Clause 4 - Duties for the purpose of fulfilling
Communications Bill
10:30 am
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
The purpose of the clause is essentially to ensure that the requirements under the various directives made by the European Union are properly transposed into UK law. Therefore it is important that the wording of the Bill should precisely reflect the requirements under the various directives. I am keenly aware of the widespread view that all too often when we implement directives through legislation there is a tendency to go a little further than is necessarily required. It is known as gold-plating and it should be resisted wherever possible. The amendments change the provisions of the clause so that they precisely reflect what is required under the various directives.
Amendment No. 30 focuses on article 8(2) of the framework directive. Subsection (3) is drafted in a way that gives a wider meaning than is intended by the framework directive. The framework directive requires national regulatory authorities to promote competition only in relation to the provision of electronic communications networks, electronic communications services and associated facilities, but subsection (3) extends the provision to any type of
service that is provided in association with those three categories. That could include television services.
Amendments Nos. 31 and 32 refer to subsection (9), which is intended to implement article 17(2) concerning standardisation. That subsection grants Ofcom discretion about whether to encourage compliance with standards; the directive provides that there shall be encouragement to use such standards only where ''strictly necessary''. Once again, the proposal goes beyond what the directive requires to give Ofcom slightly wider powers. The amendment would restore the wording of the Bill to reflect precisely what is required under the terms of the directive.