Digital Economy Bill — Report (1st Day) — 22 Feb 2017 at 17:45

Moved by Lord Ashton of Hyde

6: Schedule 1, page 107, line 41, at end insert-“Code rights and land registration13A_ Where an enactment requires interests, charges or other obligations affecting land to be registered, the provisions of this code about who is bound by a code right have effect whether or not that right is registered.”

Moved by Lord Ashton of Hyde

7: Schedule 1, page 108, line 33, leave out “90(2)(b)” and insert “90(2)(a)”

8: Schedule 1, page 113, line 31, after “is” insert “, subject to sub-paragraph (3A),”

9: Schedule 1, page 113, line 37, leave out “as if the transaction were” and insert “on the basis that the transaction was”

10: Schedule 1, page 113, line 39, leave out from beginning to end of line 7 on page 114 and insert-“(3A) The market value must be assessed on these assumptions-(a) that the right that the transaction relates to does not relate to the provision or use of an electronic communications network;(b) that paragraphs 15 and 16 (assignment, and upgrading and sharing) do not apply to the right or any apparatus to which it could apply;(c) that the right in all other respects corresponds to the code right;(d) that there is more than one site which the buyer could use for the purpose for which the buyer seeks the right.”

11: Schedule 1, page 140, line 22, after “is” insert “, subject to sub-paragraph (7A),”

12: Schedule 1, page 140, leave out lines 30 to 40 and insert-“(7A) The market value must be assessed on these assumptions-(a) that the right that the transaction relates to does not relate to the provision or use of an electronic communications network;(b) that the right in all other respects corresponds to the tidal water right;(c) that there is more than one site which the buyer could use for the purpose for which the buyer seeks the right.”

13: Schedule 1, page 157, line 12, leave out “and Wales”

Moved by Lord Ashton of Hyde

15: Schedule 1, page 160, line 22, after “Commissioners” insert “or the relevant person”

16: Schedule 1, page 160, line 43, at end insert-“( ) In sub-paragraph (6)(a) “relevant person”, in relation to land to which section 90B(5) of the Scotland Act 1998 applies, means the person having the management of that land.”

Moved by Lord Stevenson of Balmacara

17: After Clause 8, insert the following new Clause-“OFCOM power to impose caps upon wireless telegraphy licensesIn Schedule 1 to the Wireless Telegraphy Act 2006, for paragraph 3 (information to be provided in connection with applications) substitute-“3 The grounds on which a licence may be refused by OFCOM include-(a) a failure by the applicant to provide information which OFCOM reasonably require in order to satisfy themselves that the applicant is able to comply with terms, provisions or limitations to which the licence may be made subject, or(b) where the applicant owns more than 30% of the total useable mobile phone spectrum in the UK and OFCOM has a reasonable belief that the award of further licences would have a damaging impact upon competition in a given electronic communications market.3A Where an applicant already owns more than 30% of the total usable mobile phone spectrum in the UK, and OFCOM has a reasonable belief that the holding of these licences may have a damaging impact upon competition in a given electronic communications market, OFCOM may request that the holder of the spectrum must divest a proportion of its spectrum holdings until such a competition issue no longer exists.3B Within six months of the day on which the Digital Economy Act 2017 is passed, OFCOM must commission an evaluation of the distribution of radio spectrum suitable for use for the purpose of mobile telephony and present a report to the Secretary of State.3C The evaluation under subsection (3B) must consider-(a) the impact on competition in the mobile telephony market of the current distribution of spectrum;(b) the impact on consumers, both financial and in terms of coverage;(c) the efficiency of current spectrum usage; and(d) the impact of preventing any one licence holder from owning more than 30% of the total spectrum useable for mobile telephony.3D The Secretary of State must lay the report of the review before each House of Parliament by 1 July 2018.””

Moved by Baroness Buscombe

19: Before Clause 28, insert the following new Clause-“Lending of e-books by public libraries(1) In section 5(2) of the Public Lending Right Act 1979 (interpretation) for the definition of “lent out” substitute-““lent out” means made available to a member of the public for use away from library premises for a limited time (including by being communicated by means of electronic transmission to a place other than library premises) and “loan” and “borrowed” are to be read accordingly;”.(2) Section 40A of the Copyright, Designs and Patents Act 1988 (lending of copies by libraries or archives) is amended as follows.(3) After subsection (1) insert-“(1ZA) Subsection (1) applies to an e-book or an e-audio-book only if- (a) the book has been lawfully acquired by the library, and(b) the lending is in compliance with any purchase or licensing terms to which the book is subject.”(4) In subsection (1A)-(a) for “subsection (1)” substitute “subsections (1) and (1ZA)”;(b) after paragraph (a) insert-“(aa) “e-audio-book” means an audio-book (as defined in paragraph (a)) in a form enabling lending of the book by electronic transmission,”.”

