POWERS EXERCISABLE IN CONSEQUENCE OF REPORT OF MONOPOLIES AND MERGERS COMMISSION (Hansard, 25 July 1988)

§ Mr. Fisher
I beg to move amendment No. 17, in page 62, line 39, at end insert 'but such powers shall in no case be exercisable where to do so would contravene Article 9(1) of the Berne Convention (Paris Revision 1971).'.

§ Madam Deputy Speaker
With this it will be convenient to take Government amendment No. 283.

§ Mr. Fisher
Amendment 17 would amend clause 142 to reconcile it with the Berne convention. At this late hour—or early hour—I shall not weary the House with a detailed submission. The Minister and his Department have received several opinions from the BBC. I have a substantial and fat opinion from Mr. Ian Brownlie QC, another from Mr. Hugh Laddie QC, and two more from Mr. E. P. Skone James. Together they present a formidable case that I understand that the Minister has already studied in great detail. He has taken all the finer points of those legal gentlemen's opinions.
In brief, they say that clauses 142 and 97 are in conflict with the Berne convention and that, if clause 142 is enacted, it will prevent the United Kingdom from adhering to the Paris revision of Berne. I understand that the Government's view is that there is a potential conflict between Berne and the public interest. We certainly believe that that may not be the case and that the Berne convention takes account of public interest.
We are convinced by the weighty documentation that has been given to us by the BBC and counsel's opinions, and believe that the only way to reconcile the matter is to amend clause 142 in the way that the amendment provides.

§ Mr. Butcher
Amendments Nos. 17 and 283 are intended to ensure that the powers in clause 142 should not be exercised in contravention of the United Kingdom's international copyright obligations. However, Government amendment No. 283 is considerably more comprehensive in regard to the obligations to be met. Therefore, I hope that the hon. Gentleman will be willing to withdraw amendment No. 17 on the basis that our amendment is more comprehensive.

§ Mr. Fisher
I am delighted that the learned opinions have convinced the Government so comprehensively. I beg to ask leave to withdraw the amendment.