Letter to George Galloway
Dear Mr. Galloway,
I am writing to express my deep concern and alarm at the proposed Digital Economy Bill, sponsored by Lord Mandelson. That the legislation is ill-conceived, unworkable and uninformed is lamentable, but in addition the genesis of the Bill - a barely-veiled attempt by Lord Mandelson to placate his powerful friends in the media world - is a remarkable example of cronyism and corruption at the highest level of Government. So despite my links to EMI, and consequently to the BPI who are lobbying to push this Bill through, I feel compelled to register my unease.And if there is one phrase which should awaken feelings of disquiet in any of us, it is "rushed legislation" - a phrase unfortunately relevant here. Harriet Harman indicated last week that the Bill will not be given the full parliamentary scrutiny that should so clearly be applied to such a controversial set of proposals, and instead the government seeks to push the Bill through in the "wash-up" before the dissolution of Parliament. For legislation that could have a drastic effect on the privacy of individuals and on free speech; that recommends collective punishment normally only seen in the more backward schoolrooms; that is likely to destroy more jobs and lose the country more money than it short-sightedly seeks to safeguard - for all these reasons, it is imperative that the Bill be properly debated, particularly clauses 11-18 which cover 'technical measures' and court orders for website blocking.It is with dismay, almost despair, that I come to the aspect of the Bill which caused me to write this, my first letter to an MP: the proposed discretionary powers to be given to the Secretary of State. As the Human Rights Joint Committee recommends in their report on the Bill:flexibility is not an appropriate reason for defining a power which engages individual rights without adequate precision to allow for proper parliamentary scrutiny of its proportionality.The Secretary of State would effectively be able to alter future copyright law without further legislation, and would be able to determine how any new policing body is run, altering fines and terms of infringement at will. This government often talks of "the rule of law"; and I am reminded of some words in Tom Bingham's recent book on the subject:The rule of law [requires] that no discretion should be unconstrained so as to be potentially arbitrary. No discretion may be legally unfettered.Yet legally unfettered discretion is what the Bill seeks to establish. I trust and hope that you will do all you can to prevent it.Yours sincerely,Al Doyle