Monday, 25 July 1988
The House met at half-past Two o'clock
[Mr. Speaker in the Chair]
British Railways (No. 2) Bill (By Order)
To ask the Secretary of State for Energy what recommendations he has received from the Nuclear Installations Inspectorate on the case for additional safety measures for Magnox power stations.
To ask the Secretary of State for Energy when he expects to appoint the Regulator to oversee the electricity industry in the private sector.
To ask the Secretary of State for Energy if he has discussed recently with the chairman of British Coal the effects of privatisation of the electricity industry upon the British coal industry.
To ask the Secretary of State for Energy if he will make a statement on the daily loss of oil and gas volumes as a result of the Piper Alpha disaster; and what proportions of the total United...
To ask the Secretary of State for Energy what recent representations he has received for additional retrofitting of flue gas desulphurisation equipment at existing power stations to reduce the...
To ask the Secretary of State for Energy when he next expects to meet the chairman of Nirex and what matters he proposes to discuss.
To ask the Secretary of State for Energy what research his Department is sponsoring into the technology of electricity transmission; and if he will make a statement.
To ask the Secretary of State for Energy when he last met the chairman of the British Coal Corporation; and if he will list the subjects discussed.
To ask the Secretary of State for Energy if he will explain the detailed procedures used to ensure that offshore installations are properly designed and maintained.
To ask the Minister for the Arts, if he will make a statement on the progress of his policy to promote business spending on the arts.
To ask the Minister for the Arts if he will call for an urgent report from the Arts Council on the funds allocated to Merseyside Arts.
To ask the Minister for the Arts if he will establish an inquiry into production costs at the National Theatre.
To ask the Minister for the Arts what information he has about donations to the arts from private or corporate sources in excess of £1 million in the six months to the end of June.
To ask the Minister for the Civil Service if, pursuant to his reply of 4 July, Official Report, column 730, he will make it his policy, when answering a parliamentary question to the effect that...
The following question stood upon the Paper:
(by private notice): To ask the Secretary of State for Social Services if he will make a statement on the radiation overdose given to patients receiving radiotherapy at the Royal Devon and Exeter...
I beg to ask leave to move the Adjournment of the House, under Standing Order No. 20, for the purpose of discussing a specific and important matter that should have urgent consideration, namely,...
With the leave of the House, I propose to put together the 14 motions relating to statutory instruments.
That the Value Added Tax (Special Provisions) (Amendent) Order 1988 (S.I., 1988, No. 1124), dated 28th June 1988, a copy of which was laid before this House on 29th June 1988, be approved.
That the Tyne and Wear Development Corporation (Vesting of Land) (Various Local Authorities) Order 1988, dated 15th June 1988, a copy of which was laid before this House on 22nd June 1988, be...
That the Tyne and Wear Corporation (Vesting of Land) (Borough of Sunderland) Order 1988, dated 15th June 1988, a copy of which was laid before this House on 22nd June 1988, be approved.
That the Tyne and Wear Development Corporation (Vesting of Land) (British Shipbuilders and British Steel Corporation) Order 1988, dated 23rd June 1988, a copy of which was laid before this House...
That the Black Country Development Corporation (Vesting of Land) (British Steel Corporation) Order 1988, dated 23rd June 1988, a copy of which was laid before this House on 29th June 1988, be...
That the Tyne and Wear Development Corporation (Vesting of Land) (Port of Tyne Authority) Order 1988, dated 30th 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Tyne and Wear Development Corporation (Vesting of Land) (British Coal Corporation) Order 1988, dated 28th June 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Black Country Development Corporation (Vesting of Land) (Borough of Walsall) Order 1988, dated 27th June 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Black Country Development Corporation (Vesting of Land) (Borough of Sandwell) Order 1988, dated 27th June 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Black Country Development Corporation (Vesting of Land) (British Railways Board) Order 1988, dated 30th June 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Tyne and Wear Development Corporation (Vesting of Land) (Tyne and Wear Passenger Transport Executive) Order 1988, dated 27th June 1988, a copy of which was laid before this House on lst...
That the Black Country Development Corporation (Vesting of Land) (General) Order 1988, dated 27th June 1988, a copy of which was laid before this House on lst July 1988, be approved.
That the Black Country Development Corporation (Vesting of Land) (Central Electricity Generating Board) Order 1988, dated lst July 1988, a copy of which was laid before this House on 4th July...
