My Lords, I thank the Minister for introducing the order. I declare an interest as I have received sums of money from ALCS in the past and therefore am part of a collecting society. Like other noble Lords, I support this approach which is a sensible expression of backstop powers and will be a light-touch operation. It will probably not be as rigorously regulated as was suggested by Hargreaves in the original report, but I do not think that that is necessarily a bad thing. The consultation and the accompanying debates reflect the fact that there is a good system out there which works well. Therefore, it is not necessary to introduce draconian powers and the measure being introduced is an appropriate balance between two things.
Having said that, there are two impacts and it would be helpful if the Minister would respond to them as I did not hear him mention them in his opening remarks. The first, as is set out in the papers, is the proposal that deals with an issue raised through Professor Ian Hargreaves’s review on digital opportunity. It anticipates work that is going on in Europe on similar issues, so the collective rights management directive, of which I understand a final text is now available, casts a shadow over this operation. I wonder whether the Minister could sketch out where he thinks there are differences in the current approach.