The Government's commitment to increasing access to published research findings and its desire to achieve full open access are welcomed in this report from the Business, Innovation and Skills Committee. However, whilst Gold open access - where authors publish their articles in an open access journal that provides free immediate open access to all of its articles on the publisher's website - is a desirable ultimate goal, focusing on it during the transition to a fully open access world is a mistake. The Government and Research Council UK should reconsider their preference for Gold open access during the five year transition period, and give due regard to the evidence of the vital role that Green open access and repositories have to play as the UK moves towards full open access. (Authors opting for Green open access publish in any subscription journal, and then make their peer-reviewed final draft freely accessible online by self-archiving or depositing the article in a repository (either institutional or disciplinary) upon acceptance for publication.) Other recommendations include: promotion of standardisation and compliance across subject and institutional repositories; mitigation against the impact on universities of paying Article Processing Charges out of their own reserves; introduce a reduced VAT rate for e-journals; non-disclosure clauses should not be used in publishing contracts that include the use of public funds; BIS must review its consultation processes to ensure that lessons are learned from the lack of involvement of businesses, particularly SMEs, in the formation of open access policy
The Government's draft Consumer Rights Bill has the potential to consolidate, simplify and modernise consumer law however issues and inconsistencies must be resolved. The current proposals would apply a statutory right that services under a contract must be provided with reasonable care and skill [a fault-based standard]. This does not provide sufficient consumer protection. The Draft Bill should require that services must achieve the stated result, or one which could be reasonably expected [an outcomes-based standard]. As the Bank of Ireland case demonstrated, the right to terminate a contract does not necessarily protect consumers from detriment. This report recommends an addition to the grey list - the indicative list of contract terms which may be regarded as unfair. The Government's proposals for enhanced consumer measures, which would require traders that have breached consumer law to compensate consumers, are welcome. However, private enforcers should also be able to use them. The collective proceedings regime has the potential to improve access to redress for victims of competition law breaches but the Government must clarify the certification requirements for such proceedings. The creation of rights and remedies for digital content is welcome, but the Government must do more to communicate how the proposals will work in practice. Under the draft Bill, the remedies available to consumers of digital content would depend on whether the content is intangible (such as a music download) or tangible (such as a CD). In appropriate circumstances, consumers should have the right to reject and obtain a refund irrespective of whether they purchase intangible or tangible digital content
The rapid expansion of the payday loan sector has been accompanied by a significant increase in the number of people experiencing serious debt problems which suggests people should think carefully before taking out such loans. Furthermore the number of payday loan adverts seen by 4-15 year olds has increased from 3 million in 2008 to 596 million in 2012. The Committee's recommendations include: all payday loan companies should be required to resubmit their affordability tests to the FCA for approval before they can continue in the sector and the FCA should make clear that if real-time data sharing has not been established by July 2014 it will mandate its use as a condition of trading in the sector; a limit should be set of one roll-over per payday loan; Payday lenders should be required to give 3 working days notice before using a continuous payment authority [CPA] and each notice should set out the right of a customer to cancel the CPA; the FCA should discuss with the Information Commissioners Office how texts on payday loans could be disaggregated to identify the extent of bad practice and if this evidence base demonstrates inappropriate targeting or marketing, the FCA should move to ban all brokering of payday loans through email, texts and other personal mobile devices; when payday loans come under the authority of the FCA, they will be subject to a levy which should be ring fenced by the Money Advice Service solely for the funding of front-line debt advice services
The Committee calls for a wholesale review that goes beyond the administration of business rates to examine whether retail taxes should be based on sales rather than the rateable value of a property; whether retail needs its own system of business taxation; and how frequently revaluations should take place. In the interim, the Committee calls for a six months business rates amnesty for businesses occupying empty properties. This would go further than the 50% reduction announced in the Autumn Statement and would encourage new businesses to the High Street. The Committee also recommends that in the interim the Government review whether business rates are more appropriately linked to CPI or RPI and calls for annual increases to be linked to a 12 month average of either RPI or CPI, with a cap at 2%. This would replace the current link to a monthly snapshot of RPI. The Government should provide information on how and how much of the money allocated to the Portas Pilots is being spent. This follows concerns that much of the money allocated to the pilots has not been spent. The Government is also urged to outline the results of its latest STEM skills analysis and outline the action it will take to tackle any skills shortages. The retail sector also needs to encourage more staff to be trained at Apprenticeship Level 3 and above, and consider developing language skills to enhance the international consumers' experience
