Seema Malhotra
MP for Feltham and Heston · Labour (Co-op) · United Kingdom
“Public sector productivity is improving, with the latest Office for National Statistics figures showing output continuing to grow faster than inputs, and Departments being challenged to improve efficiency and modernise outdated processes.”
“I was proud to support the Feltham Convening Partnership’s young leaders summer programme last month. What struck me was their ambition for themselves and their community, as well as their call for more work experience opportunities.”
“We will be working to commence the socioeconomic duty on public bodies in section 1 of the Equality Act to require public authorities to put addressing socioeconomic disadvantage at the heart of their strategic decision making. There will be more on that to follow. Let me again thank my hon.”
“For generations, the message to those who want to enter public life or elite professions has been that if they want to get on, they must sound like everybody else. When Margaret Thatcher became leader of her party in the 1970s, she famously underwent intensive elocution lessons with a tutor from the National Theatre.”
“Whether a young person chooses a degree or a trade, their journey must be determined by merit and their potential—never by whether they have to change their voice or pretend to be someone else to fit in.”
“Interestingly, studies also regularly show that regional accents such as Welsh or Yorkshire are rated by the public as trustworthy, warm and honest. Yet when those same studies measure perceived intelligence or employability, standard southern English and received pronunciation invariably top the metrics.”
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“The purpose of the clause is to prevent traders adopting practices that would deliberately hinder a consumer exercising their rights to exit a subscription contract. It is a welcome clause, which should tackle the practice of, as the explanatory notes set out, requiring consumers to phone a call centre, complete a long form, or complete a survey of their reasons for exiting—all those things are barriers to the consumer making the decision to exit the contract. Those are unnecessarily onerous cancelling terms, and could lead to consumers not cancelling a subscription when they need to. Sometimes that could also be because people are short of time or they may not be able to do everything in one moment. It should be as easy to exit the contract as it is to enter it.”
“Under the clause, the reminder notice must be given to the consumer between three and five working days before the last cancellation date, meaning the last day on which the consumer can end the contract and avoid becoming liable for the next renewal payment. The Opposition welcome the timeframes, including that for a 12-month subscription contract, as giving the consumer sufficient time to decide whether they still want their subscription contract to continue and, if necessary, to cancel the contract before a renewal payment is due. Clause 252 introduces provisions imposing on traders an obligation to put in place arrangements to enable consumers to end a subscription contract in a single communication and without having to take any unreasonable steps.”
“Clause 250 covers reminder notices. Alongside clause 251, it has the effect of requiring traders to issue written reminder notices to consumers explaining that a subscription contract is going to continue, and a renewal payment will fall due unless the consumer takes steps to end it. Those reminder notices would not need to be issued more frequently than once every six months, which we welcome as a timeframe allowing for informed consumers without causing undue annoyance. The first reminder notice must include the first renewal payment, for which the consumer will become liable under the contract, and each subsequent renewal payment. We welcome the clause, and I will further discuss ensuring that consumers are not locked into subscriptions in the provisions to come. Clause 251 sets out the timing and content of the reminder notices.”
“Clause 249 introduces provisions requiring traders to ensure that the final step consumers take when entering into an online contract involves the consumer expressly acknowledging that the contract imposes an obligation on them to make payments to the trader. This clause and clause 248 are vital in ensuring consumers are informed before choosing to enter into a subscription—a minimum requirement for ensuring effective consumer protection in this area. The Opposition welcomes how, if the trader does not comply with that requirement, the consumer would not bound by the subscription contract. In addition, traders would be required to give consumers additional information on whether there are any restrictions on the delivery of the product to be supplied under the contract, and which means of payment would be accepted for the contract.”
“Schedule 20 on pre-contract information and reminder notices sets out information that is required for traders to give to consumers before entering into a subscription contract. Among other things, it would require traders to provide information on how often payments will be taken, to provide consumers with a pro-rata cost per month, to state the minimum total amount for which a consumer would be liable under the contract, to outline how the consumer could exit the contract, and to provide a summary of the consumer’s right to cancel the contract and of the right to cancel the contract within a renewal cooling-off period. The schedule is necessary for giving consumers the chance to have that information before entering into a subscription contract. We welcome its inclusion in the Bill.”
