Post Office Ltd

Richard Thomson Excerpts

Monday 29th January 2024 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

Surely if ever there was a time to consider removing Mr Staunton from his post, it was after it emerged last year that bonuses were being paid to Post Office executives simply for doing what I think we would all expect them to: co-operating fully with the Horizon inquiry. I think that people will be forgiven for having the suspicion that, when it comes to Horizon, Ministers have been a bit like the Japanese moon lander, suddenly bursting to life as soon as a bit of light is shone on them, in this case by an ITV programme.

I have two questions. First, Fujitsu’s representatives told the Business and Trade Committee a fortnight ago that Fujitsu had a “moral obligation” to contribute to the financial redress for the victims. Has the Secretary of State had any discussions yet with Fujitsu about how and when that might happen, as well as about the size of the contribution that it might make? Secondly, with regard to the continued unexplained shortfalls in Horizon, will the Government commit to revealing how much in excess the Post Office claimed back from staff, resorting to forensic accountancy if required?

[Kevin Hollinrake]

The bonuses were returned voluntarily by anybody who received them for that sub-metric, and the chief executive returned his bonuses from across the entire inquiry.

On the point about the Government picking up the pace because of the ITV drama, I would say a couple of things. We were putting a number of measures in place already. We had put in place the Horizon compensation advisory board, which has Lord Arbuthnot as one of its key members. A fixed-sum award was introduced last autumn. We were looking at advice on overturning convictions. Things were happening at pace in this area prior to the dramatisation, but of course we are public servants and members of the public. Of course we want to expedite things, and the impetus behind them is at a raised level because of the public outcry.

Conversations are ongoing with Fujitsu. In my view, the best point to negotiate is when we have all the evidence at our disposal, which will not be until the inquiry concludes. We welcome the fact that the company has taken and accepted some moral responsibility to contribute towards the compensation and we will take it at its word, but negotiating at the right point is the right way to deal with that.

The question of any excess moneys that came back from postmasters effectively into Post Office accounts is an important one, which we are asking now, and we hope to get answers in the near future.

Oral Answers to Questions

Richard Thomson Excerpts

Thursday 25th January 2024 Commons Chamber

[Mr Speaker]

Do not tempt me—you are doing well! I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

I would like to give the Minister another chance, because that was pretty dismal stuff even by his standards. India has one of the poorest human rights records in the world when it comes to child labour. To give the Minister an opportunity to get us to a position where we could potentially support a deal, will he explain how Ministers and the Government are engaging with negotiators in India to tackle child labour there and to ensure that the United Kingdom does not become complicit in that exploitation?

[Greg Hands]

Of course the UK has a very proud record on labour standards and on raising these issues with counterparts at all levels. Lord Ahmad was in India just a couple of weeks ago raising specific human rights issues, including a case that the SNP has raised frequently. The Government are proud of our record on labour protections and have been clear that an FTA with India does not come at the expense of labour standards. But may I refer the hon. Gentleman back to the rhetorical question: when will the SNP ever support a trade deal with anybody?

--- Later in debate ---

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

Will the Secretary of State please confirm that this Government have no plans to alter the legislation on the marketing of infant formula and other breastmilk substitutes?

[Kevin Hollinrake]

The hon. Gentleman raises an interesting point. I am very happy to write to him about it.

Draft National Minimum Wage (Amendment) (No. 2) Regulations 2023

Richard Thomson Excerpts

Tuesday 9th January 2024 General Committees

[Richard Thomson (Gordon) (SNP)]

It is a pleasure to serve under your chairship this afternoon, Ms Harris. The instrument before us repeals a measure that allowed employers of au pairs, nannies, carers and companions an exemption from the requirement to pay the national minimum wage. It immediately begs the question of why they were allowed not to. It has also had the effect of excluding some domestic workers, particularly those from overseas, from the protections that the national minimum wage is designed to offer.

On that basis, the SNP thoroughly support this instrument. The exemption in the national minimum wage legislation always carried the risk of leaving people being exploited. As the Minister has outlined, the Low Pay Commission recommended in October 2021 that it be repealed following the decision of an earlier employment tribunal. In our view, making this amendment is absolutely the right thing to do. Fundamentally, paying people a fair day’s wage for a fair day’s work is a cornerstone of a fair society. This instrument sets a clear requirement and expectation of what has to be done. That is very much to be welcomed.

