Public Service Broadcasting (Communications and Digital Committee Report)

Lord Bassam of Brighton Excerpts

Thursday 27th May 2021 Lords Chamber

[Lord Bassam of Brighton (Lab) [V]]

My Lords, before I get into the subject matter, I too would like to join my good friend the noble Lord, Lord McNally, in congratulating my noble friend Lady Merron and welcoming her to our Front Bench. As she demonstrated today, she will add greatly to its talent with her thoughtful and reflective comments and observations. I also pay tribute to my late noble friend Jimmy Gordon who, as a member of the committee, I am sure made many fine contributions and had great knowledge and experience of the media world.

The Communications and Digital Select Committee, led by the noble Lord, Lord Gilbert, has rendered the House a great service in delivering this report on public service broadcasting. The stellar cast of contributors responding to it today has amply demonstrated its value. The timing of today’s debate—as others have noted —could not have been better, as it has stimulated a thoughtful debate on the media’s role in its current form. The downside, of course, has been that the report itself has been so delayed.

The noble Lord made a passionate and persuasive case for public service broadcasting in an ever-changing media environment, challenging the Government to play their role in ensuring it has an active place in a mature democracy. The noble Lord’s questions themselves to the Minister today would provide ample material for a further debate.

Recent events, not only the Bashir findings from Lord Dyson but also the launch of Times Radio, GB News and so on, will be cited by some as evidence that the role of public service broadcasting is diminished and therefore that it should receive less funding. The opposite is actually true; we need to retain a strong offering from public service broadcasters to keep other platforms honest and ensure access to a plurality of views and a range of quality content.

One area where the Government disagree with the committee is on the list of free-to-air sporting events. The Government were quick to oppose the European super league proposals—and quite rightly; we agreed wholeheartedly with that. But there is concern across many sports that a lack of availability on free-to-air diminishes public enthusiasm. It is positive that the Football Association Cup rights held by BT are going back to ITV, and the buzz around the return of test cricket to Channel 4 demonstrates that the Government should look again at listed items.

The report rightly identifies the positives that public service broadcasting investment has in supporting the creative sector, which has had a tough time over the last 14 months. Investment from Netflix et cetera is also important, but it is not a zero-sum game. We want a range of quality programming across different platforms, as that will enhance the UK’s global reputation. Netflix itself acknowledge this, saying that a strong BBC is in everyone’s interest.

I am glad to see that the Government are committed to working with employers to make a success of apprenticeships. They need to look again at how the apprenticeship levy works, as the model envisaged under the system does not align with the short-term placements you often see in the creative industries and broadcast sector. Government also should have done more to support creatives during the pandemic, rather than excluding many, particularly freelancers, from help—not least because they are all part of the media ecosystem, working in PSBs and streaming services alike.

On questions such as how to engage young people and reverse the decline in viewing figures for public service broadcast channels, it is clear that finding solutions will take time. The decision to make BBC Three online only may not have been the right one, but that experiment has at least provided additional insight and data to help inform future decision-making.

I take the view that there will always be a place for public service broadcasting, but that the role it performs will have to change over time—as it has continuously in the past. Public service broadcasting provides a platform. It should concentrate on quality. It should provide a benchmark for integrity and honesty and be prepared to be fearless. But I did agree with the noble Lord, Lord Gilbert, when he said that public service broadcasters need to take more creative risks. In modern times that might seem like a tall order and, while it might irritate and annoy from time to time, if it fulfils that brief it will be doing its job.

It is clear that the public value public service broadcasting and, so long as it has public support, it is a model worthy of political support. The noble Lord, Lord Gilbert, has made the case for public service broadcasting and the last year has, as many noble Lords have said this afternoon, demonstrated its enduring value as a trusted source of information and news in an era of fake news. We would be wise to reflect on that before any opportunistic moves are made to disturb our current media landscape. In particular, the Government would do well to take the broader view expressed today by the noble Lord, Lord Vaizey, on the future of the BBC as a key element of the public service platform.

Dormant Assets Bill [HL]

Lord Bassam of Brighton Excerpts

2nd reading
Wednesday 26th May 2021 Lords Chamber

[Lord Bassam of Brighton (Lab) [V]]

My Lords, first, I start by drawing the House’s attention to my interests as set out in the register. I work as a director for the charity Business in the Community. I am also a trustee on a number of charitable boards that may potentially benefit from funds disbursed from dormant accounts.

Secondly, I thank the Minister for the way in which she introduced the Bill: with care and not a little passion. We truly have a Minister who understands the value of the NGO and charitable sector and draws richly from her own personal experience.

