Digital Economy Bill — House of Lords, 2017-02-02
Topic: Civil Rights
Margaret Beryl Jones (Labour, Centre-left): My Lords, this returns to some of the more detailed proposals of the Delegated Powers and Regulatory Reform Committee and the Constitution Committee. As I have already said, when we first looked at Part 3, we were immediately concerned about the lack of oversight and accountability of the powers and functions of the age verification regulator or regulators. So we were not surprised, when the reports of the Constitution Committee and the Delegated Powers and Regulatory Reform Committee were published, that they very much echo our concerns. For example, the Constitution Committee said: "We are concerned that the extent to which the Bill leaves the details of the age-verification regime to guidance and guidelines to be published by the as yet-to-be-designated regulator adversely affects the ability of the House effectively to scrutinise this legislation. … The House may wish to consider whether it would be appropriate for a greater degree of detail to be included on the face of the bill" This is what we are debating and grappling with today The Delegated Powers Committee raised a number of more detailed criticisms. For example, it was concerned that the Bill leaves it to the Secretary of State to determine who the regulator or regulators should be, and said that it is inappropriate for the regulator to then decide what the appeals mechanism should be. It flagged up the need for this to be an independent body. It was deeply concerned that the regulator would be left to draw up its own guidelines on the circumstances in which internet sites would be deemed to be publishing pornographic materials. It went on to say: "We consider it objectionable as a matter of principle that a regulator, who is to be clothed with extensive powers to impose fines and take other enforcement action, should itself be able to specify how key concepts used in clause 15(1) are to be interpreted" It also noted that further broad discretion to the regulator was being granted to produce guidelines on the application of those financial penalties. In all these areas it therefore recommended that the regulator’s guidelines should be laid before Parliament and subject to the affirmative process. In the absence of a positive government response to these recommendations, we have been helpful by setting out a number of amendments that aim to achieve that desired outcome So Amendment 54C would require the guidance on the types of arrangements for making pornographic material available, and circumstances in which it is judged to be commercial, to be laid as SIs before both Houses. Amendment 55A specifies that the Secretary of State should make regulations for a clear appeals procedure which would come before both Houses, and makes it clear that the appeals regime should be independent. We are also supporting Amendments 69 and 229B, in the name of the noble Lord, Lord Paddick, which aim to achieve a similar outcome Amendment 56A would require an SI on the arrangements for issuing enforcement notices to those who contravene the age verification regime. Amendment 62A would require the guidelines on the blocking of access to sites via payment providers and ancillary service providers to come before both Houses in the form of SIs. All these proposals are drawn from the recommendations of the Delegated Powers Committee I have also added my name to Amendment 66, in the name of the noble Lord, Lord Paddick. We believe that the power to block sites, while important as an ultimate deterrent, should be imposed proportionately and with careful scrutiny. The current wording of Clause 23 allows for the regulator to give a notice to an internet service provider that it should block non-compliant sites so that the offending material cannot be accessed. The clause also specifies that the regulator should inform the Secretary of State of its intention to give such a notice. We do not believe that that is the right mechanism, and it does not provide enough independent scrutiny of the decision. This is why the amendment requires a blocking injunction to be initiated by the Secretary of State in conjunction with the regulator.