That the Tyne and Wear Development Corporation (Vesting of Land) (City of Newcastle upon Tyne) Order 1988, dated 15th June 1988, a copy of which was laid before this House on 22nd June 1988, be...
Queens Recommendation having been signified—
As amended (in the Standing Committee), considered.
I beg to move, amendment No. 224, in page 93, leave out lines 12 to 19.
Amendment made: No. 162, in page 12, line 26, at end insert— 'section (Transfer of copies of works in electronic form) (2) (further copies, adaptations, &c. of work in electronic...
'.—(1) Where the Copyright Tribunal has made an order under section 123 or 124, the licensing body or the persons entitled to the benefit of the order may apply to the Tribunal to review...
'.—(1) Where the Tribunal has made an order under section 123 or 124 and the order remains in force, the person entitled to the benefit of the order shall if he— (a) pays to the...
'.—(1) Where a design is registered under the Registered Designs Act 1949 in pursuance of an application made after 12th January 1988 and before the commencement of this Part which could...
'(1) This section applies where a copy of a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the...
'(1) An application for an order under section 98 (order for delivery up in civil proceedings) may not be made after the end of the period six years from the date on which the infringing copy...
'(1) Where an infringing copy or other article has been delivered up in pursuance of an order under section 98 or 108, or has been seized and detained in pursuance of the right conferred by...
'.—(1) In England, Wales and Northern Ireland a county court may entertain proceedings under— section 98 (order for delivery up of infringing copy or other article),section 101(5)...
'(1) An application for an order under section 190 (order for delivery up in civil proceedings) may not be made after the end of the period of six years from the date on which the illicit...
'(1) Where an illicit recording of a performance has been delivered up in pursuance of an order under section 190 or 194, or has been seized and detained in pursuance of the right conferred by...
'.—(1) In England, Wales and Northern Ireland a county court may entertain proceedings under— section 190 (order for delivery up of illicit recording), orsection (Order as to disposal...
'(1) Where an infringing article or other thing has been delivered up in pursuance of an order under section 222, an application may be made to the court— (a) for an order that it shall...
'.—(1) In England, Wales and Northern Ireland a county court may entertain proceedings under— section 222 (order for delivery up of infringing article, &c),section (Order as...
'. —(1) This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom.
'. —(1) This Part applies to things done on a British ship, aircraft or hovercraft as it applies to things done in the United Kingdom.
'. —(1) Where Crown use is made of a design, the government department concerned shall pay— (a) to the design right owner, or(b) if there is an exclusive licence in force in respect...
'. —(1) In Schedule 1 to the Registered Designs Act 1949 (Crown use), after paragraph 2 insert—
'(1) Her Majesty is entitled to copyright in every Act of Parliament or Measure of the General Synod of the Church of England.
'.—(1) Copyright in every Bill introduced into Parliament belongs, in accordance with the following provisions, to one or both of the Houses of Parliament.
'.—(1) The term "patent attorney" may be used in reference to a solicitor, and a firm of solicitors may be described as a firm of "patent attorneys", without any contravention of section 265.
'(1) A person holding an authorisation granted by the Secretary of State under the provisions of this section is an authorised person for the purpose of carrying on the business of acting as...
'.—(1) A sound recording of a performance of a song may be made, for the purpose of including it in an archive maintained by a designated body, without infringing any copyright in the words...
Amendments made: No. 33, in page 3, line 31, leave out 'generally'.
9 pm
I beg to move amendment No. 3, in page 6, line 22, at end insert 'except that where a literary, dramatic or artistic work is made by the author in the course of his employment by the proprietor...
Ordered,That, at this day's sitting, the Copyright, Designs and Patents Bill [Lords], may be proceeded with, though opposed, until any hour.—[Mr. David Hunt.]
Amendment made: No. 253, in page 7, line 22, leave out 'and 161' and insert '(Copyright in Acts and Measures), 161 and (Copyright in Parliamentary Bills)'.—[Mr. Butcher.]
Amendment made: No. 37, in page 8, line 35, leave out from 'VII' to end of line 36 and insert '(provisions with respect to copyright licensing).'.—[Mr. Butcher.]
Amendment made: No. 38, in page 8, line 41, at end insert— 'This includes storing the work in any medium by electronic means.'.—[Mr. Butcher.]
