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Digital Economy Bill [HL]

I thank the Minister for his response and all those who have expressed opposition to the clause. We may need to have further debates on this clause at the Report stage, depending on the Government’s approach. I appreciated the Minister’s reference to Samuel Johnson. When a man is tired of the Digital Economy Bill he is tired of life. I am sure that this show will run and run. When I heard the comments of the noble Lords, Lord Puttnam and Lord Triesman, both of whom I respect enormously and both of whom have great experience, I was reminded of the phrase that Harold Wilson used to use, the white heat of the technological revolution. He used that phrase to inspire us all in thinking that this was the future, that things were changing at an incredible pace, that we could not keep up and that we needed firm guidance from No 10, DCMS, DBIS, or whatever government department was involved. We were given the impression that we were powerless in the face of this changing technology. The fact is that we have seen enormous changes in technology over the past 10 to 20 years. How much has copyright law changed in that period? The principles of copyright law are as applicable now as they were then. Frankly, this is an attempt to corral us into a constitutionally inappropriate way of changing the law. We have the fast track, which has now been validated by the Video Recordings Bill, and was referred to by the Constitution Committee. Why can we not use that? I did not feel that the Minister answered that properly. Throughout our discussions on the Bill, I have heard very clearly what the noble Lords, Lord Triesman and Lord Puttnam, had to say. Of course, we cannot tell what the future will hold in terms of technological changes. The point is that it is much more about enforcement than it is about actual infringement and underlying copyright. We may have talked at length about the precise form of Clauses 4 to 16 but they will give copyright owners and creative industries far more leverage over internet infringement than they have ever had before. Changing copyright is not necessary. Until the Minister can demonstrate why cyberlockers are not covered, why all the other technological changes and ways of delivering and infringing are not covered by current copyright, I do not think that he has made the case. I thought that what the noble Earl, Lord Erroll, said about Clauses 4 to 16 effectively being a new substitute for the civil courts was entirely right. It is pioneering stuff and that is why we have spent so long over it. That is the essence of this Bill. Clause 17 is quite irrelevant to all that. The point was made that we can argue about orders; we can have debates about them; we can have the super-affirmative; we can have 60 days consultation or 90 days consultation. When I tabled my Motion of Regret, which made sure that the casino in east Manchester was not built, the Conservative Front Bench—I give credit to the Conservative Back Benches—was advised that it was constitutionally inappropriate for it to support my Motion. I understood that and I luckily was able—with the aid of the most reverend Primate the Archbishop of Canterbury whose assistance does not come very often, at least not to me—to persuade a large number of Back Benchers in the cause. That was highly unusual. I do not believe that the position would change in the future. It is one of those things. The Front Benches are very reluctant to put their weight against a properly consulted over order. They cannot amend it, but nevertheless those are the constitutional proprieties. I am afraid that this nowhere matches primary legislation. I will not go on any further. I am sure everybody needs their dinner hour. I do not believe that the case has been made. If this clause is designed to send a message, I think the Post Office is a much better way of doing it. Clause 17 agreed. House resumed. Committee (5th Day) (Continued) Moved by