Digital Economy Bill Debate

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Tuesday 13th September 2016

(7 years, 7 months ago)

Commons Chamber
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Chi Onwurah Portrait Chi Onwurah
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Absolutely. That is one of the areas on which we will seek much greater clarification.

While celebrating the contribution of the creative industries, we note the Government have not taken the opportunity to update authors’ rights for e-book lending. This part of library lending is growing despite, or perhaps because of, the drastic cuts to library services under this Government, so would now not be an opportunity to update those rights?

There are a number of areas where we have significant concerns. The BBC is one of the cornerstones of our £84 billion creative industries. Its successes are something that we on the Labour Benches celebrate. Protecting the BBC is crucial. The Bill makes policy for funding TV licences for the over-75s the responsibility of the BBC. The National Union of Journalists estimates it will cost the BBC £1.3 billion over five years, and then £750 million each year. That represents a 20% cut in licence fee income, which could pay seven times over for our 30 local BBC radio stations or fund Radio 4 eight times over. It could pay for 30 “Great British Bake Offs”. Ministers would do well to consider that before depriving the British public of their favourite shows. We accept that funding and policy must go together.

Matt Hancock Portrait The Minister for Digital and Culture (Matt Hancock)
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On the crucial issue of “The Great British Bake Off”, of which I am an enormous fan, I hope the hon. Lady will correct what she just said and acknowledge that, after today’s announcement, the programme will remain on free-to-air terrestrial TV, on Channel 4.

Chi Onwurah Portrait Chi Onwurah
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I thank, or at least I think I thank, the Minister for that intervention, but it is clearly not going to be on the BBC and that is clearly a question of funding. The Government are cutting funding to the BBC significantly. If that is not going to be the case, I look forward to an announcement from the Government that they are withdrawing those measures. My hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), the shadow Secretary of State for Work and Pensions, has described this as

“a slippery slope towards further outsourcing of a social security system under siege.”

The Bill is not only notable for its inability to respond to the challenges it sets itself; it should be infamous for not even considering the challenges the digital economy presents. It has little to do with the digital economy itself and much to do with the Government’s culture of cowardice when it comes to addressing the key challenge of the digital economy: data. The only measures on data seem designed to extend the current public sector data sharing chaos to a complete free-for-all. Our data are at risk with this Bill. We do not own the data and we are not safe. Anyone can take them and the Government decide what others should see of them.

The Government want to make sharing public data easier if “benefit” can be shown, but that benefit will be decided without proper public scrutiny—indeed, without any debate. Where has the debate been?

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Chi Onwurah Portrait Chi Onwurah
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Data sharing, as with much of the new and fantastic technologies of the digital economy, can bring huge benefits to making public and private services more effective. However, they need to be used in the context of a framework where we have a sense of data ethics, data principles and the rights of citizens whether they are in fuel poverty or not. We are perfectly capable of achieving that, but we need a Government with the vision to instigate a debate and to set out the right transparent framework. Unfortunately, the Bill just does not do that. As we saw with the failed care.data attempt at NHS data sharing, when the Government fail to set out a proper and transparent framework the cost is borne by a lack of public trust in those services.

Matt Hancock Portrait Matt Hancock
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Before the hon. Lady proceeds, she might want to acknowledge the two-year open policy-making process that has underpinned the data measures. She is very welcome to participate in that process, but has so far refused to engage.

Chi Onwurah Portrait Chi Onwurah
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I hope the Minister will not continue to use my speech to make inaccurate points. I am very well aware of the data sharing debate. I am also very well aware that it was rounded off without proper agreement on the conclusions. I look forward to the Minister setting out exactly where the agreement that led to the current proposals was debated and agreed with all the stakeholders. He knows very well that he is unable to do so.

The failure to set out a data framework matters now, but it will matter even more in future because the new generation of technology, such as the internet of things, is going to increase exponentially the generation and use of data. To take smart meters as just one example, when security is designed into the smart energy code for energy metering there is no regulatory framework for the data about our homes: when we start making the tea, what time our children go to sleep and when we lock the back door. The previous Secretary of State for Energy told me that the data would belong to the energy companies. She then retracted that statement, but clearly had no idea who the data would really belong to. I doubt she can tell me more now that she is Home Secretary.