“Clause 248 introduces provisions requiring traders providing a subscription contract to give consumer information as set out in schedule 20, which I will say a few words on shortly. We very much welcome this clause as necessary in ensuring consumers are as informed as they possibly can be before entering into a subscription contract. I just ask the Minister to expand on subsection (2) It sets out that the information must be provided “as close in time to entering into the contract as is practicable”. I would welcome clarification on that requirement. Under that provision, exactly when would the Minister expect a time as close to entering into the contract to be practicable?”
“Clause 254 sets out that the trader must comply with certain terms in every subscription contract they enter into, and various information is given about what is expected. We welcome the inclusion of clauses 254 and 255 in the Bill. Question put and agreed to. Clause 254 accordingly ordered to stand part of the Bill. Clause 255 ordered to stand part of the Bill. Clause 256 Right to cancel during cooling-off periods”
“It specifically empowers the Secretary of State to make provision on the exercise of the rights of a consumer to cancel a subscription contract, the consequences that follow a consumer exercising such rights, and extending a cooling-off cancellation period in such cases and to such an extent as the regulations may specify. We recognise the need for flexibility in this new subscription contract regulatory regime, and thus the flexibility to future-proof the regime, dealing with circumstances as they arise. We support this clause as well. Question put and agreed to . Clause 256 ac c ordingly ordered to stand part of the Bill . Clauses 257 to 259 ordered to stand part of the Bill . Clause 260 Offence of failing to provide pre-contract information about initial cooling-off rights Question proposed, That the clause stand part of the Bill.”
“Clause 257 sets out the meaning of initial and renewal cooling-off periods, as well as the timescales for such periods. We welcome the clause and the clear definitions. Under clause 258, the trader would be required to give a consumer notice of each renewal cooling-off period. Again, we welcome that, the clarification of consumer rights in those periods and the provision of transparency to consumers. Clause 259 provides a delegated power for the Secretary of State to make further provision, by regulations, on the exercise of a consumer’s rights to cancel a subscription contract.”
“The clause gives the consumer the right to cancel a subscription contract without penalty during the initial cooling-off period and any renewal cooling-off period. That right, exercisable in any circumstances, cannot be subject to any restrictions or conditions imposed by the trader. The definition and timescales of cooling-off periods are defined in later clauses. The clause is important to give consistency to the consumer about what rights they should expect in both initial and renewal cooling-off periods. We welcome the clause enabling the consumer to stop the renewal of a contract that may have renewed without them realising. I am also grateful to the Minister, for his response to amendment 113 and the questions posed by the hon. Member for Clacton.”
“Friend the Member for Pontypridd. As is clear in the explanatory note, the amendment “would make subscription traps offences ‘triable either way’, therefore bringing it in line with other similar offences in the Bill, for example for misleading actions.” The Minister has outlined another way in which he sees that as being consistent with how penalties are applied. We will not push the amendment to a vote. The most important thing is that there is consistency, and we will look again at what the Minister has said today.”
“While we recognise that it is important that traders have a right to a defence, I welcome the Minister’s assurances that this has been worked through and there is confidence that rogue traders will not be able to abuse that defence and argue their way out of criminal enforcement by claiming due diligence. Clause 262 would establish direct liability for company officers for offences committed by the body corporate in circumstances where it is proven to have been committed with the consent or connivance of a company officer or neglect on their part. We welcome the clause. Finally, clause 263 sets out how a person who commits an offence under clause 260 is liable on summary conviction to a fine. The Minister has outlined his response to that and it is helpful for me to briefly speak to amendment 128, tabled by myself and my hon.”
“Clause 260 creates an offence where a trader fails to provide the relevant information on a consumer’s initial cooling-off cancellation rights before entering into an off-premises subscription contract. That contract is defined in subsection (5) and could include contracts concluded by door-to-door sellers or traders using temporary high street stands. It is a welcome clause and an important way of increasing consumer protection, ensuring that all kinds of subscription contracts and not just those entered into online are regulated under the chapter. Clause 261 introduces a provision providing traders with a defence of due diligence to the offence laid out in clause 260. That defence enables the trader to prove that another person was responsible for the offence and that the trader took all steps to avoid committing the offence.”
“We support these amendments. Clause 273 provides an index of defined expressions in the clause. It is self-explanatory, and we support it.”
