§ REFERENCES OF PUBLIC BODIES AND CERTAIN OTHER BODIES CORPORATE TO THE COMMISSION
§ Mrs. Sally OppenheimI beg to move amendment No. 20, in page 15, line 26, leave out 'to consumers'.
This clause enables the Secretary of State to refer to the Commission a question about the service provided to consumers by a public body. Clause 24 defines consumers by reference to section 147 of the Fair Trading Act. This definition excludes a person who receives goods or services by way of business, 346 and for the purpose of clause 11 this is too restrictive.
Without this amendment, the Secretary of State would not be able to refer to the Commission a question about a public body's service to the business community, and such a restriction might prove to bear particularly harshly on small businesses. That is not our intention, and the amendment therefore removes the words "to consumers" and allows a question to be put to the Commission dealing with a service provided to any person.
§ Amendment agreed to.
§
Amendment made: No. 24, in page 16, line 36, after '(a)' insert
'any question relating to the appropriateness of'.—[Mrs. Sally Oppenheim.]
§ Mrs. Sally OppenheimI beg to move amendment No. 25, in page 16, line 40, leave out from beginning to end of line 3 on page 17 and insert—
'(b) the question whether any course of conduct required or envisaged as mentioned in section 2(2) above operates against the public interest'.
§ Amendment No. 24, which was taken earlier when we debated new clause 3, tightened up the wording in clause 11 (6)(a) following my assurance in Committee that the drafting would be reconsidered. This amendment deals with the provisions in clause 11(6)(b).
§ Whilst, therefore, the Commission is to be prevented from criticising or questioning any agreement registrable under the Restrictive Trade Practices Act, it will nevertheless be able to mention and refer to such agreements in its reports.
§ Amendment agreed to.
§ Mrs. Sally OppenheimI beg to move amendment No. 26, in page 17, line 22, at end insert—
'and where the Commission conclude that the body specified in the reference is pursuing a course of conduct which operates against the public interest, the report may include recommendations as to what action (if any) should be taken by the body for the purpose of remedying or preventing what the Commission consider are the adverse effects of that course of conduct.'.The amendment is intended to allow the Commission to make recommendations about what action, if any, should be taken by the body being investigated to 347 remedy or prevent the adverse effects on which the Commission has reported. The Commission will be able to make these recommendations only where it considers that a body has been pursuing a course of conduct which operates against the public interest. The provision is broadly comparable with that contained in clause 8(4)(b), which deals with the Commission's recommendations following the competition reference.
§ Amendment agreed to.