§ Mr. Lawrence Cunliffe (Leigh)I beg to move amendment No. 302, in page 50, line 17, at end insert—
'(5) ln the event that a proposed licensing scheme relates to the grant of copyright licences in any class of case in respect of which copyright licences have not previously been granted, then the operator of the proposed licensing scheme shall refer the proposed licensing scheme to the Copyright Tribunal and shall not seek to apply or implement any such proposed licensing scheme until the proceedings on the reference thereof are concluded.
- (6)(a) In the event that the provisions of a proposed licensing scheme would constitute a variation or replacement of an existing licensing scheme then the operator of the proposed licensing scheme shall refer the proposed licensing scheme to the Copyright Tribunal and shall not seek to apply or implement any such proceedings on the reference thereof are concluded.
- (b) Until the proceedings on the reference of any such proposed licensing scheme to the Tribunal have been concluded any such existing licensing scheme which would be varied, replaced or otherwise affected by the proposed licensing scheme shall remain in force.'
§ Madam Deputy Speaker (Miss Betty Boothroyd)With this it will be convenient to take amendment No. 303, in clause 117, page 50, line 18, after '(1)', insert
'Without prejudice to the provisions of section 116(5) and (6).'.
§ Mr. CunliffeI shall say only a few brief words on amendment No. 302 and reserve amendment No. 303 on commitment to the Minister. I understand that the Minister has some sympathy with this matter, and that he will lend support to this moderate measure which is clearly designed to assist political and charitable working men's clubs for ex-service men and others dedicated to non-profit-making principles.
I declare an interest in an association with some 6 million male and 4 million women members under the aegis of several associations. Obviously, we are concerned about various issues, including VAT on bingo and gaming machines, and the new Sunday licensing laws that discriminate against non-profit-making clubs. With great respect to the Government and the Minister, we hope that he will acknowledge that our interest is genuine and sincere and that, ultimately, there is a great deal of British social interest in the society that we cater for in the organisations that I have described. I commend to the Minister's discretion amendments Nos. 302 and 303.
§ Mr. ButcherWhat I am about to say is not a symptom of being demob-happy, but a symptom of a late reading of the amendment tabled by the hon. Member for Leigh (Mr. Cunliffe). I thank him for the way in which he moved the amendment, with the support of my hon. Friends who have spoken to me about it.
We are in a rather unorthodox position, in that I am fairly sure that the first two thirds of the hon. Gentleman's amendment—subsections (5) and (6)—are probably defective. However, what he wishes to deliver—I believe on an all-party basis—is what is contained in subsection 6(b). On that basis we knowingly accept the defective amendment in the knowledge that we need to consult without commitment on paragraph (b) and what it implies. I can give the hon. Gentleman the undertaking that amendment No. 302 will be sent to another place, which will be charged with a drafting requirement, subject to prior consultations with the other interested parties.
I hope thatHansard will accurately convey what I am trying to say to the hon. Gentleman. I think that he understands the gist of it. I thank the clubs that have made representations on an all-party basis and I thank the hon. Gentleman for bringing this to our attention. It was rather late in the day and, on the consideration I have been able to give at this late stage, I hope that what I have suggested will satisfy him.
§ Mr. Greg Knight (Derby, North)I hope and believe that the non-profit-making clubs organisations will welcome wholeheartedly the undertaking that my hon. Friend the Minister has given to the House. I hope, in the same spirit, that Opposition Members will agree that the House can accept amendment No. 302 without a Division and that the hon. Member for Leigh (Mr. Cunliffe) will not press amendment No. 303.
§ Mr. BlairWe are grateful to the Minister for the indication he has given. We all recognise the tremendous importance of the clubs and the contribution they make to British society. We accept that there may be drafting difficulties, but I am sure that they can be ironed out at a later stage. The important thing is that the principle is 194 accepted and I know that my hon. Friend the Member for Leigh (Mr. Cunliffe) will be grateful to the Minister for that.
§ Amendment agreed to.