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Consumer Credit Bill

I have always believed that, in a debate, one should listen to the argument first. I stick to that principle, and I hope that the Minister will understand why. Lords amendment No. 4 relates to clause 50. I am sure that hon. Members realise that the Government are seeking to leave out from the word ““against”” to the word ““in”” in page 42, line 21, and insert the words"““the officer, the enforcement authority of which he is an officer or the OFT””." I suspect that hon. Members who, like myself, have not been familiar with the Bill for long would wonder what that meant. Lords amendment No. 4 is a clarifying amendment, designed to ensure that clause 50 will achieve what is intended. One would assume that the Government would have done that in the first place, but that is not always the case, as I am sure my hon. Friend will recognise. Clause 50 deals with officers of enforcement authorities other than the OFT. Proposed new section 36F(2) of the Consumer Credit Act 1974 will make the OFT responsible for the actions of those officers, while they are fulfilling their duties under proposed new sections 36C and 36D, as the Minister said at the beginning of the debate. However, proposed new section 36F(3) disapplies that provision in the case of criminal proceedings against an officer or the enforcement authority—that is, the OFT will not be responsible in those instances. As originally drafted, proposed new section 36F(3) did not specifically refer to an instance where proceedings are brought against the OFT itself as a result of the actions of such an officer. Lords amendment No. 4 includes that situation for the purposes of clarification. Again, the principle that underlies the Bill is welcome—it will introduce some clarity—but can the Minister give an assurance that, in his opinion, it contains no other instance of a similar lack of clarity about the respective roles of the OFT or any other agency? I look forward to hearing his reply, and I certainly want to ensure that it is on the record. In Committee, the Minister suggested that the other enforcing authorities likely to carry out such activities on behalf of the OFT were most likely to be local authority trading standards officers. He went on to give an assurance that that work could not, and would not, be subcontracted out to other organisations or, for that matter, to the private sector. Can he repeat that reassurance? It was only a suggestion, as far as I can see from the record. Can he advise us about what statutory restrictions are in place to prevent the contracting out of those duties to inappropriate organisations or authorities?