My Lords, I am very concerned to hear the contribution from the noble Lord, Lord Rooker. I certainly look forward to hearing what the Minister says in reply. I confess that I was not aware of the Delegated Powers and Regulatory Powers Committee’s report to which he referred, and I wish to make myself familiar with it. I hope that he gets a suitable response from the Minister when he comes to wind up.
I am very grateful to the Minister for the amendments he tabled to Clause 44—Amendments 1 and 2. As he said, they ensure that there is transparency in the way that the Secretary of State exercises her power to issue a direction to Ofcom over its codes of practice. I remind the House—I will not detain your Lordships for very long—that the Communications and Digital Select Committee, which I have the privilege to chair, was concerned with the original Clause 39 for three main reasons: first, as it stood, the Bill handed the Secretary of State unprecedented powers to direct the regulator on pretty much anything; secondly, those directions could be made without Parliament knowing; and, thirdly, the process of direction could involve a form of ping-pong between government and regulator that could go on indefinitely.
However, over the course of the Bill’s passage, and as a result of our debates, I am pleased to say that, taken as a package, the various amendments tabled by the Government—not just today but at earlier stages, including on Report—mean that our concerns have been met. The areas where the Secretary of State can
issue a direction now follow the precedent set by the Communications Act 2003, and the test for issuing them is much higher. As of today, via these amendments, the directions must be published and laid before Parliament. That is critical and is what we asked for on Report. Also, via these amendments, if the Secretary of State has good reason not to publish—namely, if it could present a risk to national security—she will still be required to inform Parliament that the direction has been made and of the reasons for not publishing. Once the code is finalised and laid before Parliament for approval, Ofcom must publish what has changed as a result of the directions. I would have liked to have seen a further amendment limiting the number of exchanges, so that there is no danger of infinite ping-pong between government and regulator, but I am satisfied that, taken together, these amendments make the likelihood of that much lower, and the transparency we have achieved means that Parliament can intervene.
Finally, at the moment, the platforms and social media companies have a huge amount of unaccountable power. As I have said many times, for me, the Bill is about ensuring greater accountability to the public, but that cannot be achieved by simply shifting power from the platforms to a regulator. Proper accountability to the public means ensuring a proper balance of power between the corporations, the regulator, government and Parliament. The changes we have made to the Bill ensure the balance is now much better between government and the regulator. Where I still think we have work to do is on parliamentary oversight of the regulator, in which so much power is being invested. Parliamentary oversight is not a matter for legislation, but it is something we will need to return to. In the meantime, I once again thank the Minister and his officials for their engagement and for the amendments that have been made.