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Digital Economy Bill [HL]

My Lords, although consumer protection is a necessary and serious issue, I do not think this proposed new clause is needed, because the rights of consumers are extensively covered. I will not reply to the technical nature of the contribution made by the noble Earl, Lord Erroll, because I do not think that would be an appropriate use of time. I understand the points that he made, having worked at some time in my life on some of that network. I want to address the underlying concern. Communications providers are required by Ofcom to establish procedures for handling complaints from consumers where they feel that they are not receiving adequate service. Failure to implement an adequate complaints procedure is actionable by Ofcom. I understand the point made by the noble Earl. It can be difficult for ordinary consumers to try to pinpoint where the blame lies and to get the appropriate action taken, but if it is not being handled correctly by the service providers, and if they have not got an adequate complaints procedure, that is actionable by Ofcom. If the complaint cannot be resolved within the consumer complaint procedures, consumers are able to file an application with two independent alternative dispute resolution schemes. These are Otelo and CISAS, and do not ask me to explain those acronyms. These schemes can investigate the circumstances of a complaint and make a judgment that is binding on the provider, but not the consumer, who is always free to pursue separate legal action should satisfactory resolution not be possible. Ofcom has also taken steps to promote competition and improve the incentives of providers to invest in and maintain broadband infrastructure, including by creating a competitive environment that allows investors who see a case for investing in networks to do so, and ensuring that consumers can make informed choices regarding services and providers, including publishing research on broadband speeds, which was one of the major concerns expressed by the noble Earl, Lord Erroll. The incentives provided by competition should help to eliminate poor service levels for consumers since they will be free, subject to any minimum contract term, to move to another provider offering higher levels of service. The UK has a healthy market for broadband provision, with a wide range of providers offering retail services. Complaints about the absence of supply were the reason for the Government’s universal service commitment, which aims to deliver a minimum level of service at 2 megabits per second to virtually every community in the UK by 2012, including rural areas. The amendment asks Ofcom to establish a scheme to deal with complaints, faults and requests regarding broadband and its associated data- and signal-carrying cables. Whatever the problems, getting Ofcom to handle this cannot be the right way. It would not even be the direct service provider. This would be a good example of extending the powers of Ofcom in a direction which would not solve the problem. There are some problems, and I understand the points which the noble Earl, Lord Erroll, and the noble Lord, Lord Clement-Jones, are making, but this is not the right solution. As I say, there are already facilities for consumers who want to complain, and Ofcom already has the power to take action if the complaints procedure is not adequate. In the light of that explanation, I urge the noble Earl to withdraw the amendment.