HC Deb 23 July 1969 vol 787 cc1708-10
18. Dr. Winstanley

asked the President of the Board of Trade if he will give a general direction to the Monopolies Commission to hear oral evidence before making a report on the professions.

45. Sir K. Joseph

asked the President of the Board of Trade if he will give a general direction to the Monopolies Commission that, in considering the practices of the professions, it shall hear oral evidence from the professional bodies concerned.

47. Sir C. Black

asked the President of the Board of Trade what representations from what professions he has received concerning the reference to the Monopolies Commission of the practices of the professions; and what reply he has sent.

Mr. Dell

My right hon. Friend has received representations from a number of professional bodies about the Commission's conduct of this inquiry, and, in particular, about its decision not to hear oral evidence. He has replied that he cannot intervene. His power to give general directions to the commission does not extend to its conduct of general inquiries into the effect on the public interest of a specified class of practice.

Dr. Winstanley

Is not it important that when the commission comes to report on these professions the professions should feel that the report has been made in the fullest possible knowledge of all the facts? Is not it therefore regrettable that the commission should now appear to be discriminating against the professions by departing from its usual practice of hearing oral evidence?

Mr. Dell

As I said in my Answer, my right hon. Friend cannot intervene in the way the commission conducts this inquiry, although the method of inquiry will be stated in the report. The Board of Trade has no power to act on the report of an inquiry conducted under this Section of the Act. That power can be taken only by legislation, and, depending upon the nature of the report, further investigation might be necessary before such action was taken.

Sir K. Joseph

Is not it a reflection on the President of the Board of Trade for making a reference on such an enormous scale that the Monopolies Commission has not been able to carry out the normal principles of natural justice of any investigatory procedure, and has been unable to tell the bodies being investigated what is the prima facie case against them, if any, and give them an opportunity to comment on it? Does not this mean, particularly in the light of the Minister of State's answer, that it is all a great waste of time?

Mr. Dell

In defence of my right hon. Friend I should say at once that this reference was made by his predecessor; but I do not accept what the right hon. Gentleman has said. We must see the report and how the commission tackles it before coming to a conclusion that natural justice has in any way been breached. I am aware of the anxieties of the professions in this respect, but they have not seen the report. I am sure that the commission is well aware of the requirements of natural justice.

Sir C. Black

Does not the hon. Gentleman think, when six leading professional bodies, including the General Council of the Bar, have made representations, that natural justice has not been done, that this calls for some attention on the part of his right hon. Friend?

Mr. Dell

My right hon. Friend has no power to intervene. I think that the hon. Gentleman should see the report before jumping to this conclusion. It will not be possible to act on the report in view of the section of the Act under which this general type of inquiry is made. Various things may have to be done before action is appropriate—possibly further inquiries, possibly consultation with the professions.

Mr. Whitaker

While I recognise the independence of the commission, does my hon. Friend feel that hon. Members of this House should take the same attitude to restrictive practices in the professions as they do to those of the trade unions? Can he say when the commission will report?

Mr. Dell

I agree with the first part of my hon. Friend's supplementary question. I do not know when the commission will report on this subject.

Mr. Doughty

The hon. Gentleman says that we should wait for the report before saying anything. Does not he realise that if the inquiry has been made in the manner in which apparently it is being made, the report when it is published will command little respect? Will he therefore, even if he has no power of direction, indicate the views of the Members of this House about the way in which the inquiry is being conducted?

Mr. Dell

I am sure that the views of hon. Members will be noted, just as the Monopolies Commission no doubt noted the representations made to it by the professions. Whether the report will command little respect is something that we cannot tell until we see the report. I am merely suggesting to the House that it might be advisable to wait for the report.