HL Deb 09 April 1963 vol 248 cc920-1

2.52 p.m.

Read 3a (according to Order).

LORD MANCROFT moved, after Clause 3, to insert the following new clause:

Giving of consent without authority

".—(1) Where—

  1. (a) a record, cinematograph film, broadcast or transmission is made with the consent in writing of a person who, at the time of giving the consent, represented that he was authorised by the performers to give it on their behalf when to his knowledge he was not so authorised, and
  2. (b) if proceedings were brought against the person to whom the consent was given, the consent would by virtue of section 7 of the principal Act afford a defence to those proceedings,
the person giving the consent shall be guilty of an offence, and shall be liable, on summary conviction, to a fine not exceeding fifty pounds.

(2) The said section 7 shall not apply to proceedings under this section."

The noble Lord said: My Lords, on the Committee stage of this Bill the noble Lord, Lord Faringdon, moved an Amendment which was designed to make it an offence for a person knowingly to misrepresent that he was authorised to give consent to certain broadcasts and performances. I explained to your Lordships that certain remedies were open to a performer under the existing law, but I agreed with the noble Lord, Lord Faringdon, that if, after consultation with his friends, he was still not satisfied in this matter I would try to put down an Amendment myself to meet his point. That is the purpose of this Amendment. I beg to move.

Amendment moved— After Clause 3, insert the said new clause.—(Lord Mancroft.)

LORD FARINGDON

My Lords, I should like to thank the noble Lord, Lord Mancroft, for carrying out his undertaking in this admirable fashion. His Amendment is slightly different from mine. Mine, for example, would have resulted in cumulative penalties; that is to say, where more than one performer was concerned the penalty might have been exacted twice, three times, or more. There is another small difference in that now no offence will be committed unless a record or a broadcast is, in fact, made, whereas under my Amendment the actual fraudulent pretention of the person to have the right to give a consent would itself have been an offence. We are, however, extremely satisfied with this Amendment moved by the noble Lord, and I should like to thank him again for putting it forward.

On Question, Amendment agreed to.

LORD MANCROFT

My Lords, I beg to move that this Bill do now pass.

Moved, That the Bill do now pass.—(Lord Mancroft.)

On Question, Bill passed, and sent to the Commons.