Digital Economy Bill — Report (2nd Day) — 20 Mar 2017 at 18:30

Moved by Lord Ashton of Hyde

25YE: Clause 23, page 25, line 6, leave out “prohibited” and insert “extreme pornographic”

25YF: Clause 23, page 25, line 12, leave out paragraph (b) and insert-“(b) state whether it is subsection (1)(a) that applies or subsection (1)(b) or both;”

25YG: Clause 23, page 25, line 22, leave out “mentioned in section 17(4)(d)” and insert “to which section 17(4A)(d) applies”

25YH: Clause 23, page 26, line 17, leave out “prohibited” and insert “extreme pornographic”

25YJ: Clause 23, page 26, line 22, leave out “mentioned in section 17(4)(e)” and insert “to which section 17(4A)(e) applies”

25YK: Clause 23, page 26, line 29, leave out “prohibited” and insert “extreme pornographic”

25YL: Clause 23, page 26, leave out line 31

Moved by Lord Ashton of Hyde

25YM: After Clause 24, insert the following new Clause-“Guidance to be published by age-verification regulator(1) Subject to the following provisions of this section, the age-verification regulator must publish, and revise from time to time-(a) guidance about the types of arrangements for making pornographic material available that the regulator will treat as complying with section 15(1); and(b) guidance for the purposes of section 22(1) and (6) about the circumstances in which it will treat services provided in the course of a business as enabling or facilitating the making available of pornographic material or extreme pornographic material.(2) Once the regulator has prepared a draft of guidance it proposes to publish under subsection (1)(a), it must submit the draft to the Secretary of State.(3) When draft guidance is submitted to the Secretary of State under subsection (2), the Secretary of State must lay that draft guidance before both Houses of Parliament.(4) Once the regulator has prepared a draft of guidance it proposes to publish under subsection (1)(b), it must submit the draft to the Secretary of State for approval.(5) When draft guidance is submitted to the Secretary of State under subsection (4), the Secretary of State may approve it either without modification or with such modifications as the Secretary of State decides should be made to it.(6) Once the Secretary of State has approved draft guidance under subsection (5), the Secretary of State must lay the following before both Houses of Parliament-(a) the draft guidance, incorporating any modifications the Secretary of State has decided should be made to it under that subsection, and(b) if the draft incorporates such modifications, a statement of the Secretary of State’s reasons for deciding that those modifications should be made. (7) If, within the period of 40 days beginning with the day on which draft guidance is laid before Parliament under subsection (3) or (6), either House resolves not to approve that draft guidance, the age-verification regulator must not publish guidance in the form of that draft.(8) If no such resolution is made within that period, the age-verification regulator must publish the guidance in the form of the draft laid before Parliament.(9) But subsection (11) applies, instead of subsections (7) and (8), in a case falling within subsection (10).(10) The cases falling within this subsection are-(a) the case where draft guidance is laid before Parliament under subsection (3) and no previous guidance has been published under subsection (1)(a) by the age-verification regulator; and(b) he case where draft guidance is laid before Parliament under subsection (6) and no previous guidance has been published under subsection (1)(b) by the age-verification regulator.(11) The regulator must not publish guidance in the form of the draft laid before Parliament unless the draft has been approved by a resolution of each House of Parliament.(12) Subsections (7) and (11) do not prevent new draft guidance from being laid before Parliament.(13) For the purposes of subsection (7)-(a) where draft guidance is laid before each House of Parliament on different days, the later day is to be taken as the day on which it was laid before both Houses, and(b) in reckoning any period of 40 days, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.(14) References in this section to guidance and draft guidance include references to revised guidance and draft revised guidance.”

Moved by Lord Paddick

25YN: After Clause 24, insert the following new Clause-“Anonymity(1) Age-verification providers must be approved by the age-verification regulator.(2) In this section an “age-verification provider” means a person who appears to the age-verification regulator to provide, in the course of a business, a service used by a person to ensure that pornographic material is not normally accessible by persons under the age of 18.(3) The age-verification regulator must publish a code of practice to be approved by the Secretary of State and laid before Parliament.(4) The Code must include provisions to ensure that age-verification providers-(a) perform a Data Protection Impact Assessment and make this publicly available,(b) take full and appropriate measures to ensure the accuracy, security and confidentiality of the data of their users,(c) minimise the processing of personal information to that which is necessary for the purposes of age verification,(d) do not disclose the identity of individuals verifying their age to persons making pornography available on the internet, (e) take full and appropriate measures to ensure that their services do not enable persons making pornography available on the internet to identify users of their sites or services across differing sites or services,(f) do not create security risks for third parties or adversely impact security systems or cyber security,(g) comply with a set standard of accuracy in verifying the age of users.(5) The code must include provisions to ensure that publishers of pornographic material take full and appropriate measures to allow their users to choose the age-verification provider of their preference.(6) Age-verification providers and publishers of pornographic material must comply with the code of practice.(7) To the extent that a term of a contract purports to prevent or restrict the doing of any act required to comply with the code, that term is unenforceable.”

