Digital Economy Bill — Report (3rd Day) — 29 Mar 2017 at 19:15

Moved by Lord Ashton of Hyde

33ZH: After Clause 87, insert the following new Clause-“Televising events of national interestTelevising events of national interest: power to amend qualifying conditionsIn section 98 of the Broadcasting Act 1996 (categories of service), after subsection (5) insert-“(5A) The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).(5B) An amendment made by regulations under this section does not affect-(a) the validity of any contract entered into before the regulations came into force, or(b) the exercise of any rights acquired under such a contract.(5C) Regulations under subsection (5A) may make transitional, transitory or saving provision.(5D) A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Moved by Lord Ashton of Hyde

33ZJ: Before Clause 88, insert the following new Clause-“Strategic priorities and provision of information(1) After section 2 of the Communications Act 2003 insert-“Strategic priorities2A Statement of strategic priorities(1) The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 2C (consultation and parliamentary procedure) are satisfied. (2) The statement is a statement prepared by the Secretary of State that sets out strategic priorities of Her Majesty’s Government in the United Kingdom relating to-(a) telecommunications,(b) the management of the radio spectrum, and(c) postal services.(3) The statement may, among other things, set out particular outcomes identified with a view to achieving the strategic priorities.(4) This section does not restrict the Secretary of State’s powers under any other provision of this Act or any other enactment.(5) A statement designated under subsection (1) must be published in such manner as the Secretary of State considers appropriate.(6) A statement designated under subsection (1) may be amended (including by replacing the whole or a part of the statement with new content) by a subsequent statement designated under that subsection, and this section and sections 2B and 2C apply in relation to any such subsequent statement as in relation to the original statement.(7) Except as provided by subsection (8), no amendment may be made under subsection (6) within the period of 5 years beginning with the day on which a statement was most recently designated under subsection (1).(8) An earlier amendment may be made under subsection (6) if-(a) since that day-(i) a Parliamentary general election has taken place, or(ii) there has been a significant change in the policy of Her Majesty’s government affecting any matter mentioned in subsection (2)(a), (b) or (c), or(b) the Secretary of State considers that the statement, or any part of it, conflicts with any of OFCOM’s general duties (within the meaning of section 3).2B Duties of OFCOM in relation to strategic priorities(1) This section applies where a statement has been designated under section 2A(1).(2) OFCOM must have regard to the statement when carrying out-(a) their functions relating to telecommunications,(b) their functions under the enactments relating to the management of the radio spectrum, and(c) their functions relating to postal services.(3) OFCOM must within the period of 40 days beginning with the day on which the statement is designated, or such longer period as the Secretary of State may allow-(a) explain in writing what they propose to do in consequence of the statement, and(b) publish a copy of that explanation in such manner as OFCOM consider appropriate.(4) OFCOM must, as soon as practicable after the end of-(a) the period of 12 months beginning with the day on which the first statement is designated under section 2A(1), and(b) every subsequent period of 12 months,publish a review of what they have done during the period in question in consequence of the statement.2C Consultation and parliamentary procedure(1) This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it under section 2A. (2) The Secretary of State must consult the following on a draft of the statement-(a) OFCOM, and(b) such other persons as the Secretary of State considers appropriate.(3) The Secretary of State must allow OFCOM a period of at least 40 days to respond to any consultation under subsection (2)(a).(4) After that period has ended the Secretary of State-(a) must make any changes to the draft that appear to the Secretary of State to be necessary in view of responses to the consultation, and(b) must then lay the draft before Parliament.(5) The Secretary of State must then wait until the end of the 40-day period and may not designate the statement if, within that period, either House of Parliament resolves not to approve it.(6) “The 40-day period” is the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).(7) When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.”(2) After section 24 of that Act insert-“24A Provision of information before publication(1) OFCOM must provide the Secretary of State, at least 24 hours before publication, with any information that they propose to publish.(2) If exceptional circumstances make it impracticable to provide the information to the Secretary of State 24 hours before publication it must instead be provided to the Secretary of State as long before publication as is practicable.(3) Subsections (1) and (2) have effect in any particular case subject to any agreement made between the Secretary of State and OFCOM in that case.(4) The Secretary of State may by regulations specify descriptions of information in relation to which the duty under subsection (1) does not apply.(5) Before making regulations under subsection (4), the Secretary of State must consult OFCOM.(6) Information provided to the Secretary of State under this section may not be disclosed by the Secretary of State during the protected period, except to another Minister of the Crown.(7) A Minister of the Crown to whom the information is disclosed under subsection (6) may not disclose the information during the protected period to any other person.(8) A Minister of the Crown may not make any representations to OFCOM during the protected period that specify or describe changes that the Minister considers should be made to information that has been provided under this section when it is published.(9) In this section-“the protected period”, in relation to information provided to the Secretary of State under this section, means the period beginning with the provision of the information and ending when either of the following occurs-(a) OFCOM publish the information;(b) OFCOM inform the Secretary of State that they consent to the disclosure of the information; “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.24B Provision of information to assist in formulation of policy(1) OFCOM may provide the Secretary of State with any information that they consider may assist the Secretary of State in the formulation of policy.(2) Information with respect to a particular business that has been obtained in the exercise of a power conferred by-(a) this Act,(b) the 1990 Act,(c) the 1996 Act,(d) the Wireless Telegraphy Act 2006, or(e) Part 3 of the Postal Services Act 2011,is not, so long as the business continues to be carried on, to be provided to the Secretary of State under this section without the consent of the person for the time being carrying on that business.”(3) The duty under subsection (1) of section 24A of that Act does not have effect until the day on which regulations made under subsection (4) of that section first come into force.(4) In section 393(6) of that Act (general restrictions on disclosure of information), after paragraph (a) insert-“(za) prevents the disclosure of information under section 24A or 24B;”.(5) In section 111(7) of the Wireless Telegraphy Act 2006 (general restrictions on disclosure of information), after paragraph (a) insert-“(aa) prevents the disclosure of information under section 24A or 24B of that Act;”.(6) In section 56 of the Postal Services Act 2011 (general restrictions on disclosure of information), after subsection (6) insert-“(6A) Nothing in this section prevents the disclosure of information under section 24A or 24B of the Communications Act 2003.”

