Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017

Lord Clement-Jones Excerpts

Wednesday 6th December 2017 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Ashton of Hyde) (Con)]

My Lords, I intend to be brief. Noble Lords will recall that the Digital Economy Act 2017 received Royal Assent in April this year. That Act included reforms to the Electronic Communications Code, which provides the statutory framework for agreements between site providers and digital communications network operators.

The purpose of the reforms is to make it easier and cheaper for digital communications infrastructure to be installed and maintained, ensuring that this statutory framework supports the wider benefits of the UK’s world-leading digital communications services. The reformed code is subject to commencement by a separate statutory instrument, which will not require parliamentary scrutiny. We expect to bring the code into force by the end of December. However, before taking this step, we need to ensure that a number of sets of supporting regulations are in place.

In addition to the regulations before the Committee today, the supporting measures include two sets of regulations that were laid on 19 October 2017 under the negative procedure, which amend secondary legislation and make specific transitional provisions. Together, the purpose of all these regulations is to ensure a smooth transition from the existing legislation to the new code. They will therefore take effect only when the new code commences, which, as I mentioned, we expect to be by the end of December.

The draft Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Primary Legislation) Regulations 2017 amend references in other primary legislation to the existing code and to provisions in the existing code, replacing them with terminology and cross-referencing aligned to the new code.

The draft Electronic Communications Code (Jurisdiction) Regulations 2017 bring into effect one of the code’s key reforms: transferring the jurisdiction for code disputes from the county courts to the Lands Tribunal in England and Wales, and from the sheriff court to the Lands Tribunal in Scotland. This reform was strongly recommended by the Law Commission following its consultation on the code, and is expected to ensure that code disputes can be dealt with more quickly and efficiently. The DCMS has worked closely with colleagues in the Ministry of Justice, and their counterparts in Scotland, to prepare for this change. I beg to move.

[Lord Clement-Jones (LD)]

My Lords, the Minister has reminded us of our happy days during the passage of the Digital Economy Bill—now the Digital Economy Act. Of course, we all like to be reminded of our days in the salt mines. These regulations are straightforward and we welcome them. I certainly do not intend to raise again any issues relating to the Electronic Communications Code. Certainly, I would not want to provoke another speech from the noble Lord, Lord Grantchester; that would be very unwise.

However, I will make a couple of comments relating to the implementation of the code. As I understand it, Ofcom is issuing a code of practice on top of that. There is some concern that although the direction of travel of the ECC was very clear, the code of practice is in a sense bringing back a slight bias in favour of the landowners. That is a concern of some commentators. One says:

“While the consultation around the code of practice is to be welcomed, if implemented in its current form, the code of practice is in danger of swinging the pendulum back too far in favour of landowners who will be able to challenge operators at every stage”.


I know that the Government were very keen to get the balance right. It will be interesting to hear what the Minister has to say about that.

The Minister may want to write to me about this, but this is a useful opportunity to ask about the direction of government policy in terms of EU regulatory reforms—if we can bear it. It looks like there are plans from Brussels for a new Electronic Communications Code which includes e-privacy regulation. Obviously, before we exit—if we exit—it will continue to be important to keep the digital single market and the single telecoms market in place. The question arises: will there be time? Will the new Electronic Communications Code, however it is brought in—whether by directive or regulation, I am not quite sure—happen? Will it fall outside? Will it be after 29 March? Will it fall during a transition period? I suspect there are many in the telecoms field and the general area of technology infrastructure who will be extremely interested in the answer to that.

Those are the two areas on which I would very much like to have an answer from the Minister, either now or at some stage in the future.

[Lord Griffiths of Burry Port (Lab)]

My Lords, I do not have very much to add. The allusion to happy days in the past, which I missed, unfortunately—

[Lord Clement-Jones]

Fortunately.