Business and Planning Bill

Lord Hunt of Wirral Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Monday 6th July 2020 Lords Chamber

[Lord Hunt of Wirral (Con) [V]]

I first draw attention to my entry in the register.

My Lords, this is a timely and welcome Bill, but I believe that it could go further, as I shall explain. Whether or not we see further high tides of Covid-19 is in the hands of powers higher even than my noble friends the Ministers, but I am sure it is right that we should now focus our energies upon economic recovery and retrenchment. That is the vital principle behind the Bill. It understandably singles out hospitality as having suffered grievously during the pandemic and lockdown, along with construction. But other sectors, too, are in the direst jeopardy: perhaps most notably, live music-making and theatre.

Like many other noble Lords, I had always planned to raise concerns about the creative arts today, and I warmly welcome the Government’s support package. I still fear, however, that an opportunity has been missed by not including live performance in the Bill. Theatre and music-making come in many shapes, forms and sizes. Many of our so-called crown jewels, such as the Royal National Theatre, the Royal Albert Hall and the Southbank Centre, will no doubt receive substantial support from the new government fund. I am all for that, but I hope the beneficence trickles a little further down, too. For those vast edifices of great renown are built ultimately on the foundations of smaller venues such as rooms above pubs and found spaces, and innovative, often tiny, production companies at fringe venues across the land and in the vital ecosystem of off-West End, which even boasts its own prestigious awards. So too are the television and film industries, which have done so much to sustain morale during the darkest days of lockdown. Many thousands of our finest creative talents work freelance. Getting much-needed help to them must also be an urgent, if challenging, priority.

Elsewhere in Europe, the arts are emerging from pandemic hibernation, combining live performance with social distancing. It is not ideal, but it keeps the flame alight. One obvious way for the performing arts to re-emerge with minimal risk during these clement summer months is by working outside. This Bill will allow pubs to expand into the great outdoors. Why are theatre companies not permitted to do the same? The Bill seems silent on the matter.

The man who led us through our last national crisis on this scale was, of course, Sir Winston Churchill—much admired by our current Prime Minister. In 1938, Churchill said:

“The arts are essential to any complete national life. The State owes it to itself to sustain and encourage them.”


It is also said that, when a cut in the arts budget was mooted to help the war effort, he refused and asked,

“What, then, are we fighting for?”


What we are fighting for today, once again, is not just our economy but our way of life—a way of life that must surely restore and retain the energy, inspiration and vivid diversity of the performing arts at its very heart.

Business and Planning Bill

Lord Hunt of Wirral Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Tuesday 14th July 2020 Lords Chamber

Moved by

[Lord Hunt of Wirral]

51: After Clause 15, insert the following new Clause—
“Outdoor entertainment
Local authorities in England may permit organised outdoor entertainment, including theatrical and musical performances, if the entertainment is organised in a manner that complies with—(a) relevant requirements under any enactment and(b) any guidance on social distancing that may be in place at the time of the performance.”Member’s explanatory statement
This new Clause would enable socially-distanced outdoor performances by actors and musicians.

[Lord Hunt of Wirral (Con) [V]]

My Lords, in moving Amendment 51 dealing with outdoor entertainment, I first draw attention to my interests in the register.

I profoundly appreciate and cherish the creative industries, not only for their ability to educate, entertain, provoke, stimulate and provide balm for the soul but because they are one of the most successful economic forces we possess here in the UK. Our film studios, orchestras, playwrights, theatres and video game designers all help to make us what we are as a nation. They are the envy of the world, and they all create employment and wealth.

Like many others, I warmly welcome the major announcements by the Government last week: the substantial financial support for the creative sector and the news that outdoor performances may now resume, with suitable measures taken to prevent risk of infection. Some of our most enterprising venues and companies are already forging ahead with plans for what remains of the summer: the Minack, Brighton Open Air Theatre, Glyndebourne, the Maltings in St Albans, This is My Theatre. I can confirm with pleasure that this happy list is substantial and growing.

Theatre and musicianship—indeed, all forms of creative endeavour—are crafts that require constant nourishment and nurture. It is vital that they should be financially supported during their enforced hibernation during this pandemic, but it is equally vital—far better, even—that they should come back to life as soon as it is safe for them to do so.

As it stands, this Bill deals with two major wealth-creating sectors that have been grievously hit by the pandemic: hospitality and construction. I strongly believe that the performing arts deserve similar recognition. Legislative underpinning for the avoidance of doubt is sensible for a significant shift in policy and law but, while joyously welcome, at the moment has the status only of phase 3 of a so-called road map.