Amendment made: No. 39, in page 9, line 16, leave out 'their importation' and insert 'any subsequent importation of those copies'.—[Mr. Butcher.]
I beg to move, amendment No. 42, in page 11, line 9, at end insert— '(2) Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by...
I beg to move amendment No. 310, in page 13, line 10, leave out from 'the' to end of line 1:5 and insert— 'purpose of— (a) private study, and(b) research other than commercial...
Amendmentproposed: No. 43, in page 13, line 25, leave out 'or' and insert 'does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement.(1A) Fair...
I beg to move amendment No. 44, in page 14, line 22, after ',hire', insert 'or'.
Amendments made: No. 46, in page 15, line 29, after ', hire', insert 'or'.
Amendments made: No. 48, in page 16, line 5, after ', hire' insert 'or'.
I beg to move amendment No. 50, in page 20, line 43, at end insert— '(3) Nothing in this section shall be construed as excluding any defence of statutory authority otherwise available under...
Amendments made: No. 164, in page 22, line 27, leave out from '99' to end of line and insert '(order for delivery up and right of seizure)'.
Amendment made: No. 163, in page 23, line 2, leave out Clause 56.—[Mr. Butcher.]
I beg to move amendment No. 51, in page 24, line 13, leave out subsection (2) and insert— '(2) Copyright in a work is not infringed by the making of a sound recording, or the broadcasting...
11 pm
Amendment proposed: No. 52, in page 24, line 34, leave out 'showing,'.—[Mr. Butcher.]
Amendments made: No. 53, in page 25, line 12, leave out 'hiring' and insert 'rental'.
Amendment made: No. 243, in page 27, line 31, leave out subsection (2).—[Mr. Maude]
I beg to move amendment No. 9, in page 30, line 19, leave out from 'public' to end of line 21.
I beg to move amendment No. 11, in page 32, leave out lines 8 and 9. I believe that the Government have recognised, and the Minister has recognised in his remarks, that in Committee we had been...
I beg to move amendment No. 329, in page 33, line 13 after 'otherwise', insert 'unjustly'.
Amendment made: No. 166, in page 41, line 19, leave out from 'for' to 'shall' in line 20 and insert 'delivery up'. —[Mr. Butcher.]
Amendment made: No. 167, in page 41, line 26, leave out from 'work' to end of line 41 and insert 'may apply to the court for an order that the infringing copy or article be delivered up to him...
Amendments made: No. 168, in page 41, line 42, leave out subsections (1) to (5) and insert— '(1) An infringing copy of a work which is found exposed or otherwise immediately available for...
Amendment made: No. 170, in page 42, line 31, leave out subsections (2) and (3) and insert— '(2) His rights and remedies are concurrent with those of the copyright owner; and references in...
Amendments made: No. 172, in page 43, line 10, leave out This section does' and insert The above provisions do.
Amendment made: No. 173, in page 43, line 12, leave out clause 102.—[Mr. Butcher.]
Amendment made: No. 63, in page 44, line 10, leave out from 'of to ', and' in line 12 and insert 'section 153 (qualification by reference to country of first publication)'.—[Mr. Butcher.]
I beg to move amendment No. 269, in page 44, line 33, leave out 'to the public' and insert 'either to the public, or as issued for purposes of performance in public or being broadcast or included...
Amendment made: No. 174, in page 46, line 1, leave out subsections (1) and (2) and insert— '(1) The court before which proceedings are brought against a person for an offence under section...
Amendments made: No. 65, in page 49, line 24, after 'only', insert '— (a)'.
Amendment made: No. 67, in page 49, line 27, leave out 'general control' and insert 'references and applications with respect to'.
I beg to move amendment No. 302, in page 50, line 17, at end insert— '(5) ln the event that a proposed licensing scheme relates to the grant of copyright licences in any class of case in...
Amendments made: No. 70, in page 51, line 47, leave out from 'scheme' to end of line 2 on page 52.
Amendment made: No. 73, in page 53, line 1, leave out subsection (5).—[Mr. Butcher.]
Amendment made: No. 74, in page 53, line 4, leave out 'general control of licences granted' and insert 'references and applications with respect to licensing'.
Amendments made: No. 77, in page 53, line 32, leave out subsections (1) and (2) and insert— '(1) A licensee under a licence which is due to expire, by effluxion of time or as a result of...
