Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) (No. 2) Regulations 2025
Debate between Lord Moore of Etchingham and Baroness Twycross(1 week, 5 days ago)
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Lord Moore of Etchingham (Non-Afl)
I do not want to detain your Lordships’ House, and the speeches already made by several noble Lords are very much to the point. I should declare an interest as a long-serving employee of the Daily Telegraph. In that capacity, I draw the attention of the Minister to what it is like for a newspaper not to know who is owning it for such a very long time.
It seems to me that the greatest power of bureaucracy is delay, which increases the power of bureaucracy with every moment; that is its appalling leverage on everything else. But business, and particularly journalism, has the opposite desire. It needs to get on, and the word “journalism”, of course, comes from the French word for day. It happens every day, and every day lost is a disaster for us. In certain respects, we have been losing day after day—we have lost roughly half the length of the Second World War not knowing who is really going to own us.
I make no distinction really here between Governments of either party because both, it seems to me, were guilty of a similar failure. I draw the Minister’s attention to the fact that there is a strong contrast between the quasi-judicial role that DCMS quite rightly operates, which is necessary in these cases, and all the manoeuvring and use of time and delay to try to satisfy—as the noble Lords, Lord Fox and Lord Young, have pointed out—the needs of a foreign state that the British Government seem to be overzealously courting.
This is a very bad piece of politics—not party politics—and it puts us all in play. If we were to write the history of this, we would have to see that it fell to the journalists of the Daily Telegraph twice to start making a noise before anything could prevent very bad things happening. That seems to be nothing to do with the quasi-judicial process. I hope that the very sharp deadline of 15 December is tacit acknowledgement by the Government of the damage done by delay and that therefore something more drastic is being done now.
In another place, the Justice Secretary, when trying to do something about jury trials, has made the point that justice delayed is justice denied. We at the Telegraph have had justice delayed for a very long time and therefore denied. The noble Baroness, Lady Stowell, and other noble Lords have been clear that it has to be acknowledged that a process of this sort should never go on again and that there is a big lesson here. If, for whatever reason, the Daily Mail bid fails or gets called into question, there has to be an open, swift and fair process.
Baroness Twycross (Lab)
My Lords, this has been an important and useful debate, and I am very grateful to all noble Lords who have contributed to it. I am particularly grateful to the noble Baroness, Lady Stowell of Beeston, for her engagement over many months with DCMS. I think we have a better position as a result of her engagement and persistence on this matter, and I know that the Secretary of State is also grateful for the time she has taken to help us refine this, frustrating as it must have been for the noble Baroness at times.
This regime is about safeguarding a specific industry that has a unique, essential role in the health of our democracy. The noble Lord, Lord Parkinson, made it really clear that this is important for democracy, and I think that is beyond doubt in your Lordships’ House. I need to put on the record that I do not recognise the scenario outlined by the noble Lords, Lord Fox and Lord Moore of Etchingham, of the genesis of these SIs, but I hope all noble Lords feel that we have listened to and addressed concerns raised in your Lordships’ House and have got to a better place as a result.
I will address the points made by noble Lords during the debate. The noble Lord, Lord Parkinson, raised concerns about the 5% exception’s potential for misuse. I stress that this is a narrow exception, applying in limited circumstances. It intends to remove any potential chilling effect by providing that a state-owned investor, or SOI, from one country or territory may ignore smaller holdings that are in effect too small to confer influence in their own right in quoted companies by SOIs from other countries that are not visible to them.
A hypothetical example of the limited circumstances in which the carve-out is in our view necessary to avoid a chilling effect is that if a state-owned investor wanted to invest 15% in a publicly listed newspaper owner they would have to be sure that no other state-owned investors from any other states or territories already held shares in the same newspaper owner. Without the carve-out, they could potentially not be sure that their 15% investment would comply with the limit.
UK Newspapers and News Magazines: Foreign Investment
Debate between Lord Moore of Etchingham and Baroness Twycross
Baroness Twycross (Lab)
The purchase of UK newspapers and news magazines by foreign states, as the noble Baroness will be aware, runs the risk of eroding trust in the press. We agree that it is right that the UK has explicit protections in relation to this. Since the consultation closed in July last year, DCMS Ministers and officials have been considering the responses carefully. The consultation raises complex issues and involves multiple interests across government. We are committed to considering this carefully and ensuring we understand the implications of such changes, including on the industry. It is important that we get this right.
Lord Moore of Etchingham (Non-Afl)
My Lords, I declare an interest as a Telegraph employee. I regret the way the Minister appears to be just reading out the same answer. It is important in a news business that we can get on. The most important word in the Question rightly repeated by the noble Baroness, Lady Stowell, is “when”. Are we not entitled for a term to be brought to this absurdly long process?
Baroness Twycross (Lab)
I can only apologise for having the same answers, but the issue has not yet been resolved. We are working to resolve it as soon as possible, but, as I mentioned, there are complex issues that need to be dealt with effectively. It remains the case that I am confident I will be able to report back to your Lordships’ House in the near future. Clearly, I would have liked to have been able to have done so before today.
Telegraph Newspapers
Debate between Lord Moore of Etchingham and Baroness Twycross
Baroness Twycross (Lab)
I hear the frustration from the noble Baroness. I know she has been campaigning on this for some time. The Government have not issued a foreign state influence notice because RedBird IMI has signalled its intention to sell in compliance with the new law prohibiting foreign state ownership of newspapers, so the Government are allowing it to conduct the sale.
On the SI to which the noble Baroness referred, there has been a general election in the interim since the legislation was passed by the previous Government. Ministers recognise the high importance of foreign states not being allowed to influence the policy of UK newspapers, but there should be a balance to encourage investment into the press sector. Therefore, we are carefully considering a response to the consultation. We hope to publish a response very soon and lay the SI shortly after that.
Lord Moore of Etchingham (Non-Afl)
My Lords, I declare an interest as an employee of the Telegraph Media Group. I am grateful for what the Minister says about the sense of urgency, but it has not been apparent so far, and this has gone on for a long time. Newspapers live by deadlines, not such a familiar phenomenon in the quasi-judicial capacity, and we really do need the deadline to be met. This affects the newspaper most importantly, but does the Minister agree that it also makes it quite difficult for potential buyers and the seller, because they do not understand the terms on which they are doing it? The delay is fundamental to the whole problem.
Baroness Twycross (Lab)
I am not sure that the company selling the Telegraph is unclear about the rules under which it is operating. We are allowing the company RedBird IMI to conduct the sale. DCMS meets regularly with representatives from the parties and is monitoring the situation closely, but it is the clear intention of the parties to sell as soon as possible.