The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026
I beg to move, That the Committee has considered the Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026 (S.I., 2026, No. 1075). The order was laid before the House on 12 October. Colleagues will know that on Monday 5 October 2026, BT Group plc announced that it had acquired TalkTalk Telecom Group out of administration. As has been widely reported, TalkTalk had been seeking a buyer for its consumer and wholesale businesses for some time, but no deal was reached. TalkTalk has been responsible for, among other things, running telecare services to vulnerable customers. This created potential risk to life, in addition to potentially serious disruption to the continuity and stability of our telecommunications supply, with impacts on livelihoods, the wider economy and national security. That is why, following the announcement that BT and TalkTalk were to merge, I intervened to ensure that the Government act proactively to prevent any sudden disruption to these vital broadband and phone services, affecting millions of people. On 5 October, I issued a public interest intervention notice under the Enterprise Act 2002. This begins a process in which the Competition and Markets Authority investigates the sale and reports back to me on the effects of that sale on competition. I can then weigh up those considerations against other considerations, specified in the public interest intervention notice, before deciding whether the merger must be considered further or can proceed. The considerations that I specified in the public interest intervention notice of 5 October were, first, the need to maintain in the United Kingdom the capability to combat and to mitigate the effects of public health emergencies and, secondly, the need to maintain in the United Kingdom continuity of the supply of telecommunications services, for the purposes of preventing disruption to the economy and society of the United Kingdom, including, in particular, disruption to public services, critical national infrastructure and supply to customers who are or may be vulnerable. The first of those, relating to public health emergencies, is already specified in section 58 of the 2002 Act, whereas the second, relating to the need to maintain continuity of the supply of telecommunications services, is a new consideration, which I believe ought to be specified in the Act. If Parliament agrees, this will allow me to consider, alongside the effect on competition, the impact on society and the economy of widespread or significant <span id="4" class="column-number" data-column-number="4"></span>prolonged disruption to connectivity. I believe it is right to consider the potential for disruption that would affect businesses, work and Government services and result in significant difficulties across the country. I also believe that Government must be able to fully consider the impact on vulnerable people, such as those who rely on telecare services, people with disabilities and health conditions, older people and people dependent on communication services to access emergency assistance. I believe that our legislative framework should reflect the importance of telecommunications in society and allow us to guard against the serious consequences that widespread disruption of this kind could have. In this age above all, the resilience of the public services that we all rely on, on which lives, livelihoods and critical national infrastructure depend, must be taken seriously by Governments across the world, and we intend to live up to that responsibility. The Competition and Markets Authority has now reported to me with an assessment of competition considerations and a summary of representations received on public interest considerations. In the coming days, I will consider its report alongside wider evidence on the public interest considerations, and on the basis of that evidence I will then decide whether to refer the case for a more detailed investigation on competition or public interest grounds, or both, or to clear the transaction without further investigation. The Government are committed to promoting competition in the broadband market as a route to protecting customers and driving investment. However, we also believe it is right to ensure that we have the ability to protect the public by stepping in in circumstances in which we believe it is necessary to prevent disruption to vital public services. By taking seriously our responsibility to safeguard the infrastructure that we depend on to keep us connected, we are enabling people to live their lives and keep working, and protecting our families, our communities and our country. I commend the order to the Committee.