Part of Communications Bill – in a Public Bill Committee at 10:00 am on 28 January 2003.
John Whittingdale
Shadow Secretary of State for Culture, Media and Sport
10:00,
28 January 2003
I am not sure that the Minister's assurances take us further forward. He says, for example, that the regime applied to cable and satellite operators is the same, because if a cable operator were to provide its own channel, it would be subject to those powers, whereas a satellite operator that did not provide channels would not. That theoretical argument is undoubtedly correct, but the practical effect is that, in the present market, cable operators have to be outside the arrangements and satellite operators do not. The Bill's provisions appear to be discriminatory.
Although the Bill states that ofcom should use its Competition Act powers in preference to its Broadcasting Act powers, it is left to Ofcom to decide whether that is the more appropriate way to proceed. That an appeal to the tribunal is available in respect of competition purposes is something, but the Minister appears to concede that Ofcom may use its Broadcasting Act powers for purposes that do not relate to, for example, content regulation, taste and decency, or standards, which come under part 3, but that do relate to economic matters, even though they do not necessarily come under the competition requirements of Clause 3(1).
I have a feeling that the Minister is confirming my fear that it is at least possible that Ofcom may interpret its general duties to impose conditions using its Broadcasting Act powers, which most people would see as economic regulation rather than content regulation. Even though the Minister has not reassured me, I shall not press for a Division, as I suspect that the subject will be debated again later in our proceedings. We are to debate some procedural safeguards that might help under amendments to clause 305 that stand in the name of my hon. Friend the Member for South Cambridgeshire. I beg to ask leave to withdraw the Amendment.
Amendment, by leave, withdrawn.
Clause 304 ordered to stand part of the Bill.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
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As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
Ofcom is the independent regulator and competition authority for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.
Ofcom Web Site http://www.ofcom.org.uk
