Do MP's Make the Law?

Written by Vincent Cable MP and published in In Business on Thu 1st Aug 2002

Vincent Cable MP Outside Buckingham Palace with a Copy of his Bill

MP's are supposed to make the law, right? Well, generally, no. Ministers set the framework for legislation and their civil servants have the job of turning words into practical measures, which, some years later, turn up on the statute book.

One of the few exceptions to this rule is the Private Members Bill process through which each year twenty lucky backbenchers - chosen by ballot -get the opportunity to introduce a bill of their own.

So, having been drawn tenth in the ballot, you will understand I thought long and hard about which cause to adopt for my bill, in fact I even consulted my own constituents, as it is they I represent. I wanted a bill with Government backing to give it the best chance of becoming law and one which reflected my Party brief as Shadow Secretary of State for Trade and Industry. But, I wanted a bill that was relevant to ordinary people and would make a difference for the better.

That's why I chose the Copyright etc and Trade Marks (Offences and Enforcement) Bill.

All of us can be tempted by a bargain: a cheap video, a branded toy, an apparently luxury watch, or aftershave, at a knock down price. We know it's probably a fake or a rip off, but what does it matter? Nobody actually gets hurt.

At least that's what I thought. But the more I looked at the counterfeiting and piracy trade the more I realised that this supposedly victimless crime was in fact hurting lots of people.

We all appreciate the disappointment that comes when the 'luxury watch' stops within days, or the Lawrence of Arabia video seems to include a permanent snowstorm. We understood the risk we were taking when we brought it, although it's a bit harder to explain when the 'bargain' was a gift for child.

My disappointment turned to serious concern, however, when I realised how many fake and counterfeit goods were downright dangerous. Since I took up my bill I have seen football shirts, which go up in flames at the hint of a spark. I have seen vodka bottles containing pure ethanol and perfumes made out of urine, yes urine!

As the video industry knows too well, at every car boot sale the pirated videos on sale are not only frequently of poor quality, but they also often include illegal films and hardcore pornography, even sold under children's titles.

And that's perhaps the most invidious thing about counterfeiting and piracy: that organised crime has realised that it's a high margin, low risk way of funding so many other activities - from drugs and prostitution, to even gun-running and terrorism.

It is also, simply, theft. A total of £10 billion is stolen every year from manufacturers, creative artists, software designers and many others. A total of £2.5 billion is taken from the Treasury in avoided taxes - which could pay for a lot of nurses and teachers.

So when we think of counterfeiting and piracy as victimless crimes, we should think again. That is why my bill seeks to increase the maximum penalties for copyright theft from 2 to 10 years and also includes measures to make it easier to secure convictions and confiscate fake goods. What has been happening until now is that if the authorities could assemble a case against Mr. big he would get 2 years, maximum, which became one in remission. The risks for the criminal are small. The bill is designed to break the link between counterfeiting, piracy and organised crime, and thus to protect consumers from unknowingly paying into the coffers of criminals.

I believe it is a good bill, an important bill and I appreciate and admire the hard work and support of the Alliance against Counterfeiting and Piracy and, in particular, that of Lavinia Carey - the Alliance's chair and the BVA's Director General, who brought the bill to my attention in the first place.

I am delighted to have been given this opportunity to help and I hope now - with the end in sight - we will soon be able to take a major step forward in the fight against counterfeiting and piracy. The Bill received Royal Assent on the 24th July and will become law in the Autumn.