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Anne-Marie Trevelyan Portrait Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)
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It is an honour and a pleasure to speak in this debate. Broadband connectivity is possibly the most important issue at every level for my constituents in north Northumberland. I thank the former Minister, my right hon. Friend the Member for Wantage (Mr Vaizey)—he is not now in the Chamber—who listened endlessly to requests from me and my constituents for a universal service obligation to ensure that those who live in our most rural communities have access to decent broadband.

The concern brought to me, which I have raised, is how robust the right to request, under a universal service obligation, broadband with a speed of 10 megabits per second will be, given the reality of access to the system. The first point I ask the Minister to consider—it has been raised by colleagues—is that, by the time the Bill is enacted and we can move forward, 10 megabits per second will be well below a realistic level. How might we benchmark that number today, so that we will have a number to which we can relate in two or five years’ time?

Matt Hancock Portrait Matt Hancock
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May I say, because this issue has come up several times, that the Bill proposes to put the speed into secondary legislation precisely so that it can be updated appropriately? The figure of 10 megabits per second, which I have described as the absolute minimum, is the Ofcom definition of what a family currently needs. I think my hon. Friend will see from what I have said the direction in which things are heading.

Anne-Marie Trevelyan Portrait Mrs Trevelyan
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I thank the Minister for his intervention, which will very much reassure those for whom that matter has not perhaps been made as clear as they wish it to be. The key will be to support Ofcom’s proposals, which I understand we can expect at the end of the year, so there is clarity and we can control the situation.

In Northumberland, BT has done an enormously good job in very difficult technical circumstances. When the telephony system was installed back in the 1950s, a cabinet was put at the end of almost every street in Durham, but one was put in only every 10 to 20 miles in Northumberland, with very few copper cables going on for miles and miles. This is proving a very serious challenge for BT in meeting the needs of farmsteads that might now have nine or 10 homes, where in the 1950s there was one farmer who perhaps did not even want mains electricity at that time. We have some real engineering challenges in Northumberland, but I want to put it on the record that BT and Openreach are doing an incredible job in trying to find ways to meet them.

One issue that has not been raised in any detail is the gainshare programme. The BDUK money, which has been rolled out through BT to reach some of my constituents, will not come back in at the speed we would like unless the offer of broadband, where it exists, is taken up by my constituents. The Government need to think carefully about how they get across the point that if broadband is available in a community—it is available in many places, although not nearly enough across Northumberland—people must change their contracts to one involving broadband to ensure that the gainshare will come back in for the rest of the community. The iNorthumberland team at Northumberland County Council have worked tirelessly alongside me for four years in my broadband campaign to drive it out, in spider’s web fashion, to our smaller and smaller communities, but we are definitely not there yet.

The target of reaching 95% by 2017 is very unrealistic in my patch, and we need to review it. The reality is that superfast broadband will continue to expand. Where broadband already exists, superfast broadband will continue to expand, which is fantastic for such constituents. However, it is not good, while superfast broadband keeps expanding, if we cut off more and more small communities as a result because they have not been able to put in place the infrastructure for it.

The challenges of using technologies other than fibre to do that are real. In Northumberland, bizarrely enough—we tested it in my own home—the satellites leave us caught between two different beams, so satellite broadband does not work very well. The idea is good, but in practice we are stuck between the two beams. To be fair to BT, it looked at the three villages where we had done some work and has supported trying to drive forward work to get fibre a little closer—the distance is down from 9 miles to 6 miles—to improve things.

There are also some real challenges with point-to-point wi-fi. The Northumbrian hills are quite a long way from one another. In some landscapes in the UK, the hills are closer together and point-to-point may well work much more effectively. In my constituency, the hills are large and at great distances, and the signal fades, so we will not get the impact that we need for those living in rural communities. Up the Coquet valley, farmers and their families are several miles—an hour and a half in the snow—from the next community, village or farm, but they need that comms technology available to them.