Next, I congratulate the noble Baroness, Lady Fleet, on her maiden speech, which reminded us all of the rich experience that Members bring to this House—in the particular case of the noble Baroness, her championing of the arts with passion and enthusiasm. I must say I liked her call for levelling up in musical education. It only made me wish that my younger, tuneless self had been musically levelled up.

Before I turn to the detail of the Bill, I think that this an opportunity to give our thanks to the thousands of charities and community groups across the country for their amazing work during the Covid pandemic. Much of this has been done in the face of severe financial constraints—as the noble Lord, Lord Bellingham, made clear—and in the face of unprecedented public health restrictions. They have persevered and found creative ways to continue running vital services and supporting local communities. We should express our gratitude to those involved, just as we have saluted the heroic efforts of the National Health Service and our key workers.

As we have heard, the dormant assets scheme was established under the last Labour Government in a moment of cross-party support. Recognition of the crucial role played by civil society and the importance of properly supporting those organisations that do so much to help people and communities across the UK is at its root. We are proud that, to date, hundreds of millions of pounds have been unlocked and passed to good causes. For some charities, extra funding has given a greater sense of financial security, providing greater freedom to focus on service delivery. For others, it has meant expansion either in reach or in the range of services provided.

When designing the original scheme and the list of assets included in it, reunification was a key consideration. If somebody has a rightful claim to assets that become dormant, of course every effort should be made to ensure that the money returns to its rightful owner. If that is not possible, there is a clear moral justification for putting it to good use elsewhere. It may be a simple principle, but we welcome that it remains untouched in this Bill.

On a slightly different note, I was taken by the comments on reunification and reserve rates made by the noble Baronesses, Lady Bowles, Lady Noakes and Lady Kramer. This suggested overprovision, and I ask whether the Minister can explain why.

While we welcome the introduction of the Bill, can the Minister shed any light on its timing? The post-implementation review of the 2008 Act was published in 2014, and the Dormant Assets Commission published its recommendations in early 2017. While we appreciate the need to consult widely and consider civil society finance in the broader political and economic context, we have had to travel an extraordinarily long road to find ourselves here today. Why? Is it, for example, because departmental resource has been focused on other matters, such as preparing for Brexit, perhaps?

It is an interesting time to discuss funding for good causes. Despite some support from the Government, whether through grants or the furlough scheme, the past 14 months have been incredibly tough for the charitable sector, as I said earlier. For many, coronavirus support grants were slow to arrive and insufficient to allow business to continue as usual. While the economy may be gradually reopening, it is important for a degree of government support to remain in place until the charity sector’s ecosystem is fully rebooted.

We must be thankful that, despite the challenges of the past year, fundraising has not ground to a complete halt. Many charities have been creative in hosting virtual events or promoting individual sporting challenges, in the absence of occasions such as the London Marathon. Nevertheless, money has been tight and, despite the characteristic generosity of the British public, with so many people furloughed or losing their jobs as a result of Covid-19, charity income has taken a big hit, just as many organisations have experienced a surge in demand.

On the Labour side, we very much support the Government’s intention to unlock further funds through the measures in this legislation, but we must consider the Bill in context, as I have outlined. Earlier this year, for example, the Chancellor unveiled spending plans reminiscent of the coalition Government’s austerity years. With this in mind, can the Government assure us that the new money derived from the dormant assets listed in the Bill will be in addition to other forms of public support for charities, rather than being used as a rationale to scale back other initiatives?

While we support the thrust of the legislation, can the Minister provide a rationale for the decision to exclude some of the asset classes recommended for inclusion by previous consultations and industry champions? On pensions, for example, the justification seems to be that we need time to take stock of the introduction of pensions dashboards. How long does the Minister believe is needed to assess the changing pensions landscape? If conditions are favourable, is this an area where the Government may wish to utilise the powers in Clause 19?

The dormant assets eligible for this scheme are generally financial products. What consideration are the Government giving to including other asset types? Does the Minister see, for example, a case for including the proceeds from government land disposals? Similarly, is there scope to pass some of the proceeds of crime confiscated under other legislation to community groups, in recognition of the harm that crime has on the area in which it is committed? I am particularly interested to hear the Minister’s response to the bid from the noble Lord, Lord Vaizey, to bring the National Fund into scope and, similarly, to the case made by the noble Baroness, Lady Noakes, for NS&I unclaimed assets and, by the noble Lord, Lord Hodgson, for unclaimed dividends.

