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11.37 am
Estelle Morris: I, too, welcome the Third Reading of the Bill, and I wish it well as it goes to the House of Lords. I congratulate the hon. Member for Sheffield, Hallam (Mr. Allan), and all the members of the Standing Committee, on the Bill.
One of the joys of trying in the last few days quickly to read the Committee's proceedings was to realise not only the interest but the expertise in the matter that there is in the House. It was clear from the pages of Hansard that all Members who took part in the debates on the Bill did so with great enthusiasm and energy. I was surprised at the size of the all-party group on the issue. I had not realised the extent of interest and expertise both in this House and in the other place, and that is to the great credit of Members. I suspect that that explains why this is a good Bill—the people who have guided it through the House care about it and about what it will mean.
Perhaps with greater enthusiasm than on many occasions, I congratulate the promoter, and I suspect that in years to come, when he looks back on all his contributions to politics, he will see this as a major one. I know that the Bill will stand the test of time and that many people, not only in this country but in those that are seeing their cultural heritage destroyed, will have reason to be grateful for him. I pay great tribute to his energy and enthusiasm, and I pay equal tribute to other Members who, in the Committee and the Chamber, have shown the House at its best. Every Member who has spoken today has properly explored the issues and acknowledged that the Bill is important, and we want to speed it on its way.
On behalf of my predecessor, my hon. Friend the Member for Pontypridd (Dr. Howells), now the Minister of State, Department for Transport, as well as on my own account, I thank hon. Members for their comments about my officials and the help that they extended to the promoter of the Bill. We are all confident that the legislation will be good; it has been properly written and will fit the purpose.
Sometimes, when archaeological sites and sites of cultural interest are looted, local people think that they stand to gain, but they do not. They are being robbed of their heritage as well as being robbed financially. The Bill is in their interests. It is also in the interests of the
legitimate London and UK art market. Because that market plays by the rules, it has been let down by the illicit trade so the Bill will be welcome.When I read the background, I was delighted to find that the Bill is welcomed by all parts of the trade; that cannot be the case for many measures. I am grateful to the hon. Member for East Worthing and Shoreham (Tim Loughton) for his acknowledgement that the Bill has been dealt with speedily. As much as is possible in any parliamentary Session, the Department has tried to give it time.
If the Bill had been passed four years ago, many people in this country would not have understood its significance. Sadly, because of what has gone on in international conflict, most recently in Baghdad, no one will fail to understand the Bill's significance, so the Bill is timely. In thanking everybody for their work on the measure, I join hon. Members in wishing it good speed as it goes through the House of Lords.
11.41 am
Mr. Allan: With the leave of the House, I briefly thank all hon. Members for their most kind comments. I do not want to take too much time as I know that other Members are waiting to speak to their Bills.
Like all movers of a private Member's Bill, my nerves have been thoroughly wracked on many occasions over the past few months, but each time that things looked decidedly dodgy people from both sides of the House and from all quarters have turned up to help. I even found myself warming to the shadow Leader of the House as he was advising me on dates and timings, which I certainly had not expected. I have received co-operation from across the board so it merely remains for me to thank all hon. Members who have taken part.
The Minister for the Arts referred to the size of the all-party archaeological group; she may find that the muscle of the all-party group will be knocking at her door to discuss associated issues, so I hope that she is similarly receptive to the other measures that we want to introduce to protect our culture both in the UK and abroad.
I am confident that there is sufficient support in the House of Lords for the Bill to have a good chance of reaching the statute book and I am dead chuffed that we have got this far.
Bill accordingly read the Third time, and passed.
Legal Deposit Libraries Bill
As amended in the Standing Committee, considered.
New Clause 1
Exemption from Liability: Deposit of Publications etc.
'(1) The delivery by a person, pursuant to section 1, of a copy of a work is to be taken—
(a) not to breach any contract relating to any part of the work to which that person is a party, and
(b) not to infringe copyright, publication right or database right in relation to any part of the work or any patent.
(2) Subsection (1) applies to the delivery, pursuant to regulations under section 6, of a copy of a computer program or material within section 6(2)(b) as it applies to the delivery of a copy of a work pursuant to section 1.'.—[Mr. Mole.]