Moved by Lord Ashton of Hyde

33ZL: After Clause 91, insert the following new Clause-“Offence of breaching limits on ticket salesPower to create offence of breaching limits on internet and other ticket sales(1) The Secretary of State may make regulations providing that it is an offence for a person in circumstances within subsection (2) to do an act within subsection (3). (2) Circumstances are within this subsection if each of the following applies-(a) tickets for a recreational, sporting or cultural event in the United Kingdom are offered for sale,(b) a purchase may be made wholly or partly by a process that the purchaser completes using an electronic communications network or an electronic communications service, and(c) the offer is subject to conditions that limit the number of tickets a purchaser may buy.(3) An act is within this subsection if it consists in using anything that enables or facilitates completion of any part of a process within subsection (2)(b) with intent to obtain tickets in excess of a limit imposed by conditions within subsection (2)(c).(4) The regulations may apply whether the offer is made, or anything is done to obtain tickets, in or outside the United Kingdom.(5) The regulations-(a) may be limited to particular circumstances within subsection (2), and to particular acts within subsection (3);(b) may provide for an offence to be subject to an exception or defence;(c) may make different provision for different areas.(6) The regulations must provide in England and Wales and Scotland for an offence to be triable only summarily.(7) The regulations may not provide for an offence to be punishable-(a) with imprisonment,(b) in Scotland, with a fine exceeding £50,000, or(c) in Northern Ireland, if tried summarily, with a fine exceeding the statutory maximum.(8) The power to make regulations under this section is exercisable by statutory instrument.(9) 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.(10) In this section “electronic communications network” and “electronic communications service” have the meaning given by section 32 of the Communications Act 2003.”

Moved by Lord Moynihan

33ZLZA: After Clause 91, insert the following new Clause-“Duty to provide information about ticketsIn section 90 of the Consumer Rights Act 2015 (duty to provide information about tickets), after subsection (4)(d) insert-“(e) the ticket reference or booking number;(f) any specific condition attached to the resale of the ticket.””

Ayes 180, Noes 157.

