Clause 3 - General duties of OFCOM
Communications Bill
12:30 pm

Photo of Mr Roger Gale

Mr Roger Gale (North Thanet, Conservative)

With this it will be convenient to take the following:

Amendment No. 150, in

clause 3, page 3, line 3, at beginning insert—

'( ) It shall be the principal duty of OFCOM to promote and further the interests of consumers and citizens.'.

Amendment No. 195, in

clause 3, page 3, line 3, leave out subsection (1) and insert—

'(1) It shall be the principal duty of OFCOM in carrying out their functions—

(a) to further the long-term interests of all citizens—

(i) by ensuring the availability of a diversity and plurality of high quality content in television and radio;

(ii) to secure that standards falling within subsection (2) are applied in the case of all television and radio services;

(iii) to secure the optimal use of wireless telegraphy of the electromagnetic spectrum; and

(b) to further the long-term interests of consumers by promoting the efficiency of electronic communications networks and services, and broadcasting

and to do so wherever possible by promoting effective competition in national, regional and local communications markets throughout the United Kingdom.'.

Amendment No. 151, in

clause 3, page 3, line 3, after 'the', insert 'further'.

Amendment No. 130, in

clause 3, page 3, leave out lines 4 to 13 and insert 'to further the interests of consumers and citizens—

(a) wherever possible by promoting effective competition;

(b) by securing the optimal use for wireless telegraphy of the electromagnetic spectrum;

(c) by securing the universal availability of a wide range of diverse and high quality communications services throughout the United Kingdom; and

(d) by securing standards falling within subsection (2) which are applied in the case of all television and radio services.'.

Amendment No. 29, in

clause 3, page 3, line 4, leave out 'where appropriate by promoting competition'.

Amendment No. 124, in

clause 3, page 3, line 13, at end insert—

'(e) to secure, so far as practicable and in the manner that best takes account of the need to protect personal data, in order to protect copyrighted content, and to empower parents to protect children from harmful content, that open standards for technological security systems are established and implemented.'.

Amendment No. 127, in

clause 3, page 3, line 13, at end insert—

'(e) to protect and promote the interest of citizens.'.

Amendment No. 27, in

clause 3, page 3, line 13, at end insert 'and in carrying out their functions, OFCOM shall have regard to the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed'.

Amendment No. 196, in

clause 3, page 3, line 20, at end insert—

'(2A) In performing their duties under subsection (1), OFCOM must observe the principles under which regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.'.

Amendment No. 48, in

clause 3, page 3, leave out lines 21 to 23 and insert—

'(3) It shall also be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to comply with the principles of good regulation, namely that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.

(3A) Subject to subsection (3), it shall be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to have regard in particular to such of the following as appear to them to be relevant in the circumstances—'.

Amendment No. 153, in

clause 3, page 3, leave out lines 21 to 23 and insert—

'(3) It shall also be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1), to comply, except where issues of national security preclude compliance, with the principles of good regulation, namely that regulatory activities should be transparent, accountable, proportionate, consistent and targeted only at cases in which action is needed.

(3A) Subject to subsection (3), it shall be the duty of OFCOM in carrying out their functions, and in the performance of their duties under subsection (1) to have regard in particular to such of the following as appear to them to be relevant in the circumstances—.'.

Amendment No. 46, in

clause 3, page 3, line 24 after 'promoting', insert 'long-term and sustainable'.

Amendment No. 152, in

clause 3, page 3, line 24, at end insert—

'(aa) the rights of the citizen to access services which inform, educate and entertain;'.

Amendment No. 28, in

clause 3, page 3, line 25, leave out paragraph (b).

Amendment No. 47, in

clause 3, page 3, line 32, after 'encouraging', insert 'long-term and sustainable'.

Amendment No. 125, in

clause 3, page 4, line 3, at end insert—

'(n) the desirability of open standards for technological security systems to prevent unauthorised use of personal data and copyrighted content.'.

Amendment No. 131, in

clause 3, page 4, line 6, leave out 'and value for money' and insert 'value for money, universal access, fairness, information and redress'.

Amendment No. 34, in

clause 10, page 10, line 30, at end insert 'and'.

Amendment No. 35, in

clause 10, page 10, line 34, leave out from 'put' to end of line 37.

I reiterate that I am quite prepared to have a comprehensive debate at the start of discussion on the clause, but if so there will not be a stand part debate.

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