HC Deb 05 May 2004 vol 420 cc1637-9W
Malcolm Bruce

To ask the Secretary of State for Trade and Industry how many complaints were made to the Director General of Fair Trading concerning the misdescribing of holidays by tour operators or travel agents in each year since 1997; how many such complaints were investigated by the Director General of Fair Trading in each year; and how many were upheld in each year. [168869]

Mr. Sutcliffe

The OFT has not kept statistics of the numbers of complaints made to it about misdescriptions of holidays by tour operators or travel agents. In most such cases consumers are in dispute with the operator or agent and will be seeking redress for breach of contract and disappointment. In general they seek advice from their local trading standards service. They can also seek help from the Association of British Travel Agents which offers conciliation and arbitration services to help resolve disputes with its members.

The numbers of consumer complaints made to trading standards departments about misleading claims, lack of availability, or lack of information relating to holidays in the UK and abroad, and, more specifically, about such claims made by travel agents, to 31 December 2002, is as follows:

Holidays in UK

and overseas

Travel agents Total
1997 7,244 1,022 8,266
1998 7,234 939 8,173
1999 6,980 1,824 8,804
2000 6,818 1,321 8,139
2001 119,129 1,374 20,503
2002 7,820 1,262 9,082
1Complaints in 2001 include a large number of consumer complaints about a single company that was operating a nationwide scam. The Company's activities have ceased.

Malcolm Bruce

To ask the Secretary of State for Trade and Industry how many complaints have been made to the Director General of Fair Trading concerning the conduct of travel agents and travel operators in each year since 1997; how many such complaints were investigated by the Director General of Fair Trading in each year; how many were upheld in each year; and how many and which, travel agents and travel operators have been banned as unfit to practice by the Director of Fair Trading since 1997. [168870]

Mr. Sutcliffe

The OFT has not kept statistics of the number of complaints made to it about the conduct of travel agents and tour operators. Generally consumers complain to their local trading standards services. While not specifically about the "conduct" of travel agents and tour operators, the total numbers of consumer complaints about holidays in the UK and abroad, and complaints about travel agents, made to trading standards from 1997 until 31 December 2002, are presented in the following table:

Holidays in UK

and overseas

Travel agents Total
1997 18,387 2,211 20,598
1998 18,805 1,984 20,789
1999 16,523 3,445 19,968
2000 16,463 3,192 19,655
2001 33,531 3,304 36,835
2002 17,812 2,887 20,699

Members of the Association of British Travel Agents whose conduct is in question are subject to its disciplinary code. The OFT has powers under the Enterprise Act 2002 to prevent conduct, such as breaches of contract or breach of the law, which harms the collective interests of consumers.

The OFT does not have the power to ban travel agents and tour operators. However travel agents or tour operators that offer credit agreements must apply to the OFT for a licence. The OFT considers whether a trader is a fit person to hold a licence and can remove a licence if it regards a trader as no longer fit. Worldscape.Net Limited, an internet package holiday company, was refused a consumer credit licence in 2003.

Malcolm Bruce

To ask the Secretary of State for Trade and Industry how many(a) complaints have been received, (b) complaints have been investigated and (c) prosecutions have been made under the (i) Package Travel Regulations and (ii) Timeshare Act 1992 in each year since 1992. [169374]

Mr. Sutcliffe

The Department has no enforcement powers in respect of either the Package Travel, Package Holiday and Package Tour Regulations 1992 or the Timeshare Act 1992. We do not investigate individual complaints under either statute.

Generally, consumers complain to their local trading standards service who do have the powers to enforce elements of these Acts. The trading standards service collates statistics of complaints made to them. They are unable to provide figures from this sector which reflect action under specific pieces of legislation.

The Office of Fair Trading maintains a register of returns of convictions under consumer protection legislation. Regrettably, however, the register is currently being upgraded and is incapable of producing accurate figures of the type requested at present. The Office of Fair Trading will write to the hon. Member when this information is accessible.