My Lords, the noble Baroness, Lady McIntosh, has asked some very pertinent questions which I certainly want to reinforce, and I look forward to what the Minister has to say in response. This is a deceptively short SI, but it deals with a rather large number of important rights, both for business and for the consumer. Even though I agree with the committee that it would have been helpful to provide more information on the potential impact of EU exit on UK businesses and consumers in these areas, at least the impact assessment set out the general impact in broad terms. The Minister used the word “unavoidable”. Sadly, I do not think that there are any alternative solutions to the issues set out in the statutory instrument.
What does the Minister consider to be the actual impact? As with all the SI impact statements, the assessment for this one says that, pretty much, the only impacts are a result not of the SI but of leaving the EU, becoming a third country and so on. However, there are substantial impacts as a result of consumers not having such rights and broadcast businesses not having the rights under the cable and satellite directive. Indeed, business has a double whammy because, as was discussed on 6 February, under the AVMS directive—as my noble friend Lord Foster pointed out, it deals not so much with copyright as with regulation—broadcasters will have a real problem in terms of the country of origin and regulation. So it is not just copyright and clearance issues that will add to the burden of cost; it is the certainty of regulation. It is no wonder that, already, a large number of broadcasters that broadcast into the European Union and have relied on the country-of-origin principle are upping sticks and moving to places such as Amsterdam.
At least for the AVMS directive there is some consolation in the Council of Europe regulations, but for a more limited range of material. Unless the Minister can correct me, I do not believe that there are any consolations on copyright clearance for broadcasters. This really is damaging.
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I noted what the Minister said on consultation, and we have had endless discussions about the level of consultation. He said that the IPO had engaged with
affected stakeholders, but I am very interested to know who he has managed to talk to, especially on the consumer side.
The portability aspect is a new right. It was rather treasured by many consumers, I think, and now it is being taken away. The noble Baroness, Lady McIntosh, was absolutely right to ask the question she did. Perhaps I am looking for unicorns but, if we were negotiating with the EU post Brexit, would we be seeking to reinstate portability? As I said, it is a treasured right that was introduced after a large number of years by a very effective EU Commissioner.
I also support the noble Baroness, Lady McIntosh, in wondering when the Marrakesh treaty will be ratified. Obviously that is of considerable importance for that particular right. Again, it was hard-fought for and is very important for those who are disadvantaged. Perhaps the Minister could give us a timescale within which it is proposed to do that.
I hope I have covered all the points, but perhaps the Minister can give some indication as to what he thinks the real cost is. I do not know whether the overarching impact assessment given by the Government gets into that kind of detail—I doubt it very much. No doubt the Minister has all the facts at his disposal.