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Digital Economy Bill [HL]

Having heard the last debate, I am not hopeful about these provisions. One needs to be rather more pessimistic about the Government’s intentions in this respect. Perhaps the technical measures will be introduced in rather more short order than was originally anticipated. Ministers have previously said, consistently, that technical measures would be a last resort and that a combination of notification, targeted legal action against repeated infringers, general education by rights holders and new legal services will be given adequate chance to make an impact before those technical measures are contemplated. It will be important for all relevant parties, whether they are subscribers, Ofcom, ISPs or rights holders, to work together co-operatively during what we might call stage one with the certainty that the Secretary of State is not going to consider technical measures until or unless the stage one-type activities under the initial obligations code have been pursued with full vigour. Given the likely high costs and unintended impact of technical measures on non-infringing traffic and innocent internet users—other people relying on a household’s internet access service, for instance, other than an alleged or proven infringer—the clause should empower the Secretary of State to direct Ofcom only to make an assessment of such measures rather than also taking steps to prepare for those obligations. The amendments seek to achieve just that. In the light of what the Minister has said, he will be extremely reluctant to give up those powers, but that is the logic of this: the assessment is made and then, on the basis of the assessment at a subsequent time, those preparations are made. I hope that just because my noble friend Lady Miller is not here today, the Minister will not omit to answer Amendments 145 and 147 in her name. I do not have speaking notes for them but they have a similar import, and I hope that the Minister will deal with them at the same time.