Digital Economy Bill — Report (2nd Day) — 20 Mar 2017 at 18:07

Moved by Lord Ashton of Hyde

25Q: Clause 18, page 20, line 29, leave out subsection (1) and insert-“(1) Where the Secretary of State proposes to make a designation under section 17, the Secretary of State must lay before both Houses of Parliament-(a) particulars of that proposed designation, and(b) a statement of the reasons why the Secretary of State is satisfied about the matters mentioned in section 17(4).”

25R: Clause 18, page 20, line 35, at end insert-“(3A) But subsection (3B) applies, instead of subsections (2) and (3), where the proposed designation would be-(a) the first to be made under section 17 , or(b) the first to be made under that section for the purposes of a particular function.(3B) The Secretary of State may not make the designation unless it has been approved by a resolution of each House of Parliament.”

25S: Clause 18, page 20, line 36, leave out “subsection (3) is” and insert “subsections (3) and (3A) are”

Moved by Lord Ashton of Hyde

25T: Clause 21, page 23, line 24, at end insert-“( ) The Secretary of State must lay before both Houses of Parliament the guidelines, and any revised guidelines, published under this section.”

Moved by Lord Ashton of Hyde

25U: Clause 22, page 23, line 44, leave out “prohibited” and insert “extreme pornographic”

25V: Clause 22, page 24, line 6, leave out paragraph (b) and insert-“(b) state whether it is subsection (1)(a) that applies or subsection (1)(b) or both;”

25W: Clause 22, page 24, line 11, leave out subsection (4)

25X: Clause 22, page 24, line 28, leave out “prohibited” and insert “extreme pornographic”

25Y: Clause 22, page 24, line 33, leave out “prohibited” and insert “extreme pornographic”

25YA: Clause 22, page 24, line 39, leave out subsection (7)

25YB: Clause 22, page 24, line 43, leave out subsection (8)

Moved by Lord Ashton of Hyde

25YC: After Clause 22, insert the following new Clause-“Meaning of extreme pornographic material(1) In this Part “extreme pornographic material” means (subject to subsection (3)) material-(a) whose nature is such that it is reasonable to assume that it was produced solely or principally for the purposes of sexual arousal, and(b) which is extreme.(2) For the purposes of subsection (1)(b), material is extreme if-(a) its content is as described in section 63(7) or (7A) of the Criminal Justice and Immigration Act 2008, and(b) it is grossly offensive, disgusting or otherwise of an obscene character.(3) Material to which paragraphs (a) and (b) of subsection (1) apply is not “extreme pornographic material” if it is or was included in a classified video work, unless it is material to which subsection (4) applies.(4) This subsection applies to material-(a) which has been extracted from a classified video work, and(b) whose nature is such that it is reasonable to assume that it was extracted (with or without other material) solely or principally for the purposes of sexual arousal.(5) In this section-“classified video work” means a video work in respect of which the video works authority has issued a classification certificate;“video work” means a video work within the meaning of the Video Recordings Act 1984;“the video works authority” has the meaning given in section 16 ;“classification certificate” has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);“material” means-(a) a still image or series of still images, with or without sound; or(b) a series of visual images shown as a moving picture, with or without sound.”

