Digital Economy Bill Debate

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Baroness Laing of Elderslie

Main Page: Baroness Laing of Elderslie (Conservative - Life peer)

Digital Economy Bill

Baroness Laing of Elderslie Excerpts
3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Programme motion No. 3: House of Commons & Report stage: House of Commons
Monday 28th November 2016

(7 years, 11 months ago)

Commons Chamber
Read Full debate Digital Economy Act 2017 View all Digital Economy Act 2017 Debates Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 28 November 2016 - (28 Nov 2016)
Kevin Brennan Portrait Kevin Brennan
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I beg to move, That the clause be read a Second time.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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With this it will be convenient to discuss the following:

New clause 8—Responsibility for policy and funding of TV licence fee concessions—

“After section 365(5) of the Communications Act 2003 insert—

“(5A) It shall be the responsibility of the Secretary of State to—

(a) specify the conditions under which concessions are entitled, and

(b) provide the BBC with necessary funding to cover the cost of concessions,

and this responsibility shall not be delegated to any other body.”

This new clause seeks to enshrine in statute that it should be the responsibility of the Government to set the entitlement for any concessions and to cover the cost of such concession. This new clause will ensure the entitlement and cost of over-75s TV licences remain with the Government. It would need to be agreed with Clause 76 not standing part of the Bill.

New clause 17—PSB prominence—

“(1) The Communications Act 2003 is amended as follows.

(2) At the end of section 310(1) add “that satisfy the qualification criteria to be set by OFCOM in the code.”

(3) In section 310(2) leave out “OFCOM consider appropriate” and insert “required by OFCOM”.

(4) In section 310(4)(a) after “programmes” insert “, including on-demand programme services,”.

(5) In section 310(5)(a) after “service” insert “, including on-demand programme service,”.

(6) In section 310(8)(a) after “services” insert “, including on-demand programme services,”.

(7) In section 310(8)(b) after “services” insert “, including on-demand programme services.”

This new clause would modernise the PSB prominence regime, as recommended by Ofcom in its 2015 PSB Review. This proposal would extend the provisions in the Communications Act 2003 which currently only apply to traditional public service television channels and menus to on-demand services.

New clause 18—Listed events qualifying criteria—

“(1) The Broadcasting Act 1996 is amended as follows.

(2) Omit section 98(2)(b) and insert—

“(b) that the service has been watched by at least 90 per cent. of citizens in the United Kingdom in the course of the preceding calendar year.”

(3) After section 98(2) insert—

“(2A) The Secretary of State may by Order amend section (2)(b) by substituting a different percentage for any percentage for the time being specified there.

(2B) No Order under subsection (2A) shall be made unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.””

This new clause seeks to future-proof the listed events regime. This replaces the criterion on the capability of ‘receive’ a channel with an alternative based on its actual usage over the period of a year, lowers the threshold from 95% to 90%, and proposes delegating powers to the SoS to amend the 90% threshold.

New clause 24—Review of sale of counterfeit electrical appliances on the internet—

‘(1) Within six months of this Act coming into force, the Secretary of State shall commission a review of the sale on the internet of counterfeit electrical appliances and shall lay the report of the review before each House of Parliament.

(2) The review under subsection (1) shall consider whether operators of trading websites that allow individual sellers to use those websites to sell electrical items should be obliged to report to the police and trading standards any instances of the selling of counterfeit electrical appliances during the course of their business of trading.”

New clause 33—Report of cost to UK economy of counterfeit electrical goods on the internet—

‘(1) Within six months of this Act coming into force, the Secretary of State shall prepare and publish a report on the cost to the UK economy of counterfeit electrical goods on the internet and shall lay a copy of the report before Parliament.

(2) The report under subsection (1) shall include an assessment of—

(a) the amount of counterfeit electrical goods being imported into the United Kingdom,

(b) the efficacy of the 1994 Plugs and Sockets regulations, and

(c) the amounts of counterfeit electrical good being sold on trading websites on the internet.”

