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Digital Economy Bill [HL]

I agree with the noble Lord, Lord Whitty; many of his comments are very sensible. It is surprising the extent to which these provisions allow for the establishment of a separate, semi-independent body to administer and enforce the code plus adjudicate in the matter of copyright disputes. All this is apparently separate from and in addition to the tribunal process. As I said earlier in these debates, we on these Benches are unconvinced about the benefits of such a body. We are certainly unconvinced that such a body should take on a quasi-judicial role. A separate body would appear to remove accountability from the process. If it remains with Ofcom, at least the Secretary of State will be ultimately responsible. A separate body would remove even that weak link. I am also extremely concerned at the idea that a body with no electoral or judicial accountability will be able to decide on administrative penalties of the scale mentioned in the Bill. What kind of powers does the Minister envisage this body having to resolve copyright disputes? Why would it be able to handle such disputes—or even the administration of the code—better than Ofcom? I also look forward to hearing the Minister’s response to the question of the noble Lord, Lord Whitty, about whether such a body would have the same disciplines upon it as Ofcom.