I am also eager to raise again, as several noble Lords did yesterday at Questions, the plight of freelance actors, musicians, technicians and other creatives who lack the sustenance and reassurance of a financial, contractual tie to any building or institution. They too should be numbered among our crown jewels. I want them to receive every possible reassurance that we, in this place, understand their current plight and want to help them back to work and to honing their remarkable crafts, just as soon as it is safe for them to do so. I beg to move.

--- Later in debate ---

[Baroness Penn (Con)]

My Lords, the Government wholly support the intention behind the amendment to enable socially distanced outdoor performances. I assure the noble Baroness, Lady Jones, that, although I am not my noble friend Lord Greenhalgh, I have a great admiration for our cultural sector and for the performing arts.

I am delighted to refer my noble friend Lord Hunt to the Culture Secretary’s announcement last week that, from Saturday 11 July, theatres, dance and music have been able to restart as long as they are Covid secure, take place outside with a limited and socially distanced audience, and have the appropriate approvals from local authorities. To support our theatres and performance venues to get up and running safety, we have published new government guidance that provides detailed advice on how to keep all those working in the performing arts and audiences safe.

My noble friend Lady Anelay asked about that guidance. We have worked with the sector through the Cultural Renewal Taskforce and the entertainment and events working group to produce it. We will continue to engage with the sector on the basis. My noble friend raised advanced notice. So far we have published a five-stage road map, on which we are at stage 3, so venues and others can plan for future stages in advance of them being introduced. That guidance will evolve. We are working on some of the science behind safely reopening some of these venues. As that progresses, we will update the guidance in line with consultation with the sector.

Since outdoor performances are now allowed, local authorities can already issue licences where appropriate for such events under the provisions of the Licensing Act 2003 and existing authorisations will not have lapsed, the intention behind my noble friend’s amendment has been wholly achieved.

My noble friend made two further points in relation to his amendment. The first was that the inclusion of the amendment would signal the Government’s commitment to this vital sector. I completely agree with my noble friend that our creative arts are an intrinsic part of what makes us a nation. I hope noble Lords will agree that there are many routes by which the Government can demonstrate their support for the sector. The announcement of the £1.57 billion of support—the largest ever one-off funding package for the sector—demonstrates that commitment.

That funding will also be essential to address the points raised by my noble friend Lord Hunt and the noble Lords, Lord Kennedy and Lord Clement-Jones, among others, about support for freelance workers and others in the sector. It will enable organisations to resume cultural activity, albeit in a socially distanced manner, which will increase employment opportunities for freelancers. That is in addition to funding announced by Arts Council England in March of £140 million for artistic organisations and £20 million for individuals, including self-employed practitioners, to continue their craft. More than 10,000 individuals and organisations have been successful in applying for this emergency funding.

My noble friend also sought reassurance on the legislative underpinning for the reopening of outdoor performances, as did the noble Lord, Lord Clement-Jones, and the noble Earl, Lord Clancarty. This amendment is not needed to allow outdoor performances to take place, even in venues where they do not already take place. Local authorities can license outdoor performances already; this is underpinned by legislation in the Licensing Act 2003. I hope noble Lords will agree that it is not good legislative practice to duplicate this provision through additional legislation. It might also be worth noting that we are not planning to put in place underpinning legislation for the reopening of every sector of our economy, however significant the default is that those sectors should be open and that is what should be in place.

I hope that this addresses most of the points raised by noble Lords. I apologise to the noble Earl, Lord Clancarty, for being unable to hear part of his contribution, particularly about the role of local councils, due to technical difficulties. We will of course continue to engage, but on the point of legislative underpinning compared to this Bill, we are not aware of any representations, for the process of applying for temporary events notices for example, which in any case is a shorter timescale than pavement licences, which are dealt with in the Bill. For these reasons, I am unable to accept this amendment, and therefore I hope that my noble friend can withdraw it.

[Lord Hunt of Wirral [V]]

My Lords, I am very grateful to my noble friend Lady Anelay of St Johns, the noble Baronesses, Lady Jones of Moulsecoomb and Lady Bowles of Berkhamsted, the noble Lords, Lord Clement-Jones and Lord Kennedy of Southwark, and the noble Earl, Lord Clancarty. We have spoken with one voice, and I greatly welcome the Minister’s commitment to our intention. As she said, legislative underpinning is the key. We are providing the hospitality and construction sectors with that legislative underpinning. The performing arts deserve similar recognition. I will return to the subject, but in the meantime, I beg leave to withdraw my amendment.

Amendment 51 withdrawn.