We have to find ways to ensure we have one-off investments. In the ’50s, some farmers said that they did not want mains electricity, but people will invest in and support the costs to get fibre to far-off communities, to ensure that we do not cut them off. Northumberland gets 7 million tourists every year. They all expect that there will be broadband and wi-fi in the houses they rent and the hotels and bed and breakfasts that they stay in, but it simply is not there, in the most beautiful parts of the county. We need to make sure that the investment is driven right through.

My constituency neighbour, the hon. Member for Berwickshire, Roxburgh and Selkirk (Calum Kerr), mentioned that we always talk about download speeds, but for business development, upload speed is a vital part of the data process. We must make sure that that is understood. I would like to see it specifically in the Bill. Download is only one part of the process. It is great for streaming films if someone has 10 megabits—or so I am told; I can only get about 4 megabits in my house—but without a very good upload speed, we will not be able to get any kind of business development into rural communities. We want to broaden the engagement of those businesses in our rural communities.

As was said earlier, people who work a four-day week in their office in Newcastle, let us say, but for the sake of their quality of life want to spend three days a week working from home cannot possibly do that work or upload the documents that they need to upload without that clear upload speed of 10 megabits per second. In some of the larger villages in my constituency, the upload speed is often less than 1 megabit per second. It is impossible to work with that from a business perspective. Will the Minister therefore consider how we can make sure that operators meet a commitment on that as well?

Provision of sites for infrastructure is covered in the Bill. I have had concerns for some time—more have been brought up with me over the past few days—about the balance of the relationship between site providers and operators. How the rent for the use of private land by operators is determined will be important in ensuring that land can be rented easily for infrastructure, particularly for telephony systems. I have heard of anxiety from potential site owners that voluntary agreements may be harder to reach—something that will simply slow down investment in telephony systems for my constituents—if there is no provision in the Bill for a reasonable consideration to be paid, albeit perhaps one below current levels.

Potential site owners are concerned that the Bill implies that there could be retrospective change to existing arrangements, which is slowing down tenancy agreements. It would be helpful if the Minister confirmed that the new code will not be retrospective, to ensure that an operator will not have the option to break an existing lease purely to enter the new code. My main concern for north Northumberland is that that risks slowing down the roll-out of the emergency services network, on whose masts my constituents hope to rely to extend our telephone system to some of the most rural communities. I hope the Minister will be able to answer those questions.

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Matt Hancock Portrait The Minister for Digital and Culture (Matt Hancock)
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They say that success has many fathers, and I hope that is true of the Bill because this debate has been a veritable custody battle. My right hon. Friend the Member for Maldon (Mr Whittingdale), whose name appears first on the back of the Bill, gave a second opening speech to explain where much of it has come from. My right hon. Friend the Member for Didcot—[Hon. Members: “Wantage.”]—made a brilliant speech. I think of my right hon. Friend the Member for Wantage (Mr Vaizey) as the Member for Didcot because of that great big power station, which he so resembles; sadly, it has now fallen down. He developed much of the detail of the Bill and deserves enormous credit for his work.

Between us, the Parliamentary Secretary, Cabinet Office, who, with me, will take the data measures through the Committee, my right hon. Friend the Secretary of State, who we could say is the mother of the Bill, and I—I am honoured and privileged to be the Bill Minister—all claim credit for parts of the Bill. It has been a team effort, and a huge amount of work over several years has gone into bringing the Bill to this point. I want to thank all the Ministers and the many officials and stakeholders who have been involved in its development.

This has been an excellent debate, with insightful and thought-provoking contributions from all sides of the House. We have heard about the increasing importance of digital technology and infrastructure to our constituents and the economy. I am glad that there seems to be a consensus about the importance of the subject. We have heard some impassioned pleas to ensure that we protect the vulnerable, and the Bill takes steps to do so.

