I am grateful to both noble Lords for their support and contributions. I am delighted that these technical regulations have become marginally clearer as a consequence of my describing them. I will attempt to answer the questions raised.
On the issue of racial and sexual equality, the Acts of Parliament that established offences in that area came before the 2002 directive, and existing regulations cover the position adequately at the moment. There is no major regulatory impact, I am glad to say. The transposition note simply states, in tabular form, how the regulations implement each requirement of the directive. With regard to the other matters, we hope to put this part of the Act into effect in weeks rather than months. That is the best I can do regarding that.
Could a provider based, for example, in the US or the Middle East commit an offence here? A person who commits the offence in England and Wales is liable, so if a service provider commits the offence in the course of providing their services in England and Wales they will be guilty like anyone else. The relevant material to meet the threshold of the offence would need to be threatening and intend to stir up hatred on the grounds of either religion or sexual orientation, but the regulations do not impact on non-EEA providers.
Like anyone else, Scottish service providers that commit the offence in the course of providing their services will be liable for the offence, but the offence extends only to England and Wales so Regulation 3, which extends the liability of service providers to acts committed in other European economic area states, applies only to service providers established in England and Wales.
I am grateful to both noble Lords for their contributions.
Motion agreed.
Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Monday, 1 March 2010.
It occurred during Debates on delegated legislation on Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010.
About this proceeding contribution
Reference
717 c320-1GC Session
2009-10Chamber / Committee
House of Lords Grand CommitteeSubjects
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2024-04-22 01:24:42 +0100
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