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Proceeding contribution from Earl of Erroll (Crossbench) in the House of Lords on Tuesday, 26 January 2010. It occurred during Committee of the Whole House (HL) and Debate on bill on Digital Economy Bill [HL].


Digital Economy Bill [HL]

Perhaps I may intervene before the noble Lord withdraws the amendment. I would have added my name to Amendment 176 if it had not already had four names on it. I should like to have some legal advice. I know that when matters reach the courts it is what is in the Bill that counts, not what the Minister says at the Dispatch Box. I do not know how much the context inside the Communications Act matters to the interpretation in the courts. New Section 124H(1) states: ""The Secretary of State may at any time by order impose a technical obligation on internet service providers if the Secretary of State considers it appropriate in view of ... any other consideration"," because the provision contains an "or". We must be very careful that we do not leave it as "any consideration" —I do not see that it is related to anything to do with copyright, even. I have no idea whether the context of new Section 124G means that it must be restricted to issues of copyright and copyright infringement, or whether the Secretary of State could use it for any purpose he liked—because he did not like someone's face, or whatever. I am being ridiculous and extreme there. I am very worried that we might inadvertently give a huge power to the Secretary of State. I know that it is very easy to make mistakes like that in law.


Secondary information

Type
Proceeding contribution
Reference
716 c1321 
Session
2009-10
Chamber / Committee
House of Lords chamber
Subjects
Codes of practice Costs Computer networks Copyright Communication ICT EU law Film Libraries Internet Higher education Electronic commerce Mobile phones Ofcom Music Radio frequencies Registration Universities Technology Video piracy Subscriptions Internet service providers Statutory instruments
Legislation
Digital Economy Bill (HL) 2009-10
Link
View this Proceeding contribution on www.publications.parliament.uk