S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 10th December 2002
New Amendments handed in are marked thus *
STANDING COMMITTEE E
COMMUNICATIONS BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [10th December].
Mr Simon Thomas
216
*Clause 3, page 3, line 13, at end insert—
'(1A) In carrying out these functions, OFCOM shall consult as appropriate with the Scottish Parliament, National Assembly of Wales or Northern Ireland Assembly, and shall give full consideration to the views of those bodies.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
203
Clause 3, page 3, line 14, leave out subsection (2).
Brian White
196
Clause 3, page 3, line 20, at end insert—
'(2A) In performing their duties under subsection (1), OFCOM must observe the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
48
Clause 3, page 3, leave out lines 21 to 23 and insert—
'(3) It shall also be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to comply with the principles of good regulation, namely that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.
(3A) Subject to subsection (3), it shall be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to have regard in particular to such of the following as appear to them to be relevant in the circumstances—'.
Nick Harvey
Mr Richard Allan
153
Clause 3, page 3, leave out lines 21 to 23 and insert—
'(3) It shall also be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to comply, except where issues of national security preclude compliance, with the principles of good regulation, namely that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.
(3A) Subject to subsection (3), it shall be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1) to have regard in particular to such of the following as appear to them to be relevant in the circumstances—.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
46
Clause 3, page 3, line 24 after 'promoting', insert 'long-term and sustainable'.
Nick Harvey
Mr Richard Allan
152
Clause 3, page 3, line 24, at end insert—
| '(aa) | the rights of the citizen to access services which inform, educate and entertain;'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
Nick Harvey
Mr Richard Allan
28
Clause 3, page 3, line 25, leave out paragraph (b).
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
47
Clause 3, page 3, line 32, after 'encouraging', insert 'long-term and sustainable'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
Nick Harvey
Mr Richard Allen
138
Clause 3, page 3, line 43, at end insert 'for equal or equivalent access to all forms of regulated communication'.
Mr Simon Thomas
174
Clause 3, page 3, line 48, after 'Kingdom', insert 'with particular regard to Scotland, Wales and Northern Ireland'.
Mr Simon Thomas
175
Clause 3, page 3, line 48, at end insert—
| '(ll) | the desirability of factual programming on international issues;'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
125
Clause 3, page 4, line 3, at end insert—
| '(n) | the desirability of open standards for technological security systems to prevent unauthorised use of personal data and copyrighted content.'. |
Nick Harvey
Mr Richard Allan
154
Clause 3, page 4, line 3, at end insert—
| '(n) | the desirability of promoting apparatus and services which are accessible to, and usable by, as many people as reasonably possible and to the greatest extent possible without the need for special adaptation or specialised design.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
139
Clause 3, page 4, line 5, after 'consumers', insert ', including disabled, elderly and low income consumers,'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
131
Clause 3, page 4, line 6, leave out 'and value for money' and insert 'value for money, universal access, fairness, information and redress'.
Nick Harvey
Mr Richard Allan
155
Clause 3, page 4, line 6, after 'service', insert 'access'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
132
Clause 3, page 4, line 13, at end insert 'and publish the reasoning for the resolution of any conflict between their general duties.'.
Brian White
197
Clause 3, page 4, line 13, at end insert 'and make public the reasons for their actions'.
Mr Andrew Lansley
Nick Harvey
2
Clause 3, page 4, line 24, at end add—
'(9) OFCOM's report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (annual report) for each financial year must contain a statement by OFCOM summarising those circumstances where, in OFCOM's opinion, they have been required to reconcile general duties which have been in conflict with each other and how they have sought to do so in the circumstances.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
30
Clause 4, page 4, line 44, leave out from 'networks' to end of line 4 on page 5 and insert ', electronic communications services and associated facilities; and'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
31
Clause 4, page 5, line 32, leave out from beginning to 'for' and insert 'with the standards mentioned in subsection (10) to such an extent as is strictly necessary'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
32
Clause 4, page 5, leave out line 36.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
Mr Andrew Lansley
204
Clause 6, page 7, line 9, after 'secured', insert ', or may be furthered or secured'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
128
Clause 6, page 7, line 11, at end insert—
| '(c) | to seek the views of persons providing services and facilities in relation to which OFCOM have functions on which of these functions should be subject to review.'. |
Mr Andrew Lansley
Nick Harvey
3
Clause 6, page 7, line 16, leave out 'and'.
Mr Andrew Lansley
Nick Harvey
4
Clause 6, page 7, line 18, at end insert 'and
| (c) | whether the procedures for self-regulation offer adequate opportunities for public scrutiny and for reporting on those activities to OFCOM, to the Secretary of State and to Parliament as appropriate.'. |
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
50
Clause 6, page 7, line 18, at end insert—
'(c) whether persons with sufficient commercial knowledge of the persons who may be subjected to the procedures are consulted.'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
51
Clause 7, page 8, line 4, after 'apply', insert ', so long as it is not requested by a significant number of companies,'.
Mr John Whittingdale
Mr John Greenway
Mr Andrew Robathan
Mr Mark Hoban
52
Clause 7, page 8, line 11, after 'markets', insert 'or on major communications users'.
Mr Andrew Lansley
Nick Harvey
5
Clause 7, page 8, line 23, at end insert—
'(4A) An assessment carried out under this section shall include an assessment, as appropriate, of the impact of the proposal upon the general duties of OFCOM and, in particular, the furthering of the interests of consumers through competition as set out in section 3(1).'.
