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Oliver Heald Excerpts

Thursday 30th June 2011 Commons Chamber

[Mr Hunt]

I am afraid that the hon. Gentleman is wrong. I have often wondered why the Act specifically gives the duty of deciding an issue such as this to an elected politician when in, for example, competition law, such decisions are taken out of the hands of politicians. That is the way the law operates at the moment under that Act. Hon. Members will want to take a view as to whether that is the right way for the law to operate, and we have said that we will look at all these issues in our communications Bill.

[Oliver Heald (North East Hertfordshire) (Con)]

Does the Secretary of State agree that the procedure in the Enterprise Act puts him in the position of judge in these circumstances, and he therefore has a clear duty to be extremely measured in his remarks, to be meticulous in what he does, and to ensure that he has independent advice, including legal advice? Does he agree that that is what he has done in this case, and one of the great lessons of the whole affair is how important it is to follow such an approach?

[Mr Hunt]

I thank my hon. Friend, who understands these issues very well. There is a legitimate question as to whether it is appropriate to give elected politicians the responsibility for arbitrating on a decision for which many members of the public will inevitably question their motives. That is why I have tried to be completely transparent and have sought, published and, after careful consideration, followed independent advice at every stage. We can debate in the House whether the law is right to insist on the procedures that it does, but I know that hon. Members feel passionately that due process must be followed, and that is why I am doing that in this case.