New clause 34—Review of impact of digital platforms on media advertising—

‘(1) Within 12 months of this Act coming into force, Ofcom shall conduct a review of the impact of digital platforms on media advertising and the sustainability of the UK media.

(2) Ofcom shall conduct another review on the matters under subsection (1) within five years of the publication of the first review, and within every five years thereafter.

(3) The Secretary of State must lay a copy of the report of any review in this section before Parliament.”

Government amendments 20 to 22.

New clause 15—Power to provide for a code of practice related to copyright infringement—

“(1) The Secretary of State may by regulations make provision for a search engine to be required to adopt a code of practice concerning copyright infringement that complies with criteria specified in the regulations.

(2) The regulations may provide that if a search engine fails to adopt such a code of practice, any code of practice that is approved for the purposes of that search engine by the Secretary of State, or by a person designated by the Secretary of State, has effect as a code of practice adopted by the search engine.

(3) The Secretary of State may by regulations make provision—

(a) for the investigation and determination of disputes about a search engine’s compliance with its code of practice,

(b) for the appointment of a regulator to review and report to the Secretary of State on—

(i) the codes of practice adopted by search engines, and

(ii) compliance with the codes of practice;

(c) for the consequences of a failure by a specified search engine to adopt or comply with a code of practice including financial penalties or other sanctions.

(4) Regulations made under this section—

(a) may make provision that applies only in respect of search engines of a particular description, or only in respect of activities of a particular description;

(b) may make incidental, supplementary or consequential provision;

(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

This new clause would amend the Bill to present an opportunity for the Government to fulfil its manifesto commitment to reduce copyright infringement and ensure search engines do not link to the worst-offending sites. There is an absence of a specific provision in the Bill to achieve this.

New clause 16—E-book lending—

“In section 43(2) of the Digital Economy Act 2010, leave out from “limited time” to “and loan.”

This new clause aims to extend public lending rights to remote offsite e-book lending.

New clause 30—Devices or services that infringe copyright

“(1) The Copyright, Designs and Patents Act 1988 is amended as follows.

(2) In section 107(1)(d)(ii) after “offers” insert “, advertises”.

(3) After section 107(1)(d)(iv) insert—

(v) installs, maintains or replaces, or

(ii) otherwise promotes by means of commercial communications, or”

(4) In section 107(1)(e) after “article” insert “, device, product or component”.

(5) In section 107(1)(e) after “work” insert “or which is, and which he knows or has reason to believe is, primarily designed, produced, adapted or otherwise used in a manner described in this section whether alone or in conjunction with another article, device, product, component, or service supplied by or with the knowledge of the same person for the purpose of enabling or facilitating the infringement of copyright”.”

This new clause allows the Government to fulfil its commitment in the IPO’s Enforcement Strategy to ensure that UK business and rights holders have the necessary legal means to protect their IP. It brings in language to cover the supply of IPTV boxes clearly being marketed or sold for the purpose of enabling or facilitating copyright infringement, recognising that many devices may not, themselves, infringe copyright, but are supplied in conjunction with information which enables users to infringe copyright.

New clause 31—Offence to use digital ticket purchasing software to purchase excessive number of tickets—

“(1) A person commits an offence if he or she utilises digital ticket purchasing software to purchase tickets over and above the number permitted in the condition of sale.

(2) A person commits an offence if he or she knowingly resells or offers to resell, or allows to be resold or offered for resale on a secondary ticketing facility, a ticket that the person knows, or could reasonably suspect, was obtained using digital ticket purchasing software and was acting in the course of a business.

(3) For the purposes of subsection (2) a person shall be treated as acting in the course of a business if he or she does anything as a result of which he makes a profit or aims to make a profit.

(4) A person guilty of an offence under this section shall be liable on summary conviction to—

(a) imprisonment for a period not exceeding 51 weeks,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

(5) In this section—

(a) “digital ticket purchasing software” means any machine, device, computer programme or computer software that, on its own or with human assistance, bypasses security measures or access control systems on a retail ticket purchasing platform that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets.