Ayes 74, Noes 199.

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
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
Baroness Berridge Con (front bench)no
Lord Blencathra Conno
Baroness Bloomfield of Hinton WaldristConno
Lord Borwick 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 Browning Con (front bench)no
Baroness Buscombe Con (front bench)no
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
Lord Cormack Con (front bench)no
The Earl of CourtownCon (front bench)tellno
Baroness Couttie Conno
Lord Crathorne Conno
Lord Crickhowell Con (front bench)no
Baroness Cumberlege Conno
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
Lord Elton Con (front bench)no
Baroness Evans of Bowes ParkCon (front bench)no
Lord Fairfax of CameronConno
Baroness Fall Conno
Lord Farmer Conno
Lord Faulks Conno
Lord Fellowes of West StaffordConno
Lord Fink Con (front bench)no
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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 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
Viscount Goschen Conno
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 Higgins Conno
Lord Hill of OarefordConno
Baroness Hodgson of AbingerConno
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 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
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 McColl of DulwichConno
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 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 Shinkwin Conno
Lord Skelmersdale Con (front bench)no
Lord Smith of HindheadConno
Lord Spicer Conno
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
Lord Trimble 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
The Duke of WellingtonCon (front bench)no
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
The Earl of ErrollCrossbenchaye
Viscount Falkland Crossbench (front bench)aye
Lord Kerr of KinlochardCrossbench (front bench)aye
Lord Best Crossbench (front bench)no
Lord Bilimoria Crossbenchno
Baroness Butler-Sloss Crossbench (front bench)no
Lord Cameron of DillingtonCrossbench (front bench)no
Viscount Colville of CulrossCrossbenchno
Viscount Craigavon Crossbenchno
Lord Eames Crossbench (front bench)no
Baroness Finlay of LlandaffCrossbenchno
Lord Greenway Crossbenchno
Baroness Howe of IdlicoteCrossbenchno
The Earl of LyttonCrossbenchno
The Countess of MarCrossbench (front bench)no
Baroness Masham of IltonCrossbenchno
Lord Mawson Crossbench (front bench)no
Baroness Neuberger Crossbench (front bench)no
Baroness O'Loan Crossbench (front bench)no
Lord Patel Crossbench (front bench)no
Lord Rana Crossbenchno
The Duke of SomersetCrossbenchno
The Earl of StairCrossbenchno
Baroness Watkins of TavistockCrossbenchno
Lord Browne of BelmontDUPno
Lord Hay of BallyoreDUPno
Lord Morrow DUPno
Baroness Tonge Independent Liberal Democrataye
Lord Hope of CraigheadJudge (front bench)no
Lord Addington LDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Baroness Bowles of BerkhamstedLDem (front bench)aye
Lord Bradshaw LDemaye
Baroness Brinton LDem (front bench)aye
Lord Burnett LDemaye
Baroness Burt of SolihullLDem (front bench)aye
Lord Campbell of PittenweemLDemaye
Lord Clement-Jones LDemaye
Lord Cotter LDemaye
Lord Dholakia LDemaye
Baroness Falkner of MargravineLDem (front bench)aye
Lord Fearn LDemaye
Lord Foster of BathLDem (front bench)aye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
Lord Goddard of StockportLDem (front bench)aye
Baroness Grender LDemaye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)tellaye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Lord Lee of TraffordLDemaye
Baroness Ludford LDem (front bench)aye
Lord Maclennan of RogartLDem (front bench)aye
Baroness Maddock LDem (front bench)aye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord McNally LDemaye
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
Baroness Parminter LDem (front bench)aye
Baroness Pinnock LDem (front bench)aye
Baroness Randerson LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Lord Rodgers of Quarry BankLDem (front bench)aye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Sharkey LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Baroness Smith of NewnhamLDem (front bench)aye
Lord Steel of AikwoodLDemaye
Lord Stephen LDemaye
Lord Stoneham of DroxfordLDem (front bench)tellaye
Lord Storey LDem (front bench)aye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Viscount Thurso LDemaye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDemaye
Lord Wallace of SaltaireLDemaye
Baroness Walmsley LDem (front bench)aye
Lord Willis of KnaresboroughLDemaye
Lord Loomba LDemno
Baroness Nicholson of WinterbourneLDemno
Lord Hussain Non-affiliatedaye
Lord Kalms Non-affiliatedno
Lord Wigley PCaye
Lord Empey UUPno

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