions he has had with (a) the Competition and Market Authority and (b) other sectoral regulators on the use of mediation to resolve regulatory disputes.
Answered by Justin Madders - Parliamentary Under Secretary of State (Department for Business and Trade)
The Government supports the use, where appropriate, of mediation as a means to resolve regulatory disputes without the expense of litigation.
However, the decision on whether to use mediation, and whether it is appropriate in a particular case, is primarily a matter for the parties in any dispute.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Department for Business and Trade:
To ask the Secretary of State for Business and Trade, what discussions he has had with the Small Business Commissioner on the (a) awareness and (b) use of mediation in the small business sector.
Answered by Gareth Thomas - Parliamentary Under Secretary of State (Department for Business and Trade)
The department is working closely with The Small Business Commissioner (SBC) as we develop our proposals for the upcoming late payments consultation.
The Small Business Commissioners office continues to engage closely with businesses and stakeholders across the UK to raise awareness of the SBC service, which includes the role that the SBC can play in mediation between small businesses and their larger partners. Alongside mediation the SBC also conducts investigations into formal complaints of non-payments by large businesses and can provide additional support to small business as they try to deal with late payments.