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Digital Economy Bill [HL]

My Lords, Clause 7(1) and (2) requires Ofcom to make a code by order if it has not been able to approve an industry code within six months of new Sections 124A and 124B of the Communications Act 2003 coming into force. Subsection (2) also allows Ofcom to make a code by order before that six-month period has passed. This amendment would remove that time constraint on Ofcom. It would also require Ofcom to believe that no code would be in place, either because there was no code to approve or because Ofcom had revoked such an approval. My concern about this amendment is that it risks losing the urgency that I think we all see here. It is important that we should move forward as quickly as we can to introduce these initial obligations and start having an impact on online copyright infringement. It seems to me, therefore, that it is important that we should put pressure on the industry and Ofcom to get a code in place, and action under the code, as soon as possible. I believe that it is important to set Ofcom a clear goal as to when it needs to ensure that a code is in place. However, noble Lords will see from the Marshalled List that we in government have become aware of a potential issue in relation to timing and that we are bringing forth our own amendment to allow for the deadline to be changed should it be necessary for circumstances outside Ofcom’s control. However, I do not think that it would be sensible simply to remove the deadline, as this amendment would do. In the light of that explanation, I hope that the noble Lord will withdraw the amendment.