European Union: Visa-free Touring for Musicians

Lord Berkeley of Knighton Excerpts

Tuesday 19th January 2021 Lords Chamber

Asked by

[Lord Berkeley of Knighton]

To ask Her Majesty’s Government whether an offer was made by the European Union to the United Kingdom for visa-free touring for musicians in European Union member states; and if so, why any such offer was declined.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper; in so doing, I declare my interests as listed in the register.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

My Lords, the Government recognise the importance of the UK’s thriving cultural industries and pushed for ambitious arrangements for performers and artists to be able to work across Europe after the end of freedom of movement. During the negotiation, the EU tabled text regarding the paid activities that can be conducted without a visa. These proposals would not have addressed our sector’s concerns; they were non-binding, did not include touring or technical staff and did not address work permits. Our proposals, which the EU has admitted to rejecting, were based on the views of the music industry and would have allowed musicians to travel and perform in the UK and the EU more easily, without needing work permits.

[Lord Berkeley of Knighton (CB) [V]]

I thank the Minister for that reply. I have an email from Guy Verhofstadt which rather puts the boot on the other foot. It details how the UK put its obsession with mobility before a 90-day reciprocal offer. The noble Lord, Lord True, has made it clear that there will be no imminent revisiting of this situation. Given this, can the noble Baroness offer some glimmer of hope to musicians, who generate £5.8 billion for the UK economy? Will Oliver Dowden find financial assistance? Even if he does, how will that ameliorate the loss of cultural exchange, which is so vital to the arts?

Gambling and Lotteries

Lord Berkeley of Knighton Excerpts

Monday 14th December 2020 Lords Chamber

[Baroness Barran (Con)]

I thank my noble friend for his remarks and his leadership of the committee in your Lordships’ House. He is, of course, absolutely right that legislation is not required to change a number of things and to make gambling safer, particularly for those people, including children, who may be vulnerable.

I hope that he takes some comfort from the speed and energy with which we have acted, including during this most difficult of years, when every department, including my own, has been under tremendous pressure. He will be aware that in the last 12 months we have banned gambling on credit cards and mandated participation in the national self-exclusion scheme, GAMSTOP. We have tightened restrictions on VIP schemes, banned reverse withdrawals and mandated increased monitoring and intervention during Covid. We have no intention of slowing down with that energy.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I am glad that the Government are tackling this head on, and I have seen evidence of it. I watch a lot of sport, so I end up watching a vast amount of advertising for gambling. That is a very worrying statement because, as we have just heard, it also applies to children. I am sure that the Government want children to watch cricket, rugby or football—whatever it is—rather than spending hours glued to gaming. I have also noticed that these ads are beginning to be much more vociferous about the dangers of gambling, and it would be churlish not to acknowledge that, but it is also a sign that gambling companies are worried.

Gambling may be fun at a minor level, as the noble Lord, Lord Grade, said, but it is very big business, with huge profits engendered for gambling companies. Surely it is impossible—and I know that the Minister would agree with this—to put into financial terms the damage done to families through addiction and suicide. Should we not be restricting the amount of advertising? Will the Government try to quantify the value of advertising to sport, television and the Exchequer and attempt to set it against the damage done by addiction? As I say once again, especially when families are reduced to absolute misery and sometimes to suicide, there is no way of putting a financial price on that.

National Trust Acts

Lord Berkeley of Knighton Excerpts

Thursday 3rd December 2020 Lords Chamber

[The Deputy Speaker (Lord Brougham and Vaux) (Con)]

I remind noble Lords to keep their questions brief.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, does the Minister agree that, in order to approach equality—it is not just Black Lives Matter that is of importance—we should keep some of the small venues open; after all, we are not just a nation of mansions. I take the Minister’s initial point, but I know that the finances have meant that some of these smaller places are threatened. On Black Lives Matter, I feel completely that it is a question of presenting the facts and letting visitors decide for themselves. There should be no opinion or political aspect to that whatever.

[Baroness Barran (Con)]

On the noble Lord’s last point, the Government agree. Our position has been to retain and explain houses, statues and other artefacts that represent our history. If I understood the earlier part of his question correctly, in relation to smaller properties, my understanding is that the National Trust currently has no plans to permanently close any properties or to reduce its commitment to the houses within its care.

Legislative Reform (Renewal of Radio Licences) Order 2020

Lord Berkeley of Knighton Excerpts

Friday 27th November 2020 Lords Chamber

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I declare my interests as listed in the register. It is a pleasure to agree with both the previous speakers: the noble Baroness, Lady Altmann, and the Minister. I do not think that I could take issue with anything they said.

