Clause 78 - European Commission's powers in
Communications Bill
6:15 pm
Mr John Greenway (Ryedale, Conservative)
I will try to be brief, but the Minister will acknowledge that clause 78, and its juxtaposition with clauses 76 and 77, is very important. It gives the European Commission powers to overrule something that Ofcom intended to do in relation to the UK market. It will be worth while putting two or three observations and questions on the record, and teasing the Minister for some answers.
I understand that no other organisation has any similar power, allowing it to overrule Ofcom simply because it has determined that what Ofcom is proposing may create a barrier to the single market. That suggests that Ofcom proposals to regularise the market in the UK may lead to difficulties depending on the European Commission's view on the market for a particular telecommunications service throughout Europe as a whole. As far as I can see from clause 78—perhaps the Minister will confirm this—there is no right of appeal against the European Commission's decision. Would the Commission's decision be subject to judicial review?
If the Commission could overturn something that Ofcom was proposing for our domestic telecommunications market, I presume that it could do the same in another member state—indeed, one would like to think that that situation would be more likely. The Commission could determine that the proposals of another member state's Government or regulator were a barrier to the single market. That, of
course, would mean a barrier to British telecommunications and media companies pursuing their interests in that member state.
I hope that I have described that clearly enough, and I wonder whether the Government intend to monitor comparable arrangements in other member states. Over the years, we have all grown used to the general cry that, although in this country we play by the rules, other member states may be less forthcoming. We have to accept that article 7(4) of the framework directive makes it clear that the Commission should have that power, which I hope the Minister can confirm will be applied as rigorously in other EU countries as it is likely to be in Britain.