(b) “retail ticket purchasing platform” shall mean a retail ticket purchasing website, application, phone system, or other technology platform used to sell tickets.

(6) Subsections (1) and (2) shall apply in respect of anything done whether in the United Kingdom or elsewhere.”

This new clause creates an offence to use digital ticket purchasing software to purchase tickets for an event over and above the number permitted in the condition of sale. It also creates an offence to knowingly resell tickets using such software.

New clause 5—Personal data breaches—

“(1) The Data Protection Act 1998 is amended as follows.

(2) After section 24 insert—

“24A Personal data breaches: notification to the Commissioner

(1) In this section, section 24B and section 24C “personal data breach” means unauthorised or unlawful processing of personal data or accidental loss or destruction of, or damage to, personal data.

(2) Subject to subsections (3), (4)(c) and (4)(d), if a personal data breach occurs, the data controller in respect of the personal data concerned in that breach shall, without undue delay, notify the breach to the Commissioner.

(3) The notification referred to in subsection (2) is not required to the extent that the personal data concerned in the personal data breach are exempt from the seventh data protection principle.

(4) The Secretary of State may by regulations—

(a) prescribe matters which a notification under subsection (2) must contain;

(b) prescribe the period within which, following detection of a personal data breach, a notification under subsection (2) must be given;

(c) provide that subsection (2) shall not apply to certain data controllers;

(d) provide that subsection (2) shall not apply to personal data breaches of a particular description or descriptions.

24B Personal data breaches: notification to the data subject

(1) Subject to subsections (2), (3), (4), (6)(b) and (6)(c), if a personal data breach is likely to adversely affect the personal data or privacy of a data subject, the data controller in respect of the personal data concerned in that breach shall also, without undue delay, notify the breach to the data subject concerned, insofar as it is reasonably practicable to do so.

(2) The notification referred to in subsection (1) is not required to the extent that the personal data concerned in the personal data breach are exempt from the seventh data protection principle.

(3) The notification referred to in subsection (1) is not required to the extent that the personal data concerned in the personal data breach are exempt from section 7(1).

(4) The notification referred to in subsection (1) is not required if the data controller has demonstrated, to the satisfaction of the Commissioner—

(a) that the data controller has implemented appropriate measures which render the data unintelligible to any person who is not authorised to access it; and

(b) that those measures were applied to the data concerned in that personal data breach.

(5) If the data controller has not notified the data subject in compliance with subsection (1), the Commissioner may, having considered the likely adverse effects of the personal data breach, require the data controller to do so.

(6) The Secretary of State may by regulations—

(a) prescribe matters which a notification under subsection (1) must contain;

(b) provide that subsection (1) shall not apply to certain data controllers;

(c) provide that subsection (1) shall not apply to personal data breaches of a particular description or descriptions.

24C Personal data breaches: audit

(1) Data controllers shall maintain an inventory of personal data breaches comprising—

(a) the facts surrounding the breach;

(b) the effects of that breach; and

(c) remedial action taken

which shall be sufficient to enable the Commissioner to verify compliance with the provisions of sections 24A and 24B. The inventory shall only include information necessary for this purpose.

(2) The Commissioner may audit the compliance of data controllers with the provisions of sections 24A, 24B and 24C(1).

(3) In section 40 (Enforcement notices)—

(a) in subsection (1)—

(i) after “data protection principles,” insert “or section 24A, 24B or 24C”;

(ii) for “principle or principles” substitute “principle, principles, section or sections”;

(b) in subsection 6(a) after “principles” insert “or the section or sections”.

(4) In section 41 (Cancellation of enforcement notice”)—

(a) in subsection (1) after “principles” insert “or the section or sections”;

(b) in subsection (2) after “principles” insert “or the section or sections”.

(5) In section 41A (Assessment notices)—

(a) in subsection (1) after “data protection principles” insert “or section 24A, 24B or 24C”;

(b) in subsection (10)(b) after “data protection principles” insert “or section 24A, 24B or 24C”.

