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Digital Economy Bill [HL]

My Lords, this amendment ties the technical obligation order more closely to the stated purpose of the notification letter and infringement list process set out in Clauses 4 to 9. Although the Minister has assured us that technical obligations are to be used as a backstop power in the event that the letters do not make a significant impact on copyright infringement, there is nothing in the Bill to say that. In the past few years, we have seen too many instances of legislation being used in ways that were not intended when the legislation was passed. This safeguard is more than just a drafting improvement. The order-making power set out in Clause 10 is significant. It allows the Secretary of State to involve himself with the ongoing business of private companies and to limit the provisions of a service to what is likely to be a very large number of subscribers. The Government have accepted many amendments today that make it more likely that such a step will not be taken without proper consideration, so the principle should be acceptable. Amendment 74 makes sure that such a step will be taken only for the purposes we have discussed throughout these proceedings. I hope the Minister will be able to accept it. I beg to move.