Clause 1 - Functions and general powers of OFCOM
Communications Bill
11:30 am
Mr John Greenway (Ryedale, Conservative)
My hon. Friend the Member for Maldon and East Chelmsford has raised the fact that Ofcom will be extremely powerful. However, in clause 1 stand part debate we need to be clear how the various mechanisms relating to Ofcom's powers work.
As I understand it, and as the hon. Member for Ceredigion (Mr. Thomas) has pointed out, clauses 1 and 2 and schedule 1 restrict Ofcom's responsibility to those functions that are currently carried out by the five existing regulators. Although clause 1(3) appears to give Ofcom the power to do almost anything it likes in respect of those functions, which makes it powerful, it is still restricted in terms of pursuing its functions. Other powers will be granted to Ofcom as we proceed through the Bill. It would be helpful if the Minister could endeavour to explain to what extent he believes that Ofcom will have the flexibility that it needs in regulating and developing a future market in telecommunications and the media. In the original sittings motion debate, I was about to refer back to the experience that you, Mr. Gale, and I had in 1990. The ink had barely dried on the Bill and Royal Assent had been granted, but some of its provisions were already out of date.
The issue is important for the industry. I rather hope that, by the time our proceedings have finished and the Bill has been to another place—presumably in the summer—we will all be satisfied that we have a Bill that creates a new regulator, notwithstanding its huge powers, to which my hon. Friend the Member for Maldon and East Chelmsford referred. The regulator must have the flexibility within the framework that we have set to adapt to the changes that will undoubtedly take place in the marketplace.
If we are lucky enough to catch your eye, Mr. Gale, we will concentrate on teasing out precisely what Ofcom's duties will be, especially whether it will have, for example, powers to further the cause of deregulation, which, judging by what my hon. Friend said, is something in which the chairman, Lord Currie, deeply believes. We also want to examine the extent to which Ofcom can encourage self-regulation in areas where that is not the order of the day. It is vital that the Minister deals with the issue in the stand part debate and we are clear about the precise powers that Ofcom will have in relation to particular functions, and how limited those functions may be.
For the first time, another regulator will have powers over the BBC. I understand that there is to be a revised version of the BBC agreement. When will that be published? Some promise has been made that it would be done by the time we reached the relevant clauses, and some indication of when it would appear was discussed by the Joint Committee. I am sure that this Committee would find it helpful to know.
Several hon. Members rose—