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Tuesday 10 May 2016 1:33 pm

Pubs Code Adjudicator defends his appointment and announces new conflict of interest policy at BIS Select Committee meeting

By: Francesca Washtell

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The government's new Pubs Code Adjudicator (PCA) defended his appointment today and announced he would put in a conflict of interest policy to act as a check and balance to his role.

"I believe I can do the job fairly, lawfully and properly," Paul Newby told the Business, Innovation and Skills (BIS) Select Committee this morning.

"I've taken off my previous hat, I've thrown my previous hat away. I've got a new hat and new responsibilities," Newby added, when asked if his previous career working for big pubs companies, including Punch Taverns and Enterprise Inns, would have an impact on his ability to be objective in the newly-created adjudicator role. 

Read more: Pubs Code withdrawn after two drafting errors discovered

Newby, who has been working in the pub and pub property business for around 30 years, said he feels he has "[genuinely] seen it from all angles". 

He took up the role of PCA on 2 May for an initial term of four years and will be responsible for enforcing the Pubs Code – new legislation that will govern the relationship between large pub-owning businesses and tied tenants in England and Wales. 

Conflicts of interest

However, the committee said to Newby that it may seem like he "can't win" in his job as adjudicator, as the perception of conflict of interest means that whether he ultimately sides with either tenants or landlords in a given case could be called into question. 

Read more: Government to discuss "unworkable" Pubs Code with industry bodies

In response, he said the "perception of conflict" is something he needs and wants to address, by engaging with stakeholders and putting in a new conflict of interest policy.

"One of my duties will be to put in place a conflict of interest policy, in which an involvement that is deemed in accordance with the statutory provisions as a conflict, will be dealt with."

However, Newby did not give any further information about what the conflict of interest policy would look like or who would carry out adjudicating decisions if he was deemed to have a conflict of interest with a company or individual in a decision.

The Labour Party, British Pub Confederation and Liberal Democrat MP Greg Mulholland have spoken out against Newby's appointment due to his background in working for major pubs companies. 

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