To me, this affirmative approval Motion seems an eminently sensible move by the DCMS. We know that there is a considerable audience for commercial radio: as many as 36 million listeners per week. Of course, the Covid-19 pandemic has meant that communication and home entertainment have acquired even more significance.

As a BBC broadcaster for many years, I welcome the scope of the market—and, indeed, making it even larger—and the offering of alternatives, which helps keep the BBC on its toes. Local and national choice can only be good for competition, and therefore enriching for the audience, but, as we have heard, there is another pressing issue that we must consider carefully: largely for topographical reasons, many areas simply do not enjoy digital coverage at all, and sometimes only variable analogue coverage as well. I ask to the Minister to confirm that we will not move to a digital spectrum until we have sorted this out.

I speak from an area here in mid-Wales, in the beautiful Welsh Marches, as a case in point. In order to speak to your Lordships today and to broadcast from here, I have had to invest in a series of booster amplifiers and advanced technology—and it is still variable. I hope that I will not offer an example of that in the next couple of minutes.

I know that the Government want to extend digital and internet coverage to everyone—I applaud that ambition—but until it is realised, we simply must retain the broader spectrum of analogue and AM signals to allow listeners access to information, which is often vital to our general well-being currently, as we have heard. To that end, we need to continue to underpin the strong growth in DAB until everyone has the same access across the country. This is not unlike the need for petrol stations until electric charging points are so plentiful that we are not disenfranchising those people in rural and remote communities, particularly, where transport and digital access are thin both on the ground and in the air.

The other important point, which was made to me by industry representatives and which the Minister also mentioned, is that, should this legislative reform order not be enacted, scores of stations currently living on a financial tightrope might fall owing to the cost of having their licences readvertised. These include prominent stations such as Classic FM—a healthy and complementary alternative to BBC Radio 3, where I hope the noble Baroness, Lady Altmann, might visit us occasionally—but also stations such as Kiss, Heart, LBC and Jazz FM, as well as many much smaller independent stations. The sector contributes to the UK economy £638 million in gross value added and more than 12,000 jobs. In addition, it offers alternative support at the local and national level to broadcasters that the BBC may not be able to retain.

I support this Motion absolutely.

Covid-19: Performing Arts

Lord Berkeley of Knighton Excerpts

Monday 13th July 2020 Lords Chamber

[Baroness Barran]

My noble friend is right to highlight the importance of bringing back our live music venues as quickly as is safe to do so. We hope that the application process for funding will be open by the end of the month and that funds will start to flow from the autumn, but there is a small amount set aside for those in short-term distress, and obviously, a number of arm’s-length bodies have already been actively distributing funds over the last few months.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I declare my interests as listed in the register. Of course, the great flagships of our cultural fleet must be protected, but surrounding the main flotilla are many small craft employing freelancers, who, as we have heard, are currently in a perilous financial situation. These smaller vessels address many of the Government’s aspirations in terms of geographic reach, diversity, education and innovation, not least in their instigating vital new work from our composers and writers. Will the Minister push for these criteria to be at the forefront of DCMS and Arts Council deliberations?

[Baroness Barran]

The department has been very clear about where our priorities lie, in protecting both nationally and internationally recognised institutions and the role of local institutions, particularly in levelling up and economic growth. Hard choices will have to be made, but both those elements are seen as vital within this package.

Arts, Culture and Heritage: Support Package

Lord Berkeley of Knighton Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Barran]

To clarify in response to the noble Baroness’s question on priorities, there are three priorities that we need to balance in deciding where this funding goes. We want to protect our nationally and internationally significant institutions but we also know that there are important institutions which are critical for our levelling- up agenda in places and communities all round the country, and we also want to prioritise those that are key drivers of economic growth. Therefore, there will be some balancing and some choices to make. On inclusivity, the noble Baroness is right that we will aim to support a diverse range of organisations; funding decisions will look at organisations’ track record of inclusivity as regards audiences and those delivering the arts.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, well done to the DCMS for getting the ball rolling. However, the sooner we can get organisations open, the sooner freelancers will be back in work. It makes no sense that you can sit in a plane but not in a hall, especially when there are many venues with open spaces and movable walls, such as Garsington, that we should be using. Finally, would the Minister look at the Music Publishers Association’s plan, in which money set aside by the Government might be used to buy those tickets that they are no longer allowed to sell, thus benefiting the venues, composers and publishers?