Technology is transforming the world in which we live—our homes, work and daily lives—and the Bill seeks to make the benefits of those transformations as big as possible while mitigating some of the inevitable costs. We need to ensure that our laws and infrastructure keep pace with this great change. We must tackle the problems the change brings and seize on the opportunities.

We have the best superfast broadband coverage and highest take-up of all major European nations, but we want us to have more. Although nine out of every 10 homes and businesses can now access superfast speeds, and we are on track to hit the target of 95% coverage by 2017, we want high-speed broadband for all. The Bill takes the next step, with the universal service obligation. In the same way, as we deliver through infrastructure the internet that enriches our lives, we will also take steps to protect children from online pornography, addressing harms highlighted by many in the Chamber.

Likewise, the Government Digital Service has made the UK Government one of the first digital-by-default states, in a model replicated the world over, but we can do more. The Bill will strengthen how we use Government data to deliver better public services.

Lord Vaizey of Didcot Portrait Mr Vaizey
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I read press reports about the Government Digital Service being broken up and distributed around Departments. I always thought that the service was a fantastic innovation. It behaved like a start-up, challenging and pushing the envelope. During his remarks will the Minister give a helpful update to the House on the position of the Government Digital Service?

Matt Hancock Portrait Matt Hancock
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I reassure my right hon. Friend that the Government Digital Service goes from strength to strength. It secured significant extra funding in the spending review and is delivering, as it has done and will continue to in future.

Graham P Jones Portrait Graham Jones
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It is a credit to the Government that we are one of the Digital 5, but is it not also true that we are a long way behind Estonia, which is probably at the forefront in digital technology?

Matt Hancock Portrait Matt Hancock
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I am grateful for the hon. Gentleman’s supportive comment about how the Government have done on digitisation. We have made a huge amount of progress and are one of the world leaders. Some states find this process easier, partly because of national culture. Estonia bases its Government digital services on a universal identity system that we disagree with here; it has a much more willing approach to having an ID card system than the UK does. Also, by its nature our country is more complicated and much bigger, so things are more complicated here, but we can learn a lot from the brilliant work Estonia is doing. I have personally worked with the Estonian Government to take the lessons and apply them in our own context.

There were three areas in the debate that really got the House going. The first was age verification. Incredibly strong speeches were made on that by the right hon. Member for Slough (Fiona Mactaggart), the hon. Members for Rotherham (Sarah Champion) and for Bristol West (Thangam Debbonaire), my right hon. Friend the Member for Basingstoke (Mrs Miller), my hon. Friends the Members for Devizes (Claire Perry), for Congleton (Fiona Bruce) and for Eastbourne (Caroline Ansell), and others. Age verification is an incredibly important step forward. Legislation is in place to deal with the online abuse that many Members also raised—the cyber-stalking and harassment—and, as Members of Parliament, we all understand the challenges that we face on that. We remain committed to improving online safety; it is a challenging area, but we will continue to work to push that forward. The views of the House will be key to that process.

Kit Malthouse Portrait Kit Malthouse
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Does the Minister accept that the impact of the measures will be limited given that, as a number of Members have pointed out, the vast bulk of the material we are trying to protect children from comes from overseas? The Government’s jurisdiction will therefore be limited and the impact will therefore be limited.

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Matt Hancock Portrait Matt Hancock
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No, I do not. We have tried to devise them in such a way that they have an impact on both overseas-hosted sites—they must, because of the international nature of the internet—and free sites.

Many Members asked questions about blocking and user-generated content. I will take those away and no doubt return to them in Committee. I am very clear that the Bill takes us forward. We need to listen to the views of the House to ensure that we get the details right.

The second area in which there was a huge amount of interest was broadband. I am incredibly excited that 91% of premises now have access to superfast broadband. The universal service obligation in the Bill is a huge step forward, bringing high-speed broadband to all.

A few questions were raised on the detail, not least the 10 megabits assessment. As I said in an intervention, the Bill puts in place the power to have secondary regulations to ensure that if we need to increase the minimum speed we can do that. That is a very important step forward. Many Members asked about the exact design of the USO, in particular how we will make sure the speed is appropriate. Ofcom will consult on the precise design of the USO in the autumn, so that we can make sure we get the details right.

