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The point about a “proportionate” response is relevant. In the original drafting of the Bill, the word used was “appropriate.” The Government changed that to “proportionate” on Report in this House, and the Lords have sought to reverse that change. What does the Minister think was disproportionate, if you like,...

Member
Damian Collins (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c178
House
House of Commons

We have engaged significantly, throughout the Bill’s passage and before it was introduced, with large tech and challenger tech. Our understanding is that all those cohorts are happy with where the Bill is today. Certainly, during that engagement, concerns were raised about the term “appropriate,” but the clear position that...

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c178
House
House of Commons

It is clearly important that we understand what “proportionate” means in this context. Is the Government’s position that proportionality implies that there is more for the CMA to think about than just how effectively the imposition of a conduct requirement would fulfil the CMA’s requirements? If so, what can the...

Member
Jeremy Wright (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c178
House
House of Commons

My right hon. and learned Friend will know from his legal background that the term “proportionate” is well established in law. Of course, the courts play an important part here. We do not prescribe everything in our legislation; there is quite rightly the opportunity for people to challenge certain decisions...

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c179
House
House of Commons

The Minister suggested that stakeholders were now satisfied with the Bill. I can tell him that there is concern about the change from “appropriate” to “proportionate.” The fear is that it will enable the courts to look more broadly, and will allow more scope for challenge than was intended when...

Member
John Whittingdale (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c179
House
House of Commons

It is not our intention. Our intention is to strike a balance. As I have said, the courts’ approach to proportionality was set out by the Supreme Court in Bank Mellat v. Her Majesty’s Treasury (No. 2), when the Court described the elements to be considered, including, most notably,

“whether a...

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 cc179-180
House
House of Commons

I am very grateful to the Minister for giving way. I know that we have debated this point before, and I will discuss it further in my contribution, but I make the point again that there may be legislation, but it is not working. There have been only two prosecutions...

Member
Sharon Hodgson (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c180
House
House of Commons

It is not right to say that there have been only two prosecutions—

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c180
House
House of Commons

rose—

Member
Sharon Hodgson (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c180
House
House of Commons

I will just finish this answer. There have been two sentences. Two people got a £6.1 million fine. There were four more successful prosecutions in Leeds Crown court only very recently, and sentence is due to be imposed on those individuals. The hon. Lady raises important points, and did great...

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c180
House
House of Commons

The Government claim that they are doing enough, but that is just not the case. Here is an example for the Minister: on secondary ticketing sites, three tickets for the Taylor Swift show on 21 June are going for £72,000. They had a face value of £170 each. How is...

Member
Baroness Keeley (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c180
House
House of Commons

I agree that some of the examples are shocking. The key question is what measures we will put in place to address them. Ireland, for example, completely banned secondary sales, yet the prices seen

on the internet are equivalent to what the hon. Lady describes, so there is no perfect...

Member
Kevin Hollinrake (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 cc180-1
House
House of Commons

First, I pay tribute to my much-loved neighbour, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), who led for Labour during the last round of proceedings on the Bill, and to my hon. Friend the Member for Feltham and Heston (Seema Malhotra), who led for us when the Bill...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c181
House
House of Commons

Will the hon. Gentleman give way?

Member
John Whittingdale (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c181
House
House of Commons

Of course I will, to the right hon. Gentleman—another gentleman for whom I have a great deal of respect, and with whom I occasionally disagree.

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c181
House
House of Commons

I just wonder whether the transformation that the hon. Gentleman describes, which occurs when somebody moves from the Back Benches to the Front Bench, applies equally to the Opposition and the Government.

Member
John Whittingdale (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c182
House
House of Commons

The right hon. Gentleman knows more about bobbing between the Back Benches and the Front Bench than most Members of Parliament in history, I think. It is obviously a problem; I do believe in shared responsibility of Government—we want Governments to act as a single body, and not irresponsibly—so I...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 cc182-3
House
House of Commons

How would a tribunal consider the appropriateness of a CMA intervention without considering the detail and merit of it?

Member
Jeremy Wright (Conservative)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c183
House
House of Commons

The point is that either the change is necessary because a new and different measure is being adopted by the Government, in which case it is a lower threshold and therefore inappropriate, or the change makes no difference whatsoever, in which case it is unnecessary. The normal standards for deciding...

Member
Chris Bryant (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 cc183-5
House
House of Commons

Will my hon. Friend give way?

Member
Sharon Hodgson (Labour)
Type
Proceeding contributions
Date
30 April 2024
Reference
749 c186
House
House of Commons