Brought up, and read the First time.
11.43 am
Mr. Chris Mole (Ipswich): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Sylvia Heal): With this it will be convenient to discuss the following:
New clause 2—Exemption from liability: activities in relation to publications—
'(1) A deposit library, or a person acting on its behalf, is not liable in damages, or subject to any criminal liability, for defamation arising out of the doing by a relevant person of an activity listed in section 7(1A) in relation to a copy of a work delivered under section 1.
(2) Subsection (1) does not apply to the liability of a deposit library where—
(a) it knows, or in the case of liability in damages it knows of facts or circumstances from which it ought to know, that the copy contains a defamatory statement, and
(b) it has had a reasonable opportunity since obtaining that knowledge to prevent the doing of the activity in relation to the copy.
(3) Where, pursuant to section 1, a person (in this section, "the publisher") has delivered a copy of a work to an address specified by a deposit library, the publisher is not liable in damages, or subject to any criminal liability, for defamation arising out of the doing by a relevant person of an activity listed in section 7(1A) in relation to the copy.
(4) Subsection (3) does not apply where—
(a) the publisher knows, or in the case of liability in damages the publisher knows of facts or circumstances from which it ought to know, that the copy contains a defamatory statement, and
(b) it has had a reasonable opportunity since obtaining that knowledge to inform the library of the matter, facts or circumstances known to it and has not done so.
(5) Where a work is published on the internet, subsection (6) applies to a copy of the work if—
(a) the work is of a description prescribed by regulations under this subsection,
(b) the publication of the work on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and
(c) the copy was made by a deposit library or person acting on its behalf copying the work from the internet in accordance with any conditions so prescribed.
(6) Where this subsection applies to a copy of a work—
(b) subsections (1) and (2) apply in relation to the doing of an activity in relation to the copy as they apply in relation to the doing of the activity in relation to a copy of a work delivered under section 1.
(7) In this section—
(a) "relevant person" has the same meaning as in section 7;
(b) references to activities listed in section 7(1A) are references to those activities whether or not done in relation to relevant material (as defined in section 7);
(c) references to a deposit library include references to the Faculty of Advocates.
(8) The Secretary of State may by regulations provide for this section, as it applies in relation to liability in damages and criminal liability for defamation, to apply in relation to liability (including criminal liability) of any description prescribed in the regulations, subject to such modifications as may be prescribed.
(9) Where this section applies to the doing of an activity in relation to a copy of a work it also applies to the doing of the activity in relation to a copy (at any remove) of that copy.
(10) Nothing in this section imposes liability on any person.'.
'(1) A deposit library or person acting on its behalf is not liable for damages or for any other pecuniary remedy or for any criminal sanction for carrying out any of the activities mentioned in section 7 (1A) in relation to a copy of a work delivered under section 1.
(2) Subsection (1) only applies to the liability of a deposit library where it—
(a) does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the library that the activity or information was unlawful; and
(b) upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.
(3) A person (in this section, "the publisher") who, pursuant to section 1, has delivered a copy of a work to a deposit library is not liable for damages or for any other pecuniary remedy or for any criminal sanction arising out of any of the activities mentioned in section 7(1A) relating to that copy.
(4) Where a work of a description prescribed by regulations under this subsection has been copied, in accordance with such conditions as may be prescribed, from the internet by a deposit library or person acting on its behalf—
(a) no person other than the library is as a result of the accessing of that copy, and
(b) subsections (1) and (2) apply in relation to the accessing of that copy as they apply in relation to the accessing of a copy of a work delivered under section 1.
(6) Where this section applies to the accessing of a copy of a work it also applies to the accessing of a copy (at any remove) of that copy.
(7) Nothing in this section imposes liability on any person.
(8) In the case of legal publications, this section applies as if the Faculty of Advocates were, and the authority controlling the National Library of Scotland were not, a deposit library.'
Amendment No. 20, in page 7, line 5, clause 10, at end insert—
- '"database right" has the meaning given by regulation 13(1) of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);'.
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