(6) In section 41C (Code of practice about assessment notices)—

(a) in subsection (4)(a) after “principles” insert “and sections 24A, 24B and 24C”;

(b) in subsection (4)(b) after “principles” insert “or sections”.

(7) In section 43 (Information notices)—

(a) in subsection 43(1)—

(i) after “data protection principles” insert “or section 24A, 24B or 24C”;

(ii) after “the principles” insert “or those sections”;

(b) in subsection 43(2)(b) after “principles” insert “or section 24A, 24B or 24C”.

(8) In section 55A (Power of Commissioner to impose monetary penalty)—

(a) after subsection (1) insert—

(1A) The Commissioner may also serve a data controller with a monetary penalty notice if the Commissioner is satisfied that there has been a serious contravention of section 24A, 24B or 24C by the data controller.”;

(b) in subsection (3A) after “subsection (1)” insert “or (1A)”;

(c) in subsection (4) omit “determined by the Commissioner and”;

(d) in subsection (5)—

(i) after “The amount” insert “specified in a monetary penalty notice served under subsection (1) shall be”;

(ii) after “Commissioner” insert “and”;

(e) after subsection (5) insert—

(5A) The amount specified in a monetary penalty notice served under subsection (1A) shall be £1,000.

(5B) The Secretary of State may by regulations amend subsection (5A) to change the amount specified therein.”

(9) In section 55B (Monetary penalty notices: procedural rights)—

(a) in subsection (3)(a) omit “and”;

(b) after subsection (3)(a) insert—

“(aa) specify the provision of this Act of which the Commissioner is satisfied there has been a serious contravention, and”;

(c) after subsection (3) insert—

(3A) A data controller may discharge liability for a monetary penalty in respect of a contravention of section 24A, 24B or 24C if he pays to the Commissioner the amount of £800 before the time within which the data controller may make representations to the Commissioner has expired.

(3B) A notice of intent served in respect of a contravention of section 24A, 24B or 24C must include a statement informing the data controller of the opportunity to discharge liability for the monetary penalty.

(3C) The Secretary of State may by regulations amend subsection (3A) to change the amount specified therein, save that the amount specified in subsection (3A) must be less than the amount specified in section 55A(5A).”;

(d) in subsection (5) after “served” insert “under section 55A(1)”;

(e) after subsection (5) insert—

(5A) A person on whom a monetary penalty notice is served under section 55A(1A) may appeal to the Tribunal against the issue of the monetary penalty notice.”

(10) In section 55C(2)(b) (Guidance about monetary penalty notices) at the end insert “specified in a monetary penalty notice served under section 55A(1)”.

(11) In section 67 (Orders, regulations and rules)—

(a) in subsection (4)—

(i) after “order” insert “or regulations”;

(ii) after “section 22(1),” insert “section 24A(4)(c) or (d), 24B(6)(b) or (c),”;

(b) in subsection (5)—

(i) after subsection (c) insert “(ca) regulations under section 24A(4)(a) or (b) or section 24B(6)(a),”;

(ii) for “(ca) regulations under section 55A(5) or (7) or 55B(3)(b),” substitute “(cb) regulations under section 55A(5), (5B) or (7) or 55B(3)(b) or (3C),”.

(12) In section 71 (Index of defined expressions) after

“personal data

section 1(1)”



insert—

“personal data breach

section 24A(1)”



(13) In paragraph 1 of Schedule 9—

(a) after paragraph 1(1)(a) insert—

“(aa) that a data controller has contravened or is contravening any provision of section 24A, 24B or 24C, or”;

(b) in paragraph 1(1B) after “principles” insert “or section 24A, 24B or 24C”;

(c) in paragraph (3)(d)(ii) after “principles” insert “or section 24A, 24B or 24C”;

(d) in paragraph (3)(f) after “principles” insert “or section 24A, 24B or 24C.””