“Clause 270 makes consequential amendments to the specified sections of the Consumer Rights Act 2015 and will ensure that information given to consumers as part of the pre-contract information required under chapter 2 is treated as a term of the contract. In effect, traders would not be able to make changes to the matters covered by this pre-contract information without the agreement of the consumer. We welcome that provision. Clause 271 makes further consequential amendments to other legislation, and we support it. Clause 272 sets out general interpretations for this chapter, including definitions of “business”, “consumer”, “goods”, “trader” and “working day”. We support the clause and welcome its inclusion. Amendments 80 to 82 have the effect of expanding the definition of “durable medium” for the purposes of this chapter.”
“Clause 269 grants the Secretary of State a delegated power to make regulations in relation to how and when information or a notice required to be given by traders to consumers under chapter 2 may or must be given, what information notices given under chapter 2 must contain, what arrangements a trader must make under clause 252 to enable consumers to end contracts, and when a consumer may exercise such a right, specifying the period in which a trader must refund an overpayment. While the Opposition recognise the need for this delegated power, it is not clear to us why these regulations are being left to secondary legislation and are not on the face of the Bill. I would be grateful if the Minister could clarify that and the reason for the regulations being subject to the negative procedure.”
“Clause 267 introduces provisions regarding the application of this chapter. It sets out that if a trader were to choose the law of another country to govern a subscription contract but the contract has a close connection to the UK, chapter 2 would still apply. We welcome this common-sense clause, which enables the regime to be effectively enforced. Under clause 268, the Crown would be bound by the provisions in chapter 2 but would not be criminally liable as a result. It would be helpful for the Minister to clarify what those circumstances might be, so that we can understand the provision more clearly.”
“Does he not accept that in such circumstances, placing the burden of proof on the consumer is impractical, so there may need to be additional protections? Amendment 79 corrects a drafting error, so we support it. Clause 265 introduces provisions such that any term in a contract contravening the regulations in this chapter has no legal effect. We welcome the clause ensuring that traders are unable to work their way around these regulations and therefore support its inclusion in the Bill. Clause 266 clarifies that any rights the consumer may have under common law for breach of any term of a subscription contract are not limited by rights specified in this chapter. We welcome the clause ensuring that consumers are able to exercise both kinds of right in combination, providing ease for consumers.”
“While the Opposition recognise the need for a balanced burden of proof, I draw the Minister’s attention to the written evidence submitted by consumer group Which?, which states in relation to subsection (7): “We think this is unfair as it would create a disproportionate burden on consumers in situations where consumers cancel via means under the control of the trader. An example of this would be completing an online form, from the traders website, where no explicit confirmation has been given that the subscription has been cancelled.” Can the Minister outline, for the benefit of the Committee, what will happen in such cases, where the consumer must cancel through a means that cannot be easily used or saved as evidence of cancellation?”
“I welcome the speed with which we are moving through these clauses. Clause 264 specifies the timing and burden of proof for information and notices that are given under this chapter. For the electronic communication of notices or information, the clause makes it clear that delivery would be deemed instantaneous, even if the consumer does not receive the notice due to a reason beyond the trader’s control. Subsection (6) specifies that in a dispute as to whether any information or notice has been given to the consumer, the burden of proof would be on the trader. We welcome that provision. However, under subsection (7), the burden of proof would be on the consumer in any dispute regarding whether a notice to end a contract or cancel it was sent to the trader, or with regard to the timing of that notice.”
“On what basis does the Minister believe that the trader would need 30 days to put these arrangements in place? Would these arrangements not happen automatically as soon as the consumer enters the scheme? That is an important question for ensuring that the consumer is informed of their protections. Clause 281 would add chapter 3 of part 4 of the Bill to the list of enactments in schedule 3 of the Regulatory Enforcement and Sanctions Act 2008. We welcome the clause. Clause 282 introduces definitions for the purposes of this chapter. Similarly, we welcome the clause in providing the transparency, consistency and clarity needed.”
“Again, how will the Minister be able to safeguard against the trader passing this additional cost on to the consumer? Clause 280 sets out the information requirements attached to this chapter. Specifically, it sets out that, within 30 working days of the consumer’s first payment into the savings scheme, the trader must provide: “the name, address, telephone number and email address of the insurer or trustees responsible for protecting the consumer’s payments; where insurance arrangements are in place, the policy number for the policy under which the consumer’s payments are protected; where trust arrangements are in place, a copy of the trust deed under which the consumer’s payments are held.” It is a welcome provision, but will the Minister expand on the 30-day time period?”