Debate in Parliament |

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Lord Moynihan Con (front bench)aye
Lord Ahmad of WimbledonCon (front bench)no
Baroness Altmann Conno
Lord Arbuthnot of EdromConno
The Earl of ArranConno
Lord Ashton of HydeCon (front bench)no
Lord Astor of HeverConno
Lord Baker of DorkingConno
Lord Bates Con (front bench)no
Baroness Berridge Con (front bench)no
Lord Blencathra Conno
Lord Borwick Con (front bench)no
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Lord Brabazon of TaraCon (front bench)no
Baroness Brady Conno
Lord Bridges of HeadleyCon (front bench)no
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Baroness Browning Con (front bench)no
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Baroness Byford Conno
Lord Caine Conno
The Earl of CaithnessCon (front bench)no
Lord Callanan Con (front bench)no
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Baroness Chalker of WallaseyConno
Baroness Chisholm of OwlpenConno
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Lord Colwyn Conno
Lord Cooper of WindrushConno
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Baroness Couttie Conno
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Lord de Mauley Con (front bench)no
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Lord Dixon-Smith Conno
The Earl of DundeeConno
Lord Dunlop Con (front bench)no
Viscount Eccles Con (front bench)no
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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 Fink Con (front bench)no
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Baroness Fookes Con (front bench)no
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Lord Framlingham Conno
Lord Fraser of CorriegarthConno
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Lord Gadhia Conno
Lord Gardiner of KimbleCon (front bench)no
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Baroness Goldie Con (front bench)no
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Lord Hamilton of EpsomCon (front bench)no
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Lord Hayward Conno
Baroness Helic Con (front bench)no
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Lord Higgins Conno
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Lord Hodgson of Astley AbbottsCon (front bench)no
Lord Holmes of RichmondConno
The Earl of HomeConno
Lord Horam Con (front bench)no
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Lord Hunt of WirralCon (front bench)no
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Lord James of BlackheathConno
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Lord Jopling Con (front bench)no
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Lord Lingfield Conno
The Earl of LiverpoolConno
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Lord Lupton Conno
Lord MacGregor of Pulham MarketCon (front bench)no
Lord MacLaurin of KnebworthConno
Lord Mancroft Con (front bench)no
Baroness Manzoor Conno
Lord Marlesford Conno
Lord McColl of DulwichCon (front bench)no
Baroness McGregor-Smith Conno
Baroness McIntosh of PickeringCon (front bench)no
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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
Baroness Noakes 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 Porter of SpaldingConno
Lord Prior of BramptonCon (front bench)no
Baroness Rawlings Con (front bench)no
Baroness Redfern Con (front bench)no
Viscount Ridley Con (front bench)no
Lord Robathan Conno
Lord Rose of MonewdenConno
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
Lord Sheikh Con (front bench)no
Lord Sherbourne of DidsburyCon (front bench)no
Lord Shinkwin Conno
Lord Skelmersdale Con (front bench)no
Baroness Stroud Conno
Baroness Sugg Conno
Lord Suri Conno
Lord Taylor of HolbeachCon (front bench)tellno
Lord Tebbit Conno
Lord Trefgarne Con (front bench)no
Viscount Trenchard Conno
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
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
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Lord Aberdare Crossbench (front bench)aye
Lord Best Crossbench (front bench)aye
Viscount Colville of CulrossCrossbenchaye
Viscount Craigavon Crossbenchaye
Lord Curry of KirkharleCrossbench (front bench)aye
Lord Elystan-Morgan Crossbenchaye
Lord Greenway Crossbenchaye
Baroness Howe of IdlicoteCrossbenchaye
Lord Kerr of KinlochardCrossbench (front bench)aye
Baroness Kidron Crossbench (front bench)aye
Baroness Masham of IltonCrossbenchaye
Lord Rees of LudlowCrossbench (front bench)aye
Lord Russell of LiverpoolCrossbenchaye
The Earl of SandwichCrossbenchaye
The Duke of SomersetCrossbenchaye
Lord Thurlow Crossbench (front bench)aye
Lord Trees Crossbench (front bench)aye
Lord Dear Crossbench (front bench)no
Lord Kilclooney Crossbenchno
