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Digital Economy Bill [HL]

My Lords, I am afraid that we are back into relatively technical territory here. The purpose of this amendment is to clarify the relationship between Ofcom’s established duties under the Communications Act and the proposed new functions. Ofcom’s current powers and functions under the Communications Act flow from the general duties set out in Sections 3 and 4 of that Act. The proposals in the Bill do not indicate under what duty or duties in the current Communications Act Ofcom would carry out the functions proposed under the Bill. The proposals are a fundamental departure from Ofcom’s current role in relation to the regulation of communications matters and the furthering of the interests of citizens and consumers in relation to such matters. The proposal is for them to be treated as part of the regulation of premium rate services when there is no basis for doing so. It is therefore necessary to clarify how Ofcom’s new role is justified, how that role will sit with Ofcom’s current role and pre-existing duties, and to frame underpinning legislation on a proper basis. In particular, clarity is needed on what the provisions of the code are intended to achieve and how objective justification, discrimination and proportionality of the provisions of a code are to be determined. I beg to move.