This new clause seeks to create a general obligation on data controllers to notify the Information Commissioner and data subjects in the event of a breach of personal data security. The proposed obligation is similar to that imposed on electronic communication service providers by the Privacy and Electronic Communications (EC Directive) Regulations 2003.

New clause 11—Public register of information disclosures—

“(1) No disclosure of information by a public authority under Part 5 shall be lawful unless detailed by an entry in a public register.

(2) Any entry made in a public register under subsection (1) shall be disclosed to another person only for the purposes set out in this Part.

(3) Each entry in the register must contain, or include information on—

(a) the uniform resource locator of the entry,

(b) the purpose of the disclosure,

(c) the specific information to be disclosed,

(d) the data controllers and data processors involved in the sharing of the information,

(e) any exchange of letters between the data controllers on the disclosure,

(f) any other information deemed relevant.

(4) In this section, “uniform resource locator” means a standardised naming convention for entries made in a public register.”

New clause 12—Review of the collection and use of data by government and commercial bodies—

“(1) Within six months of this Act coming into force, the Secretary of State shall commission an independent review of the collection and use of data by government and commercial bodies and shall lay the report of the review before each House of Parliament.

(2) The review under subsection (1) shall consider—

(a) the increasing use of big data analytics and the privacy risks associated with big data;

(b) the adequacy of current rules and regulations on data ownership;

(c) the collection and use of administrative data; and

(d) any other matters the Secretary of State considers appropriate.

(3) In conducting the review, the designated independent reviewer must consult—

(a) specialists in big data, data ownership and administrative data,

(b) those who campaign for citizens’ rights in relation to privacy, personal information and data protection,

(c) any other persons and organisations the reviewer considers appropriate.

(4) In this section “big data analytics” means the process of examining large datasets to uncover hidden patterns, unknown correlations, market trends, customer preferences and other useful business information.”

New clause 19—Disclosure of information by local authorities in relation to free school meals—

“(1) A “specified objective” under section 29(6) also refers to the disclosure of information held by a local authority to a relevant school to enable them to carry out the duty in Section 512 of the Education Act 1996 to provide free school meals to eligible children.

(2) For the purposes of this section, “information” refers to the disclosure of information to a relevant school on the names of—

(a) pupils who live within a household that claims council tax benefit;

(b) pupils who live within a household that claims housing benefit;

(c) pupils who live within a household that claims any other benefits administered by the local authority.

(3) The objective under section (1) may be specified by regulations only if it complies with the conditions under subsection (4).

(4) That condition is that the disclosure is for the purposes of assisting children eligible for free school meals to have access to the entitlement under section 512 of the Education Act 1996.

(5) Under subsection (1) local education authority must provide a relevant school with sufficient information collected to enable them to carry out the duty in subsection 3.

(6) For the purposes of this Act, a school is “relevant” to a local education authority if that school has on its pupil roll a qualifying child resident within that local education authority’s area.

(7) For the purposes of this Act, a “school” is any local authority maintained school, free school or academy, or voluntary-sector alternative provision working with the local authority.

(8) Local education authorities must provide the means for a parent or guardian of a qualifying child to—

(a) opt out of the arrangements envisaged in sections 1 to 4.

(b) consider opting in to free school meals at the beginning of each academic year, having previously chosen to opt out.

(9) Local education authorities and schools must take all reasonable steps to preserve the confidentiality and right to privacy of qualifying children and their parents or guardians in respect of the information, information-sharing and administrative arrangements provided.”

New clause 23—Provision of information on Government website in Welsh language—

“(1) Subject to subsection (2), services provided on the internet by the Government must be provided in the Welsh language in addition to English.

(2) Subsection (2) only applies to services provided on the internet by the Government relating to subjects not listed under Part 1 of Schedule 7 to the Government of Wales Act 2006.

(3) In this section “services provided on the internet by the Government” means—

(a) information on the www.gov.uk website, or

(b) interactive services on the www.gov.uk website.”

Amendment 3, in clause 32, page 31, line 30, at end insert—

“(8A) In its application to a public authority with functions relating to the provision of health services, section 29 does not authorise the disclosure of identifiable health information held by the authority in connection with such functions.”

