Mr Andrew Robathan (Blaby, Conservative)

I beg to move amendment No. 72, in

clause 45, page 44, line 11, leave out 'or consents' and insert ', consents or determinations.'

Mr Roger Gale (North Thanet, Conservative)

With this we may discuss the following: Amendment No. 73, in

clause 45, page 44, line 16, leave out 'or consent' and insert 'consent or determination'.

Amendment No. 74, in

clause 45, page 44, line 24, leave out 'or consent' and insert 'consent or determination'.

Amendment No. 75, in

clause 45, page 44, line 42, leave out 'or consent' and insert 'consent or determination'.

Amendment No. 76, in

clause 45, page 44, line 43, leave out 'or consent' and insert 'consent or determination'.

Amendment No. 120, in

clause 187, page 167, line 26, after 'approval', insert ', determination'.

Mr Andrew Robathan (Blaby, Conservative)

Clause 45 sets out the procedure that Ofcom or, indeed, other authorised persons must follow when giving, modifying or withdrawing a direction, approval or consent that may be given under a general condition entitlement. It implements articles 6 and 7 of the framework directive. Amendments Nos. 72 to 76 and the consequential amendment No. 120 would insert the word ''determination'', so that the measure did not refer only to ''approval or consent'', because determinations can have the same effect on a company's business as directives and should be subject to the same safeguards.

The clause sets out certain safeguards, such as consultation where Ofcom issues directions, approvals or consents, but the present wording does not include determinations made by Ofcom under the conditions of entitlement, which will replace licences. Many key issues will hang on the interpretation of those conditions and determinations issued under them. They should be subject to consultation to ensure that the ensuing regulation is right.

Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)

The hon. Member for Blaby may well be on to something with the amendments. We are considering whether the text in the Bill may have some problems in it along the lines to which he has just referred. I believe that there is an issue to be addressed, but the amendments that have been tabled do not deal with it properly. I ask the hon. Gentleman to withdraw the amendments, on the understanding that if we need to make changes I will introduce a fully considered amendment to do that on Report.

Mr Andrew Robathan (Blaby, Conservative)

I am delighted to hear that I am on to something. Perhaps my drafting was slightly defective, but with his excellent and high-priced team of lawyers and civil servants, I am sure that the Minister will be able to produce something better.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 45 ordered to stand part of the Bill.