[Baroness Barran]

The noble Lord raises the important issue of freelancers. On the plane issue, there is a great deal of difference and a great deal more complexity in reopening a theatre, for example, than having passengers on a plane. However, we are working to try to address these issues and we are hopeful that we can move to stage 3 of our plan—namely, outdoor live performances—within a few days. We have also done a great deal already for freelancers but we believe that by having a mix of funding between bricks and mortar as well as touring companies and other elements of performance, we will reinvigorate the supply chain and allow freelancers back to work. I will take the noble Lord’s suggestion regarding the Music Publishers Association back to the department.

Covid-19: Orchestras and Cultural Venues

Lord Berkeley of Knighton Excerpts

Wednesday 1st July 2020 Lords Chamber

Asked by

[Lord Berkeley of Knighton]

To ask Her Majesty’s Government what is their response to reports that orchestras and cultural venues are facing permanent closure as a result of lockdown due to the COVID-19 pandemic.

[Lord Berkeley of Knighton (CB) [V]]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I draw attention to my interests in the register.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

My Lords, we recognise how severely the cultural sector has been hit by Covid-19. That is why we are providing unprecedented assistance, including government loans and the job retention scheme, from which hundreds of organisations have received support, including, importantly, orchestras and cultural venues. DCMS arm’s-length bodies have also provided tailored support. The Arts Council, the National Lottery Heritage Fund and Historic England have together provided £250 million in emergency funding. We continue to engage with the sector and we are working with Arts Council England to ensure that we fully understand the impacts of Covid-19 and to consider the additional measures that are needed to ensure the long-term recovery and growth of the cultural sector, including orchestras and cultural venues.

[Lord Berkeley of Knighton [V]]

I thank the Minister for that response. Has the Secretary of State’s promise of further funding been sat on from above? Musicians, actors and artists, as well as orchestras and venues, have either fallen between furlough and emergency funding, which is indeed welcome, or are coming to the end of that assistance. We have already lost one theatre and, for example, the Lighthouse in Poole and the Manchester Camerata have only weeks of funds left. What these and the larger organisations need now is a definite date and figures so that they can plan ahead as businesses and replenish both our cultural heritage and, indeed, the coffers of the Treasury.

[Baroness Barran]

The noble Lord is absolutely right to highlight the importance and variety of our cultural heritage. My right honourable friend the Secretary of State has been absolutely clear that the Government will continue to take action that is commensurate with the scale of the crisis at the time that action is needed.

Broadcasting (Amendment) (EU Exit) Regulations 2019

Lord Berkeley of Knighton Excerpts

Wednesday 6th February 2019 Lords Chamber

[Lord Ashton of Hyde]

I thank my noble friend. I do not have it at my fingertips—mainly because this is a no-deal SI, and that is the basis on which I have prepared—but I will write to my noble friend with that answer.

The noble Lord, Lord Liddle, mentioned in a rather pessimistic way that this was the end of the jewel in the crown of broadcasting. I was not sure whether he was talking about broadcasting or the creative industries. I have mentioned that we will continue to support the creative industries. I agree that they are a jewel in the crown. We are, of course, aware of some reports in the media about broadcasters relocating their licence to other countries. But the reports also suggest that companies are relocating only a minority of their workforce, in order to comply with the licensing requirements. There are no signs of a mass exodus from the UK. It is too early to tell, but the technical notice spells out clearly that it is not always necessary to transfer even the head office or the editorial elements of a company to qualify for an EU licence under the AVMSD. Most broadcaster satellite uplinks are in France or Luxembourg, so, if you can use technical methods such as the satellite uplink, technically you can get a licence in one of those two countries because that would bring you under the jurisdiction of the AVMSD.

[Lord Berkeley of Knighton (CB)]

My Lords, on the question that the Minister has just addressed, have the Government made any assessment of the likely impact on the creative industries, a sector whose income they broadly welcome on a regular basis?

[Lord Ashton of Hyde]

This SI does not relate specifically to the creative industries; it is more to do with the broadcasting industry. There is a link between the broadcasting industry and the creative industries, but this deals with things such as production, which have historically tended to follow broadcasting. We have not made that assessment yet, because it is too early to tell, but clearly there is the possible danger that, if all broadcasters move their editorial and head offices to an EU country, production might go with them. Obviously, that would depend on where they go. It is too early to tell on that specific point, but the tax credits and other things I talked about will specifically help the creative industry, rather than broadcasters.

