Digital Economy Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 19

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

226Page 21, line 10, leave out "may" and insert "must"
 

EARL OF ERROLL

227Page 21, line 17, after "for" insert "any of"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

228Page 21, leave out lines 21 and 22
 

EARL OF ERROLL

229Page 21, line 33, leave out "or a county court"
 

LORD LUCAS

 Lord Lucas gives notice of his intention to oppose the Question that Clause 19 stand part of the Bill.
 

Clause 20

 

LORD LUCAS

230Page 22, line 25, at end insert—
 ""the court" means—
(a)  in England and Wales, the High Court or a county court,
(b)  in Scotland, the Court of Session or the sheriff, and
(c)  in Northern Ireland, the High Court;"
 

Clause 21

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

231Page 23, leave out lines 5 to 8
 

BARONESS HOWE OF IDLICOTE

 

BARONESS BONHAM-CARTER OF YARNBURY

232Page 23, line 27, after "perspectives" insert "on UK society and on the world"
 

Clause 22

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.
 

After Clause 22

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

233Insert the following new Clause—
"Repeal of Statements of Programme Policy
  Section 266 of the Communications Act 2003 (statements of programme policy) is repealed."
 

Clause 28

 

LORD LUCAS

233APage 31, line 20, at end insert—
"(   )  A person appointed under this section may not be, and may not have as a significant shareholder, any government or local government body."
 

LORD PUTTNAM

 

LORD BRAGG

234Page 32, line 6, at end insert—
"(   )  conditions requiring the appointed person to comply with the due impartiality provisions of section 319(2) of the Communications Act 2003."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 28 stand part of the Bill.
 

After Clause 28

 

LORD PUTTNAM

 

LORD BRAGG

235Insert the following new Clause—
"News: increased penalty for contravention of due impartiality rule
  Notwithstanding any statutory provision or rule of law to the contrary, the maximum fine for failure to comply with a direction given by OFCOM in respect of the objective that news included in television or radio services is presented with due impartiality, in accordance with section 319(2)(c) of the Communications Act 2003, is increased to £500,000."
 

Clause 30

 

LORD MAXTON

235APage 33, line 13, at beginning insert "After consultation with companies providing satellite navigation services,"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

236Page 33, line 17, after "to" insert "—
(a)"  
237Page 33, line 19, at end insert "; and
(   )  the needs of local and community radio stations; and
(   )  the needs of analogue radio listeners."
 

LORD CLEMENT-JONES

 

LORD RAZZALL

238Page 33, line 19, at end insert—
"(2A)  The Secretary of State may not nominate a date for switchover—
(a)  unless it can be established that all local commercial radio stations will have the opportunity to move to digital audio broadcasting,
(b)  until the proportion of homes in each of the four nations of the UK able to receive—
(i)  national BBC services,
(ii)  national commercial radio services,
(iii)  local BBC services, and
(iv)  local commercial radio services,
  via digital audio broadcasting is equal to the proportion able to receive them via analogue broadcasting,
(c)  until digital audio broadcasting accounts for at least 67 per cent of all radio listening, and
(d)  until digital audio broadcasting receivers are installed in 50 per cent of private and commercial vehicles."
239Page 33, leave out line 21 and insert—
"(   )  must ensure that all commercial and BBC radio services broadcasting in the UK have the opportunity to switchover on the same date,"
 

LORD BISHOP OF MANCHESTER

 

LORD CLEMENT-JONES

239A*Page 33, line 21, after "services," insert "while retaining the use of the FM Band for those local and community radio services, including special interest services, for which digital transmission using DAB is not a suitable method due to—
(i)  the size of local DAB multiplex areas, or
(ii)  the unavailability of capacity on the local DAB multiplex,
 

LORD COTTER

240Page 33, line 33, at end insert—
"97AADisposal and recycling of domestic analogue radios
(1)  Following a decision to give notice to OFCOM under section 97A of a date for digital switchover, the Secretary of State must devise a scheme for the disposal and recycling of domestically owned analogue radios.
(2)  The scheme must include provision for a financial incentive for domestic owners of analogue radios to purchase a radio suitable for digital audio broadcasting following disposal and recycling of their analogue radios.
(3)  The financial incentive must be based on any profit made from the disposal and recycling of analogue radios and must not be derived from public funds."
 