Tom Elliott Portrait Tom Elliott (Fermanagh and South Tyrone) (UUP)
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I appreciate the more-than-90% high-speed broadband availability that the Minister talks about, but what comfort is there for people in my constituency, where less than 70% of the public are able to access high-speed broadband?

Matt Hancock Portrait Matt Hancock
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The comfort I can give the hon. Gentleman is that if he votes for the Bill we will have a universal service obligation to get high-speed broadband up to 100%.

Jim Shannon Portrait Jim Shannon
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The Department and the UK Government have allocated specific funds to the Northern Ireland Assembly to enable greater availability of broadband. Do the Government intend to do that again to enable the remaining small percentage—I think it is about 13% across Northern Ireland—to access broadband?

Matt Hancock Portrait Matt Hancock
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There is a fund to ensure that we get fast broadband out to as many people as possible. There is something that every single Member can do to make sure that that fund goes as far as possible. The contracts are structured so that the more people take up broadband, the more the local authority or delivery partner gets back in a clawback. They then spend that money on reaching more premises and more households. I urge everybody to run a broadband take-up campaign in their constituencies, because the more people who sign up for broadband in a Government-supported Broadband Delivery UK area—about 20% of households —the more money comes back to the programme and the more houses can be reached. The clawback means that all of us can have a direct impact on how much broadband is delivered in our local areas.

Kit Malthouse Portrait Kit Malthouse
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I just want to be clear, because many of my constituents will be listening carefully, on what 10 megabits per second actually means. The Minister, in an intervention, used the word “minimum” when he said that the universal service obligation would be 10 megabits per second. Is he saying that it is the Government’s intention that some broadband speeds should never fall below 10 megabits per second, no matter what their neighbours, or anybody else who is sharing capacity, are doing?

Matt Hancock Portrait Matt Hancock
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My hon. Friend raises an important point. I see 10 megabits as the absolute minimum, but the definition of what has been advertised in the past for high-speed broadband is a really important issue. This is not an area of statutory regulation, because we do not have statutory regulation for advertising. The Advertising Standards Authority makes the rules. It is consulting on changing the so-called “up to” definitions in advertising to make sure that there is a tighter definition so that people get what is advertised. I think it is fair to say that, should that change go through—it is a non-statutory area—it would be widely supported across the House.

Fibre to new homes was raised by many Members, so let me give this answer. In January, it will become law that superfast broadband needs to be supplied to new homes. There is a commitment to provide fibre to sites with more than 100 new premises. This is a big step forward. Lots of people asked questions about it; secondary regulations went through; the reason it is not in the Bill is that we think we have made the progress needed to ensure that we deliver in this space.

Likewise, many people asked about agreements on landowners’ rights under the electronic communications code, which I agree is an incredibly important step forward. I pay particular tribute to my right hon. Friends the Members for Maldon and for Wantage for driving this through. The new code will be a baseline that removes a lot of the room for dispute. It will apply only to new contracts, but many if not most contracts and agreements for siting masts will remain on commercial terms. It will not be required to use the new code; the new code will be the baseline from which the negotiations can take place.

Let me touch on the Opposition Front-Bench contributions. I felt that the two Labour contributions were well informed and the agreement on the vision was very positive. I would like to react to a few points. Sadly, I thought there was a rather shrill position on data sharing, and I was slightly disappointed with it. Given that we have had two years of open policy making and a full public consultation, it was a bit of surprise to hear that the Labour Front-Bench team was not involved.

The hon. Member for Newcastle upon Tyne Central (Chi Onwurah) was wrong about the Communications Act 2003 when she said that measures build on Labour’s Act and that it was a pity that no progress has been made since 2003. Actually, this Bill builds on the Telecommunications Act 1984. The hon. Lady was also a bit muddled over the BBC. When she argued for more BBC spending power, I was not sure whether she wanted the licence fee to be put up. I think that making costs for phone masts lower is an important part of rolling out the infrastructure to make sure that we get as much coverage for 5G and 4G as possible. We can take up all these points in Committee.