These questions lead us to a more fundamental debate: should funds continue to be disbursed by the National Lottery Community Fund, as they have been since the inception of the scheme? Is it time, as others have suggested, to look at alternative models? The Minister is no doubt aware of proposals drawn up by civil society organisations for what they call a community wealth fund, which invests in left-behind areas. A number of Peers, notably the noble Baronesses, Lady Lister and Lady Eaton, refer to the proposition, as did others across the House. What is the Minister’s response to that, given that it is consistent with the Government’s stated aim of levelling up, which the Minister drew attention to in her opening speech?

During the passage of the Bill, we intend to probe the operation of Clause 27 to gain a better understanding of what oversight the Treasury and Parliament have of Reclaim Funds Ltd’s finances and operations. We will also seek to amend proposed new Section 18A, which is inserted into the 2008 Act by Clause 29. The consultation requirements included in the draft appear inadequate and we would therefore welcome the opportunity to discuss this with the Minister and her officials in due course. The case for a broader consultation was well made by my noble friend Lady Lister.

As I said at the outset, we welcome this Bill as it builds on the scheme which Labour launched back in 2008. We think there are some missed opportunities in this new, additional proposal. We hope the Government will recognise this, and we commit to probing the opportunities the Bill could unlock and to constructive engagement throughout the Bill’s passage through both Houses. As the noble Lord, Lord Hodgson, observed, we, as the Opposition, have good intentions in examining the Bill, not least because the Bill has good intentions behind it. We will be its critical but supportive friend, seeking to improve its content and impact.

Digital Identification Protocol

Lord Bassam of Brighton Excerpts

Thursday 20th May 2021 Lords Chamber

[Baroness Barran (Con)]

The noble Baroness will know that issues around anonymity on social media are extremely complex. She rightly raises instances where anonymity is abused, but we also know that some people use anonymity and pseudonyms for their own protection. I will take her remarks back to the department.

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I congratulate the noble Lord, Lord Holmes of Richmond, on pursuing this issue so doggedly, and I challenge the Minister’s assertion that the Government are moving at pace on this. But it is crucial that our economy and public services move with the times. Bodies such as the Financial Action Task Force acknowledge the existence of risks if digital ID is not properly implemented. So how do the Government intend to strike the right balance between risk and reward in this important area?

[Baroness Barran (Con)]

The noble Lord raises an important question. It will be through the transparency that I mentioned earlier, with the publication of the trust framework alpha and a second iteration, a beta version, which will be tested before going live.

Music Festivals: Covid-19-related Cancellations

Lord Bassam of Brighton Excerpts

Tuesday 27th April 2021 Lords Chamber

[Baroness Barran (Con)]

We are not squirming and we are not hesitating. We are progressing as fast as we can, but the noble Lord would be the first to criticise the Government if we opened too early and the public health crisis re-emerged.

[Lord Bassam of Brighton (Lab) [V]]

My Lords, the Minister is of course right that we should be continually guided by data, but slippage in the Government’s Covid road map will have a significant effect and impact this summer on staging music and other cultural festivals as well as large-scale sporting events, such as July’s British Grand Prix at Silverstone. I remind the Minister that the Chancellor said that when it came to economic support he would do whatever it takes, so why are the Government dragging their feet on matters such as insurance, leaving promoters and fans alike in limbo and unable to plan ahead?

[Baroness Barran (Con)]

I can only repeat that the Government are not dragging their feet. We have research pilots running in April and May that include an outdoor music festival in Sefton, and these will feed into decisions on step 4 of the road map in June. The evidence that we are gathering is aligned with the dates for the road map, but we cannot anticipate what that evidence will show.

Creative Industries: Covid-19

Lord Bassam of Brighton Excerpts

Monday 26th April 2021 Lords Chamber

[Baroness Barran (Con)]

I agree with the noble Viscount that freelancers are a critical part of our creative industries and that we should explore many ways of ensuring their success in future. That is why we recently extended the pan-economy self-employment income support scheme with individuals now able to qualify for grants based on their 2019-29 tax return, meaning that more than 600,000 self-employed individuals will be newly eligible for the scheme.

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I draw attention to my interests in the register, which include my membership of two trusts involved in cultural activities. In many of our most deprived communities, the cultural industries have taken a severe hit. Given that they are closely aligned with the hospitality sector, what plans do the Government have to develop a national plan to help the hard-pressed cultural sector recover as we emerge from lockdown? Can the Minister say some more about the support the Government are likely to give to freelancers, who have been frozen out of many of the schemes supporting workers in the cultural sector?

[Baroness Barran (Con)]

I just commented on the expansion of the scheme, which we think will include many new freelancers who are self-employed. The Government share the noble Lord’s concerns about support for our deprived communities and see cultural assets as critical in their revival. That is why more than two-thirds of the Culture Recovery Fund has been spent outside London and why we have a major series of funds, including the levelling-up fund, the community renewal fund and, in future, the shared prosperity fund, all of which have a creative industries strand within them.

