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Digital Economy Bill [HL]

My Lords, this hare is gaining more legs as it progresses round the Chamber. The effect of the amendment would be to remove the ability of Ofcom to set up another body to administer and enforce compliance with the initial obligations code. It would require Ofcom—and no other body—to take on that role. I am sure that Ofcom appreciates the great faith that it inspires in noble Lords—although sometimes Her Majesty’s Opposition have rather less faith in quangos—and, indeed, Ofcom is an estimable organisation. However, our admiration should not lead us to restrict it in the way that is proposed. It is entirely reasonable for Ofcom to organise the administration and enforcement of the initial obligations code, for which it remains responsible, in the way that is most efficient and effective. For organisational, financial or other reasons it may prefer to set up a body which is, I stress, independent of internet service providers and copyright owners to carry out this function rather than be directly involved as Ofcom. As Ofcom is the body that will continue to have the obligations, powers and duties of a regulator under the Bill, I do not see what is to be gained by insisting on its direct involvement and restricting its freedom of manoeuvre in the way proposed in the amendment. Certainly such a restriction is unlikely to be welcomed by Ofcom. Two separate points were made. My noble friend Lord Whitty asked whether the organisation would act under the auspices of Ofcom—yes, it will; I can give that assurance—and the noble Lord, Lord Howard, referred to copyright disputes. The body will not be involved in copyright disputes, because this is an initial obligations code. It will not be involved in copyright disputes—perish the thought—but simply with the enforcement of the code. At least that is how I have been informed. The noble and learned Lord, Lord Mackay of Clashfern, asked about resources. The answer to that is that if we will the end, we will have to will the means. This is not necessarily the route that Ofcom will take, but it might find it more effective and efficient, for financial or other reasons, to set up this body. We have not said that it absolutely will; we have just allowed it some flexibility. We have given an assurance that it will still operate under the auspices of Ofcom and be monitored in that way. With the assurances that I have given, I hope the noble Lord will feel able to withdraw the amendment.