HC Deb 21 November 1990 vol 181 cc143-5W
Mr. Blunkett

To ask the Secretary of State for the Environment, pursuant to his answer of 12 November,Official Report, columns 42–43, whether his Department investigates all complaints of alleged anti-competitive behaviour which it receives; and if he will indicate the stages of investigation his officials pursue when responding to allegations of anti-competitive behaviour.

Mr. Portillo

My Department investigates all complaints which appear to reveal breaches of the requirements of part I of the Local Government Act 1988. In all cases where a case is being investigated, my Department writes to the authority concerned and considers its reply. Subsequent handling of the investigation depends on the circumstances of each case.

Mr. Blunkett

To ask the Secretary of State for the Environment (1) what channels direct services organisations and direct labour organisations have open to them to allege anti-competitive behaviour on the part of local authorities; and if he will make a statement;

(2) what channels private citizens have open to them to allege anti-competitive behaviour on the part of local authorities; and if he will make a statement;

(3) pursuant to his answer of 12 November, Official Report, column 43, if he will publish his Department's guidelines or procedures for complaining of alleged anti-competitive behaviour on the part of local authorities under the Local Government Act 1988; and if he will make a statement.

Mr. Portillo

A direct services organisation or direct labour organisation would not have an identity separate from its parent authority. It is, however, open to any organisation or individual to write to my Department if they believe that a local authority has failed to comply with the requirements of part I of the Local Government Act 1988. Those include the requirement, contained in section 7(7) of the Act, that an authority, in reaching the decision that they should carry out work subject to the requirements of the Act and in doing anything else in connection with such work before reaching such a decision, should not act in a manner having the effect or intended or likely to have the effect of restricting, distorting or preventing competition.

It would also be open to an organisation or an individual to take civil action if they believed that a local authority had contravened the provisions of the legislation.

The way in which organisations or individuals may raise matters with my Department is not the subject of any special guidelines or procedures.

Mr. Blunkett

To ask the Secretary of State for the Environment how many complaints his Department has received alleging anti-competitive behaviour on the part of local authorities under the terms of the Local Government Act 1988; and if he will make a statement.

Mr. Portillo

The Department is currently investigating complaints of alleged anti-competitive behaviour under part I of the Local Government Act 1988 in the case of 48 local authorities. The number of complaints is greater, since some individual authorities are the subject of several complaints. The Department has notified all 48 local authorities of its investigations.

Mr. Blunkett

To ask the Secretary of State for the Environment how many members of staff in his Department process and monitor complaints of alleged anti-competitive behaviour on the part of local authorities under the terms of the Local Government Act 1988; and if he will make a statement.

Mr. Portillo

My Department's concern with the implementation of part I of the Local Government Act 1988 goes wider than processing and maintaining complaints of alleged anti-competitive behaviour, and includes a range of other important aspects, such as responding to queries from local authorities and considering the annual reports which local authorities are required to submit under section 11 of the 1988 Act. Six departmental officials are employed full time on all aspects of the implementation of the 1988 Act. In addition, five other departmental officials are employed on this work for a significant proportion of their time.

Mr. Blunkett

To ask the Secretary of State for the Environment how many complaints of alleged anti-competitive behaviour, under the terms of the Local Government Act 1988, his Department is currently investigating; and if he will make a statement.

Mr. Portillo

This question could be answered only at disproportionate expense, since it would require information to be compiled covering a period of at least two years.

Mr. Blunkett

To ask the Secretary of State for the Environment whether his Department keeps a record of complaints received alleging anti-competitive behaviour on the part of local authorities, under the terms of the Local Government Act 1988; and if he will make a statement.

Mr. Portillo

The Department maintains full documentation of those complaints alleging anti-competitive behaviour under part I of the Local Government Act 1988 which it investigates.