Gambling: Early Mortality

Lord Bassam of Brighton Excerpts

Tuesday 20th April 2021 Lords Chamber

[Baroness Barran (Con)]

I am not aware of specific plans such as those the noble Lord suggests, but I can reassure the House that co-operation between departments on this important matter is strong and effective.

[Lord Bassam of Brighton (Lab) [V]]

Does the Minister agree with the comment of the Lancet Public Health last January, that:

“Gambling disorders often remain undiagnosed and untreated”,


and its call for a scientific inquiry into this

“urgent, neglected, understudied, and worsening public health predicament”?

If not, how would she describe it? Are the Government, as part of their review of gambling, considering the practicalities of a statutory duty of care for gambling companies, similar to the one we expect to be in the online safety Bill?

[Baroness Barran (Con)]

The noble Lord raises an interesting point. It is significant, in relation to disorders such as gambling problems remaining hidden, that the Gambling Commission has recently appointed a panel of individuals with lived experience to advise it formally on player safety. We hope this means that currently hidden issues will become more visible, and we will be able to address them.

Football: European Super League

Lord Bassam of Brighton Excerpts

Tuesday 20th April 2021 Lords Chamber

[Baroness Barran (Con)]

My noble friend raises an interesting point. We have been clear that the football authorities are best placed to push back on these proposals in the first instance—they have our backing—but that nothing is off the table if they fail to do so.

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I thought Gary Neville spoke for millions of us football fans at the weekend when he condemned the Super League proposals. Can the Minister set out the sort of legal measures the Government are prepared to deploy in order to protect the competition laws that govern the current fair access system on which the football pyramid has long been built? When will the Secretary of State set out the terms for the fan-led review announced yesterday, when will it start and how will it seek to draw on the fan anger rightly directed at this football-destroying proposition?

[Baroness Barran (Con)]

With regard to the fan-led review, we will be releasing the full terms of reference imminently. In relation to the noble Lord’s question about what the Government can practically do to prevent this, we are looking at everything from governance reform, as I mentioned, to competition law and all the mechanisms which allow football to take place. We have been in close contact with colleagues from BEIS and the Competition and Markets Authority, who are examining whether this would contravene competition law.

Audiovisual Media Services (Amendment) Regulations 2021

Lord Bassam of Brighton Excerpts

Tuesday 13th April 2021 Grand Committee

[Lord Bassam of Brighton (Lab) [V]]

My Lords, the noble Lord, Lord Clement-Jones, is right to say that this afternoon’s discussion is something of a dry run. If that is the case, there will be anxious people around the world concerned to know exactly what we are going to get in the online harms Bill, when it is forthcoming.

In a previous debate, I raised the question of how we would regulate the big players such as YouTube when they are established elsewhere if they are regulated entirely by the EU and outside our jurisdiction. That question has cropped up again today. I welcome the fact that colleagues across the House have begun asking the Government more about that issue, because it is a very important one. I look forward to the Minister’s response on that.

Noble Lords have said this afternoon in no uncertain terms that they find the current situation highly unsatisfactory. Reference was made to resources by the noble Baroness, Lady Wheatcroft, while the noble Baroness, Lady McIntosh, asked about jurisdiction. The noble Lord, Lord Kirkhope, was clearly concerned to ensure that we have the online harms Bill brought forward sooner rather than later. While the noble Lord, Lord McNally, was happy to see detailed consultation carried out, I think that he also would like to see some of that during the pre-legislative process, so we can all understand how the legislation will work.

I, like the noble Lord, Lord Holmes, want—[Inaudible]—online regulation, and that is the view of my party. So while the changes made by this statutory instrument were not felt to be day-one critical, it was always inevitable that they would have to be made to ensure that Ofcom’s powers and duties reflect the new informal relationship between the UK and the EU and EEA regulators, and the fact that the UK no longer needs to notify the European Commission of certain changes.

As noted by the Secondary Legislation Scrutiny Committee, however, there was a recommendation for this instrument to be upgraded from the negative procedure to the affirmative. We welcome the fact that the Government accepted this recommendation, but the fact remains that there is too little information on the proposed timetable for the online safety Bill for us to be entirely reassured. I hope that the Minister will address those concerns and perhaps give us a timetable for pre-legislative scrutiny and the final introduction of the Bill. Can she do that this afternoon? We need to have some certainty. Does the Minister also accept that the current regulatory vacuum, where significant video-sharing platforms operate but are entirely outside our jurisdiction, rather undermines the Government’s commitment to protect users?