“It would be helpful if he could clarify that. Does he feel that provision is tight enough in the Bill? Clause 279 applies in circumstances where a trader complies with the insolvency protection requirements in clause 277 by using a trust arrangement. It sets out how it must ensure consumer prepayments are held in a trust located in the UK. The consumer’s prepayments must also be held in a trust until either the funds have been redeemed or the payments have been returned to the consumer. Similarly to clause 278, the Opposition welcome this clause as providing greater protections under consumer savings schemes in circumstances where the trader becomes insolvent. I refer the Minister to subsection (7), which requires the cost of administering the trust to be paid for by the trader.”
“Under the Bill, an appropriate policy is one in which consumers are insured with cover for the refunding of prepayments held in the consumer’s account that have not been redeemed at the time of insolvency. The insurer must also be authorised by UK authorities. We welcome this clause, though I ask the Minister to expand on subsection (3), which requires the trader to “meet the costs of arranging and maintaining an appropriate policy” and explicitly inhibits traders passing that cost on to consumers. I would be grateful for two things. First, will the Minister explain how we can be confident that the trader will not find a way to pass on this additional cost to the consumer? Secondly, will the Minister confirm how quickly, in the event of insolvency, consumers can expect to have their prepayment refunded?”
“We obviously want to ensure that the consumer is as protected as possible in these contracts, so I would be grateful for a response from the Minister on that. Clause 277—“insolvency protection requirement”—introduces provisions regarding the event of a trader’s insolvency and covering the costs of returning to the consumer any protected payments at the time of the insolvency. We do welcome that, and it is important in the context of record levels of insolvencies. It is a particularly unstable period, and it is important for consumers to have protections. Clause 278 sets out what is understood to be an “appropriate policy” in the instance of a trader complying with the provisions in clause 277 by taking out an insurance policy.”
“Clause 276 introduces schedule 21, which sets out arrangements that are excluded from the scope of a consumer savings scheme contract. It includes regulated financial services activities, arrangements for the supply of utilities, a contract between a consumer and a trader where the trader’s turnover is less than £1 million per year, childcare voucher schemes, and package holidays . We welcome that exclusions might be necessary in cases where it is impractical for these regulations to apply. However, I would welcome some further clarification on paragraph 3 of the schedule to set out how contracts offered by small businesses are exempt. Is that in relation to wanting to have the right balance between smaller businesses and consumers?”
“Clause 274 introduces the definition of a “consumer savings scheme contact” for the purposes of this chapter. Specifically, the clause defines it as a contract under which the consumer makes payments to a trader, “the trader credits those payments to an account that is held by the trader for the consumer…and the payments credited to the consumer’s account provide a fund for the consumer to redeem as goods, services or digital content”. The definition forms part of new provisions introduced by this chapter which are important for protecting consumers who use consumer savings schemes, and we welcome this. Clause 275 defines other terms used in this chapter—and in clause 274—and we welcome the further clarity this brings.”
“Action is needed now to de-escalate the situation, as well as looking again at the international funding for the United Nations Relief and Works Agency, which is vital to support Palestinian refugees.”
“Reports from Jenin are shocking, particularly reports that medical teams are unable to get access to civilians in need. I support what the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), said about having steps towards a solution and an ending of Israeli settlements. The United Nations Office for the Coordination of Humanitarian Affairs reports there have been at least 570 attacks by settlers against Palestinians in the west bank this year, which is an average of three attacks a day. What is the Minister doing, in discussions with her counterparts, on tackling Israeli settler violence, as well as on the issues faced because of new Palestinian militant groups?”
“My hon. Friend is making a powerful speech. Does she share my concerns that the Bill will weaken our voice on the international stage in tackling human rights abuses? It will enable many regimes with appalling human rights records, or companies that have track records of labour law violations or environmental recklessness, to continue without consequence, including where those abuses are incompatible with international law.”
“I congratulate my hon. Friend on securing the debate. Does she agree that it is a wake-up call when children tell their mums they are afraid to walk home through the high street after school? That is taking away their childhoods.”
“My hon. Friend is being generous in giving way. Does she agree that when residents contact us, contact the police and contact others for help, they have the feeling that the answers are there but those who should be helping them—local authorities and the police in particular—are not responding and not joining up to ensure swift action and cutting this off so that residents and communities can live in safety?”
“Does my hon. Friend agree that the way in which the cuts took place and police were taken from our communities has had an impact on the relationship between the police and our residents? The loss of knowledge of people, their lives and communities, and those in our schools, has had an impact on that trust and familiarity, which go such a long way to preventing crime and giving reassurance.”
