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Postal Services Bill (HL) 2008-09

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Postal Services Bill (HL) 2008-09 (203)

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Our amendment in this group again looks at the scope of Ofcom's powers. Clause 44 gives the regulator the power to impose a condition requiring the postal operator to give access to another operator not just to services within the scope, which is understandable, but also to an operator's infrastructure....

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c75
House
House of Lords

Clause 39: Review of costs of universal service obligation Amendment 89N 89N: Clause 39, page 22, line 8, leave out "may from time to time" and insert "shall"

Member
Lord Clarke of Hampstead (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c48
House
House of Lords

Having dealt with paragraph (b), I turn to the interaction between that paragraph and paragraph (c). Paragraph (b) sets more or less objective criteria on which a service falls within the scope. Paragraph (c) allows Ofcom to assess whether a service falls within the scope on the basis of its...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c13-4
House
House of Lords

In moving Amendment 89N, I shall also speak to Amendments 89P and 93B. Amendment 89N is straightforward. It would delete the words, ""may from time to time"," in line 8 on page 22. Amendment 89P would add, at the end of line 10, the words in the Marshalled List. I...

Member
Lord Clarke of Hampstead (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c49-50
House
House of Lords

Securing the provision of the universal service is, as we have discussed on a number of amendments, at the heart of the Bill. Clause 37 provides for general universal service conditions and recognises that to secure the provision of the universal service it may not be sufficient to impose conditions...

Member
Lord Carter of Barnes (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c21-2
House
House of Lords

Although the amendment draws an important distinction between courier services and postal services, a distinction which may be worth exploring further at a later stage, in the context of the proposal to widen the scope of regulation, we have reservations. The law already requires a registered and insured service to...

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c72-3
House
House of Lords

Clause 36: Services within scope of the universal postal service Amendment 89A 89A: Clause 36, page 21, line 12, leave out "at an affordable price"

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c11
House
House of Lords

The Minister has provided clarity and reassurance. I would now like carefully to consider all the points that he has raised. In the mean time, I seek leave to withdraw the amendment. Amendment 101 withdrawn. Schedule 9 agreed. Clauses 57 to 59 agreed. Schedule 10 : Minor and consequential amendments...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c100
House
House of Lords

Amendments 103 to 109 103: Schedule 10, page 82, line 34, at end insert— "26A In section 95 (power to acquire land etc), for "universal service providers" substitute "postal operators"." 104: Schedule 10, page 83, line 12, at end insert— "(2A) In subsection (2), for "the Commission" substitute "OFCOM"." 105:...

Member
Lord Carter of Barnes (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c100
House
House of Lords

Clause 45: Consumer protection conditions Debate on whether Clause 45 should stand part of the Bill. Clauses 45 and 46 establish a consumer protection scheme, which I understand expands on a scheme that has only recently been created under the Consumers, Estate Agents and Redress Act 2007. I sympathise completely...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c88
House
House of Lords

I am very grateful to the Minister for his clarification, which I will carefully consider. In the mean time, I beg leave to withdraw the amendment. Amendment 95E withdrawn. House resumed.

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c75
House
House of Lords

As the noble Lord says, the amendment would reduce or limit Ofcom’s ability to impose access conditions on certain types of postal operators by removing the reference to postal operators’ infrastructure from the general access conditions. In the Government's view, the amendment is not necessary and could be contrary to...

Member
Lord Carter of Barnes (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c75
House
House of Lords

Our amendment explores the situations when a general access condition might be imposed. It appears from conversations with Ofcom that it envisages such a condition being imposed in two circumstances. The first is when it wishes to impose an access condition on the universal service provider, but in relation to...

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c86-7
House
House of Lords

Amendment 95F 95F: Clause 44, page 26, line 1, after "them" insert "that the postal operator has significant market power and"

Member
Lord Hunt of Wirral (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c86
House
House of Lords

Clause 43: Essential conditions Amendments 95B to 95D 95B: Clause 43, page 25, line 23, leave out "the purpose of" and insert "any one or more of the following purposes" 95C: Clause 43, page 25, line 26, leave out "or" 95D: Clause 43, page 25, line 27, at end insert—...

Member
Lord Carter of Barnes (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c74
House
House of Lords

The amendment deals with appeals. The Bill follows the revision of common rules for postal services, directive 97/67/EC by virtue of directive 2008/06/EC. It also rationalises the national regulatory arrangements by appointing Ofcom as the national regulatory authority. Under the three relevant Acts—the Competition Act 1998, the Enterprise Act 2002...

Member
Lord Cotter (Liberal Democrat)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c94
House
House of Lords

Amendment 96A 96A: After Clause 48, insert the following new Clause— "Appeals to the Competition Appeals Tribunal (1) This section applies to— (a) any decision by OFCOM under this Part (other than a price control decision within the meaning of section 48(10)); and (b) a determination by the Competition Commission...

Member
Lord Cotter (Liberal Democrat)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c93-4
House
House of Lords

I beg leave to withdraw Amendment 96B. Amendment 96B (to Amendment 96A) withdrawn. Amendment 96C (to Amendment 96A) not moved.

Member
Lord De Mauley (Conservative)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c97
House
House of Lords

Schedule 7: Enforcement of regulatory requirements Amendments 99 and 100 99: Schedule 7, page 59, line 27, after "89A" insert "or 116(2A)" 100: Schedule 7, page 59, line 28, after "services" insert ", and the Postcode Address File" Amendments 99 and 100 agreed. Schedule 7, as amended, agreed. Clause 50...

Member
Lord Tunnicliffe (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c97
House
House of Lords

I beg to move Amendment 96ZB. In doing so, I will also speak to the other amendments in the group standing in the name of my noble friend the Secretary of State. This group of amendments relates to appeals against price control decisions. The first amendment removes a power for...

Member
Lord Carter of Barnes (Labour)
Type
Proceeding contributions
Date
27 April 2009
Reference
710 c91-2
House
House of Lords