We welcome the Government’s plan to introduce a duty of care on online service providers, but while legislation exists only in draft form this does nothing to keep users, particularly younger ones, safe at present, despite various voluntary initiatives. We continue to see worrying cases of users encountering harmful and inaccurate content online.

Paragraph 2.13 of the Explanatory Memorandum notes:

“Guidance issued by the European Commission will continue to have relevance in the UK should it be updated.”


This makes sense, but it could be argued that this approach is inconsistent with the handling of similar guidance in some other policy areas. What was the rationale for this specific decision? DCMS says that the new ambulatory reference will fall away if the EU opts to adopt an entirely new definition or guidance. Can the Minister put on record her understanding of the current regime and the level of regard UK bodies should have for it in the light of this statutory instrument? What future changes to the EU guidance would DCMS consider inappropriate in the UK context?

Paragraph 2.15 of the Explanatory Memorandum says that the Government are giving Ofcom statutory powers to co-operate with EU and EEA regulators in part because

“it is hoped it will incentivise other regulators to co-operate with Ofcom.”

What has this co-operation been like during the first three months of the new relationship? Does the Minister accept that we have become dependent on the good will of others, something that we are increasingly needing to rely on in our new relationship with the EU? I look forward to hearing the Minister’s responses to this and the other important points raised from across the Committee today.

Social Media: Offensive Material

Lord Bassam of Brighton Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Baroness Barran (Con)]

My noble friend is quite right and the framework will aim to protect all users, particularly children and vulnerable users. As for hitting the pocket, she may be aware that the maximum fine that can be levied in future will be 10% of global turnover.

[Lord Bassam of Brighton (Lab) [V]]

Footballers, women sports commentators and public figures generally receive daily racist, homophobic, misogynist vile abuse and personal threats inciting hatred and physical attacks. The Minister has promised that the Government will act against this in the online harms legislation. Players and commentators alike have acted against abuse but they need support. When will the Government bring forward their Bill; are they waiting for the Law Commission; what will its scope be in tackling abuse; will its codes be voluntary or statutory; what powers will Ofcom have to act; and will the Bill contain measures removing the anonymity of abusers, difficult though that may be, who post abusive material?

British Library Board (Power to Borrow) Bill

Lord Bassam of Brighton Excerpts

2nd reading
Friday 19th March 2021 Lords Chamber

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I declare my interests as a trustee of Brighton’s wonderful Royal Pavilion and Museums Trust, which now runs our museums and the Royal Pavilion service, and as a co-chair of the People’s History Museum in Manchester, which houses an important national collection. I congratulate the noble Lord, Lord Vaizey, on his tour de force of British Library statistics in the form of facts, figures and general info. It was a wonderful introduction to this very uncontroversial Bill.

It has taken just under a year for the Bill to clear its Commons stages and make it to your Lordships’ House today, so I would guess that the journey to further financial freedoms and the ability to borrow has been stretched out. But given the long history of progress towards this point, from the original Act in 1972, I suppose we should be pleased at that. We hope that our considerations will be swifter, allowing the change the Bill proposes on to the statute book before the end of the Session.

This is a short but important Bill. As other colleagues have noted, it implements a key recommendation of the Mendoza review of national museums: to bring the rights of the British Library into line with the 15 DCMS-sponsored national museums, and to enable it to borrow money both privately and from the Government. The British Library, as we have heard from all the speakers in the debate, is a proud British institution with bases in London and in Boston Spa, in Yorkshire. We also of course support the development that is to take place in Leeds, creating a big northern presence and contributing towards the levelling-up agenda.

As well as allowing access to books and reading rooms, the British Library hosts a range of exhibitions, runs school visits and has a large outreach programme, all of which we support. While many people think of the British Library as being London-centric, as the noble Lord, Lord Vaizey, commented, its Boston Spa site hosts some 70% of the entire collection, as well as offering public reading room facilities. It also supports around 600 local jobs, which has no small economic impact. The institution undertakes important partnership work with libraries across the UK, as well as working internationally. As an exemplar of soft power, I can think of nothing better. Also, with its range of digitalisation and preservation of professional exchange initiatives, it leads in its field. After a year of the Covid-19 pandemic limiting its earning potential, the ambition to expand further and the ability to access funds from other sources are arguably more important than ever.

I share some of the concerns raised by the noble Lord, Lord Eatwell, about the potential corrupting impact of it being taken further into the commercial world of borrowing, but my and my party’s primary concern is that we did not receive an assurance from the Minister in another place that the British Library’s ability to borrow money will not become a justification for the Government reducing grant funding further. I hope that the Minister can reassure us on that point. With that, I give this Bill our party’s blessing.