Appeals Reform In The Communications Sector

EDM number 792 in 2014-15, proposed by Michael Crockart on 11/02/2015.
Categorised under the topic of Administration of justice.

That this House notes that Ofcom is currently subject to a full merits appeals regime in the Competition Appeal Tribunal which goes significantly beyond the requirements of EU law; is concerned that the current regime results in almost every major decision being challenged in costly and often lengthy proceedings; acknowledges that the current system works in favour of incumbents and against newer entrants, challengers, downstream businesses and consumers, by allowing incumbent operators to use litigation to frustrate the promotion of effective competition; recognises that this results in the creation of a second regulator which re-examines decisions in great detail; further notes the inconsistencies in Ofcom's appeals regime as the Postal Services Act specified that appeals against Ofcom decisions should be made by judicial review and acknowledges that modern judicial review is the standard by which most decisions by public and regulatory bodies in the UK are judged; agrees that as a regulator Ofcom should be held to a high level of scrutiny and challenge as it reinforces market confidence in the regulator's decision-making and ensures that standards are kept high; believes, however, that the current regime goes beyond what is required and can prevent Ofcom from being effective as a regulator; further believes that an effective appeals system in this area must be built around the concepts of materiality and fairness; and calls on the Government to reform the appeals system in the communications sector to ensure long-term effective competition in communications markets.

This motion has been signed by a total of 7 MPs.