As the shadow Minister and the right hon. Member for North West Cambridgeshire have said, many of the workers affected by this instrument are likely to be in quite vulnerable, potentially precarious situations. They may not know about what we are discussing today and the effects it has. They may not know how to assert their rights in future once it is passed. They are therefore at risk of continued exploitation. I welcome the assurances given by the Minister about how that issue can kept in mind and monitored, but I find much merit in what the shadow Minister has called for: a public information campaign so that as many people as possible can know about what is happening today, whether it is their own rights or the rights of others, and so that employers know what their responsibilities are to their workers who are affected. With that in mind, we are very happy to support the measure.

Oral Answers to Questions

Richard Thomson Excerpts

Thursday 30th November 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokes- person.

[Richard Thomson (Gordon) (SNP)]

How strange the change from minor to major in that response. Financial transparency and accountability are essential components of economic stability. For three years now, the Government have been promising legislation and improved checks on company finances, but they have repeatedly failed to deliver. How can the Minister justify leaving the audit and governance Bill out of the King’s Speech, when it is supported by businesses, regulators and auditors alike?

[Kevin Hollinrake]

We work very closely with the Financial Reporting Council. No one can deny that the FRC has changed its approach completely and is now a much more effective regulator. Sir Jon Thompson did a fantastic job when he was there, and the current chief executive, Richard Moriarty, and chair, Jan du Plessis, are following his work. We are confident that the FRC can make sure that the UK’s corporate regime works effectively, without tying businesses up in red tape.

--- Later in debate ---

[Kemi Badenoch]

We are ready to have a free trade agreement with the US, but it is not undertaking free trade agreements with any country. That is, of course, disappointing, but it knows that we stand ready. That is why we have the state MOU programme. The latest figures show that UK-US trade has reached £310 billion. We are the biggest investor in Florida. I was pleased to meet Governor DeSantis earlier this month, and I also met the California Governor, Gavin Newsom, who wanted to be even faster in signing an MOU with the UK. They believe that this country has a lot of opportunity, and they want to do business with us.

[Richard Thomson (Gordon) (SNP)]

Import tariffs on egg products allow us to recognise the higher cost of UK egg production because of safety, welfare and environmental considerations. Can the Secretary of State give an assurance that eggs and egg products will be afforded sensitive product status by the UK in future free trade agreement negotiations, and that import tariffs will remain in place on those products?

[The Minister of State, Department for Business and Trade (Greg Hands)]

It is difficult to comment on tariffs in live negotiations, but I would say two things to the hon. Gentleman: first, this country imports very few eggs from abroad, and secondly, anything that happens with imported eggs would not change our standards on food imports, food safety and animal welfare in this country.

Draft United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023

Richard Thomson Excerpts

Wednesday 25th October 2023 General Committees

[Richard Thomson (Gordon) (SNP)]

It is a pleasure to serve under your chairship, Ms Elliott. As the Minister said, my party did not support the United Kingdom Internal Market Act. The powers that ought to have gone to devolved Governments in the aftermath of Brexit —which, again, we did not support—seem to have found themselves stuck in Westminster, largely due to the Act. Many of our fears have been borne out in the way that the Act has operated, particularly with regard to how the UK Government have used it to interfere utterly unjustifiably in things such as a simple deposit return scheme. That is not how we would wish an internal market to work, and the Act has not helped in that respect.

The lack of legislative consent motions is largely academic. I say that for two main reasons. First, the UK Government have shown over the last few years—this one have, anyway—that even if they do not have a legislative consent motion, they will just go ahead anyway. Secondly, in this case, as the Minister said, there has been constructive engagement with the devolved Administrations, even if some issues remain. Nevertheless, I welcome the fact that there has been constructive engagement.

I draw Members’ attention in particular to two areas—heat regulation and the exclusion of the education sector, particularly qualifications-awarding services—where the UK Government have recognised that there are sound policy objectives for having different regulatory approaches in different parts of the UK. I very much welcome that. Of course, it is well known and well understood that Scotland and the rest of the UK have different education and qualification systems, and—if I may be so bold as to say so, Ms Elliott—long may that remain so. Next time the Minister has the ear of the Prime Minister, who has been talking enthusiastically about his British baccalaureate, which he wishes to replace A-levels, he might wish to try to prevail on the Prime Minister to refer to it as what it is: an English baccalaureate. We will be keeping our system in Scotland, so long as the internal market Act does not get in the way of that.