Amendment made: No. 79, in page 53, line 42, leave out Clause 125—[Mr. Butcher.]
Amendment made:
Amendment made: No. 81, in page 54, line 41, leave out 'those other persons' and insert 'licensees under other schemes operated by, or other licences granted by, the same person'.—[Mr. Butcher.]
Amendment made: No. 82, in page 55, line 38, leave out 'hiring to the public' and insert 'the rental to the public of'.—[Mr. Butcher.]
Amendment made: No. 334, in page 55, line 40, after 'royalty', insert 'or other sum payable'.—[Mr. Butcher.]
Amendments made: No. 83, in page 57, line 32, leave out 'general control of licensing schemes' and insert 'see section 115'.
Amendments made: No. 204, in page 61, line 7, after 'hire', insert' or'.
Amendments made: No. 85, in page 61, line 19, leave out 'rate of royalty' and insert 'royalty or other sum'.
Amendments made: No. 87, in page 61, line 42, leave out 'hiring' and insert 'rental'.
I beg to move amendment No. 17, in page 62, line 39, at end insert 'but such powers shall in no case be exercisable where to do so would contravene Article 9(1) of the Berne Convention (Paris...
Amendment made: No. 89, in page 64, line 37, leave out from 'proceedings' to end of line 2 on page 65 and insert 'under— (a) section 116, 117 or 118 (reference of licensing scheme),(b)...
I beg to move amendment No. 239, in page 65, line 32, leave out subsection (1) and insert— '(1) The Copyright Tribunal may not order that the costs of a party to proceedings before it shall...
Amendments made: No. 90, in page 66, line 13, leave out subsection (4).—[Mr. Butcher.]
No. 254, in page 66, line 27, leave out 'and 161' and insert '(Copyright in Acts and Measures), 161 and(Copyright in Parliamentary Bills)'.—[Mr. Butcher.]
Amendment proposed: No. 91, in page 68, line 31, leave out subsection (5).—[Mr. Butcher.]
Amendments made: No. 225, in page 71, line 10, at end insert 'calendar'.
Amendment made: No. 92, in page 72, line 12, leave out 'the provisions of this Part extend' and insert 'this Part extends'.—[Mr. Butcher.]
Amendment made: No. 257, in page 74, line 26, at end insert— '(5) The savings in subsection (1) have effect subject to section(Copyright in Acts and Measures) (4) and section(Copyright in...
Amendment made: No. 178, in page 74, line 34, leave out 'such'.—[Mr. Butcher.]
I beg to move amendment No. 273, in page 76, line 39, at end insert— '(7) In the case of a film, and notwithstanding subsection (4)(c) of this section, the issue of copies of the film for...
Amendments made: No. 93, in page 77, line 29, leave out 'a'.
Amendments made: No. 179, in page 79, line 32, column 2, leave out 'Section 168' and insert 'Sections 100(2) and 168'.
Amendment made: No. 180, in page 86, line 18, leave out from 'Part' to end of line 24 and insert 'may apply to the court for an order that the recording be delivered up to him or to such other...
Amendments made: No. 181, in page 86, line 25, leave out subsection (1) to (5) and insert— '(1) An illicit recording of a performance which is found exposed or otherwise immediately...
Amendments made: No. 183, in page 87, line 20, leave out 'criminal liability and forfeiture' and insert 'offences and orders for delivery up in criminal'.
Amendments made: No. 185, in page 88, line 37, leave out subsections (1) and (2) and insert— '(1) The court before which proceedings are brought against a person for an offence under...
Amendment made: No. 188, in page 89, line 43, leave out clause 198.—[Mr. Butcher.]
Amendment made: No. 189, in page 99, line 8, leave out from 'question' to end of line 13 and insert 'may apply to the court for an order that the infringing article or other thing be delivered up...
Amendment made: No. 190, in page 99, line 14, leave out clause 223.—[Mr. Butcher.]
Amendment made: No. 191, in page 100, line 19, leave out subsections (2) to (4) and insert— '(2) His rights and remedies are concurrent with those of the design right owner; and references...
Amendment made: No. 192, in page 101, line 8, at end insert— '(5) The design right owner shall notify any exclusive licensee having concurrent rights before applying for an order under...
Amendment made: No. 98, in page 101, line 18, leave out 'any act' and insert 'anything.—[Mr. Butcher.]