Moved by Lord Stevenson of Balmacara

20: Clause 28, page 29, line 23, at end insert-“(7) If it appears to the Secretary of State that the extent of the manufacture of unauthorised decoders or similar equipment for sale or hire imported into the United Kingdom (otherwise than for private and domestic use) or distribution otherwise than in the course of a business has reached a level which is likely to affect prejudicially the owners of copyright works, the Secretary of State may bring forward regulations made by statutory instrument which prohibit such activities.(8) A statutory instrument containing regulations made under subsection (7) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Ayes 133, Noes 182.

Debate in Parliament |

Public Whip is run as a free not-for-profit free service. If you'd like to support us, please consider switching your electricity and/or gas to Bulb Energy who provide 100% renewable electricity and tend to be 20% cheaper than the 'Big Six'. They'll also pay any exit fees (up to £120) from your old supplier AND give you (and us) a £50 credit for joining up via our Bulb Referral Link.

All Votes Cast - sorted by party

Lords for which their vote in this division differed from the majority vote of their party are marked in red. Also shows which lords were ministers at the time of this vote. You can also see every eligible lord including those who did not vote in this division.

Sort by: Name | Party | Vote

NamePartyVote
The Bishop of ChesterBishopno
Lord Ahmad of WimbledonCon (front bench)no
Baroness Altmann Conno
Baroness Anelay of St JohnsCon (front bench)no
Lord Arbuthnot of EdromConno
Lord Ashton of HydeCon (front bench)no
Lord Astor of HeverConno
Earl Attlee Con (front bench)no
Lord Baker of DorkingConno
Lord Balfe Con (front bench)no
Lord Bates Con (front bench)no
Lord Bell Conno
Baroness Bertin Conno
Lord Black of BrentwoodConno
Lord Blencathra Conno
Baroness Bloomfield of Hinton WaldristConno
Lord Borwick Con (front bench)no
Lord Bourne of AberystwythCon (front bench)no
Lord Brabazon of TaraCon (front bench)no
Baroness Brady Conno
Viscount Bridgeman Con (front bench)no
Lord Bridges of HeadleyCon (front bench)no
Lord Brougham and Vaux Con (front bench)no
Baroness Browning Con (front bench)no
Baroness Buscombe Con (front bench)no
Lord Caine Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
Lord Carrington of FulhamConno
Earl Cathcart Con (front bench)no
Lord Cavendish of FurnessConno
Lord Colwyn Conno
Lord Cope of BerkeleyCon (front bench)no
Lord Cormack Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Baroness Couttie Conno
Lord Crathorne Conno
Baroness Cumberlege Conno
Lord de Mauley Con (front bench)no
Lord Dixon-Smith Conno
The Earl of DundeeConno
Lord Dunlop Con (front bench)no
Baroness Eaton Con (front bench)no
Viscount Eccles Con (front bench)no
Lord Elton Con (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Lord Farmer Conno
Lord Faulks Conno
Lord Fink Con (front bench)no
Baroness Finn Conno
Lord Flight Con (front bench)no
Baroness Fookes Con (front bench)no
Lord Forsyth of DrumleanCon (front bench)no
Lord Framlingham Conno
Lord Fraser of CorriegarthConno
Lord Freeman Conno
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
Baroness Gardner of ParkesConno
Lord Geddes Con (front bench)no
Lord Gilbert of PantegCon (front bench)no
Lord Glenarthur Con (front bench)no
Lord Gold Conno
Baroness Goldie Con (front bench)no
Lord Goodlad Con (front bench)no
Lord Green of HurstpierpointCon (front bench)no
Lord Griffiths of FforestfachConno
Viscount Hailsham Conno
Lord Hamilton of EpsomCon (front bench)no
Baroness Hanham Conno
Lord Hayward Conno
Lord Henley Con (front bench)no
Lord Hill of OarefordConno
Baroness Hodgson of AbingerConno
Lord Hodgson of Astley AbbottsCon (front bench)no
Lord Holmes of RichmondCon (front bench)no
The Earl of HomeConno
Baroness Hooper Con (front bench)no
Lord Horam Con (front bench)no
Lord Howard of RisingConno
Earl Howe Con (front bench)no
