| Previous Section | Index | Home Page |
Mr. Tipping: My hon. Friend raised the matter in the House last week, and, miraculously, the report was published at 11 o'clock this morning.
Mr. Taylor: Post hoc ergo propter hoc.
Mr. Tipping: I hope that my hon. Friend will get a copy. The report was announced, properly, in a parliamentary answer. The target in the report is to drive down landfill by 85 per cent., to 1998 levels. That is a big step forward, and it could be a win-win situation for all of us if we behave properly. If we recycle and use compost, we will lift the landscape and reduce public taxation. I am very keen to have a debate on that subject.
Orders of the Day
Electronic Communications Bill
Clause 2
Lords amendment: No. 1, in page 2, line 13, leave out--
("subsection (3) applies in that person's case") and insert
("the condition for the grant of an approval to that person is fulfilled in accordance with subsection (3)")
1.18 pm
The Minister for Small Business and E-Commerce (Ms Patricia Hewitt): I beg to move, That this House agrees with the Lords in the said amendment.
Madam Speaker: With this it will be convenient to discuss Lords amendments Nos. 2, 3 and 10 to 14.
Ms Hewitt: This group of amendments largely stems from a commitment that I made in Committee and on Report when I undertook to see whether the drafting of the clause could be simplified while preserving the necessary powers of the approvals authority. The amendments do that by expanding on the cross-references between subsections (2) and (3).
It was also drawn to our attention that the description in clause 6(3) of cryptography support services being provided in the United Kingdom related only to clause 2. It therefore seemed sensible that the description should be moved from clause 6 to clause 2. The amendments accomplish that.
Amendments Nos. 11, 12, 13 and 14 simply correct some grammatical errors in the original drafting. I assure the House that this group of amendments does not change the legal effect of the Bill in any way. I therefore commend the amendment to the House.
Lords amendments Nos. 2 and 3 agreed to.
Clause 4
Lords amendment: No. 4, in page 5, line 3, after ("prescribed") insert ("public")
Ms Hewitt: I beg to move, That this House agrees with the Lords in the said amendment.
Madam Speaker: With this it will be convenient to discuss Lords amendments Nos. 5 and 6.
Ms Hewitt: The three amendments to clause 4 deal with the recommendation that was made by the Select Committee on Delegated Powers and Deregulation in another place. It saw the need for the power conferred by subsection (2)(c), but considered that it was too widely
drawn. The amendments mean that any additional gateways for the disclosure of regulatory information must relate to public functions.Lords amendments Nos. 5 and 6 agreed to.
Clause 5
Lords amendment: No. 7, in page 5, line 29, after ("instrument") insert--
(", which (except in the case of the initial regulations) shall be")
Ms Hewitt: I beg to move, That this House agrees with the Lords in the said amendment.
Madam Speaker: With this it will be convenient to discuss Lords amendments Nos. 8, 9 and 22.
Ms Hewitt: Amendments Nos. 7, 8 and 22 meet two further recommendations of the Select Committee on Delegated Powers and Deregulation. They deal with the parliamentary control that would be exercised if the Government's preference for self-regulation could not be achieved, and, therefore, we decided to implement the statutory regime under part I. Amendment No. 22 would mean that part I could not be implemented unless each House had approved the commencement order. Therefore, it would include in the Bill the undertaking that I gave during earlier stages to return to Parliament before commencing with part I.
Amendments Nos. 7 and 8 are closely related. They would mean that the first time that the Secretary of State exercised his resolution-making powers under part I, they would be subject to the affirmative procedure. On subsequent occasions, they would be subject to the negative procedure. Taken together, the amendments strike a sensible balance between ensuring parliamentary control over a decision to implement part I and ensuring that, if we introduced a statutory approvals scheme, it could be operated flexibly and sensibly.
Amendment No. 9 meets a commitment given in another place to include in the Bill our decision to consult on the approvals criteria.
Mrs. Angela Browning (Tiverton and Honiton): I welcome what the Minister has said and especially her honouring of a commitment made to my noble Friend Baroness Buscombe in another place.
On amendment No. 9 and the need--and the Government's willingness--to consult those affected, a pattern has developed in consultations on secondary legislation, especially those involving business. I urge the Minister to consider the lead times necessary for business to be consulted. Businesses increasingly find that little time is allowed for consultation, especially given the other pressures on their time. I hope that, in recognising the need for consultation under amendment No. 9, the Minister can assure the House that the Department will set realistic timetables for business consultation.
Mr. Richard Allan (Sheffield, Hallam): I, too, welcome the Government's commitment, which was expressed by Lord Sainsbury of Turville in another place,
to respond to issues that we raised in Committee. The Minister will know that the Opposition remain concerned about the prospect of part I being implemented. Therefore, an extra block on that, such as having to undertake another parliamentary procedure, is welcome. I should be interested to know whether the Minister could give us an update on the progress of the Government's negotiations with industry on the Tscheme proposals. I understand that they represent a way in which to avoid implementing part I and even the commitment that has been made to bring such matters before Parliament.On amendment No. 9, to which the hon. Member for Tiverton and Honiton (Mrs. Browning) referred, can the Minister tell us whether the Government have any idea of the time scale that they will set themselves to work with industry? Amendment No. 9 refers to consultation with industry, but such matters would not be dealt with unless and until comprehensive consultations and negotiations on the Tscheme had been undertaken with industry. I hope that the Minister will tell us about the Government's intended time scales for seeking parliamentary approval for the regulations under the amendments, and for laying them before the House and consulting on them. Such matters are important for Britain's future in electronic commerce.
Ms Hewitt: I am grateful to the hon. Member for Tiverton and Honiton (Mrs. Browning) for supporting these and earlier amendments. My right hon. Friend the Secretary of State and I are well aware of business concerns about the need to allow proper time for consultation on this and other matters. I confirm that we are considering that matter and seeking to ensure that there are both adequate consultation periods and adequate periods between the introduction of regulations and their coming into effect. Certainly, if we brought part I of the Bill into effect, we would ensure that there was proper time for consultation.
On the matter raised by the hon. Member for Sheffield, Hallam (Mr. Allan), I am pleased to say that the industry has been making excellent progress in establishing the Tscheme--the voluntary, self-regulatory scheme that we debated in some detail in Committee. Indeed, the second board meeting of members of the scheme was held earlier this week. At this stage, I am confident that the progress which is being demonstrated, and which will, I am sure, be maintained, should make the introduction of part I unnecessary.
Lords amendments Nos. 8 to 14 agreed to.
Clause 8
Lords amendment: No. 15, in page 8, line 30, at end insert--
("( ) any such provision in relation to electronic communications or electronic storage the use of which is authorised otherwise than by an order under this section as corresponds to any provision falling within
Ms Hewitt: I beg to move, That this House agrees with the Lords in the said amendment.
Madam Speaker: With this it will be convenient to discuss Lords amendment No. 16.
| Next Section
| Index | Home Page |