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Lord Clement-Jones: My Lords, this has been a very interesting technical debate. I confess that I have learned more about the Technical Standards Directive than I ever wanted to. I have little to add to what the Minister had to say. I have reviewed the advice that the Minister has given to the noble Lord, Lord Skelmersdale, as regards the duty to notify. My conclusions are the same. I entirely agree with the Minister's analysis on this point. It may be that the brand-sharing regulations will need to be notified in due course, but that is further down the track and does not relate to the primary legislation. I do not entirely understand why the Netherlands and Denmark have notified what at first sight are similar provisions, but we shall see whether they have the right approach. In those circumstances, it would be wrong to make the blinding assumption that we automatically fall under the technical standards directive, so the amendment is unnecessary.
Lord Skelmersdale: My Lords, if I have shown nothing else today, I should have thought that it was blindingly obvious that I do not blindly follow any particular line or concept. I am grateful to my noble friends Lord Northesk and Lord Geddes, but this is far from being a narrow procedural point. It is not even exclusively relevant to the Bill; it may well arise in relation to other legislation that applies to the provision of Internet services.
The noble Lord, Lord Peston, with his usual good humour and a smiling face, made an interesting political point that I really do not think is appropriate for this Chamber. We are not good at political points; we are quite good at logic—sometimes better than others, I accept. Why should not my noble friend Lord Geddes and I seek solace from European law? After all, we are both long-standing members of various sub-committees of your Lordships' Select Committee on
the European Union. My noble friend tells me that he is a former chairman of one such sub-committee, on which the noble Lord, Lord Faulkner, now sits with me.Of course, the proof of the pudding will be in the eating. If the Bill needs to be referred and the Government have got it wrong—as I maintain that they have—the Bill will be struck down by the European Court. No one wants that—they really do not. The Government are being totally dogmatic for
the wrong reasons. Were it not that so few Members are present, I should be very tempted to test the opinion of the House, but given the late hour, I shall resist that temptation.The noble Lord smiles; perhaps he would like me to change my mind. No? In that case, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
- House adjourned at seven minutes to five o'clock.
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