Oral Answers to Questions

Richard Thomson Excerpts

Thursday 14th September 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Richard Thomson (Gordon) (SNP)]

As if the future stoking of inflation through extra Brexit red tape was not bad enough, businesses are already having to cope with uncertainty, the lack of a level playing field and the threat to our own food safety and security through the failure to introduce checks of our own. Given that Ministers were saying as recently as April that those checks will begin on 31 March, can the Minister explain how businesses are expected to get to grips with all this turmoil in Government policy given their tendency to keep kicking the can down the road over border checks?

[Ms Ghani]

Food inflation is a global issue: it is not a problem just here in the UK. Many factors influence food prices globally, notably energy costs. Global wholesale food prices have been falling since March and sometimes that can take time to reach consumers. In July, UK food inflation was just over 14%, down from 17%. The hon. Gentleman did not specify which issue he was touching on, but if it was to do with sanitary and phytosanitary controls for goods from the EU, that will be introduced and in place by 31 January 2024.

[Richard Thomson]

The Government could stop making existing global problems even worse when they apply to the UK—I was following up on the question from my hon. Friend the Member for Glasgow North (Patrick Grady) about the cost of checks on imported food—but the only thing worse than bad border checks is no border checks at all. We are no longer imposing SPS checks on food coming in from the EU. Is the Minister proud that, under the guise of taking back control, she is part of a Government who have given away control instead?

[Ms Ghani]

I referenced in my previous response the SPS controls; they were not in place when we were in the EU so I am not sure exactly what the hon. Gentleman’s anxiety is.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Richard Thomson Excerpts

Tuesday 18th July 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

It feels unnecessary to repeat this, but this Government seem willing to sign up to any trade deals. My party is in favour of good ones, and we are against poor ones, and that is why we oppose this deal. [Interruption.] The concerns that we have, despite the heckling from those on the Government Benches, about the lack of mechanisms to safeguard workers’ rights and about the potential impacts on domestic standards, particularly in the agrifoods sectors, do not go away with blustery repetition and flat contradiction, which seems to be the stock-in-trade in all that Government Front Benchers have to say about this deal.

The Secretary of State gets aerated whenever it is pointed out that the Government’s own figures show that GDP is estimated to increase by only 0.08% over the next 10 years as a result of the deal, at the same time as the Office for Budget Responsibility forecasts a 4% hit to GDP through Brexit. Ministers have had an awful long time to find out what the figure actually is, if they do not believe that 0.08% figure. Without reference to vague opportunities, the number of middle-class consumers in the Pacific rim or the GDP of countries in the CPTPP, and without deviation, repetition or hesitation, what exactly will the impact be on UK GDP as a result of this deal?

[Nigel Huddleston]

Again, I am disappointed to see the hon. Gentleman talk negatively about a deal that will benefit Scotland as well as all other parts of the United Kingdom. It will add significant amounts. We estimate that in the long run, at least £2 billion a year will be added to the UK economy, including in his constituency. Perhaps he would like to welcome that, rather than be negative about it. Also, this is a growing area of the world. There are likely to be new members, so we anticipate considerable opportunities going forward. In Scotland, 547 businesses are already owned by CPTPP countries, employing more than 20,000 people in Scotland. Perhaps he would like to welcome that.

Digital Markets, Competition and Consumers Bill (Thirteenth sitting)

Richard Thomson Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[Kevin Hollinrake]

I think the hon. Lady raised two points. The provisions apply specifically to traders to consumers, not traders to businesses. On how we determine the exemptions, such as for magazines, delivery services, gyms, software and so on, a range of stakeholders, including regulators, businesses and consumer groups, developed the list and the scope of sectors that are exempt from the subscription measures.[Official Report, 20 July 2023, Vol. 736, c. 13MC.]

Question put and agreed to.

Clause 245 accordingly ordered to stand part of the Bill.

Clause 246 and 247 ordered to stand part of the Bill.

Schedule 19

Excluded contracts

[Richard Thomson (Gordon) (SNP)]

I beg to move amendment 117, in schedule 19, page 349, line 39, at end insert—

“Non-commercial society lotteries

13 (1) A contract under which a lottery ticket or tickets are purchased for one or more non-commercial society lotteries.

(2) In sub-paragraph (1), “non-commercial society” has the meaning given by section 19 of the Gambling Act 2005, and “lottery ticket” has the meaning given by section 253 of that Act.”

This amendment seeks to exclude lottery tickets purchased for non-commercial society lotteries from the scope of the provisions on subscription contracts.

It is a pleasure to serve under your chairmanship, Dame Maria.

