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Digital Economy Bill [HL]

My Lords, we now move on to a large group of government amendments to Clause 42 that take into account a number of discussions and comments. I shall not go through each and every amendment in detail as there is a substantial amount of repetition between the parts and I take into account the time, but I feel it is important to outline in brief the purpose of the amendments and their intended effect. This clause as originally drafted was intended to strike the right balance, as we have said many times during this debate, between marking the limits of what the Government consider appropriate in this area and maintaining enough flexibility to allow full consultation with affected parties before details are fixed in the subsequent regulations. The Delegated Powers and Regulatory Reform Committee highlighted a few areas where it thought we had not quite got the balance right, and these amendments are intended to address those concerns. In brief, these amendments provide for the inclusion in the Bill of a definition of an orphan work, subject to amendment by regulations made by affirmative procedure. This will provide greater certainty for those concerned about the scope of these provisions. The amendments remove the ability of the Secretary of State to refer to guidance produced by a third party when defining ““orphan works”” in secondary legislation. The definition is instead detailed in the Bill. The amendments limit the power in this clause for the Secretary of State to amend the Copyright, Designs and Patents Act 1988 by regulations, so that it can be used only to make consequential amendments. This ensures that the power is focused only where it is needed and appropriate. The amendments require that the first regulations made under this power—that is, the creation of the first orphan works regulations, the first extended collective licensing regulations and the first exercise of the powers to introduce codes of practice and enforcement provisions for these codes and for the regulation of licensing of orphan works and extended licensing—are subject to the affirmative procedure. That was a long sentence and will need careful reading in Hansard. I think it makes it clear that all those regulations, codes and enforcement provisions are subject to the affirmative procedure, but noble Lords will have check Hansard. The amendments introduce a maximum penalty of £50,000 where the requirements for authorisation under Clause 42 are breached. Finally, there are equivalent amendments for performers’ rights. Amendment 299D introduces the same amendment for performers’ property rights. The Government have listened to concerns and we have proposed some substantial amendments to address these. The amendments clarify the scope of these provisions and strengthen the safeguards that surround their use while maintaining the function and purpose that was originally envisaged, which is widely supported by our cultural and creative sectors. I beg to move.