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

I, too, bid you a very warm welcome to the Chair of our Committee, Mr. O'Brien. You are not a replacement horse, as the hon. Member for Maldon and East Chelmsford (Mr. Whittingdale) suggested, you are a welcome incumbent of the Chair during our deliberations this afternoon.

I have no difficulty with the spirit of the hon. Gentleman's proposal. It is desirable that Ofcom should consult before making regulations, take account of the views expressed, and ensure that the regulations that are introduced are appropriate and proportionate. As he said, I made some points along those lines during this morning's sitting.

I can assure the hon. Gentleman that the principles that the amendment supports are already firmly embedded in the Bill. Clause 154(9) refers to ''Section 388'', and clause 388 includes a requirement to consult and take account of the representations received. The principles that he supports are therefore included in the Bill, including ensuring that the application of the proposed regulations is appropriate and proportionate—the Committee has debated the general duty in clause 3(3)(b) that expressly requires Ofcom to have particular regard to those qualities. Clause 6 imposes a duty on Ofcom to avoid unnecessary regulatory burdens.

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