This amendment is to ensure that there are adequate protections for the confidential health information of patients and to prevent the disclosure of identifiable health information.

Government amendments 4 to 11.

Amendment 25, in clause 49, page 48, line 6, at end insert—

“(g) for the purposes of journalistic publication or broadcast transmission in the public interest.”

Amendment 26, in clause 50, page 49, at end insert—

“(j) for the purposes of journalistic publication or broadcast transmission in the public interest.”

Government amendments 12 to 19.

Kevin Brennan Portrait Kevin Brennan
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We have 12 new clauses and amendments—and one that we withdrew so that the Select Committee could table it—in this group. New clause 6 stands in my name and those of my hon. Friends the Members for Tooting (Dr Allin-Khan) and for Sheffield, Heeley (Louise Haigh). As the Minister has done many times, I pay tribute to the latter, who unfortunately is not here because she is part of a pre-planned parliamentary delegation. She did a tremendous job in Committee and has been praised universally on both sides of the House for her efforts.

On new clause 6, although subtitling is at or near 100% across public service broadcasters, three quarters of the UK’s 90 on-demand providers still offer no subtitling at all, despite the fact that according to Ofcom nearly one in five of the UK population use them. The principle behind the Communications Act 2003 recognised that those with sensory loss should not be denied access to the information services that many of us take for granted, but those with sensory loss cannot keep up with changing technology. In July 2013, the then Minister for the Digital Economy, the right hon. Member for Wantage (Mr Vaizey), acknowledged this, arguing in the Department’s 2013 document, “Connectivity, Content and Consumers”, that if

“progress isn’t being made in three years’ time…we will consider legislation.”

Well, here we are, three years later, with an appropriate legislative vehicle right here in front of us, and the Government are failing to act.

We wonder why. There were strong rumblings that the Government were planning to act, and we were checking the amendment paper every day, anticipating that they would, so it is a bit odd that we, the Opposition, have to bring forward this new clause, which takes on the Government’s concerns, when it is supposed to be the other way around—the Government taking on the concerns of others in the House during consideration of a Bill. The new clause would update the existing regulatory regime and apply it to on-demand providers. It is clearly time the Government acted to reflect the digital world in which we live and allow those with sensory loss to play a full and active part in it. The Government should accept the new clause, and I look forward to the Minister telling us that he will.

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None Portrait Several hon. Members rose—
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. We have one hour and one minute left in this debate and many Members want to speak—and I suspect they will also wish to have answers from the Minister and would not like to truncate his contribution to the debate. I cannot impose a time limit; I can only ask for courtesy from one Member to another and short speeches. I am not suggesting speeches so far have been too long, but I ask Members to speak as quickly as they possibly can.

Damian Collins Portrait Damian Collins
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I will try to adhere to your guidelines, Madam Deputy Speaker.

I would like to speak to new clause 31, but first I want to congratulate the hon. Member for Washington and Sunderland West (Mrs Hodgson) on her campaigning over many years to deal with the abuses in the secondary ticketing market. I also want to congratulate my Select Committee colleague, my hon. Friend the Member for Selby and Ainsty (Nigel Adams), who took up this issue strongly in the Bill Committee. In fact, the new clause that we are discussing tonight is exactly the same as the one he tabled for discussion in Committee. Such was the power of his argument that he persuaded the hon. Member for Cardiff West (Kevin Brennan) to pursue this matter on Report, and I am grateful to the shadow Minister for agreeing that the Select Committee could table this new clause for discussion on Report.

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None Portrait Several hon. Members rose—
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Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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Order. We have 22 minutes left in this debate and 10 Members who wish to speak—that is two minutes each.