A few moments ago, I was encouraged to hear the Minister express a desire not to trespass on any of the specialist regulators, and I am delighted to say that that is exactly what the amendment is intended to achieve. I hope we can all agree that charity lotteries do an awful lot of good. They raise an awful lot of money, and they are fun. They are also already heavily regulated by the Gambling Commission. If the Gambling Commission does not fall under the category of specialist regulator, I am not entirely sure what does.

I raised this issue on Second Reading, but I was beaten to the punch by the right hon. Member for Calder Valley (Craig Whittaker), who said that subscription-based charity lotteries

“are already heavily regulated by the Gambling Commission”.—[Official Report, 17 May 2023; Vol. 732, c. 882.]

He wanted to see whether such lotteries could be removed from schedule 19, and the Minister committed to looking at the matter in detail. I do not know what the result of the Minister’s deliberations has been. I know that by the time the Under-Secretary of State for Science, Innovation and Technology was on his feet to sum up he was certain that it would fall outside the scope of the Bill. Despite his best efforts on that occasion, I have to say that some of the representatives of the charity lottery sector I have spoken to are not reassured.

There remains an uncertainty. For all the best intentions of Ministers, and whatever ends up in Hansard as a result of our discussions on Second Reading and today, the Bill contains significant ambiguity. In that regard, it is unclear in a way that it does not need to be. Amendment 117 would add charity lotteries to the list of excluded contracts in schedule 19, so it would remove any remaining doubt that they are excluded from the provision. They will therefore be able to continue under the legislative environment that the Government have already set for them, which seems to work quite successfully, and will be able to do so without having any additional inhibitors put in their way in collecting revenues from the public and their customers, and crucially in paying out to good causes, which I am sure that we have all seen the benefits of across our constituencies.

[Seema Malhotra]

I do not propose to say much on the amendment. The hon. Member has laid out his arguments, and it would be helpful to hear some clarity from the Minister on his position.

--- Later in debate ---

[Kevin Hollinrake]

The hon. Member for Gordon makes an excellent point. As he said, the point was raised on Second Reading. We appreciate the work that society lotteries do in terms of fundraising—that £400 million a year is vital for many good causes. It is certainly not our intention to capture society lotteries, including the national lottery, in this chapter of the legislation on subscription contracts. We are working with the society lottery sector to understand whether we need to further clarify the legislation to reflect that. I am sure that we will discuss the issue again during later stages of the Bill.

[Richard Thomson]

If the Minister can assure me that we will have that open dialogue, and that the Government will share the outcomes of their deliberations, at this stage I am content to withdraw the amendment, but I will return to it on Report, contingent on what he is able to say at that point. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Schedule 19 agreed to.

Clause 248

Pre-contract information

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss:

That schedule 20 be the Twentieth schedule to the Bill.

Clauses 249 to 253 stand part.

New clause 5—Contract renewal: option to opt in—

“(1) Before a trader enters into a subscription contract with a consumer where section 246(2) applies, the trader must ask the consumer whether they wish to opt into an arrangement under which the contract renews automatically at one or more of the following times—

(a) after a period of six months and every six months thereafter, or

(b) if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due.

(2) If the consumer does not opt into such an arrangement, the trader must provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.

(3) If the consumer has not—

(a) opted into an arrangement under subsection (1),

(b) given notification of the consumer’s intention to renew by the date specified under subsection (2), the contract will lapse on the renewal date.”

This new clause would allow the consumer to opt-out of their subscription auto-renewing every six months, or if the period between payments is longer than six months, before every payment. If the consumer does not opt-in of auto-renewal, they would be required to notify the trader manually if they wanted to renew.

New clause 6—Contract renewal: variable rate contracts—

“(1) Before a trader enters into a subscription contract with a consumer where section 246(3) applies, the trader must ask the consumer whether they wish to opt into an arrangement under which the contract renews automatically on the date the consumer becomes liable for the first charge or the first higher charge.

(2) If the consumer does not opt into an arrangement under subsection (1), the trader must provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than five days before the renewal date.

(3) The trader must also ask the consumer whether they wish to opt into an arrangement under which the contract renews automatically—

(a) after a period of either six months from the first charge or higher charge and every six months thereafter, or

(b) if the period between the consumer being charged for the first and second time is longer than six months, each time payment is due.

(4) If the consumer does not opt into an arrangement under subsection (3), the trader must provide a date by which the consumer must notify the trader of the consumer’s intention to renew the contract, which must be no earlier than 28 days before the renewal date.

(5) If the consumer has not—

(a) opted into an arrangement under subsection (1) or subsection (3), or

(b) given notification of the consumer’s intention to renew by the date specified under (as the case may be) subsection (2) or subsection (4),

the contract will lapse on the next renewal date.”

