HL Deb 03 November 1987 vol 489 cc883-6

2.56 p.m.

Lord Campbell of Croy

My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether they will approach the relevant trade associations with a view to improving standards of repair and service of motor cars in the interests of the public.

The Secretary of State for Trade and Industry (Lord Young of Graffham)

My Lords, there already exists a code of practice for the motor industry which has been drawn up in consultation with the Office of Fair Trading and which contains requirements about servicing and repairs. The Office of Fair Trading is currently discussing changes to the code with the trade associations concerned.

Lord Campbell of Croy

My Lords, I thank my noble friend for that reply. Do the Government agree with the report printed in the recent journal of the Consumers' Association, Which?, to the effect that this is a sector of the service industry where the public are likely to be poorly treated and are often asked to pay too much for inadequate work?

Lord Young of Graffham

My Lords, we are aware of the survey and that is one of the reasons why the Director General of Fair Trading, who keeps under review codes of practice, is currently discussing changes to the motor code with the trade associations concerned.

Lord Williams of Elvel

My Lords, does the Minister agree that faulty servicing of motor cars is a matter of life and death? If we are trying to avoid accidents on the roads proper servicing must be assured. Will he pay close attention to the Consumers' Association report, which his noble friend Lord Campbell of Croy has rightly mentioned, which showed that of 28 garages tried only five gave proper service? Furthermore, will the Minister discuss with his right honourable friend the Secretary of State for the Environment the possibility that at least in this area local authority expenditure, particularly on trading standards departments, should not be held back so that trading standards officers can perform their proper task in this respect?

Lord Young of Graffham

My Lords, I am grateful to the noble Lord. As regards the second part of his question, I am told that this is the sixth survey carried out by Which? since 1970 and that there has been little or no improvement in the proportion of garages judged to have done a fair to good job. Therefore the problem is long-standing and has little to do with any restrictions in recent years on local authority expenditure. I would hope that it is a matter for the industry to adopt a suitable code of practice and to ensure that it is rigorously enforced. The Director General of Fair Trading is now giving attention to the matter.

Lord Mellish

My Lords, can the Minister tell the House where the ordinary motorist can go to complain if he receives a very bad service?

Lord Young of Graffham

My Lords, the ordinary motorist has always been entitled to complain to the courts if an offence has been committed under the Trades Description Act. It is of course a similar offence.

Lord John-Mackie

My Lords, is the Minister aware that when a comparatively new car which is not due for an MOT test has been crashed it can be put on the road again by a cowboy repairer? Would he look into the question of whether something can be done about that situation?

Lord Young of Graffham

My Lords, if the car is put in for repair and the repair is not correctly done, the garage will carry some liability for it. If the car has been subsequently sold, clearly the purchaser can take proceedings against the garage.

The Earl of Halsbury

My Lords, when I have my car repaired, surely it has to be presented for an MOT test within an average time of six months. Can the Minister say whether, if the car fails that test on the repairs that have been done, I have the common law right of action against a person who has repaired it?

Lord Young of Graffham

My Lords, that is a matter on which the noble Earl should take independent advice, should those unfortunate circumstances ever occur.

Lord Underhill

My Lords, is the Minister aware that many members of the public may take the view that the Minister's response to this matter has been somewhat complacent? There is great public concern and it is insufficient merely to say that the complainant can take the repairer to law. Does he not agree that all the Ministers concerned should look very seriously at this matter?

Lord Young of Graffham

My Lords, I am glad to assure the noble Lord that I am looking seriously at this matter. Obviously it is a problem. That is why the Office of Fair Trading is considering it. Parliament may pass all the laws that it chooses. What we have to ensure is that those who service cars do so properly and responsibly. It is for the industry to regulate the situation, and the code of practice should not only be adopted but enforced.

Lord Mackie of Benshie

My Lords, can the Minister explain why a trade that encounters a great deal of competition does not ensure that it is providing a proper service to the public?

