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Digital Economy Bill [HL]

My Lords, Clause 6(10) requires the consent of the Secretary of State to the approval by Ofcom of any code about the initial obligations or any modification of such a code. This amendment would remove that requirement. I note, for completeness, that Clause 7 also requires the consent of the Secretary of State if Ofcom is to make or amend a code. This amendment would not affect that provision. The code that Ofcom will be approving or making will form the framework by which the obligations in this section of the Bill come to life. In particular, the code will contain the provisions that are required by any order made under Clause 15 in relation to costs. Many of the issues dealt with in the code will be controversial, not least the detail of how the cost-sharing provisions are translated into practical arrangements. It seems appropriate that the Secretary of State should have some element of oversight to ensure that the code deals appropriately with these issues. We do not see this as an unnecessary intervention. We see it as an appropriate and reasonable oversight, which is not peculiar to this legislation. In the light of that explanation, I hope that the noble Lord will feel able to withdraw the amendment.