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Digital Economy Bill [HL]

My Lords, Amendment 97 seeks to provide a six-month window of opportunity for rights holders and internet service providers to come up with their own initial obligations code before Ofcom moves in and enforces one on them. As I have previously indicated, we believe that a code is more likely to have widespread support and confidence if it is negotiated between the industries themselves. Ofcom should impose a code only as a matter of last resort. It is infinitely preferable for people to do it themselves and probably more likely to work. However, we recognise that voluntary agreements in the past have taken a lot of time to be agreed. In some cases, discussions have come to an impasse as those involved have failed to come to a mutually satisfactory agreement. As such, the threat of an Ofcom imposed code that would come into force if industry had not agreed one within six months should be retained. I am sure that that would act as a considerable spur to the industry to sort things out for itself without having to involve anyone else. I beg to move.