Amendment made: No. 193, in page 102, line 19, leave out 'the forfeiture of any articles' and insert 'delivery up'.—[Mr. Butcher.]
Amendment made: No. 99, in page 102, line 44, leave out from 'realm' to 'or' in line 46 and insert ', in pursuance of an agreement or arrangement to which the government of that country and Her...
Amendments made: No. 335, in page 108, line 28, leave out 'or'.
Amendment made: No 101, in page 110, line 26, at end insert— '(5) Where a country to which this Part extends ceases to be a colony of the United Kingdom, it shall continue to be treated as...
Amendment made: No. 102, in page 112, line 11, leave out 'a'.—[Mr. Maude.]
Amendments made: No. 194,in page 113,line l, column 2, leave out 'Section 248' and insert 'Section 225(2) and 248'.
I beg to move amendment No. 326, in page 113, line 26, after 'eye', insert 'of persons acquiring or using the article'.
Amendment made: No. 104, in page 114, line 17, leave out clause 256.—[Mr. Butcher.]
I beg to move Government amendment No. 105, in page 116, line 11, at end insert— '(6) The right in a registered design is not infringed by the reproduction of a feature of the design which,...
I beg to move amendment No. 106, in page 116, line 19, leave out from 'design' to 'if in line 28 and insert— (2) The period for which the right subsists may be extended for a second, third,...
Amendments made: No. 108, in page 120, line 35, leave out 'words' and insert 'expressions'.
Amendments made: No. 109, in page 121, line 26, leave out 'words' and insert 'expressions'.
Amendments made: No. 287, in page 122, leave out lines 23 to 25 and insert— '(1) This section applies to communications as to any matter relating to the protection of any invention, design,...
Amendment made: No. 288, in page 125, leave out lines 1 and 2 and insert— '(1) This section applies to communications as to any matter relating to the protection of any design, trade mark...
Amendments made: No. 113, in page 130, line 28, leave out 'have been' and insert 'are'.
Amendment made: No. 117, in page 131, line 17, leave out from 'a' to 'with' and insert 'broadcasting or cable programme service provided from a place in the United Kingdom'.—[Mr. Butcher.]
Amendments made: No. 292, in page 131, line 29, leave out from 'who to 'is' in line 31 and insert'— (a) makes charges for the reception of programmes included in a broadcasting or cable...
Amendments made: No. 121, in page 132, line 1, leave out from beginning to 'no' in line 10 and insert— '(1) Her Majesty may by Order in Council— (a)provide that section 285 applies in...
Amendment proposed: No. 125, in page 133, line 7, at end insert— '(1A) It is also an offence, subject to subsection (2) below, for a person to possess in the course of a business goods or...
(1) Where articles seized or detained by any enforcement authority are, or appear to that authority to be, goods or material bearing such a mark as is mentioned in subsection (1) of section 58A...
Amendments made: No. 128, in page 136, line 16, leave out 'broadcasts' and insert 'transmissions'.
Amendments made: No. 130, in page 138, line 49, at end insert— '(2) However— (a) copyright subsists in the sound recording only if copyright subsisted in the film immediately before...
Amendments made: No. 137, in page 150, line 1, after', hire', insert 'or'.
Amendments made: No. 142, in page 154, line 34, leave out from 'fit' to end of line 40 and insert— '(3A) The registrar may, in such cases as may be prescribed, direct that for the purpose...
Amendments made: No. 144, in page 164, line 14, at end insert— '8A. Restoration of lapsed right in design.8B. Effect of order for restoration of right.'.
Amendments made: No. 294, in page 194, line 15 at end insert— '4A. In section 130(1) of the Patents Act 1977 (interpretation), in the definition of "search fee", for "section 17 above"...
10A.—(1) In the Patents Act 1977, after section 57 insert—
No. 156, in page 207, line 4, at end insert
I beg to present a petition from Mr. Robert Anthony Fisher of 32 Colne avenue, Watford, in the county of Hertford. It states that various dog tracks have imposed a levy on all winning bets and...
Motion made, and Question proposed, That this House do now adjourn.—[Mr. Garel-Jones.]
Debates in the House of Commons are an opportunity for MPs from all parties to scrutinise government legislation and raise important local, national or topical issues.
And sometimes to shout at each other.