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Lord Fox (LD)

Speaking in the House of Lords on 15 September 2026

Debate

Commercial Payments Bill [HL]

Contribution

My Lords, I shall move Amendment 30 and speak to Amendments 31, 32, 43, 44 and 45, which sounds daunting but they are all the same amendment. These amendments are in my name, and I am happy to say that they have been countersigned by the Minister. The effect of these changes would be to remove the requirement for the Small Business Commissioner to use UK turnover alone when making an adjudication. I thank the Minister for his contribution to this. There may well be cases where it is appropriate for UK activity only to be the basis for any fine—in fact, in most cases that will be the case—but there may be others where a broader turnover is appropriate; for example, where a company’s accounting practices effectively shrink UK turnover in order to shrink a penalty. In these cases, we need to give the Small Business Commissioner the power to prevent avoidance through profits-shifting and turnover-shifting. In Committee, I used the example of the Digital Markets, Competition and Consumers Act 2024, which makes the same point and puts in place a different solution. Removing the UK from the description of how the Small Business Commissioner calculates any sanctions or giving that option to the Small Business Commissioner would give flexibility for the commissioner to pitch the right sanction to an errant business. For that reason, I beg to move Amendment 30.

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