Clause 14 - Duty to publish and take account of research
Communications Bill
4:30 pm
Mr Michael Fabricant (Lichfield, Conservative)
I welcome clause 14, as it encourages a spirit of openness, but there are a couple of points about which I seek clarification.
The Committee has dealt with clause 1(5)(b). That stated that there is an obligation on Ofcom to
''promote the carrying out of such research and development by others, or otherwise to arrange for it to be carried out by others''.
That research and development will mainly be in engineering sectors.
Clause 14 does not explicitly mention this, but can the Minister confirm that subsection 1(b), which states
''to consider and, to such extent as they think fit, to take account of the results of such research''
does not just include the research detailed in clause 13, and that if research is undertaken by Ofcom—or someone it has contracted, as it is empowered to do under clause 1—it will publish that information under clause 14?
Subsections (3) and (4) contain sensible provisions to do with issues that should remain confidential. However, do they fully comply with the Freedom of Information Act 2000?
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
I am confident that they do comply with that Act. We were very careful about this matter.
I welcome the hon. Gentleman's point that there are times when there will be a need for confidentiality, and one of the best things about sectoral regulators is that they have managed to do that successfully.
We want Ofcom to be as transparent as possible in the way that it operates, and clause 14 is part of our commitment to that. Placing Ofcom under a duty to publish the results of any research carried out by it or on its behalf under clause 13 ensures that all interested parties will be able to consider the same information to which Ofcom has access. I have to disappoint the hon. Gentleman by reiterating that that is limited to clause 13 so far as this part of the Bill is concerned, with the proviso that confidentiality will be protected—clause 14 (2), (3) and (4) prevent the publication of anything confidential.
Mr Michael Fabricant (Lichfield, Conservative)
I am grateful to the Minister for his clarification on clauses 14 and 13. I ask him to think about whether there might be a relevant place later in the Bill for a Government amendment saying that broadcasting research will be published as it is at present by the ITC and the Radio Authority.
Dr Kim Howells (Parliamentary Under-Secretary, Department for Culture, Media & Sport; Pontypridd, Labour)
Yes, I can give the hon. Gentleman that assurance.
Question put and agreed to.
Clause 14 ordered to stand part of the Bill.