Clause 93 - Amount of penalty under s. 92
Communications Bill
11:00 am
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
I beg to move amendment No. 232, in
clause 93, page 87, line 38, leave out 'ten' and insert 'five'.
The Minister has explained that he believes it necessary for Ofcom to have an additional power to fine, which we accept. However, there is a question about the size of the fine. From day one, the rationale of the Bill is that it is supposed to be applicable across the whole communications sector. It should take account of the convergence of multi-media and that the barriers between telecommunications and broadcasting would be broken down. Surely, therefore, there is a case for consistency throughout the sector?
This probing amendment seeks discover why the penalty available to Ofcom in clause 93 is up to 10 per cent. of the operator's turnover, when in clause 231, which deals with contraventions of licensing conditions for the broadcasting of television or radio programmes, the penalty is £250,000 or 5 per cent. of the qualifying revenue. Why is the penalty 5 per cent. in one part of the communications sector and 10 per cent. in another?