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Digital Economy Bill [HL]

My Lords, what is proposed here is a further test of a relevant failure by an internet domain registry. The effect of the amendment is that a registry could delay or avoid action by claiming it could do nothing because it was not its responsibility. This would leave the Secretary of State powerless to act where a registry had taken reasonable steps, even when those steps had entirely failed to sort things out. We have already placed on record that we would not expect a registry to act beyond its powers to correct any failure that it could not reasonably address. However, to put this in the Bill would cause difficulties, as I have explained. The Secretary of State is bound to act reasonably whenever he makes a decision because his decision is always subject to judicial review. I can assure noble Lords that such a decision would not be taken lightly. It is unlikely that a domain name registry would not have the authority and capability, for example, to suspend a domain name, or take down a site using a domain name issued by that registry, if it was requested to do so by the relevant authorities because of its adverse effects on the interests of consumers and so on. For example, a registry such as Nominate, with its exemplary record for dealing with domain name abuse and its best-in-class dispute resolution system, would need no such provision, but it could afford substantial protection to a rogue registry. I have referred to Nominate but there are other registries and, in the future, there is likely to be a significant increase. I trust the noble Lord will feel sufficiently reassured to enable him to withdraw his amendment. I shall address the question posed by the noble Lord, Lord Lucas, when we come to Amendment 122.