Moved by Baroness Butler-Sloss

25YD: After Clause 22, insert the following new Clause-“Extreme pornographic material: review and repeal(1) Subject to subsections (2) to (6) at the end of the period of three years beginning with the day on which this Act is passed-(a) section 16(1)(g) to (i) ceases to have effect;(b) section (meaning of extreme pornographic material) (1) and (2) ceases to have effect, and is substituted with the following, which comes into force on that day-“(1) In this section “extreme pornographic material” means either of the following-(a) the whole or part of a video work- (i) if it is reasonable to assume from its nature that the video work was produced solely or principally for the purposes of sexual arousal, and (ii) if the video works authority has determined the video work not to be suitable for a classification certificate to be issued in respect of it;(b) material whose nature is such that it is reasonable to assume-(i) that it was produced solely or principally for the purposes of sexual arousal, and(ii) that the video works authority would determine that a video work including it was not suitable for a classification certificate to be issued in respect of it.”(2) Following the publication of a report under subsection (3) the Secretary of State may by regulations made by statutory instrument provide that the provisions of this Act do not cease to have effect in accordance with this section but are to continue in force indefinitely or for a specified period of time.(3) The Secretary of State must, within a period of two years beginning with the day on which this Act is passed, review and prepare a report on the operation of the provisions mentioned in subsection (6).(4) The review and report must consider the effect of the introduction of the definition of “extreme pornographic material” on the regulation of pornographic material under this Act and other enactments.(5) The Secretary of State must lay a copy of the report before each House of Parliament.(6) The sections are-(a) section 16,(b) section 22,(c) section (meaning of extreme pornographic material),(d) section 23,(e) section 25,(f) section 27.”(7) A statutory instrument containing regulations under this section 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 46, Noes 176.

Debate in Parliament |

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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.

