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Digital Economy Bill [HL]

My Lords, as the Minister said, the debate that we have just had represented all dimensions, and this amendment follows on from that very neatly. I shall not indulge in a Second Reading speech, as both my noble friends Lord Razzall and Lady Bonham-Carter made our approach to the Bill very clear. Of course we recognise the issues surrounding internet downloads. We recognise that problem and the need to provide better enforcement of copyright to protect creators. If we do not protect copyright, we shall not have a creative economy. However, as the Minister said, we have to get the balance right. This amendment provides a general framework, an umbrella if you like, for getting the balance right. All sorts of amendments will arise before we have finished with these clauses, but the areas where we want to see changes—I have no doubt that my noble friend Lady Miller agrees with me on this—concern the quality of evidence that is presented, the burden of proof and the necessity of ensuring that sanctions are proportionate, codes are clear, costs are fairly apportioned, thresholds are proportionate, and that the overall scheme of things is not oppressive to those who it is claimed are in breach of copyright. I am sure that we will discuss these aspects in further Committee sittings. We believe that the language of the new EU telecoms directive is important in these areas. I bow to the superior knowledge of the noble Earl, Lord Erroll, in this regard. Indeed, his speech was largely devoted to the language of the new telecoms directive, which specifies that a balance must be struck between the different interests and rights. That seems utterly apposite to these provisions. We may express a range of different views, but I was struck by the fact that nobody denied that the interests of creators had to be protected. On the other hand, I do not think that anybody in this Chamber believes that we need a draconian, disproportionate way of enforcing those rights. I am sure that many of these aspects will be dealt with by the end of the Committee stage. I believe that we can usefully use this framework in that process. I beg to move.