LORD CLEMENT-JONES

 

LORD RAZZALL

241Page 34, line 1, leave out "2" and insert "4"
 

Clause 31

 

LORD CLEMENT-JONES

 

LORD RAZZALL

 The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.
 

Clause 38

 

LORD CLEMENT-JONES

 

LORD RAZZALL

 The above-named Lords give notice of their intention to oppose the Question that Clause 38 stand part of the Bill.
 

Clause 39

 

LORD MANDELSON

242Page 42, line 38, at end insert—
"(   )  In section 400 of the Communications Act 2003 (destination of licence fees and penalties), in subsection (1)(d), after "42" insert "or 43A"."
 

After Clause 39

 

LORD LUCAS

243Insert the following new Clause—
"Electromagnetic spectrum: access for European emergency service
3(1)  OFCOM must set aside a spectrum band or bands amounting to not less than 15 MHz in total and lying within that part of the spectrum that is expected, under Council recommendation 10141/09 or subsequent proposals, to be agreed upon for the extension of European emergency service access.
9(2)  OFCOM may not release any of the spectrum so set aside unless it sets aside equivalent spectrum, or determines after due consultation that the emergency services have no reasonable likelihood of requiring the spectrum to be released."
 

LORD CLEMENT-JONES

 

LORD RAZZALL

 

[Amendments 244 and 245 are amendments to amendment 243]

244Line 3, leave out "amounting to" and insert "commensurate with the requirements of the UK critical national infrastructure in addition to spectrum"
245Line 9, after "that" insert "such spectrum for the critical national infrastructure or"
 

Clause 40

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

BARONESS HOWE OF IDLICOTE

 

LORD GORDON OF STRATHBLANE

246Page 43, line 9, at end insert—
"(   )  In subsection (2)—
(a)  in paragraph (b), for "mutilation or torture of, or other acts of gross" substitute "graphic";
(b)  in paragraph (c), after "organs" insert "anus, breasts or buttocks";
(c)  in paragraph (d)—
(i)  after "offences" insert—
"(e)  dangerous behaviour;
(f)  racist, homophobic or other discriminatory language";
(ii)  after "paragraph (b)" insert ", (e) or (f)"."
247Page 43, leave out lines 41 to 44
 

Clause 41

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

BARONESS HOWE OF IDLICOTE

 

LORD GORDON OF STRATHBLANE

248Page 44, line 42, at end insert—
"(   )  Where there are two designated authorities, the video games authority must allocate to the video works authority—
(a)  if the primary purpose is not gaming; or
(b)  if the video game is likely to be rated R18."
249Page 45, leave out lines 17 to 19
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

250Page 45, leave out lines 21 to 23
 

BARONESS HOWE OF IDLICOTE

 

LORD GORDON OF STRATHBLANE

251Page 45, leave out lines 21 to 41 and insert—
  "Where there are two designated authorities, in the event that a video game includes one or more video works which are not video games, responsibility for making arrangements for determining whether such a video work is suitable for the issue of a classification certificate or for the issue of a classification certificate of a particular description falls with—
(a)  the video works authority for any video work included in the video game;
(b)  the video games authority for the rest of the video game."
 

After Clause 41

 

BARONESS HOWE OF IDLICOTE

251A*Insert the following new Clause—
"Duty to promote online safety
(1)  It shall be the duty of internet service providers and mobile phone operators to take such steps, and to enter into such arrangements—
(a)  to bring about, or to encourage others to bring about, a better public understanding of online safety;
(b)  to provide prominent, easily accessible and clear information on filtering options of public electronic communication services for the purposes of online safety—
(i)  at the time of purchase of the service; and
(ii)  to make such information available for the duration of the contract.
(2)  In this section "online safety" means safe, responsible use of the internet and other communication devices by children and young people."

 
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11 January 2010