This new clause would introduce an option for the consumer to opt out of their subscription auto-renewing after their free or discounted trial. Otherwise, they would have to notify the trader manually if they wanted to continue the subscription. It also introduces an option for the consumer to opt out of their subscription auto-renewing.

Digital Markets, Competition and Consumers Bill (Twelfth sitting)

Richard Thomson Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[Neil Coyle]

With that reassurance of looking at this further over the summer and to improve on where things stand, I will take the Minister at his word. The idea that we can support everything in a product safety review that will start we know not when feels a bit like missing the bus—or missing the stagecoach, to stick with the analogy. The powers need to be in the Bill to ensure that when the product safety review is done, the vehicle is already available to enable dangerous or counterfeit goods to be removed, but given his reassurance, I beg to ask to leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 217, as amended, ordered to stand part of the Bill.

Schedule 18

Commercial practices which are in all circumstances considered unfair

[Richard Thomson (Gordon) (SNP)]

I beg to move amendment 68, in schedule 18, page 343, line 2, at end insert—

“32 Making claims about—

(a) the environmental benefits, or

(b) the sustainability (as defined by section 234(1C)) of a product or service which are not based on evidence which can be verified by a court.”

This amendment seeks to ban the practice of “greenwashing”. It would include the making of unsubstantiated claims about the sustainability of products and services an unfair commercial practice.

[The Chair]

With this it will be convenient to discuss amendment 69, in clause 234, page 157, line 29, at end insert—

“(1A) The Secretary of State must consult on a definition of sustainability for the purposes of paragraph 32 of Schedule 18.

(1B) A consultation under subsection (1A) must—

(a) set out which products and services can be labelled sustainable; and

(b) require the definition to comply with international standards.

(1C) Following a consultation under subsection (1A) the Secretary of State must by regulations amend this Chapter to add a definition of sustainable.”

This amendment seeks to ban the practice of “greenwashing”. It requires the Government to define which products and services can be labelled “sustainable” and requires that this definition complies with international standards.

[Richard Thomson]

It is a pleasure to serve under your chairmanship, Mr McCabe. With your indulgence, if it is appropriate, I will also speak to amendment 69 and am happy to speak to amendments 115 and 116.

[The Chair]

We will stick to amendments 68 and 69.

[Richard Thomson]

Thank you for your guidance, Mr McCabe.

I have not yet spoken in Committee, and the reason for that is simple. As I said on Second Reading, from a Scottish National party perspective, we think that the Bill is generally speaking a good Bill. Our concern is primarily with the bits that we feel are missing, so the amendments that I will speak to this morning and afternoon are with a view to fill in some of the potholes that we see in the road for the Bill.

Amendments 68 and 69 would tackle the phenomenon of greenwashing. By that, I mean the practice by which companies use advertising and/or public messaging to appear more eco-friendly, whether in the generality or with regard to specific products, than is actually the case. The amendments would compel the Secretary of State to consult on a definition of sustainability for these purposes that is in line with international standards and then to amend the relevant chapter to add that definition to the Bill, and to add greenwashing to the schedule 18 list of practices which are in all circumstances considered unfair.

--- Later in debate ---

[Kevin Hollinrake]

Amendments 68 and 69 would add the practice of greenwashing to the list of banned practices in schedule 18, and would introduce a requirement for the Government to consult on the matter. I thank the hon. Member for Gordon for his amendments, and I absolutely agree that consumers should not be misled. I admire his commitment to recycling, which is admirable. I wondered whether I should touch on that, given the difficulties that the SNP has got into with its deposit return scheme, but—

[Richard Thomson]

I thank the Minister for that sideswipe, but it would be a great deal easier for the Scottish Government to comply with an English-designed scheme if that scheme was actually in existence for us to emulate. Absent our deposit return scheme, we are stuck with the recycling schemes that we have, and I wonder whether the Minister will get to the point.

[Kevin Hollinrake]

I was just referring to the hon. Gentleman’s point. I will briefly say that our perspective is that a nationwide scheme would be best for business.

Misleading consumers about the environmental qualities or impact of goods and services in a way that causes, or would likely cause, consumers to take a different decision is already against the law. Furthermore, under clause 187, when the CMA gives a provisional notice to a person in respect of an infringement of the unfair trading provisions, the CMA can require the respondent to provide evidence to substantiate the claims that they make to consumers. That meets the shadow Minister’s requirement. It is against the law to mislead, and as she says, the CMA’s draft guidance on sustainability agreements between businesses, which aim to ensure that environmental goals are achieved, will give greater clarity on these issues. Those interventions are already significant. The Government’s priority is to ensure that interventions support our environmental goals; we would then observe their impact before taking further steps. I hope the hon. Member will withdraw amendment 68 on that basis.

