John Mc Nally – 2016 Parliamentary Question to the Department for Business, Innovation and Skills

The below Parliamentary question was asked by John Mc Nally on 2016-01-14.

To ask the Secretary of State for Business, Innovation and Skills, for what reasons the remit of the proposed Small Business Commissioner does not include businesses in the construction industry; and if he will make a statement.

Anna Soubry

The Small Business Commissioner (SBC) will not consider a complaint which is covered by a statutory right to adjudication; or is within scope of an ombudsman, regulator or another public body.

We do not want the SBC to duplicate existing dispute resolution bodies or schemes, particularly where these are sector specific. Certain disputes arising under a construction contract are covered by a statutory right to adjudication under the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”).

The Government has announced its plans for taking forward a Post Implementation Review of the effectiveness of the “Construction Act” following amendments introduced in 2011 – alongside the review of the practice of cash retention in construction, and is very pleased that the Construction Leadership Council has agreed to oversee this.