Intellectual Property (Unjustified Threats) Bill [Lords]

Debate between Bill Esterson and John Bercow

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 21st March 2017 Commons Chamber

[Bill Esterson]

I beg to move amendment 1, page 2, line 15, after “do,” insert “or claims to do,”.

This amendment deals with people or companies who hold themselves out as the primary infringer: ie, they claim to be the manufacturer or importer of a product (and therefore can be written to freely) when, in fact, they are not. A definition is provided in amendment 3.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 19, at end insert—

“(4A) A threat of infringement proceedings is not actionable if the threat—

(a) is made to a person mentioned in subsection (4), and

(b) relates to—

(i) potential future acts of infringement, or

(ii) other acts of infringement

which are fundamentally similar to the current alleged act of infringement.”

This amendment would allow communications from the rights holder to the primary infringer to also refer to secondary infringing acts (by the primary infringer), without it constituting a threat.

Amendment 3, page 2, line 24, at end insert—

“(7) In subsection (4)(a) “claims to do an act” means the person makes an explicit claim in public that they are the manufacturer or importer of the product or process.”

This amendment provides a definition of “claims to do” in amendment 1.

[Bill Esterson]

Amendments 1 and 3 are related to primary infringers and those who claim “to do”. Amendment 1 addresses the concern about the impact on those who claim to make a product and the potential for action to be taken against them. Amendment 3 defines “claims to do”.

We are dealing here with communication and threats. As the Bill stands, the onus is on a rights holder not to communicate with a party that claims to be a primary infringer of rights. The example that springs to mind is that of an own-label brand in a supermarket. Under the Bill, a manufacturer who believes that a product contravenes their rights may not communicate with the supermarket unless they are confident that there is no other way of finding out who the manufacturer really is. The problem is that smaller manufacturers wanting to challenge the bigger players may not have the expertise or access to expertise needed to comply with the provisions of the Bill. They do not have the staff, time or money to engage legal services or to search for the true identity of the manufacturer. The Minister said in Committee that if action were taken against a rights holder, they would be able to defend themselves in court. Now, that is entirely accurate in legal terms, but the problem is that smaller organisations lack the resources to be able to do so.

Oral Answers to Questions

Debate between Bill Esterson and John Bercow

Monday 4th July 2016 Commons Chamber

[Mr Speaker]

I can authoritatively pronounce from the Chair that the screeds written for Ministers at Education questions are significantly longer than those written for other ministerial Question Times. That is not a compliment.

[Bill Esterson (Sefton Central) (Lab)]

The Secretary of State was telling us earlier about her plans to support young people who leave care, whether it is foster care or residential care. Will she tell us where the new members of staff are going to come from to support them and where the young people are going to live?

Points of Order

Debate between Bill Esterson and John Bercow

Tuesday 22nd March 2016 Commons Chamber

[Mr Speaker]

I thank the right hon. Gentleman for his point of order and for the terms in which he put it to me. As Members present throughout Question Time will know, condolences have been expressed by Members on both sides of the House as regards the victims of this terrible outrage and their loved ones who will live with the consequences. The short answer to the right hon. Gentleman is that I have had no such discussions with any Minister to date. I think that it is a matter of public record that the Prime Minister has been chairing an important meeting of Cobra this morning and I think it will be accepted in all parts of the House, not least by the right hon. Gentleman, that the Prime Minister is punctilious in coming to the House to address these matters at such a point as he feels that he has the requisite level of information to impart to colleagues and is best placed to be informative and helpful. We should await the development of events, but the serious concern registered by the right hon. Gentleman will be keenly felt across the House. I thank him again for the terms in which he raised his point.

[Bill Esterson (Sefton Central) (Lab)]

On a point of order, Mr Speaker. My thoughts are with the people of Brussels, as will be those of all Members of the House. I understand that Ministers will as a priority work with our colleagues in Brussels, putting security in this country first. I have been contacted by a number of my constituents who travelled to Brussels earlier today and who are trying to get home, as I am sure are many others. They have been told by the airline, Ryanair, that it will cost them £6,000 to be brought back to this country. Through you, Mr Speaker, may I ask Ministers to intervene and suggest to Ryanair and other carriers that all efforts are made to help those who want to come back to this country in a reasonable way?

[Mr Speaker]

I thank the hon. Gentleman for his attempted point of order. That is not a matter for the Chair, but, again, he has raised a question of real and immediate concern. That real and immediate concern will have been heard by those on the Treasury Bench and, knowing the hon. Gentleman’s ingenuity, I feel sure that if he does not receive some sort of contact or reassurance from an appropriate quarter, he will not rest in continuing to highlight his concern, and I thank him for doing so.

Pubs Code Adjudicator

Debate between Bill Esterson and John Bercow

Thursday 10th March 2016 Commons Chamber

[Bill Esterson (Sefton Central) (Lab)]

The way the Minister announced the appointment yesterday—as part of the shambolic proceedings on the Enterprise Bill and Sunday trading—did not exactly inspire confidence. She announced it in an intervention—of all things—on Third Reading, after the Secretary of State could have mentioned it in his Third Reading speech. If nobody had mentioned the pubs code on Third Reading, the announcement would not have been made even then.

Turning to Paul Newby’s appointment as the first adjudicator, I certainly look forward to meeting him and to raising the concerns raised by the hon. Member for Leeds North West (Greg Mulholland) and, more importantly, by pub tenants about the relationship between Mr Newby’s employers and the large pub-owning businesses. I do not think that the tenants will be at all reassured by what the Minister has said. The challenge for Mr Newby will be in ensuring a level playing field between tenants and pubcos. How does she think that he can do that, given the concerns that have been raised by tenants?