[Richard Thomson]

I am sorry to disappoint the Minister, but this is an issue of fundamental importance, and if I withdrew the amendment, it would be an opportunity missed. Of course, we could go through any number of proposed amendments to the Bill and say that there is already legislation in place that in some way tackles that issue. Of course it is true that there are measures on this issue, but there is still a proliferation of claims out there that have not been tackled by existing legislation. I know the Minister is a keen advocate for ensuring that markets work as effectively as they can, and for allowing markets to reach conclusions. The amendment is simply a tool that would allow Ministers to act in the interests of consumers. It would be a missed opportunity not to push it to a vote, and not to include it in the Bill.

Question put, That the amendment be made.

--- Later in debate ---

[Seema Malhotra]

I am pleased to speak to amendment 116, tabled by my hon. Friend the Member for Pontypridd and me. I will also touch on amendment 125, tabled by my hon. Friend the Member for Bermondsey and Old Southwark. They are similar provisions, and he will want to make his own arguments for amendment 125.

Amendment 116 adds the practice of commissioning fake reviews, offering to provide the service of writing fake reviews, and displaying consumer reviews without taking reasonable steps to verify their accuracy to the list of unfair commercial practices. Amendment 125 would similarly add fake reviews to the list of banned practices. We support both the amendments, but I will speak to amendment 116 in more detail, as it provides a more comprehensive legislative basis for banning fake reviews, and was recommended by the consumer group Which?.

When the Bill was published, the Government announced with much fanfare that they would introduce provisions banning the unfair commercial practice of fake reviews. However, nowhere in the Bill is there any measure that bans fake reviews. The supposed banning of fake reviews can be found in clause 234, which gives the Secretary of State the power to add to the list of banned practices. Unless the Minister corrects me, all we have is a promise from the Government that at some point in the future—beyond 2025—fake reviews might be banned. As Which? said during the Committee’s evidence sessions,

“We do not think that we should wait. Clearly, fake reviews are harmful, so the buying, selling and hosting of fake reviews should be included in schedule 18.”––[Official Report, Digital Markets, Competition and Consumers Public Bill Committee, 13 June 2023; c. 13, Q16.]

It was not just consumer groups that expressed that sentiment; the British Retail Consortium also stated:

“We are concerned about fake reviews. We support the banning of them. We wish that what the Government propose for them was on the face of the Bill.”––[Official Report, Digital Markets, Competition and Consumers Public Bill Committee, 13 June 2023; c. 49, Q78.]

I would be grateful for the Minister’s explanation of why the Government have left a ban out of primary legislation. One view is that the Government intended to include a ban, but ran out of time. Well, we have time to catch up during the passage of the Bill. Retail and consumer groups consider this measure very much noticeable by its absence, and it is important and significant that we address it during the passage of the Bill.

I have no doubt that the Minister will stress the need for further work and consultation on the issue. If so, perhaps he could also reflect on the considerable evidence of consumer detriment caused by fake reviews. Which? research from 2020 found that consumers are far more than twice as likely to buy poor-quality products that have been boosted by fake reviews. That affects the Minister’s constituents, mine, and those of every Member of this Committee.

As the CMA has noted, the average UK household spends £900 a year as a result of being influenced by online reviews. That demonstrates how significant the financial damage of fake reviews can be. In the Department for Business and Trade’s research from April this year, 11% to 15% of reviews in the category that it assessed were fake. That is the Government’s own research. The evidence is clear: action on fake reviews is needed now to protect consumers from their negative consequences. I would go so far as to say that the Opposition are doing the Government a favour by introducing these amendments. We have done the Government’s work for them.

I urge the Minister to support the amendments. Perhaps he will want to bring forward his own, as the Government are known to take good ideas when they see them, many of which they take from the Opposition. We understand that there has been significant dysfunction in Government, which may have got in the way of their doing the work that the country needs them to do. I therefore urge the Minister to support the amendments. He may also want to bring forward his own amendments at a future stage of the Bill or in the other place. I jest, with good reason, but we are not precious; we just want the right thing to be done. I hope that in his response, the Minister will confirm what action the Government will take during the passage of the Bill.