Data Protection Bill [HL]

Lord Berkeley of Knighton Excerpts

Report: 2nd sitting (Hansard - continued): House of Lords
Wednesday 13th December 2017 Lords Chamber

[Lord Pannick (CB)]

My Lords, I repeat my declaration of interest as a barrister acting in privacy cases including, I should mention in relation to this group, acting for the NMA in its unsuccessful attempt to challenge the recognition of Impress, a case which continues.

I shall speak first to Amendment 53. It seeks to remove paragraph 24(3) of the schedule which recognises,

“the special importance of the public interest in freedom of expression and information”.

I am surprised that the noble Baroness is seeking to remove that provision because it has been the law of this country for centuries. Because it has been the law of this country for centuries, a provision to almost identical effect appears in the Human Rights Act 1998 at Section 12(4). It is also the approach taken by the European Court of Human Rights in relation to Article 10. The idea that our law should no longer recognise the special public interest in freedom of expression is therefore a surprising one and would lead this country’s law into conflict with our international obligations under Article 10.

I shall speak also to Amendments 59 and 64 and express my agreement with what has just been said by the noble Lord, Lord Black. If enacted, these amendments would deprive journalists throughout the national and local media of all the exemptions under the Bill unless their employers choose to register with a regulator approved under the royal charter. The question for noble Lords is: why should a journalist on the Financial Times, or indeed on the Borehamwood Times, lose exemptions under this legislation and be hindered from doing his or her job effectively because the newspaper by which they are employed decides that it sincerely does not wish to be regulated by a royal charter regulator?

The fact of the matter, which is quite clear, is that Amendments 59 and 64 seek to use this Bill for what is a wholly extraneous purpose, seeking to compel newspaper groups into submitting to regulation under the royal charter or, as the noble Lord, Lord Black, put it, bullying newspapers in that respect. This Bill is simply not an appropriate vehicle for such an exercise.

[Lord Berkeley of Knighton (CB)]

My Lords, I have listened to the debate for several hours and I am growing increasingly worried about one or two things. In a sense I am going to act as a devil’s advocate. I believe passionately in a free and inquisitive press. For many years, I was one of its number both in the written and the spoken word. I believe that the press is absolutely vital to holding us all to account. But I have begun to feel that, in castrating Leveson’s work to such an extent, the public are going to lose confidence in public inquiries. Let us hope that that does not happen with Grenfell, although the residents of that tower, who live two roads away from me, are already beginning to think so.

Last year I attended a meeting in a committee room where Gerry McCann, PC Jacqui Hames and Hugh Grant spoke of their quite awful experiences. It is important that we remember the victims and recite these woes. I have not heard any expression of acceptance on this side of the House, or concern about some of these matters. I would go with noble Lords much more about not loosening things if I heard some kind of admittance that there are problems.

[Lord Pannick]

The answer to the noble Lord was given by the noble Lord, Lord Finkelstein, in the previous debate. The fact is that many of these individuals have justifiably brought civil claims against the newspaper groups concerned. They have recovered and are continuing to recover very large sums in damages, and no doubt rightly so. The News of the World closed down because of its conduct and individuals went to prison in circumstances where they broke the criminal law. That is the answer. No one is suggesting that terrible things were not done, but there are existing legal remedies and they have been applied.

[Lord Berkeley of Knighton]

I am grateful to the noble Lord, who obviously knows a great deal about the matter—more than I do. I still think that we should question the ability for this to happen in the future. Surely the whole point of the Leveson inquiry was to tighten things up so that this would not happen so much. When I listen to people talking about what happened to them and how they felt that they had very little recourse—although they took civil action and some of them won—I accept that newspapers shut down, but my goodness, perhaps they should have done. These things are right.

In listening to the debate, I was very impressed by the speech of the noble Lord, Lord McNally. It is not that I do not believe in the press—believe me, I think that the press does a wonderful job, by and large—but even those of us who are involved in doing wonderful jobs do so because we can look at ourselves and say, “We got this wrong”. That is what I have not heard enough of. My noble friend Lady Hollins is having a rather tricky time; she is up against some big guns.

What do the future victims have if they do not have recourse to law—if they believe that Leveson was the answer and we gradually remove most of his recommendations, which is what we seem to be doing? Perhaps noble Lords are right; perhaps in law we should be getting rid of them, but I am worried that the public will begin to think, “What are these inquiries? Why does the status quo always remain exactly the same?”. That is why I wanted to speak up for my noble friend Lady Hollins. We must think a bit more about people whose lives are sometimes ruined just by innuendo. As we have heard, they might get a tiny apology at the bottom of the page, but the damage is done—and it can be terrible.