Lord Browne of BelmontDUPaye
Baroness Jones of MoulsecoombGreenaye
Lord Brown of Eaton-under-HeywoodJudge (front bench)aye
Lord Hope of CraigheadJudge (front bench)no
Lord Anderson of SwanseaLabaye
Baroness Armstrong of Hill TopLab (minister)aye
Baroness Bakewell Lab (minister)aye
Lord Bassam of BrightonLab (minister)tellaye
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Lord Brooke of AlverthorpeLab (minister)aye
Lord Brookman Labaye
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Lord Clark of WindermereLabaye
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Baroness Crawley Lab (minister)aye
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Lord Donoughue Labaye
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Lord Dubs Lab (minister)aye
Lord Elder Labaye
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Lord Faulkner of WorcesterLab (minister)aye
Lord Foster of Bishop AucklandLabaye
Baroness Gale Lab (minister)aye
Lord Giddens Labaye
Lord Glasman Labaye
Baroness Golding Labaye
Lord Grantchester Lab (minister)aye
Lord Grocott Lab (minister)aye
Lord Hain Labaye
Viscount Hanworth Lab (minister)aye
Lord Harris of HaringeyLab (minister)aye
Lord Harrison Lab (minister)aye
Lord Haworth Labaye
Baroness Hayter of Kentish TownLab (minister)aye
Baroness Healy of Primrose HillLabaye
Baroness Henig Lab (minister)aye
Lord Hollick Lab (minister)aye
Baroness Hollis of HeighamLab (minister)aye
Lord Howarth of NewportLabaye
Baroness Howells of St DavidsLabaye
Lord Hughes of WoodsideLabaye
Lord Hunt of ChestertonLab (minister)aye
Lord Hunt of Kings HeathLab (minister)aye
Baroness Jones of WhitchurchLab (minister)aye
Lord Judd Lab (minister)aye
Lord Kennedy of SouthwarkLab (minister)aye
Baroness Kennedy of The ShawsLab (minister)aye
Lord Kinnock Labaye
Baroness Kinnock of HolyheadLabaye
Lord Kirkhill Labaye
Baroness Lawrence of ClarendonLab (minister)aye
Lord Lea of CrondallLabaye
Lord Liddle Lab (minister)aye
Lord Lipsey Lab (minister)aye
Baroness Lister of BurtersettLabaye
Lord Livermore Lab (minister)aye
Baroness Mallalieu Lab (minister)aye
Lord Maxton Lab (minister)aye
Lord McAvoy Lab (minister)aye
Baroness McDonagh Labaye
Baroness McIntosh of HudnallLab (minister)aye
Lord McKenzie of LutonLab (minister)aye
Lord Mendelsohn Lab (minister)aye
Lord Moonie Labaye
Baroness Morgan of HuytonLab (minister)aye
Lord Morris of AberavonLab (minister)aye
Lord Morris of HandsworthLab (minister)aye
Baroness Morris of YardleyLabaye
Lord Patel of BradfordLabaye
Lord Pendry Labaye
Lord Ponsonby of ShulbredeLabaye
Baroness Primarolo Labaye
Baroness Prosser Lab (minister)aye
Lord Puttnam Labaye
Baroness Ramsay of CartvaleLabaye
Lord Rooker Lab (minister)aye
Lord Rosser Lab (minister)aye
Lord Rowlands Lab (minister)aye
Baroness Royall of BlaisdonLabaye
Viscount Simon Lab (minister)aye
Baroness Smith of BasildonLab (minister)aye
Lord Snape Labaye
Lord Stevenson of BalmacaraLab (minister)aye
Baroness Taylor of BoltonLab (minister)aye
Baroness Thornton Labaye
Lord Tomlinson Labaye
Lord Touhig Lab (minister)aye
Lord Tunnicliffe Lab (minister)tellaye
Baroness Warwick of UndercliffeLab (minister)aye
Lord West of SpitheadLab (minister)aye
Baroness Wheeler Lab (minister)aye
Lord Whitty Lab (minister)aye
Lord Winston Labaye
Baroness Young of Old SconeLab (minister)aye
Lord Addington LDem (front bench)aye
Lord Alderdice LDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDem (front bench)aye
Baroness Benjamin 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 Clement-Jones LDemaye
Lord Cotter LDemaye
Baroness Falkner of MargravineLDem (front bench)aye
Baroness Featherstone LDem (front bench)aye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
The Earl of GlasgowLDem (front bench)aye
Lord Goddard of StockportLDem (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)aye
Baroness Janke LDem (front bench)aye
Lord Kirkwood of KirkhopeLDem (front bench)aye
Baroness Kramer LDem (front bench)aye
Baroness Ludford LDem (front bench)aye
Lord McNally LDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Purvis of TweedLDem (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 Scriven LDem (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 Stephen LDemaye
Lord Stoneham of DroxfordLDem (front bench)aye
Lord Storey LDem (front bench)aye
Lord Strasburger LDemaye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Lord Taylor of Goss MoorLDemaye
Lord Teverson LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Baroness Thornhill LDemaye
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 Wrigglesworth LDemaye
Baroness Nicholson of WinterbourneLDemno
Lord Hussain Non-affiliatedaye
Lord Taylor of WarwickNon-affiliatedno
Lord Wigley PCaye
Lord Empey UUPno
Lord Rogan UUPno

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