[Richard Thomson]

I very much support amendment 116, to the extent that I withdrew my attempt at an amendment that would have countered fake reviews. It is clear that fake reviews are a matter of real concern, not just for reputable companies, but for consumers, who like to rely on customer feedback before making some of their most important financial choices. Schedule 18 defines and sets out unfair practices, and it is only right that fake reviews be added to them. We again come back to the fundamental principle that if a market is to work effectively and efficiently, people need access to timely and accurate information. That goal of having accurate information in the marketplace is subverted considerably when fake information and misinformation are allowed to abound.

--- Later in debate ---

[Seema Malhotra]

Under clause 224, as the Minister says, the consumer will be able to enforce their right to redress relating to unfair commercial practices, subject to conditions, including that they have entered into a relevant contract, that the trader has engaged in a prohibited practice, that the prohibited practice was a significant factor in the consumer’s decision to make payment, and that the product concerned is not of an excluded type. Those are important provisions, including in the context of our debate about greenwashing. That is why it is important that we take forward the issues we have debated. None the less, we welcome the clause and these important provisions.

Question put and agreed to.

Clause 224 accordingly ordered to stand part of the Bill.

Clause 225

Rights of redress: further provision

[Richard Thomson]

I beg to move amendment 67, in clause 225, page 152, line 30, at end insert—

“(4A) The Secretary of State must by regulations make any further provision necessary to ensure that the rights of redress available under this Chapter are equivalent to, and not lesser than, those available under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277).”

This amendment seeks to ensure that the “Consumer Rights to Redress” that will be set out through secondary legislation cannot offer a reduced level of the protection than the Consumer Protection from Unfair Trading Regulations 2008.

[The Chair]

With this it will be convenient to discuss amendment 114, in clause 225, page 152, line 33, at end insert—

“(7) The Secretary of State must—

(a) prepare a report on the merits of introducing a consumer right to individual and collective redress by regulations set out in 225(1), and

(b) lay a copy of this report before Parliament.

(8) The report must be laid within the period of 12 months beginning with the day on which this Act is passed.”

This amendment would require the Secretary of State to prepare and lay before Parliament a report on the merits of introducing a consumer right to individual and collective redress through secondary legislation, as is the case in EU member states.

[Richard Thomson]

As the explanatory statement sets out, amendment 67 seeks to ensure that the consumer rights to redress introduced through secondary legislation by Ministers cannot offer less protection than the Consumer Protection from Unfair Trading Regulations 2008. That statutory instrument was effectively the successor to the Trade Descriptions Act 1968 and was designed to implement the unfair commercial practices directive as part of a common set of European minimum standards for consumer protection. Consumers, not just in Europe but throughout the UK, have benefited immensely from those protections. It is important as a point of principle that as legislation is repealed or evolves, there should be no inadvertent reduction in baseline consumer protections. There should be a reduction in consumer protections only where the Government deliberately choose to do so and we have an open debate.

The amendment is very much about ensuring that nothing slips down the drain inadvertently in terms of consumer protection. If the Government are not minded to accept it, what existing protections will they unwittingly let fall by the wayside? The amendment would capture the baseline level of protection through future secondary legislation. I look forward to the Minister’s remarks.

[Seema Malhotra]

I am pleased to speak to amendment 114, which stands in my name and that of my hon. Friend the Member for Pontypridd. I will also make reference to amendment 67, tabled by the hon. Member for Gordon.

Amendment 114 would require that the Secretary of State prepare and lay before Parliament a report on the merits of introducing a consumer right to individual and collective redress through secondary legislation, as is the case in EU member states. Amendment 67 would ensure that the consumer rights to redress set out in secondary legislation cannot offer less protection than the Consumer Protection from Unfair Trading Regulations 2008. We support the principle of amendment 67, which would have a similar effect to amendment 114 by ensuring a more robust consumer right to redress.

More specifically on amendment 114, I refer the Minister to the written evidence of Which?, which notes that

“the Bill states that ‘Consumer Rights to Redress’ may be provided for in future secondary legislation, so it will give the Secretary of State powers to amend these rights. These rights are fundamentally important, as they include payment of damages when a trader misleads a consumer. We want assurances that they will not be downgraded as a result of this process, and a commitment from the Government to strengthen redress procedures when these new regulations are drafted.”

Amendment 114 would require a commitment from the Government to report on doing that, aiding the process of strengthening redress procedures when new regulations are drafted. I urge the Government to support amendments 114 and 67, and to ensure that consumer rights to redress are as strong as they can be, particularly in an increasingly digital economy.

