Clause 46 - delivery of copies of notification etc.
Communications Bill
12:00 pm
Mr Stephen Timms (Minister of State (e-Commerce & Competitiveness), Department of Trade and Industry; East Ham, Labour)
Ofcom will be required to submit the notification of proposals to the European Commission in accordance with the requirements of the directives—notably the framework directive—as the hon. Gentleman rightly said. It follows, therefore, that the onus must be on Ofcom to determine whether those proposals affect trade between member states. That is what the inclusion of the words, ''In Ofcom's opinion'' is intended to achieve. No one else who could have an opinion or direct Ofcom: it is a matter that Ofcom must decide for itself. Therefore we have to retain, ''In Ofcom's opinion'' and I would suggest to the hon. Gentleman that removing those words, as he proposes, would not change the matter. There is no let-out for Ofcom, because if Ofcom takes the view that there is a problem, it has a duty to act in the way that is set out in the Bill, so I do not think that there is a problem.