Lord Young of Graffham

My Lords, proper competition ensures that only those garages which provide good service will survive. The report of Which? looked at 28 garages out of the many thousands of garages in the country. The Office of Fair Trading is also looking at this matter, and I am sure that it will be looked at sensibly and that discussions with the trade association will progress.

Lord Brougham and Vaux

My Lords, I thank my noble friend the Minister for the news that there will be a change in the code of practice. Perhaps I may ask whether it will cover heavy goods vehicles and vans as well as cars.

Lord Young of Graffham

My Lords, this particular Question is devoted to the motor code and I refer only to motor cars.

Lord Ezra

My Lords, before I ask my supplementary question, I want to declare an interest. I am president of the Institute of Trading Standards Administration, in which post I succeeded the late Lord Drumalbyn, to whom I am sure the House would like to pay tribute. Can the Minister indicate to the House the response that is likely to be forthcoming from the Government to representations made recently by the trading standards administration and other bodies about safeguarding the public interest in regard to the sale of used cars and particularly the clocking of speedometers?

Lord Young of Graffham

My Lords, the present Question is devoted to the servicing of cars, which is a very different matter from the sale of goods, for which other remedies apply. I should point out to all noble Lords that concern has arisen as a result of a report in Which? Another survey was published by the Office of Fair Trading in September 1986. That showed that only 8 per cent. of people who had had their cars serviced were dissatisfied and that 64 per cent. described themselves as very satisfied. I suggest that we leave this matter until the Director General of Fair Trading reports.

Lord Molloy

My Lords, is the Minister aware that two years ago I received a number of letters from people who wrote to me expressing their concern at having bought brand new vehicles through various garages and when the time came for those cars to be serviced they were told that no spare parts were available? I referred that matter to the Office of Fair Trading and had a very courteous reply telling me that it had nothing to do with that office.

Lord Young of Graffham

My Lords, that may very well have been the case. I understand that there was some difficulty in that matter. If the noble Lord cares to write to me, I shall certainly look into it.

Lord Williams of Elvel

My Lords, in view of the concern expressed on all sides of the House on this matter of life and death, will the Minister tell the House to whom the Director General of Fair Trading will be reporting when he has completed his review of the code of practice, and whether the noble Lord himself, as the Minister responsible, will come to the House and make a statement on the subject?

Lord Young of Graffham

My Lords, I think that we should be very careful about this matter. We are talking about a report in the magazine Which? that covered 28 garages. Of those garages, only five made a reasonable job of servicing, according to the survey. That finding contrasts with the monitoring report on the motor code published last September by the Office of Fair Trading, which showed that only 8 per cent. of people were dissatisfied. Before we reach the stage of coming to the House and making statements on this matter, it would be better to wait until the report of the director general is received in order to see what it contains.

Lord Paget of Northampton

My Lords, the Minister referred to the number of people who were satisfied or very well satisfied with the service they received. Did anybody look at the cars afterwards to see whether there was any cause for being satisfied or very satisfied?

Lord Young of Graffham

I doubt that very much, my Lords.

Baroness Seear

My Lords, can the Secretary of State confirm that he has no intention of undervaluing the work done by Which? He keeps stressing that there were only 28 organisations involved, but no doubt it was a properly-drawn sample. Which? would not have conducted the survey otherwise.

Lord Young of Graffham

My Lords, I am quite sure that all noble Lords will also be aware that the monitoring survey of the motor code published by the Office of Fair Trading in September 1986 showed a very different picture. I repeat once more that in my opinion we should leave this matter until the director general reports, so that we can look at his report rather than rely on individual surveys.

Lord De Freyne

My Lords, will my noble friend the Minister bear in mind that when an individual has his automobile properly serviced, at the same time he can get it certified with an MOT certificate for nothing?

Lord Young of Graffham

My Lords, I shall bear that in mind the next time I have my car serviced.