Matt Hancock Portrait Matt Hancock
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We can take up some of them now.

Chi Onwurah Portrait Chi Onwurah
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I shall try not to match the number of interruptions that the Minister made during my opening speech. Given that he referenced me directly, however, let me say that the Communications Act 2003 revised the electronic communications code. I know because I used to work with it beside me at Ofcom. I shall try not to be shrill in pointing out to him that if he is seriously asserting that he has fully consulted the public on data sharing, I shall hold him to that in the responses that he will see coming to the policies that he is putting forward to extend data sharing in ways that the public do not yet understand and will not like when they do fully understand the way in which their personal data will be shared.

Matt Hancock Portrait Matt Hancock
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The data-sharing elements of the Bill are designed to improve public services, to make sure that we can tackle fraud and to have better statistics in this country. I think the public will broadly support the aim, for instance, to better target support for those who have difficulty paying for their energy costs. I look forward to taking this debate on further.

Finally, let me touch a little more on the support for victims of online abuse and the question of the link to it.

Chris Bryant Portrait Chris Bryant
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Several Members referred to when the draft charter for the BBC will be published. I hope that this Minister will be able to say, as former Ministers were suggesting from sedentary positions—and are now with prim faces—when this might be. Will it be tomorrow or the day after? Will the Minister also guarantee that there will be a debate here and in the House of Lords before the charter is implemented?

Matt Hancock Portrait Matt Hancock
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The hon. Gentleman tempts me on the BBC charter. I can tell him that it will be published shortly, and that there will be a debate in both Houses to take note of it, which is the normal process.

Lord Vaizey of Didcot Portrait Mr Vaizey
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Talking of publishing documents, I wonder whether, given the brilliance of the Bill and the forthcoming charter, my right hon. Friend could also illuminate the House on whether he plans to publish a fantastic digital strategy showing how the United Kingdom can thrive by investing in its hugely successful technology industries.

Matt Hancock Portrait Matt Hancock
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The Government as a whole are an enthusiast for industrial strategy, and digital must underpin the industrial strategy. As the digital Minister, I am a great enthusiast for digital strategy, and I pay tribute to the work that my predecessor did and the service that he gave. He did an enormous amount of work in both the cultural and the digital spheres to ensure that the United Kingdom was at the forefront of digital nations; indeed, I would say that all his work contributed to a strategy. He said that he wanted, in future, to use Broadband Delivery UK as a taskforce to go around the country improving the delivery of broadband. It was almost as though he was looking for a job.

Lord Vaizey of Didcot Portrait Mr Vaizey
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While we are on the subject of how hard I worked as a Minister, let me point out that I worked incredibly hard on radio. I wonder whether my right hon. Friend could illuminate me on when he will introduce the proposals for the deregulation of radio on which I worked so hard.

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Matt Hancock Portrait Matt Hancock
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I know that my right hon. Friend and the hon. Member for Newcastle upon Tyne Central are good friends and admirers of each other, so I will say likewise that any proposals on radio will come forward shortly.

Overall, the Bill has been well received. It drives Britain forward in the right direction. It gives us an opportunity to secure our digital future, to secure the infrastructure and connectivity that we all know we need, to improve public services through better use of data, and to secure protections for citizens in a digital world. I commend it to the House.

Question put and agreed to.

Bill accordingly read a Second time.

Digital Economy Bill (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Digital Economy Bill:

Committal

1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 27 October 2016.

3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

4. Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Chris Heaton-Harris.)

Question agreed to.

Digital Economy Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Digital Economy Bill, it is expedient to authorise:

(1) the charging of fees;

(2) the imposition of financial penalties; and

(3) the payment of sums into the Consolidated Fund.—(Chris Heaton-Harris.)

Question agreed to.

Digital Economy Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Digital Economy Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred under or by virtue of the Act by a Minister of the Crown, a person holding office under Her Majesty or a government department; and

(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Chris Heaton-Harris.)

Question agreed to.