There is a very real danger that someone who has acted for Punch Taverns, Enterprise Inns and Marston’s will be seen as continuing to act on their behalf, and the Minister must be aware of this very real concern, as she sits there, chuntering as usual. She will also be aware of concerns among tenant groups that the adjudicator should not be a chartered surveyor. Will she pursue concerns about the attitude of the Royal Institution of Chartered Surveyors about parallel rent assessments?

Labour raised concerns about the pubs code in the Lords and in Committee here, so will the Minister raise those concerns with the adjudicator about pubcos offering shorter leases to make it impractical for tenants to take up the market rent only option? Will she ensure an effective date of 1 June for tenants who wish to take up the MRO, rather than allowing a potential delay of six months—another of the asks of pub tenants?

The shambolic approach to the initial consultation on the pubs code undermined pub tenants’ trust, which is back on track after concerns were raised by pub tenants organisations—

[Mr Speaker]

Order. I think that we will leave it at that. Forgive me. I am extremely grateful to the hon. Gentleman. [Interruption.] On this occasion, I advised the principal actors on this stage that I would be quite insistent that the time limits be kept. To be fair, the Minister was well within her time, and the hon. Member for Leeds North West (Greg Mulholland) exceeded his by a small number of seconds, but he was closer than he has been in the past. No discourtesy is intended to the hon. Member for Sefton Central (Bill Esterson). I think that he has got the thrust of it across. But, please, we really must from now on stick to the limits; otherwise it is not fair to Back Benchers. I think that we are very clear what the hon. Gentleman has to say, and I thank him.

Points of Order

Debate between Bill Esterson and John Bercow

Thursday 3rd December 2015 Commons Chamber

[Mr Speaker]

I am grateful to the hon. Gentleman for giving me notice of this point of order. First, I can confirm that it is entirely a matter for Select Committees to interpret the terms of reference set by the House and to decide for themselves what subjects of inquiry to pursue. I would suggest that it is both inappropriate and unwise for Ministers to comment on such matters. To put it bluntly, they should stick to their last. They have responsibilities, and it is to the execution of those responsibilities that they should dedicate themselves. They need not, and should not, stray beyond that.

Secondly, I can confirm that the Liaison Committee has recommended that Select Committees should seek to influence Government policy, and indeed the House has endorsed that recommendation. I would go further and say that it is a matter of some concern if there are Ministers who are unaware of that important fact. I hope that from now on they will not be.

Thirdly, I can confirm that the Chairs of departmental Select Committees, including, obviously, the hon. Gentleman, have been directly elected by the House, and that gives them a particular status and authority. Of course, on many occasions they will want to speak in a personal capacity and not in that role. Once again, we do not need Ministers telling Select Committee Chairmen what they should or should not be doing. In terms of what is orderly conduct in the House, Ministers, like everybody else, can leave that to the Chair.

May I take this opportunity to thank the hon. Gentleman for the valuable contribution that his Committee and its report on the extension of offensive British military operations to Syria have made to discussions in the House in the past few weeks? I believe, and I hope I can say this without fear of contradiction, that Members in all parts of the House, whatever their views on that matter, have found the Committee’s exposition of the issues very helpful indeed.

[Bill Esterson (Sefton Central) (Lab)]

On a point of order, Mr Speaker. You have been very supportive of those of us who have raised the plight of children in care and care leavers. As I think you know, I chair the all-party group on looked-after children and care leavers. It meets about every six weeks, and it invariably books the Boothroyd room because of the high level of interest and the fact that 90 young people, with additional adults in support, travel to its meetings from all over the country. There is invariably standing room only.

I have been advised that the room booking for next week’s meeting has been taken by the Liaison Committee. I understand the process by which these things happen, but no other room in the House can accommodate such large numbers. As you know, Mr Speaker, this is an incredibly important area. I am sure that supporting these young people is a matter of great importance to all Members. What advice can you give me and the all-party group’s secretariat on how to address this problem? Otherwise it will be very difficult for the young people and those supporting them to attend next week’s meeting.

[Mr Speaker]

I am very grateful to the hon. Gentleman for his point of order. Simply as a matter of fact, I should say to him that Committees always take precedence in the allocation of such rooms, so there is nothing untoward or indeed unusual about that, although I recognise the very considerable inconvenience and potential dilemma caused to the hon. Gentleman and his colleagues, as well as to those planning to attend such a meeting.

I can tell the hon. Gentleman that the Administration Committee is reviewing the room booking system. Given what he has told the House, I strongly encourage him to make representations to the Administration Committee—perhaps directly to its Chair—to try to progress matters. A conversation with the hon. Member for Mole Valley (Sir Paul Beresford) might be useful, in addition to any written evidence that the hon. Gentleman may propose to submit.

So far as concerns the question of whether a room can be found for next week, the hon. Gentleman had probably better have private discussions if he needs a room. We will see whether anything can be done if such a need remains.

If there are no further points of order, we will now proceed to the main business.

FIFA

Debate between Bill Esterson and John Bercow

Monday 1st June 2015 Commons Chamber

[Mr Speaker]

I will accommodate remaining interest if Members ask single, short, supplementary questions, rather than taking the Brennan approach, which was enjoyable but marginally longer.

[Bill Esterson (Sefton Central) (Lab)]

Four years ago, the Prime Minister told Sepp Blatter that he had taken the game of football to new heights. I welcome the change of heart in the approach being taken, but will the Secretary of State listen to those Members who have called for the Government to be behind the efforts that are being proposed?