---

Digital Economy Bill [HL]

My Lords, I am grateful to all noble Lords who have participated in this important debate, and particularly to the noble Baroness, Lady Howe, for moving Amendment 146. I emphasise that our overriding policy intention is to ensure that video games be classified by the authority designated for that purpose. As we discussed extensively in Committee, it is vital that some flexibility is set out in the Bill to enable certain kinds of games to be allocated across to the BBFC for classification. This flexibility is achieved by the new Section 4ZB. The section makes clear that the Video Standards Council can determine conclusively which authority is responsible for classifying a certain class of video games. We believe this is the correct approach, as it is the video games authority which will be ultimately responsible for setting up arrangements to classify video games. The VSC will allocate across any games to the BBFC, but it can do so only after consultation with that body. Also, before withdrawing any allocation, it must consult the BBFC. In addition, the VSC will have to take into account any guidance the Secretary of State issues. So it is clear where the responsibility lies, and it is also clear that the obligation is on the VSC. Under new Section 4ZC we have defined how the video games authority will deal with non-integral film material contained within a game. It is now a legal requirement for the video games authority to have regard to any BBFC determination or BBFC classification made about such film content within games, so the Government would contend that Amendment 147 is already provided for in the Bill. It is quite clear that the video games authority has no flexibility in those terms, but must refer the matter to the BBFC. In setting up arrangements to take account of BBFC determinations and classifications, the VSC would be under a duty to consult the BBFC and to comply with any guidance that the Secretary of State issues. The question of guidance has been raised in the debate, and I reassure the House that the Secretary of State will offer guidance to make absolutely sure that the spirit and intent of the Act are reflected in its implementation. The noble Baroness, Lady Howe, was particularly concerned about that point. We trust the two designated authorities to decide when referral is appropriate, and to share any information that is required to make sure that the process of classification is implemented properly. We have been reassured by both bodies that they will do that. Further, our detailed discussions have satisfied us that they will work together to interpret and apply the legislation correctly. The Government contend that the Bill already sets up the structure to meet the anxieties that have been raised, but one or two points were raised with particular force and precision, and I want to reply to those. On the question put by the noble Lord, Lord De Mauley, about evidence being made available for prosecutions, we understand of course the need to support the prosecuting authorities, and the Bill as currently drafted enables the BBFC to provide material evidence to the court on which it has made a determination. The noble Baroness, Lady Howe, stressed once again the urgency of this matter. That is why we want the Bill to pass through both Houses of Parliament with not only the proper degree of scrutiny, but with the proper degree of urgency as well. I emphasise that the guidance from the Secretary of State will be published before the video games authority is designated under the Act. This will take place within months of Royal Assent, and I am sure that the whole House will join with me in hoping that that Royal Assent is not unduly delayed. The noble Baroness also asked how a game would be identified as one to be restricted to the 18-plus category so that it is allocated across to the BBFC. The VSC and the BBFC are in discussions with each other and will identify the criteria that make a game likely to be restricted to 18 plus. The game will be allocated across if it is likely to be designed as R18 because that is the proper responsibility of the BBFC. There are always differing views in the House on these matters, but I speak against a background where the work of the BBFC enjoys the confidence of the nation generally. Where serious material in video games merits its attention, the BBFC will be brought in because it will be an obligation on the Video Standards Council to bring it in. That is the basis of the Government’s contention that the Bill already meets these anxieties. The amendments are important in clarifying the debate, but I hope that the noble Baroness will feel able to withdraw her amendment, and that the noble Lord, Lord De Mauley, will not move his, on the grounds that the Government have given careful thought to these matters and the Bill provides answers to the issues they have raised.