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Companies Bill [HL]

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 992. This amendment, which relates to disclosure of information under the Enterprise Act 2002, will permit disclosure to be made for civil proceedings overseas. When the clause was considered in this House, it allowed for disclosure for civil proceedings within the UK only. However, it was agreed in Committee in another place to consider a proposal put forward by the Opposition to allow disclosure for overseas civil proceedings for intellectual property rights holders only. It was also agreed to consult further with interested parties to determine whether the disclosure provisions for overseas proceedings should be extended to business and consumers as well as IP rights holders. That was because the disclosure provisions in this clause have been drawn up on the basis that business and consumers are treated equally. In general, the majority of those we spoke to agreed with this view, although I recognise that the CBI has concerns. We have had a long debate on whether this gateway should be limited only to intellectual property rights holders. However, we support a more balanced approached in that consumers and business should have the information they need if they choose to seek cross-border redress. I stress that sensitive, competitive information will still be precluded from disclosure. The reason we decided to make this amendment to the Enterprise Act was because stakeholders, business enforcers and consumer groups told us that there was a problem. We listened to those views and acted accordingly. I hope that I can reassure noble Lords that we are continuing to speak to interested parties about how the secondary legislation will look. My officials will be meeting representatives of the CBI shortly to take forward these discussions. Moved, That the House do agree with the Commons in their Amendment No. 992.—(Lord Sainsbury of Turville.) On Question, Motion agreed to.