Kate Green Portrait Kate Green (Stretford and Urmston) (Lab)
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I want to address briefly the Minister’s comments on new clause 6. I welcomed his saying that he hoped progress would be made when the Bill proceeds to the House of Lords. Will he encourage his colleagues in the other place to take a positive and inclusive approach to ensuring accessibility of on-demand services? The new clause drafted by my hon. Friends suggests in subsection (4) a number of considerations which might be taken into account. I hope these will be interpreted in the most generous and ambitious way if they inform the Government’s thinking.

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Sharon Hodgson Portrait Mrs Hodgson
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I want to speak for my two or three minutes in support of new clause 19 and new clause 31. I welcome these two new clauses after my many years of campaigning to put fans first and to improve access to free school meals.

Hungry children struggle to learn in school, and they fall behind their peers. That is why it is important that we improve the provision that is on offer and the access to it, and new clause 19 will do just that. This policy proposal was first introduced by my right hon. Friend the Member for Birkenhead (Frank Field) as a ten-minute rule Bill earlier this year. I have fully supported this policy change, and I congratulate my hon. Friends on the Front Bench on bringing it forward. It is estimated that having a child on free school meals can save a family up to £400 a year. A school will net £1,320 a year for each child who is currently on free school meals or who has been in receipt of free school meals in the previous five years. The proposed changes are simple and have been tried and tested by Calderdale Council and Greenwich Council, which have both used data sharing to improve the take-up of free school meals and, in turn, pupil premium in their boroughs.

I want to speak briefly to new clause 31. I thoroughly welcome this new clause, which has been introduced by the hon. Member for Folkestone and Hythe (Damian Collins) on behalf of the Culture, Media and Sport Committee after its excellent short inquiry into bots and ticket touting a few weeks ago—I had the pleasure, as I said earlier, of witnessing it at first hand—following the amendment originally tabled by the hon. Member for Selby and Ainsty (Nigel Adams) and supported by the Labour Front-Bench team and me. The new clause would take us one step closer to sorting the market out, but it is not a silver bullet; far from it. Alongside the new clause, we need the enforcement of existing legislation, such as the Consumer Rights Act 2015, and the implementation of the Waterson review recommendations on the secondary ticketing market.

Over the years, like the Minister and the hon. Member for Selby and Ainsty, I have heard about examples—I have experienced it myself—of people trying to buy tickets but finding that they were already sold out, and within minutes finding those tickets up on the secondary market. I never relented; I refused to buy any tickets from touts, but one can only deduce that there is a serious issue about how the tickets get on to the secondary market so quickly. One way in which they do so is definitely through the use of bots. Fans are not getting a fair crack at getting tickets, just as the Minister and other Members have not had a fair crack at getting them.

In the past 18 months, there has been a massive escalation in the number of tickets harvested by the aggressive software used by touts, with these attacks becoming more and more sophisticated. Attacks appear to emanate from all over the world, but the majority of attacks on ticketing systems are orchestrated by UK-based and UK-resident touts. Some 30% to 50% of tickets for high-demand events are harvested by aggressive software and immediately placed for resale on viagogo, GetMeIn!, StubHub and Seatwave, despite the best efforts of the industry, which has tried to police itself and to bring in technical solutions. The industry has tried to sell tickets through fan clubs, but even those are attacked. Where tickets are sold by ballot, there are ballot bots. Where fan club registration is required, there are email-generating bots that flood systems with thousands of false identities. There is not one single way to offer tickets for sale to the public for which there is not already a bot out there that will attack the system.

The situation is deteriorating. Primary ticket sites have to detect an attack, examine the data, identify the software used, reverse engineer it and develop measures to prevent a further attack. That process can take months. In the meantime, a tout can simply pay a coder overseas a few hundred pounds to develop a new bot to circumvent the new security features. Bots can be coded to attack a specific ticketing system in as little as a day.

Although legislation is in place in the form of the Computer Misuse Act 1990, which has broad applications that could be used to address bots, it is 25 years old and it is yet to be tested in this regard. This is an arms race that the primary ticket sellers simply cannot win. The secondary market has already shown its blatant disregard of civil remedy legislation, such as the amendment to the Consumer Rights Act 2015, which is flouted daily. The only effective deterrent is a very clear criminal offence, with appropriate punishment on conviction, and that would be provided by new clause 31.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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I thank the hon. Members who spoke for only two minutes. Their courtesy has been noticed and they will get brownie points. There is now plenty of time left for Mr Pete Wishart.

