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Digital Economy Bill [HL]

The clause already requires the Secretary of State to set out what constitutes unacceptable practice by registries and explains how they must deal with complaints and regulations. The Communications Act requires that those regulations be made by statutory instrument, subject to the negative procedure. In practice, there is likely to be a consultation on the proposed regulations by the Government and Parliament will have an opportunity to annul them before they come into force, so all interested parties will be able to make their views known and so help to inform the Secretary of State’s decision on whether to proceed further. If the regulations are made and approved, the registry will be notified and given a further opportunity to make representations to the Secretary of State before any enforcement action is taken. This amendment would require an additional parliamentary process before the Secretary of State could proceed in making the regulations. Although I am conscious of the intention behind the amendment, it would further delay the Secretary of State’s ability to take action against a serious failure of a registry, which could be detrimental to the interests of UK consumers and businesses. We think that we have the balance right. In light of my explanation, I hope that the noble Lord will feel able to withdraw the amendment.