[Lord Puttnam (Lab)]

My Lords, I first congratulate the noble Baroness, Lady Hollins, on withdrawing her amendment, which I thought was extremely wise and thoughtful. She does us a great favour by constantly bringing us back to these issues.

I try to take the long view. I declare an interest: I am the extremely proud son of a journalist. My father was not any old journalist; he was one of only two people who were evacuated from Dunkirk twice, because he was sent back to report it twice. I am very proud of my father; he was a remarkable journalist and a very fine man. That is why I am passionate about this subject. I apologise to the noble and learned Lord, Lord Keen, if I intervened inappropriately at the end of the last debate. I was trying to make it clear that this House does not contain people who oppose freedom of the press; if we could just agree on that, it would be something of a triumph.

The noble Lord, Lord Pannick, for whom I have enormous regard, and the noble Lord, Lord Black, both used an interesting word: “bully”. The idea of using the word “bully” in the context of a debate such as this, as if it excludes the notion of press bullies, is obviously farcical. I ask the noble Lord, Lord Pannick: when a headline appears that accuses three High Court judges of being traitors, is that fair comment? Is that damaging? Does that provide for the type of democracy he would like to see this country moving towards, or does it irrevocably drive it backwards? As a remainer, I am sick to death of being accused of being somehow undemocratic and apparently opposing the will of the people. That is as much rubbish as is the notion that I might be opposed to freedom of the press.

The noble Lord, Lord Berkeley, is exactly right. We must be more sensible about this. There is fault on both sides. We are not where we would wish to be. The 1998 Act—I was here when it was passed—was a very good act, but it is not sufficient for our present circumstances. It has been ignored by some highly unscrupulous editors. The present regime of apology is ludicrous; the other day, I put that to the noble Lord, Lord Black. I am not sure if he agrees, but it is a joke. We must be more sensible about moving forward on this issue, so I applaud the noble Baroness, Lady Hollins, for taking a long view. We must do the same, but we must also adopt a very determined, clear and moral view to get this right.

--- Later in debate ---

[Lord Berkeley of Knighton]

This is not simply about money; it is what it does to your reputation. That is much more important than money.

[Lord Paddick]

I am grateful for the noble Lord’s intervention. Obviously, despite the fact that we won the court case in the end and that there was a small apology in the said newspaper—I think it was on page 6—I was not able to recover the serious damage done to my reputation. I am grateful to be standing here in the House today to address noble Lords on this issue, but there are many people whose reputations have not recovered.

Digital Understanding

Lord Berkeley of Knighton Excerpts

Thursday 7th September 2017 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, as we have heard, digital technology has transformed our lives, with the same import as the invention of the wheel. My noble friend Lady Lane-Fox of Soho has reminded me of the important strictures of one of my composition teachers—that you will only ever get out of any venture rewards in direct correlation with what you put in. That lies at the heart of this timely debate.

For example, I can press a button and digital technology will play me a piece of music—but by exploring that technology further, by investing time and creativity in it, I can do so much more. I can write music directly on electronic manuscript paper, or I can play it on a keyboard and the technology will notate it and play it back. Is that not absolutely extraordinary? Just imagine if Bach or Mozart had had that technology. Their improvisations would have been preserved for posterity, and instead of their laboriously writing out by quill all the individual parts for violins, violas, woodwind and brass, and sending them by horse to musicians desperate to rehearse, the technology would extricate the parts, which could then be sent instantly all over the world, where they could be printed—or even, as now happens, be performed by reading from an electronic tablet, just as I am referring to my notes now. Mozart would surely have had time to finish his own Requiem, and so much more besides.

Let us follow the example of composers, scientists and artists of this stature who seized technological advances in their own time, and by understanding them were able to transform knowledge and to write sublime masterpieces for instruments that were still in their infancy. Mozart’s clarinet concerto, and his quintet, are perfect examples of not merely using advances in technology but understanding their potential. Look at how David Hockney has used digital technology in his iPad pictures and his multicamera moving landscapes. Every theatrical event we attend is now lit by pre-programmed computer technology. Many films and television programmes manage magically to combine realism with technological fantasy to transport us to an extraordinary and brave new world—and indeed, to worlds beyond our own.

We must concentrate on the young and the underprivileged in our efforts to educate, and to spread the digital word. Opportunity to learn is such a gift. With it we will transform the lives of so many, allowing them to share in the magical cornucopia of experience that digital technology and the internet offer. The next generation will transport us in ways that are unimaginable as we sit here today. Why, we might meet in virtual reality, thus solving our current problems of housing during repairs and rebuilding.