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Digital Economy Bill [HL]

My Lords, the noble Lord makes an important point about the role that Ofcom should play in the recommendation and assessment of technical measures. As in so many parts of the Bill, there is confusion over the division of responsibility between Ofcom and the Secretary of State. As I understand the clause as it is drafted, Ofcom will have almost complete control over what technical measures should be assessed. I hope the Minister will correct me if I am mistaken. Will the Minister give us more detail on what exactly the Secretary of State will direct Ofcom to consider under Section 10? Will he specify the one or more technical measures that Ofcom is to look at, or will that interfere with Ofcom’s prerogative to decide what is worth the time? I am sorry to revert to the discussion that we had on the previous amendment, but this is a different point—only very marginally different, but it is worth making again. As both my noble friend Lord Lucas and the noble Lord, Lord Clement-Jones, have commented, directing Ofcom to prepare for the imposition of technical measures even before the assessment has been made—never mind the question of parliamentary scrutiny—is extraordinary. I cannot imagine a process more likely to make stakeholders feel railroaded into submitting to potentially enormously damaging measures. There is also concern on these Benches at the possibility that Ofcom might assess an obligation and later be directed to impose it, but without drawing up a report under new Section 124G(1)(c). As I understand it, the list is entirely flexible—each paragraph is independent of the others. The clause is extremely loosely drafted, and I recommend that the Minister look at it and at how it could be tightened up before we revisit it on Report.