---

Digital Economy Bill [HL]

My Lords, the Government fully recognise the importance of access to spectrum for the emergency services. It is an essential tool, without which they would not be able to operate. The Government regard the safety and security of UK citizens as of paramount importance, and have consistently stated that spectrum management should pay due regard to that. The Government also note the additional amendments that would require spectrum to be set aside for critical national infrastructure. It is important that we take account of the context within which these amendments are proposed. Spectrum is a finite resource; although technology advances have allowed greater use of the available spectrum, rising demand means increasing pressure on a fixed supply. Against this background, the Government commissioned an independent audit of spectrum by Professor Martin Cave in 2004, from which one recommendation was that any new spectrum requirements from the public sector should be met through the market. He recognised that that might not be possible in certain circumstances, so recommended that a process be established to determine whether an administrative allocation should be made. Government departments and their agencies act within this framework. Determining future spectrum requirements should be treated in the same way as any other resource. I stress that the National Policing Improvement Agency is presently working on its future communications programme, part of which will address the emergency services’ future spectrum needs. There is no way that those needs will be overlooked or that we will in any way undermine them. We will therefore be in a better position to determine what spectrum is required, and in what band, once that work has been completed and thoroughly assessed. The noble Lord, Lord Lucas, asked about Ofcom derailing. We certainly do not share that view. The noble Lord referred to Europe and to Council recommendation 10141/09. The recommendation states that when needed and justified, and taking account of national arrangements for distributing spectrum, member states should allocate additional frequencies at national level in a co-ordinated timeframe in co-operation with CEPT—the European Conference of Postal and Telecommunications Administrations. A working group has been established to look at possible spectrum requirements, and the UK will be fully involved. I note, however, that the recommendation clearly states that any requirement for spectrum should be based on an identified need and should be justified. The working group only recently met for the first time. How quickly it will carry out its tasks and what their outcome might be is unknown, so it is premature to determine at this stage any amount of spectrum that may or may not be required. I think that we have already given an assurance on the Olympics. In response to the noble Earl, Lord Erroll, we can see the difficulties of dealing on a European level, never mind a global level. If we are serious in trying to ensure that we address the needs of the Olympics, we have to be aware of the timescales for achieving this kind of operation. I am not dismissing the need to do that; it is the time that it will take. On critical national infrastructure, at present there is no certainty on what, if any, spectrum might be required. It would therefore be inappropriate and inefficient to set aside spectrum for that purpose. I repeat: the Government consider the safety and security of UK citizens—and, indeed, of the emergency services in executing their duties—to be of paramount importance. However, the Government’s view is that established mechanisms exist for assessing and, if necessary, allocating spectrum for the emergency services’ use. As I said, the National Policing Improvement Agency is already working on its future communications programme. I hope that, with those assurances, the noble Lord will feel capable of withdrawing the amendment.