§ Mr. MitchellTo ask the Secretary of State for Trade and Industry (1) what impact he expects the Stop Now Orders (Injunctions Directive) Regulations 2001 will have on the self-regulatory system in advertising; [160617]
(2) what discussions he has had with advertising regulators with regard to the Stop Now Orders (Injunctions Directive) Regulations 2001; and if he will place copies of all relevant correspondence in the Library. [160616]
§ Dr. HowellsIt has always been the Government's policy to implement the EC Injunctions Directive (98/27/EC) in such a way as to preserve the self-regulatory system in advertising successfully established through the Advertising Standards Authority (ASA). My right hon. Friend the Secretary of State for Trade and Industry wrote to Lord Borrie, Chairman of the ASA, on216W 5 April to reassure him that, while remaining consistent with the requirements of the directive, the Stop Now Orders (EC Directive) Regulations 2001 contain a number of controls to achieve this.
First, one of the criteria which must be met by private consumer organisations seeking to be named is a readiness and willingness to co-operate with other authorities, bodies and persons having responsibility for regulation of matters covered by the regulations, including advertising. This includes the ASA. My right hon. Friend the Secretary of State for Trade and Industry would be obliged to refuse to name a private body seeking a designation to include advertising if it did not show that it was willing to co-operate with the ASA. If, having been designated, a named private qualified entity failed to co-operate with the ASA and so ceased to meet the criteria then my right hon. Friend the Secretary of State for Trade and Industry would be required to strike it off the list of designated bodies.
In addition, both public and private qualified entities must first consult the Director General of Fair Trading before bringing any proceedings. If more than one of the Director General and any public or private UK qualified entity are contemplating bringing proceedings the Director General may, in any particular case, direct which of these entities is to bring such proceedings, or that only he may do so. Where the Director General directs that only he may bring such proceedings the regulations expressly provide that he may take into account in reaching that decision whether the infringement could be stopped by other means (for example, by the ASA) in deciding whether or not to bring court proceedings. I am confident from discussions with the OFT that the Director General will use this provision to stop both public and private UK bodies from bypassing the ASA's system of self-regulation.
With these safeguards in place, and with formal memoranda of understanding between the Director General and enforcement bodies, including the ASA, I am confident that the ASA's self-regulatory regime will be preserved and strengthened.
I am placing a copy of the Secretary of State's letter and Lord Borrie's reply in the Library of the House.