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Digital Economy Bill [HL]

We on these Benches entirely agree with my noble friend’s concern that technical measures should not be imposed until there has been a proper assessment of the success or failure of the reports, letters and lists allowed under the previous clauses. We will come on in time to the question of what exactly these technical measures will cover. There seems no doubt that the Government’s intention in these provisions is to provide a backstop power in the event that notification letters and civil court proceedings do not have the hoped-for effect. We on these Benches are broadly happy with that progression although we have many specific concerns about the detail of the Government’s policy. However, we agree that if sending letters does not work then more serious steps will need to be considered to prevent widespread copyright infringement. However, this progression is not expressed in the Bill, and I think that a great deal more clarity is needed about the progression from reports under Clause 9, through the assessment under Clause 10, resulting in an order under Clause 11. A two-year period to allow Clauses 4 to 9 to be implemented and assessed seems sensible. If the Minister disagrees, perhaps he can give us an idea of how long he would be willing to wait before deciding that there was no improvement.