Contents

• Background
• Remit
• Membership
• Operations

BACKGROUND

The UK has used different models to provide for a consumer protection voice in the case of regulated industries. In some cases, the consumer interest is totally independent of the regulator - this is the case with Energy Watch in relation to Ofgem and with Post Watch in relation to Postcomm. While this model provides evident independence for the consumer body, it often tends to promote an antagonistic and confrontational relationship between the consumer body and the relevant regulator.

A different model has been used in the case of financial services and the Communications Act effectively replicates this model for broadcasting and telecommunications. So, while the Ofcom Consumer Panel is statutorily independent of the regulator, it is Ofcom which appoints the Panel members (subject to appproval by the Secretary of State) and Ofcom provides the venue, staffing, and funding for the Panel's work.

Sections 14-19 of the Communications Act concern "Functions for the protection of consumers". Sections 14 & 15 deal with conducting and publishing consumer research, while all the other Sections deal with the Consumer Panel.

Section 16(2) provides for the establishment and maintenance of the Consumer Panel

REMIT

Section 16(3) makes clear that the Panel is concerned with the interests of domestic and small business consumers in relation to 11 matters which can be summarized as follows:

• the provision of electronic communication networks
• the provision of services and facilities
• the supply of apparatus
• the supply of directories
• the financial and other terms on which such services, facilities, apparatus and directories are supplied
• the standards of service, quality and safety of such services, facilities, apparatus and directories
• the handling of complaints by companies providing such services, facilities, apparatus and directories
• the resolution of disputes between consumers and companies providing such services, facilities, apparatus and directories
• the provision of remedies and redress in respect of matters that are the subject of such complaints or disputes
• the information about service standards and the rights of consumers made available by companies providing such services, facilities, apparatus and directories
• any other matter appearing to the Panel to be necessary for securing effective protection for consumers

Section 16(5) makes it clear that the Panel is not able to give advice on any content broadcast or transmitted by electronic communications networks. This is the responsibility of the Content Board.

Equally the Panel is not concerned with individual consumer complaints which are a matter for Ofcom.

Section 19 provides that the Secretary of State can add to the remit of the Panel - subject to consulting Ofcom and obtaining Parliamentary approval for an Order-in-Council - but cannot reduce the remit.

The role of the Panel was characterised by the Joint Committee on the draft Communications Bill as to be "the conscience, not the creature, of Ofcom".

MEMBERSHIP

Sections 17(1) & 17(2) provide that all Panel members are to be appointed by Ofcom and approved by the Secretary of State (in practice, both the Secretaries of State for Trade & Industry and Culture, Media & Sport).

Section 17(3) requires that there be Panel members for England, Scotland, Wales and Northern Ireland and Section 17(4) requires that Panel members are able to give advice on the interests of rural users, urban users, small businesses, disadvantaged persons, those with low incomes, those with disabilities, and the elderly.

In fact, a Panel of 11 has been appointed: the Chair Colette Bowe, the Deputy Chair Ruth Evans and 9 other members:

• Fiona Ballantyne - the member for Scotland
• Roger Darlington - the member for England
• Simon Gibson - the member for Wales
• Graham Mather
• Kevin McLaughlin - the member for Northern Ireland
• Jeremy Mitchell
• Kate O’Rourke
• Bob Twitchin
• Allan Williams

• Older people: Colette Bowe
• Disabled people: Bob Twitchin
• People on low incomes: Ruth Evans
• People living in rural areas: Simon Gibson and Kevin McLaughlin
• People living in urban areas: Kate O’Rourke
• Small businesses: Nainish Bapna and Fiona Ballantyne
• Young people: Azeem Azhar
• Ethnic minorities: Nainish Bapna

OPERATIONS

The Panel meets monthly, usually at Ofcom Headquarters.

Sections 16(8) & 16(9) provide that Ofcom must supply the Panel with all the information it requires to fulfil its duties, unless that information is commercially sensitive.

Section 16(10) requires Ofcom to advise the Panel and other relevant parties if Ofcom disregards the advice or opinion of the Panel in whole or in part.

Section 16(6) provides that the Panel may commission its own research.

Section 16 (11) provides that the Panel must publish an annual report of its activities.

ROGER DARLINGTON

Last modified on 29 May 2006

Links:
Full text of the Communications Act click here
"An Introduction To The Communications Act" click here
"An Introduction To Ofcom" click here
Ofcom web site click here
Ofcom Consumer Panel web site click here
Memorandum of Understanding between Ofcom and Consumer Panel click here
Ofcomwatch weblog click here
CommsWatch weblog click here