HL Deb 09 November 1992 vol 540 c3

2.41 p.m.

Lord Lucas of Chilworth asked Her Majesty's Government:

What action they propose to take to amend the Price Marking Order 1991 (SI 1991/1382).

The Parliamentary Under-Secretary of State, Department of Trade and Industry (Baroness Denton of Wakefield)

My Lords, I am pleased to assure my noble friend that my department will be in a position to discuss the way forward with interested parties very shortly.

Lord Lucas of Chilworth

My Lords, is my noble friend aware that this order was declared defective by the Joint Committee on Statutory Affairs as long ago as July 1991? Is she further aware that the delay by the department in amending the order has resulted in two prosecutions; one resulting in a £5,000 fine and the other in a conviction which might cause the loss of a job? Does she not agree that it is time that the description "shortly" is put into effect immediately?

Baroness Denton of Wakefield

My Lords, I point out to my noble friend that the law must always be followed as it stands at present. Retailers are aware of that. Therefore, it is for the court to decide the outcome of prosecutions. I stress that I said "very shortly" and not "casually". I am also determined that, given the difficulties of dealing with the concerns within the terms of European Community directives, this time we shall get it right.

Lord Clinton-Davis

My Lords, will the Minister explain why, although in September 1991 the DTI agreed with the British Retail Consortium that the order was unreasonable and/or unclear in certain instances and undertook to produce a consultation document, it has not yet done so? Can the Minister say where the amending order is that was promised to enable sales by auction to be excluded from the pricing provisions as that was promised in July 1991? Why is there such an enormously long delay?

Baroness Denton of Wakefield

My Lords, we went out to consultation twice before the last legislation, and we assumed that that consultation would give us the answers from the party involved. On this occasion we have had to go back and look at it again. Although it is important that we do not overregulate, we must protect the consumer in these matters—and the protection of the consumer is best ensured by offering choice.

Lord Clinton-Davis

My Lords, but protecting the consumer when the Government undertook to produce a consultation document well over a year ago seems hardly to have been a priority on their part. Why the delay when they have made that promise?

Baroness Denton of Wakefield

My Lords, the promise that was made was to come forward with this. I can only repeat my initial statement—that this will come forward very shortly indeed.