“Does my hon. Friend agree that the way our police and local authorities work with other organisations, such as No Shame in Running, run by Garvin Snell, and Project Turnover, working with children on the very edge of crime, is really important, and that our institutions must have the capacity to support those who do such frontline work in our communities?”
“The Competition and Markets Authority published the green claims code in September 2021. It has also been investigating the sustainability claims of major household brands, and how products and services claiming to be eco-friendly are marketed. This is a newer area, and as we move towards achieving our net zero targets it is going to become increasingly important to how the marketplace is defined. It is important to know and be ahead of where consumers might be being misled. Some of the work in the run-up to COP26 and since has been welcome, but we cannot take our foot off the accelerator.”
“EU proposals for the green claims directive outline that before companies communicate any of the covered types of green claims to consumers, any such claims would need to be independently verified and proven with scientific evidence. As part of scientific analysis, companies would identify the environmental impacts that are actually relevant to their products, as well as any possible trade-offs, in order to give a full and accurate picture. There have been calls to review how comparisons between products and organisations should be made, based on equivalent information and data. There have also been calls to look at regulating environmental labels, outlining the fact that there are over 230 different labels, which, according to evidence, leads to consumer confusion and distrust.”
“Ultimately, legislation to regulate claims that businesses in Europe can make in their consumer communications would come into force, as is already the case in France. A European Commission study in 2020 highlighted that 53.3% of examined environmental claims in the EU were found to be vague, misleading or unfounded, and 40% were unsubstantiated. This policy issue has highlighted the absence of common rules for companies making voluntary green claims, which, in a sense, leads to greenwashing. The uneven playing field in the market is to the disadvantage of genuinely sustainable companies. It also has an impact on how effectively consumers can make their purchase decisions.”
“This provision will ensure that the burden of proof regarding the accuracy of claims rests with the trader. In effect, claims must be based on evidence that can be verified by the court. The explanatory notes specifically mention environmental claims—sometimes referred to as greenwashing—and claims about the health benefits of goods as examples where substantiation of claims may be required. Greenwashing generally refers to claims made about the positive impact of a product or service on the environment that could be seen as misleading or untrue. This is a growing area of concern under competition law. We have not tabled amendments at this point, but it is an important area in this and other legislation. The Government and the EU have announced proposals to introduce new legal instruments to address alleged greenwashing.”
“Private designated enforcers must have regard to any relevant advice or guidance given by a primary authority. Could he perhaps illustrate that with an example of a primary authority within the meaning of subsection (7)(a) and a situation in which that may occur, so we are clear about the intentions for how the clause will be used? Clause 170, “Substantiation of claims”, will enable the court to require evidence from traders to substantiate the factual claims used in their commercial practices with consumers when an application for a consumer protection order has been made against those traders. Under subsection (3), it is for the court to decide whether any evidence provided is adequate. If the court decides that it is not, or if no evidence is produced, the court can determine that the claim is inaccurate.”
“Member for Sutton and Cheam about the process of becoming a private designated enforcer. However, I would welcome further clarification from the Minister of how he envisages the process of a private enforcer working in practice. I am not very clear on whether that is through an application or via the discretion of the Secretary of State; it would be helpful and important to clarify that point to ensure that clause 169 is effective in enabling private designated enforcers, so we can be sure we know who they may be in future, and to include enhanced consumer measures in an undertaking. The second condition, rightly, “is that the enhanced consumer measures do not directly benefit the private designated enforcer or an associated undertaking.” Will the Minister clarify some matters in relation to subsections (7) and (8)?”
“Clause 168 will provide a more robust consumer enforcement regime, helping to prevent companies from restructuring to avoid liabilities and ensuring that significant deterrents are in place to prevent companies from infringing regulations of the new regime. We support the clause. Clause 169, “Enhanced consumer measures: private designated enforcers”, sets out two conditions that must be met before enhanced consumer measures can be included in an undertaking either given to a private designated enforcer or given through the court via an application from a private enforcer. The first condition “is that the private designated enforcer is specified…in regulations made by the Secretary of State” to act as a private enforcer. In our debates on clauses 143 and 144, I raised questions with the Minister’s colleague the hon.”
