I welcome the Opposition Front Benchers’ support for the two Government amendments in this group. I want to reiterate the value of intellectual property, which is underpinned by our copyright regime, to the UK economy not only in the past but, I imagine, increasingly in the future. A strong IP regime is vital to the creative industries, in which we thrive and are hugely successfully. Ensuring that that regime is right and strong is a crucial part of having a strong economic future. The Digital Economy Act 2010, which strengthened many areas of law, and the extension of the length of copyright in music indicate the Government’s commitment to a strong and supportive intellectual property regime.
I will go through the points that Members have made. It is simply not correct to suggest that these proposals have not been widely consulted on. Indeed, they are based on recommendations in the Hargreaves review, which itself drew on extensive evidence. The response to that review was followed by a formal consultation, which received almost 500 written responses. There has been extensive work with interested parties following that. I reiterate the Government’s willingness to engage
with stakeholders including Members, many of whom have a long-standing interest in the subject. Members throughout the House share not just birthdays but interests, and their engagement must and will continue.
The Government will announce their policy intent with regard to the exceptions recommended in Hargreaves this autumn. Exceptions can be introduced, extended and updated using the existing provisions of section 2(2) of the European Communities Act 1972. The proposed way forward represents no change to how exceptions can be introduced and updated under the existing provisions. The problem is that the criminal penalties available in statute brought in under that Act carry a maximum penalty of two years’ imprisonment. In the case of many of the offences that we are discussing, penalties are longer than two years and can be up to 10 years. It is in the interest of those who want to ensure that their copyrights are protected to make sure that criminal penalties are that high. We do not want to have to bring them down to two years, in order to use the 1972 Act. Clause 57 is not needed to implement Hargreaves, but it allows us to do so in a way consistent with the existing, stronger criminal penalties, which I know the industry and many stakeholders support. Having received that reassurance, the British Copyright Council, UK Music, the Publishers Association and the Premier League are happy to support the Government amendments.