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Consumer Credit Bill

The Minister’s answer on how irresponsible practices would be defined seems to contradict what he said on 14 July last year. Then, he said, ““The amendment””—a different amendment—"““seems to assume that the test is somehow dependent on the OFT’s guidance. It is not. The OFT’s guidance is simply that: guidance.””—[Official Report, 14 July 2005; Vol. 436, c. 1021.]" He went on to say that, ultimately, the courts would decide the definition of such tests and whether it was a question of irresponsible lending or of unfairness. Can he confirm that the definition will be decided by the courts, not the OFT, and that the OFT’s guidance will ultimately have no legally binding effect on rulings?