“Subsection (6) defines two or more bodies corporate as interconnected bodies corporate “if one of them is a subsidiary of the other, or…if both of them are subsidiaries of the same body corporate.” Under the clause, a court would be able to make part or all of the order binding on other members of the group where the court considers it just, reasonable and proportionate to do so. The explanatory notes state that when considering whether to extend an order to another group member, the court might take into consideration whether the other member was the brains behind or benefited from the infringement, and whether the extension would help to ensure that financial penalties are paid.”
“The last thing that the Minister will want to see is the effective implementation of the regime, or confidence in it, being undermined because the courts cannot take on cases at speed when they might need to do so. I would welcome the Minister’s response on the issue of court capacity, support and resources. Clause 168 will introduce provisions such that when a court makes a consumer protection order against a corporate body that is or becomes a member of a group of interconnected bodies corporate, the court has a discretionary power to direct that the order is binding upon one or more other members of the same corporate group.”
“Clause 167 will allow convictions in criminal courts and findings in civil courts to be admitted in evidence for the purpose of proving that infringing conduct has occurred. The explanatory notes confirm that it will still be necessary to prove that the conduct harmed the collective interests of consumers. We recognise that these technical clauses are important for the implementation and operation of the new consumer protection regime enacted by this part of the Bill. We therefore support their inclusion. My hon. Friend the Member for Bermondsey and Old Southwark made a point about case numbers and court resourcing. We expect demand on the courts to increase.”
“It is a pleasure to serve under your chairship today, Dame Maria. I thank the Minister for his opening remarks. The Opposition recognise that clauses 165 to 167 are technical clauses. Clause 165 will provide the criteria to determine which courts within the UK have jurisdiction to hear and determine applications for consumer protection orders. It provides that where the respondent does not have a place of business in the UK, the appropriate court is where a relevant consumer is domiciled. This is a common-sense clause, and we support its inclusion in the Bill. Clause 166 will have the effect of enabling a consumer protection order made in a court in England and Wales, Scotland or Northern Ireland to have effect in each of the constituent nations of the UK. This is a technical clause that the Opposition support.”
“My question was more about how this all sits together, and whether the Government have an overall strategy, which I think is quite important. Finally, on the product safety review, it has been “about to be published shortly” for quite a long time. Is it coming shortly?”
“I thank the Minister for his comments relating to the calls from trading standards to strengthen the legislation, which I also support. Could the Minister perhaps clarify a couple of points? On greenwashing, my point was about how robust our regime will be in making sure that the green claims code, and how that is implemented, will be sufficient to ensure more compliance—either with the code or with any other ways in which we are going to be taking forward legislation on this—so that we do not have to do a lot more by way of enforcement. That would clearly not be the best outcome in the long term for consumers. Having the information up front and ensuring that labelling and other matters are much more robust is better than having challenges later on, with the associated costs of taking things through the courts.”
“Will the Minister clarify whether this would therefore be after a period of notices and whether there is a timeline in which it might be undertaken? If a business was not responsive, would the Minister expect relatively quick use of the powers in order to protect consumers and to deter any further consumer detriment? Also, is it the Minister’s intention that the powers are just for the CMA? Considering some of the discussion that we have been having in relation to trading standards, I wonder whether use of the powers may be open in the future to other enforcers.”
“This includes third parties with a connection to the UK—for example, UK nationals and residents, UK-established businesses, and businesses carrying on business in the UK or targeting UK consumers. The purpose of this notice would be to prevent serious harm to consumers where there has been or is likely to be an infringing practice. In effect, the notice would force the infringer or any third party to take down content that is harmful to consumers. Subsection (4) sets out what the directions could include: removing content from, or modifying content on, an online interface; disabling or restricting access to an online interface; displaying a warning to consumers accessing an online interface; and deleting a fully qualified domain name. Use of those powers has been described as a last resort.”
“Under subsection (8), a final infringement notice could require the enforcement subject to publish the notice and a corrective statement. I ask the Minister—again, in the interests of transparency—why this subsection says “may require” rather than “will require”. I ask in the interests of consistency and transparency for consumers, so I would be grateful for the Minister’s response. Clause 175 empowers the CMA to include in a final infringement notice enhanced consumer measures that it considers to be just, reasonable and proportionate. This clause is welcomed by the Opposition as an important part of the consumer protection regime. Under clause 176, the CMA will be able to issue an online interface notice to any person whom the CMA believes has engaged, is engaging or is likely to engage in a relevant infringement.”