Moved by
Lord Stevenson of Balmacara
110: Clause 38, page 38, line 24, leave out subsections (2) to (8) and insert—
“(2) Upon receiving the draft code of practice from OFCOM, the Secretary of State must—
(a) make a statement confirming they have received the draft code of practice, and
(b) lay the draft code of practice before Parliament.
(3) Unless the Secretary of State intends to give a direction to OFCOM under section 39(1) in relation to the draft, regulations giving effect to the code of practice may not be laid before Parliament unless the Secretary of State has—
(a) consulted each devolved authority on the content of the draft code of practice;
(b) produced an impact assessment including, but not limited to, an assessment of the impact of the proposed regulations on—
(i) human rights and equalities,
(ii) freedom of expression, and
(iii) employment and labour; and
(c) produced an assessment of the impact of the proposed regulations on children and vulnerable adults.
(4) The Secretary of State may not make regulations under this section until any select committee charged by the relevant House of Parliament with scrutinising regulations made under this section has—
(a) completed its consideration of the draft code of practice and the impact assessments referred to in subsection (3)(b) and (c), and
(b) reported on its deliberation to the relevant House; and
the report of the committee has been debated in that House, or the period of six weeks beginning on the day on which the committee reported has elapsed.
(5) The Secretary of State may not lay regulations under this section until they are satisfied that—
(a) issues raised by a devolved authority have been resolved, or
(b) if they have not been resolved, the Secretary of State has informed Parliament of the steps they intend to take in response to the issues raised.”
Member’s explanatory statement
This amendment, which replaces most of the current Clause 38, would require the Secretary of State to publish draft codes of conduct from OFCOM for consideration by relevant committees of both Houses of Parliament.