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Digital Economy Bill [HL]

My Lords, I am not going to look at the clause again in the exact way the noble Baroness has enjoined me to do because we think that the clause is satisfactory as it stands. However, at the same time I accept entirely the noble Baroness’s anxieties. She has identified that reassurances are necessary about the operation of the clause and I hope therefore to approach her amendments in those terms. The respective Channel 3 licence holders having their say before an IFNC is appointed is an important issue. My noble friend Lord Gordon emphasised that point. It would be unreasonable for Ofcom to require a replacement news provider to deliver the regional news on Channel 3 without first consulting the relevant licence holder and receiving representations from that license holder beforehand. We confidently expect that to be done against the obvious expectations of Ofcom and what the clause says. The Government recognise this. We have already provided for such a duty requiring Ofcom to consult Channel 3 licence holders, as set out in new Section 287A(8). The new subsection properly connects the public service licensing regime, under Section 287 of the Communications Act 2003, where Ofcom must consult license holders and receive representations before making any changes, with the powers set out in this new clause. We are linked, therefore, to that Communications Act obligation. This represents a consistent and robust approach to Ofcom consulting each Channel 3 service on the imposition of the new conditions. I am entirely accepting of the thrust of the noble Baroness’s amendment, but saying that in fact we have not really accepted that argument. We have addressed our minds to that argument and that is what is reflected in the clause. I hope therefore that the noble Baroness can confidently withdraw that amendment. Amendment 233CB also raises an important issue—the impact on plurality and the choice of news provision in the appointed areas. What the amendment would do, however, is to require Ofcom to make an assessment or an evaluation of an appointment in advance of that appointment actually being made. As the Committee will readily appreciate, Ofcom effectively assesses the UK news and media marketplace, and we do not expect that obligation to change in any way. We would expect a determination of impact to follow the selection process. I do not think that the amendment is necessary. Ofcom cannot carry out those duties without evaluating the result of the selection process. I hope that the noble Baroness will feel that her amendments have identified two important issues, which the Government consider that they have addressed adequately and appropriately. I hope that she is able to withdraw her amendment with confidence.