Clause 5 is a simple but necessary part of the Bill that puts into law an important clarification. Today people communicate using a range of web-based services and applications. As the scale and diversity of these services have grown, there should not be any uncertainty about whether a communications service provider to users in the UK is covered by the definition. RIPA was written in a technologically neutral way to allow for developments in the way in which services are delivered. We believe that web-based services such as web-based e-mail, messaging applications and cloud-based services have always been covered by the nature of the definition. Clause 5 simply clarifies how this definition should be interpreted and makes it clear that these services are covered by the definition of a telecommunications service.
Some have asked whether this is extending the definition in some way. I want to make it absolutely clear that that is not the case. We are not changing the existing definition, which remains absolutely as it stands in RIPA. The Bill clarifies how the current definition should be interpreted, but a clarificatory provision of this kind cannot change or extend the meaning of the definition in RIPA to capture new services. This provision simply makes it explicit that the existing definition includes so-called over-the-top services such as webmail and instant messaging for the purposes of that interception. In many ways, it has been the industry itself that has welcomed this clarification and restatement of the existing legislation, which is why I think it is important to give that clarity to the House and to the industry generally. It does not extend the scope of RIPA; instead, it restates and provides clarification in terms of the existing definition, which remains as it was before.
Question put and agreed to.
Clause 5 ordered to stand part of the Bill.