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NamePartyVote
The Bishop of LeedsBishopaye
Lord Elton Con (front bench)aye
Lord Farmer Conaye
Lord Framlingham Conaye
Lord McColl of DulwichConaye
Lord Shinkwin Conaye
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 Barker of BattleConno
Lord Bates Con (front bench)no
Lord Bell Conno
Lord Blencathra Conno
Baroness Bloomfield of Hinton WaldristConno
Lord Borwick Con (front bench)no
Baroness Bottomley of NettlestoneConno
Lord Bowness Con (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 Buscombe Con (front bench)no
Baroness Byford Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
Lord Carrington of FulhamConno
Earl Cathcart Conno
Lord Chadlington Conno
Baroness Chisholm of OwlpenConno
Lord Colwyn Conno
Lord Cooper of WindrushConno
Lord Cope of BerkeleyCon (front bench)no
The Earl of CourtownCon (front bench)tellno
Baroness Couttie Conno
Lord Crathorne Conno
Lord Crickhowell Con (front bench)no
Lord de Mauley Con (front bench)no
Lord Deben Conno
Lord Dixon-Smith Conno
Lord Dobbs Conno
The Earl of DundeeConno
Lord Dunlop Con (front bench)no
Baroness Eaton Conno
Viscount Eccles Con (front bench)no
Baroness Eccles of MoultonCon (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Baroness Fall Conno
Lord Faulks Conno
Lord Feldman of ElstreeConno
Lord Fellowes of West StaffordConno
Lord Fink Con (front bench)no
Lord Finkelstein Con (front bench)no
Lord Flight Con (front bench)no
Baroness Fookes Con (front bench)no
Lord Forsyth of DrumleanCon (front bench)no
Lord Fraser of CorriegarthConno
Lord Freeman Conno
Lord Freud Conno
Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
Baroness Gardner of ParkesConno
Lord Garel-Jones Conno
Lord Geddes Con (front bench)no
Lord Glendonbrook Conno
Baroness Goldie Con (front bench)no
Lord Goodlad Con (front bench)no
Lord Griffiths of FforestfachConno
Lord Hague of RichmondConno
Lord Hamilton of EpsomCon (front bench)no
Lord Harris of PeckhamConno
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 RichmondConno
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 Inglewood Con (front bench)no
Lord James of BlackheathConno
Baroness Jenkin of KenningtonConno
Lord Jopling Con (front bench)no
Lord Keen of ElieCon (front bench)no
Lord King of BridgwaterConno
Lord Kirkham Conno
Lord Kirkhope of HarrogateConno
Lord Lamont of LerwickCon (front bench)no
Lord Lang of MonktonCon (front bench)no
Lord Lansley Con (front bench)no
Lord Leigh of HurleyCon (front bench)no
Lord Lexden Con (front bench)no
The Earl of LindsayCon (front bench)no
Lord Lingfield Conno
Lord MacGregor of Pulham MarketCon (front bench)no
Lord Mackay of ClashfernConno
Lord Magan of CastletownCon (front bench)no
Lord Mancroft Conno
Baroness Manzoor Conno
Lord Marland Conno
Lord McInnes of KilwinningConno
Baroness McIntosh of PickeringConno
Baroness Mobarik Con (front bench)no
Baroness Morris of BoltonCon (front bench)no
Lord Moynihan Con (front bench)no
Lord Nash Con (front bench)no
Baroness Neville-Jones Con (front bench)no
Baroness Neville-Rolfe Con (front bench)no
Baroness Newlove Con (front bench)no
Lord Northbrook Conno
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 Polak Con (front bench)no
Lord Popat Conno
Lord Porter of SpaldingConno
Lord Price Con (front bench)no
Lord Prior of BramptonCon (front bench)no
Baroness Rawlings Con (front bench)no
Baroness Redfern Conno
Viscount Ridley Con (front bench)no
Lord Risby Con (front bench)no
Lord Robathan Conno
Baroness Rock 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
Baroness Shephard of NorthwoldConno
Lord Sherbourne of DidsburyCon (front bench)no
Baroness Shields Con (front bench)no
Lord Skelmersdale Con (front bench)no
Lord Smith of HindheadConno
Lord Spicer Conno
Lord Strathclyde Conno
Baroness Sugg Conno
Lord Suri Conno
Lord Taylor of HolbeachCon (front bench)tellno
Lord Trefgarne Con (front bench)no
Lord True Con (front bench)no
Lord Tugendhat Con (front bench)no
Viscount Ullswater 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
Baroness Wheatcroft Con (front bench)no
Lord Whitby Conno
Baroness Wilcox Con (front bench)no
Lord Willetts Conno
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 LiverpoolCrossbenchtellaye
Lord Best Crossbench (front bench)aye
Lord Bilimoria Crossbenchaye
Lord Birt Crossbenchaye
Baroness Butler-Sloss Crossbench (front bench)tellaye
Lord Cameron of DillingtonCrossbench (front bench)aye
Viscount Colville of CulrossCrossbenchaye
Lord Craig of RadleyCrossbench (front bench)aye
Lord Eames Crossbench (front bench)aye
Viscount Falkland Crossbench (front bench)aye
Baroness Finlay of LlandaffCrossbenchaye
Baroness Hayman Crossbenchaye
Baroness Howe of IdlicoteCrossbenchaye
Lord Hylton Crossbenchaye
Lord Kerr of KinlochardCrossbench (front bench)aye
The Earl of ListowelCrossbenchaye
Lord Low of DalstonCrossbench (front bench)aye
Lord Luce Crossbenchaye
The Countess of MarCrossbench (front bench)aye
Baroness Masham of IltonCrossbenchaye
Lord Mawson Crossbench (front bench)aye
Baroness Morgan of DrefelinCrossbenchaye
Baroness Neuberger Crossbench (front bench)aye
Baroness O'Loan Crossbench (front bench)aye
Lord Patel Crossbench (front bench)aye
The Duke of SomersetCrossbenchaye
The Earl of StairCrossbenchaye
Lord Butler of BrockwellCrossbench (front bench)no
Lord Rana Crossbenchno
Viscount Slim Crossbenchno
Lord St John of BletsoCrossbenchno
Baroness Watkins of TavistockCrossbenchno
Lord Browne of BelmontDUPaye
Lord Hay of BallyoreDUPaye
Lord Morrow DUPaye
Lord Hope of CraigheadJudge (front bench)no
Lord Anderson of SwanseaLabaye
Lord Brennan Lab (minister)aye
Lord Gordon of StrathblaneLabaye
Lord Kirkhill Labaye
Baroness Mallalieu Lab (minister)aye
Lord Mitchell Lab (minister)aye
Lord Carlile of BerriewLDemaye
Lord Loomba LDemno
Baroness Nicholson of WinterbourneLDemno
Lord Mackenzie of FramwellgateNon-affiliatedaye
Lord Kalms Non-affiliatedno
Lord Wigley PCaye
Lord Pearson of RannochUKIPno
Lord Empey UUPno
Lord Rogan UUPno

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