Lord Howell of GuildfordCon (front bench)no
Lord Hunt of WirralCon (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonCon (front bench)no
Lord Keen of ElieCon (front bench)no
Lord King of BridgwaterConno
Lord Lang of MonktonCon (front bench)no
Lord Lansley Con (front bench)no
Lord Lawson of BlabyConno
Lord Leigh of HurleyCon (front bench)no
Lord Lexden Con (front bench)no
The Earl of LindsayCon (front bench)no
The Earl of LiverpoolConno
Lord Lucas Conno
Lord Lupton Con (front bench)no
Lord MacGregor of Pulham MarketCon (front bench)no
Lord Mackay of ClashfernCon (front bench)no
Lord MacLaurin of KnebworthConno
Lord Magan of CastletownCon (front bench)no
Baroness Manzoor Conno
Lord Marlesford Conno
Lord Maude of HorshamConno
Lord McColl of DulwichCon (front bench)no
Lord McInnes of KilwinningConno
Baroness McIntosh of PickeringCon (front bench)no
Baroness Mobarik Con (front bench)no
The Duke of MontroseCon (front bench)no
Baroness Morris of BoltonCon (front bench)no
Lord Moynihan Con (front bench)no
Lord Naseby Con (front bench)no
Lord Nash Con (front bench)no
Baroness Neville-Jones Con (front bench)no
Baroness Newlove Con (front bench)no
Lord Northbrook Con (front bench)no
Lord Norton of LouthCon (front bench)no
Baroness O'Cathain Con (front bench)no
Lord O'Shaughnessy Con (front bench)no
Baroness Oppenheim-Barnes Conno
Baroness Pidding Conno
Lord Popat Conno
Lord Porter of SpaldingConno
Lord Prior of BramptonCon (front bench)no
Baroness Rawlings Con (front bench)no
Baroness Redfern Con (front bench)no
Lord Renfrew of KaimsthornConno
Lord Ribeiro Con (front bench)no
Viscount Ridley Con (front bench)no
Lord Risby Con (front bench)no
Lord Robathan Conno
Baroness Rock Conno
Lord Sassoon Conno
Baroness Scott of BybrookConno
Baroness Seccombe Con (front bench)no
The Earl of SelborneCon (front bench)no
Lord Selkirk of DouglasCon (front bench)no
Lord Selsdon Conno
Baroness Shackleton of BelgraviaCon (front bench)no
Baroness Sharples Conno
Lord Sheikh Con (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Baroness Shields Con (front bench)no
Lord Shinkwin Con (front bench)no
Lord Skelmersdale Con (front bench)no
Lord Smith of HindheadCon (front bench)no
Lord Spicer Conno
Baroness Stedman-Scott Con (front bench)no
Lord Sterling of PlaistowConno
Baroness Stowell of BeestonCon (front bench)no
Lord Strathclyde Conno
Baroness Stroud Conno
Baroness Sugg Conno
Lord Suri Conno
Lord Taylor of HolbeachCon (front bench)tellno
Lord Trefgarne Con (front bench)no
Viscount Trenchard Conno
Lord True Con (front bench)no
Baroness Vere of NorbitonCon (front bench)no
Baroness Verma Con (front bench)no
Lord Wakeham Con (front bench)no
Baroness Warsi Conno
Lord Wasserman Conno
Lord Wei Con (front bench)no
Baroness Wilcox Con (front bench)no
Baroness Williams of TraffordCon (front bench)no
Lord Young of CookhamCon (front bench)no
Viscount Younger of LeckieCon (front bench)no
Lord Aberdare Crossbench (front bench)aye
Lord Alton of LiverpoolCrossbenchaye
Lord Best Crossbench (front bench)aye
Lord Bilimoria Crossbench (front bench)aye
The Earl of ClancartyCrossbenchaye
Viscount Colville of CulrossCrossbenchaye
Lord Craig of RadleyCrossbench (front bench)aye
Lord Cromwell Crossbench (front bench)aye
Lord Eames Crossbench (front bench)aye
Baroness Finlay of LlandaffCrossbenchaye
Baroness Greengross Crossbenchaye
Baroness Grey-Thompson Crossbenchaye
Lord Hameed Crossbenchaye
Lord Hannay of ChiswickCrossbench (front bench)aye
Lord Haskins Crossbench (front bench)aye
Baroness Hollins Crossbenchaye
Baroness Howe of IdlicoteCrossbenchaye
Lord Jay of EwelmeCrossbench (front bench)aye
Lord Kerr of KinlochardCrossbench (front bench)aye
Baroness Kidron Crossbench (front bench)aye
The Countess of MarCrossbench (front bench)aye
Baroness O'Neill of BengarveCrossbench (front bench)aye
Lord Pannick Crossbench (front bench)aye
Baroness Prashar Crossbench (front bench)aye
Lord Rees of LudlowCrossbench (front bench)aye
The Duke of SomersetCrossbenchaye