[Kevin Hollinrake]

Amendments 67 and 114 deal with consumers’ private rights to redress. I agree with the hon. Members for Feltham and Heston and for Gordon that it is vital that consumers have robust private rights of redress.

Amendment 67 would limit changes by regulation to the consumer rights of redress to those that are equivalent to the remedies in the CPRs—the Consumer Protection from Unfair Trading Regulations 2008. The Bill includes powers to amend rights of redress. That could include how such rights are exercised; the powers could also be used to make those rights clearer and simpler. Those would be positive changes for consumers that might not meet the test of equivalence to the current regulations that the amendment would impose. We would like to retain the ability to exceed the existing private redress provisions, if appropriate, which may encourage more consumers to make use of these rights. The first regulations made using the power will be to create the new regime to replace the current private redress provisions in the CPRs. Accordingly, those regulations will be subject to parliamentary approval via the affirmative procedure, thereby providing for appropriate parliamentary oversight of use of the power.

I turn to amendment 114. The courts already have the power to make an enforcement order against an infringer, or to accept undertakings from them to provide redress to affected consumers, through the measures in part 3. Enforcers can also accept undertakings from infringers to provide redress to affected consumers. For example, in 2021 the CMA secured an undertaking from Teletext Holidays to pay over £7 million in outstanding refunds from package travel trips cancelled due to covid-19.

The Bill will make the power to require enhanced consumer measures directly available to the CMA. Consumers also already have individual private rights of redress. In the “Reforming competition and consumer policy” consultation, we consulted on whether to introduce a right for consumers to bring collective redress. Responses were mixed, with concerns raised about unintended consequences such as the creation of a claims culture and inadvertently disincentivising the bringing of proceedings by consumer groups.

The hon. Member for Feltham and Heston referred to the EU situation. The outcome, however, is similar to the desired situation under the EU’s directive on collective redress, which requires member states to designate entities, such as consumer organisations, that can bring actions for collective redress on consumers’ behalf. The EU does not mandate that member states introduce direct rights for individual consumers to bring an action for collective redress.

We will keep the evidence under review, but our priority is to embed the CMA direct enforcement regime and understand the impact that it makes. On that basis, I hope that hon. Members will not press their amendments.

[Richard Thomson]

With regret, I am not minded to withdraw amendment 67. I hear what the Minister says about how the Government may wish to go beyond existing levels of consumer protection. That is welcome where appropriate, but I do not see anything in the amendment that would prevent Ministers from doing that. The key element in the amendment is to capture a baseline level of protection, equivalent to what was in the 2008 regulations, to ensure that there is nothing that dips below that without a conscious decision to do so having been taken and debated. On the basis that there is nothing that would prevent the Government from enhancing the levels of protection at any time, I am keen to divide the Committee.

Question put, That the amendment be made.

Oral Answers to Questions

Richard Thomson Excerpts

Thursday 29th June 2023 Commons Chamber

[Mr Speaker]

I call the Scottish National party spokesperson.

[Richard Thomson (Gordon) (SNP)]

The Scottish seafood industry has been hit with an estimated 50% increase in the cost of packaging owing to the requirement—thanks to the form of Brexit chosen by this Government—for export health certificates with every consignment. Does the Secretary of State accept that the form of Brexit that was chosen, and in particular the failure to align in respect of sanitary and phytosanitary matters, is adding costs to Scotland’s iconic seafood sector at a time when it can barely afford to absorb such costs?

[Kemi Badenoch]

No, I do not accept that at all. If anything, what is increasing the costs is what the Scottish Government have been doing in relation to the deposit return scheme. While complaining about our divergence between here and the EU, they are trying to split the UK single market, and we are not going to let them do that.

--- Later in debate ---

[Mr Speaker]

I call the SNP spokesperson.

[Richard Thomson (Gordon) (SNP)]

This week, the European Council adopted the EU’s free trade agreement with New Zealand, which includes dedicated sustainable food systems chapters, a dedicated trade and gender equality article, and a provision on trade and fossil fuel subsidies reforms. Can the Secretary of State explain why our trade deal with New Zealand, if it is so good, fell so far short on those issues?

[Kemi Badenoch]

I think the hon. Gentleman will find that, actually, the trade deal we negotiated with New Zealand makes things cheaper for our consumers, not more expensive, it is less protectionist and it is helping to improve relations between us and New Zealand. I disagree with his assessment of the EU-New Zealand free trade agreement: we looked at it and were actually quite pleased with what we got.