UK Parliament / Open data

Digital Economy Bill

I do have great sympathy with the provisions my right hon. Friend has tabled; she is absolutely right to keep pushing on the issue. We defined the manifesto commitment and the Bill very tightly in terms of the online pornography space, and I wanted to achieve that first before we moved to broader definitions which, as she will be aware, quickly throw up many more questions about the scope of regulation. As she and I both know, there is a great desire in this space to make the perfect the enemy of the good, and with almost every advance we have made, we have been told, “Back off,” because something is not absolutely perfect. She, I and many other Members think that this is a process of iterative steps forward, and the Government are doing a great job in that respect.

The final argument for putting such blocking on a statutory basis is the precedent for IP blocking in the case of copyright infringement under the Copyright, Designs and Patents Act 1988. It would seem perverse for the House to argue that it was legal to instruct people to block sites that infringe copyright, but not those that infringe a legal requirement for age verification. It would be quite wrong for us to suggest that child protection is less important than protecting the interests of often very large commercial businesses.

I have two other quick points to make about why the case for change is so compelling. The first is that the BBFC has said that it will focus primarily on offshore sites, which are the main source of much of this material. Of course, as we know, it will be very difficult to enforce fines outside the UK jurisdiction. Secondly, we know

that many sites are not reliant purely on financial transactions coming through the sorts of sites discussed in the Bill, given that there are systems such as Bitcoin and other forms of revenue generation.

I am absolutely delighted that the Government have tabled new proposals. I will not press my new clause and I will support their measures wholeheartedly. However, I want to probe the Minister—perhaps he will answer this question in a moment—about who will actually enforce the Bill. My understanding is that the BBFC does not currently have the enforcement powers required by new clause 28, which was why many of us assumed that Ofcom would be the enforcer of choice, as was set out very explicitly by my neighbour, my hon. Friend the Member for North West Hampshire (Kit Malthouse). We would therefore be keen to hear who will actually enforce the Bill, because we know that, without robust enforcement, there will be little incentive for websites to implement age verification, despite these new powers, and I think almost the whole House will support me in saying that we want this to be a great success.

6.15 pm

I finish by sincerely thanking those who have campaigned so tirelessly on this issue in this House and, indeed, in the other place. They include my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Congleton (Fiona Bruce), the hon. Member for Bishop Auckland (Helen Goodman), who was so instrumental when we first had the review, the right hon. Member for Slough (Fiona Mactaggart), who is no longer in the Chamber, as well as several new Members, including the hon. Member for Berwickshire, Roxburgh and Selkirk (Calum Kerr)—I should call him the hon. Gentleman who represents the borders, because his constituency is far too long to spell out—and my hon. Friend the Member for North West Hampshire.

Type
Proceeding contribution
Reference
617 cc1294-6 
Session
2016-17
Chamber / Committee
House of Commons chamber
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