The Government's draft Consumer Rights Bill has the potential to consolidate, simplify and modernise consumer law however issues and inconsistencies must be resolved. The current proposals would apply a statutory right that services under a contract must be provided with reasonable care and skill [a fault-based standard]. This does not provide sufficient consumer protection. The Draft Bill should require that services must achieve the stated result, or one which could be reasonably expected [an outcomes-based standard]. As the Bank of Ireland case demonstrated, the right to terminate a contract does not necessarily protect consumers from detriment. This report recommends an addition to the grey list - the indicative list of contract terms which may be regarded as unfair. The Government's proposals for enhanced consumer measures, which would require traders that have breached consumer law to compensate consumers, are welcome. However, private enforcers should also be able to use them. The collective proceedings regime has the potential to improve access to redress for victims of competition law breaches but the Government must clarify the certification requirements for such proceedings. The creation of rights and remedies for digital content is welcome, but the Government must do more to communicate how the proposals will work in practice. Under the draft Bill, the remedies available to consumers of digital content would depend on whether the content is intangible (such as a music download) or tangible (such as a CD). In appropriate circumstances, consumers should have the right to reject and obtain a refund irrespective of whether they purchase intangible or tangible digital content
Government response to the Committee's third report of session 2010-11, fifth report of session 2010-12, report, together with formal minutes and appendices
Government response to the Committee's third report of session 2010-11, fifth report of session 2010-12, report, together with formal minutes and appendices
This report from the Business, Innovation and Skills Committee concludes that while the Government has proposed a number of interventions which have the potential to help promote economic growth, it does not add up to a comprehensive growth strategy. The report highlights the fact that in the absence of clear performance measurements the Department for Business, Innovation and Skills' strategy runs the risk that economic success could mask failures in policy while economic hardship could overshadow excellent strategies or interventions. The report argues that different sectors of the economy have different requirements when it comes to government support and that the Department will have to develop a strong awareness of the needs of individual sectors and have the flexibility to react to them if we are to build capability across all sectors of the economy. While the Government's growth strategy appears to move in this direction, evidence from three sectors has shown that much work needs to be done. The banks' role in providing finance to business is crucial to the success of the economy. The report believes that the agreement struck between Government and the banks (Project Merlin) is a step in the right direction but the agreement must be shown to deliver real benefits to industry. If the economic recovery is to be sustained then both Government and banks need to move quickly from rhetoric to meaningful of support to the private sector.
the Government's proposed Adjudicator for the Groceries Code, ninth report of session 2010-12, Vol. 1: Report, together with formal minutes, oral and written evidence
the Government's proposed Adjudicator for the Groceries Code, ninth report of session 2010-12, Vol. 1: Report, together with formal minutes, oral and written evidence
The Commons Business, Innovation and Skills Committee calls for changes to the Bill creating an adjudicator for disputes between suppliers and retailers under the Groceries Code. Evidence was heard of some improvement in Code compliance, but there is evidence too of continuing difficulties, and of reluctance by suppliers to invoke their rights under the Code. The Adjudicator will provide protection for suppliers in the form of a cloak of anonymity and will have its own powers to investigate alleged bad practice and it is agreed that those powers are needed so that suppliers will feel more secure in coming forward. The Committee does not believe however that the Adjudicator needs powers to investigate proactively, without any supporting complaint. They do recommend widening the scope of the Bill to cover additional sources, allowing indirect suppliers such as farmers and trade associations - and whistleblowers - to put forward their own evidence of Code breaches that would spark an investigation by the adjudicator. They disagree with the introduction of fines and propose that fines be an available penalty from the start, not least so that the Adjudicator's performance can be judged on the basis of a full package of remedies. The report also makes a number of suggestions on how the issue of costs should be addressed, including an early review of the Adjudicator's performance
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