HC Deb 25 May 1993 vol 225 cc842-4
Mr. Rathbone

I beg to move amendment No. 68, in page 7, line 19, after 'granting'insert 'or refusing'.

Mr. Deputy Speaker

With this it will be convenient to discuss the following amendments: No. 69, in page 7, line 21, after 'grant', insert 'or, as the case may be, refuse'. No. 66, in page 7, line 21, at end insert 'and, if he proposes to grant the licence exemption subject to compliance with any conditions, specifying those conditions.'. No. 67, in page 7, line 22, after 'grant', insert 'or, as the case may be, refuse'. No. 64, in page 7, line 23, after 'exemption', insert 'and, if he proposes to grant the licence exemption subject to compliance with any conditions, the reasons why he proposes to impose those conditions.'. No. 65, in page 7, line 32, after 'grant', insert 'or, as the case may be, refusal'. No. 62, in clause 8, page 8, line 41, after 'granting', insert 'or refusing'. No. 63, in page 8, line 43, after 'grant', insert 'or, as the case may be, refuse'. No. 60, in page 8, line 43, at end insert 'and, if he proposes to grant the licence subject to compliance with any conditions, specifying those conditions'. No. 61, in page 8, line 44, after 'grant', insert 'or, as the case may be, refuse'. No. 58, in page 8, line 44, after 'licence', insert 'and, if he proposes to grant the licence subject to compliance with any conditions, the reasons why he proposes to impose those conditions". No. 59, in page 9, line 9, after 'grant', insert 'or, as the case may be, refusal'. Government amendment No. 183.

Mr. Rathbone

Earlier we debated the fact that the regulator's role is to promote competition, to prevent abuse of market power and to protect the interests of the consumer, so there seems to be no reason why the amendments to clauses 7 and 8 should not be acceptable in the interests of transparency in the decision-making process.

It is clearly not reasonable that an operator who may have made a significant capital investment in a franchise should be denied the right to know why the regulator has granted, exempted or refused a licence-and therefore the grounds on which to challenge a decision should he wish to do so. In the interests of more open government and more openness generally, I hope that the amendments will be accepted.

Mr. Freeman

Yesterday, in a written answer and a press notice, we announced our policy on exemptions from the regime of licensing and franchising. I hope that the House will welcome the restatement of all the commitments that I gave in Committee in relation to preserved railways, light rapid transit systems and some municipal railways. I say to the hon. Member for Kingston upon Hull, East (Mr. Prescott) that nothing differs in the statement that we made available yesterday from the commitments that I gave in Committee.

I ask my hon. Friend the Member for Lewes (Mr. Rathbone) not to press the amendments, which might add a little unnecessary paperwork because only the applicant for a licence exemption or a licence application will be interested in the outcome of the regulator's deliberations. If the regulator gets it wrong, his actions will be open to judicial review.

May I give my hon. Friend one assurance, because in moving the amendments he has helped the House? Before the regulator makes a decision about an application for an exemption, or indeed in granting a licence, informal guidance will be given. We want a user-friendly system to encourage those who will be affected by a licence excemption and those applying for a licence, for example, a preserved railway that wishes to run on the railway system and take paying passengers. I hope that the words which I put on the record in response to the amendment will be helpful to those who might be affected.

9.30 pm

Moreover, where the regulator is minded to refuse a licence exemption, or to refuse a licence applicaton in the first place, I am sure that the regulator will take every trouble to inform those most directly affected. In view of those assurances, I hope that my hon. Friend the Member for Lewes will not feel it necessary to press the amendment.

Mr. Rathbone

In view of those assurances and the Minister's previous statement, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

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