Pete Wishart Portrait Pete Wishart
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Thank you ever so much, Madam Deputy Speaker. I refer the House to my entry in the Register of Members’ Financial Interests in relation to my recorded work.

I would say that this has been a good evening. The concessions we have heard from the Minister are most definitely to be welcomed. I am a veteran of the former Digital Economy Bill. Looking around the Chamber, I can see a few people who still bear the scars of that experience. I must say—this is my first contribution on this Digital Economy Bill—that this one seems to be being given a much more convivial and consensual outing. I am looking at the hon. Member for Cardiff West (Kevin Brennan), and I just hope we do not get a version of “Smoke on the Water” from the right hon. Member for Maldon (Mr Whittingdale), as we did when we went out to celebrate the passage of the Digital Economy Bill last time. The hon. Gentleman does a fantastic impersonation of the right hon. Gentleman singing that, which I hope we will never hear in this House.

We have made real and substantial progress, and I welcome the Minister’s words on new clause 15. That was the provision I wanted to address most firmly. When we consider search engines, we must remember that these are the pipes or the infrastructure, and they create no content of their own. Our creative industries are very important to this country. They are driving the economy now—they are growing at a faster rate than the rest of the economy—and we are firing economic growth on the imagination of the people of this country. What a way to grow our economy. It is therefore absolutely right that we should make substantial progress on this, and the Minister’s words are welcome.

I would only say to the Minister that we are listening very carefully, and if the companies do not come up with the voluntary code, we will need him to act. We need him to ensure that our artists, creators and inventors —those who produce in this country the wonderful content that is known right around the world—are properly rewarded for their works. We are all looking forward to seeing what plans will be introduced.

On new clause 16, I have the pleasure and privilege of chairing the all-party writers group, and we welcome the Government’s clear commitment to deal with the very real measures on e-learning. All writers and authors, all those involved in publishing and all those across the country who support literature and books have been asking for this for a long time. Again, we welcome the solid progress that will be made.

Lastly, we welcome the progress that the Government have committed to make on ticket touts and the whole issue of bots. I have been in the House for 15 years, and one of the first debates I was involved in in the House was about ticket touting. Many Members have stood up in the House and demanded solid action from Governments when it comes to this really pernicious industry, which corrodes our live music scene. Live music is one of the major features and one of the growing parts of music across this country. Artists continually go on about this issue, and, at last, it looks as though it will be addressed. I pay tribute, obviously, to the hon. Members for Selby and Ainsty (Nigel Adams) and for Washington and Sunderland West (Mrs Hodgson), but also to people such as John Robertson, the chair the all-party group on music before the hon. Member for Selby and Ainsty, who stood up in the House to try to get something done about ticket touts. Again, we have made solid progress.

As we wind up these proceedings on the Bill, we have heard the Minister make these commitments—he has said that he is prepared to make progress—and it is now incumbent on us all to ensure that these commitments are brought into legislation. We have made very good progress on the Bill this evening. We have a range of provisions that mean my hon. Friends and I will be able to support the Bill. We look forward to the Government honouring their commitments, and we look forward to hearing what the Minister has to say on Third Reading.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Mrs Eleanor Laing)
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We have a whole minute to spare.

Matt Hancock Portrait Matt Hancock
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Since the Secretary of State will open the Third Reading debate, may I take this opportunity to thank the House for all the comments we have heard, especially those from Opposition Front Benchers? It has been a very collaborative effort, especially on this group of provisions, but also more broadly. I hope that the Bill leaves the House in better shape than it entered it, as it goes off to be considered in the other place. I thank everybody involved, from the officials in the Box to all the stakeholders more broadly. I ask the House to support the Government’s proposals.

Question put and negatived.