Lord St John of BletsoCrossbenchaye
Lord Stevens of KirkwhelpingtonCrossbenchaye
Lord Trees Crossbench (front bench)aye
Baroness Young of HornseyCrossbenchaye
Viscount Brookeborough Crossbench (front bench)no
Baroness Butler-Sloss Crossbench (front bench)no
Viscount Craigavon Crossbenchno
Viscount Falkland Crossbench (front bench)no
Lord Greenway Crossbenchno
The Earl of KinnoullCrossbench (front bench)no
Lord Laming Crossbench (front bench)no
The Earl of LyttonCrossbenchno
Lord Macpherson of Earl's CourtCrossbenchno
Baroness O'Loan Crossbench (front bench)no
Lord Patel Crossbench (front bench)no
Lord Rowe-Beddoe Crossbench (front bench)no
Lord Stirrup Crossbench (front bench)no
Baroness Tonge Independent Liberal Democrataye
Lord Hope of CraigheadJudge (front bench)aye
Lord Bassam of BrightonLab (minister)aye
Lord Brookman Labaye
Lord Carter of ColesLab (minister)aye
Lord Clark of WindermereLabaye
Baroness Cohen of PimlicoLab (minister)aye
Baroness Donaghy Lab (minister)aye
Lord Foster of Bishop AucklandLabaye
Lord Giddens Labaye
Lord Goldsmith Labaye
Lord Grantchester Lab (minister)aye
Lord Harrison Lab (minister)aye
Lord Hollick Lab (minister)aye
Lord Hoyle Labaye
Lord Hunt of Kings HeathLab (minister)aye
Lord Jones Lab (minister)aye
Baroness Jones of WhitchurchLab (minister)aye
Lord Kennedy of SouthwarkLab (minister)aye
Lord Kirkhill Labaye
Lord Knight of WeymouthLabaye
Lord Maxton Lab (minister)aye
Lord McAvoy Lab (minister)aye
Lord Mendelsohn Lab (minister)aye
Lord Morris of AberavonLab (minister)aye
Baroness Morris of YardleyLabaye
Baroness Pitkeathley Lab (minister)aye
Baroness Sherlock Lab (minister)aye
Viscount Simon Lab (minister)aye
Lord Stevenson of BalmacaraLab (minister)aye
Lord Stone of BlackheathLabaye
Baroness Thornton Labaye
Baroness Warwick of UndercliffeLab (minister)aye
Lord Watson of InvergowrieLab (minister)aye
Baroness Wheeler Lab (minister)aye
Baroness Whitaker Labaye
Lord Young of Norwood GreenLabaye
Lord Addington LDem (front bench)aye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Baroness Benjamin LDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Lord Bradshaw LDemaye
Lord Bruce of BennachieLDem (front bench)aye
Lord Burnett LDemaye
Baroness Burt of SolihullLDem (front bench)aye
Lord Campbell of PittenweemLDemaye
Lord Chidgey LDemaye
Lord Clement-Jones LDemaye
Lord Cotter LDemaye
Lord Dholakia LDem (front bench)aye
Baroness Featherstone LDem (front bench)aye
Lord Foster of BathLDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
The Earl of GlasgowLDem (front bench)aye
Baroness Grender LDem (front bench)aye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)tellaye
Baroness Hussein-Ece LDemaye
Baroness Janke LDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Lord Lee of TraffordLDemaye
Lord Loomba LDemaye
Baroness Ludford LDem (front bench)aye
Lord McNally LDemaye
Baroness Miller of Chilthorne DomerLDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Oates LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDemaye
Lord Palumbo of SouthwarkLDemaye
Baroness Parminter LDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Shipley LDemaye
Lord Stephen LDemaye
Lord Stoneham of DroxfordLDem (front bench)tellaye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDemaye
Lord Taverne LDemaye
Lord Thomas of GresfordLDem (front bench)aye
Viscount Thurso LDemaye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDem (front bench)aye
Lord Wallace of SaltaireLDemaye
Lord Wallace of TankernessLDem (front bench)aye
Baroness Walmsley LDem (front bench)aye
Lord Willis of KnaresboroughLDem (front bench)aye
Lord Wrigglesworth LDem (front bench)aye
Lord Ahmed Non-affiliatedaye
Lord Bhatia Non-affiliatedaye
Baroness D'Souza Non-affiliatedaye
Lord Wigley PCaye
Lord Rogan UUPno

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

TWe're working on updating the site, but if you'd like to talk to us about the project, please email [email protected]

The Whip on the Web

Help keep PublicWhip alive