Health and Social Care Bill

Debate between Lord Marks of Henley-on-Thames and Baroness Rawlings

Thursday 8th March 2012 Lords Chamber

[Baroness Rawlings]

My Lords, it must be a brief question.

[Lord Marks of Henley-on-Thames]

My Lords, I believe that I have answered the question. I accept that it is important. We believe that the provisions that are now to be in the Bill, given the government amendments and an assurance that I hope to receive from the Government, will cover the position.

I was explaining that, when we tabled Amendment 220B, we believed that there should also be an individual arrangement for agreement with Monitor so that all considerations could be balanced when considering any substantial increase in private income. However, in discussions, the Government agreed to respond to amendments that Liberal Democrat Peers tabled in Committee on the involvement of governors. Those amendments that the Government now pursue—Amendments 220BZA and 220BZB—represent that response. They ensure that any increase of more than 5 per cent would have to be approved by the governors voting, as I say, by a majority. The governors have to be satisfied that the plans put forward by the foundation trusts for attracting private income would not interfere with the treatment or welfare of NHS patients. I suggest that that scheme represents a devolved, local scheme that is consonant with the structures in the Bill and the desire to keep local decision-making at a local level.

There may still be concern that the governors of individual foundation trusts will primarily have in mind the concerns of their own foundation trusts. However, under amendments that have been agreed, Monitor is now to have continuing powers of supervision and intervention over foundation trusts. If we are assured that in every case where the governors approve a proposal for an increase in private income in excess of 5 per cent Monitor will consider whether the interests of NHS patients as a whole are to be safeguarded, and if it is not so satisfied it would intervene, I suggest that that assurance will meet that concern. We will not move Amendment 220B but we seek that assurance from my noble friend the Minister.

BSkyB

Debate between Lord Marks of Henley-on-Thames and Baroness Rawlings

Tuesday 12th July 2011 Lords Chamber

[Baroness Rawlings]

My Lords, I am grateful to the noble Baroness for the prior notice of this question. She is absolutely right; it is important to realise that the fit and proper person test is not triggered simply by the proposed merger. Ofcom has an ongoing statutory duty to make certain that the holders of broadcasting licences are and remain fit and proper persons. This is a matter for Ofcom, which is taking its responsibility in this area very seriously and is already in touch with the relevant authorities. The Government have no role in its decisions. No doubt the Competition Commission will also want to consider whether Ofcom’s investigations raise any further points relevant to its assessment of the effect of the merger on plurality.

[Lord Marks of Henley-on-Thames]

My Lords, are the Government entirely satisfied that their hands are now tied to the issue of media plurality, despite News Corporation’s failure to disclose its own nefarious activities? If so, does Section 67 of the Enterprise Act need urgent amendment? Might a way forward be to encourage Ofcom—there is no reason why it should not be so encouraged—to consider the fair and proper person test for continuing to hold a broadcasting licence under the Broadcasting Act 1990 as soon as the current investigations are sufficiently complete for it to form a view, and to delay a final decision on the acquisition until then?

[Baroness Rawlings]

My Lords, my noble friend makes some important points. I am sure that the Government will look at several amendments. The Secretary of State has returned this matter to the Competition Commission, and the review can take between 24 and 32 weeks, depending on the complexity of the case. The Competition Commission, confusingly for some, does not deal with actual competition. The European Union decided on 21 December 2010 that there was no competition problem. The Competition Commission’s decision, as my noble friend Lord Marks rightly says, will be based purely on plurality.

Telephone Hacking

Debate between Lord Marks of Henley-on-Thames and Baroness Rawlings

Thursday 16th June 2011 Lords Chamber

[Baroness Rawlings]

I mentioned at the beginning that I was answering for the DCMS, which strays into the Home Office. When it comes to editors, I am afraid that I am unaware of what is happening.

[Lord Marks of Henley-on-Thames]

Can my noble friend the Minister indicate why it took five years, from 2006 to 2011, with Rebekah Brooks of Sky having only just been notified, to inform the victims of hacking that they were on Glenn Mulcaire’s list of names and numbers? Can she assure the House that all known victims have now been notified and that in future such victims will be notified as soon as possible?

[Baroness Rawlings]

My Lords, the merger is being investigated on the basis of the effect that it could have on media plurality. As I said, phone-hacking allegations are very serious, but they are a matter for the criminal courts and may take a very long time. It would be impractical and quite wrong to delay a decision for such a long time.