Media Bill
Lord Parkinson of Whitley Bay ExcerptsMonday 20th May 2024
(2Â years, 4Â months ago)
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The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I hear often talk about how we need an assembly of the nations and regions, but, as the noble Lord, Lord Bassam, has said, we have had a great display of that today from your Lordships’ Committee, with contributions from across the United Kingdom.
As I set out on our first day in Committee, His Majesty’s Government are committed to stimulating growth in our world-leading production sector throughout the length and breadth of the UK. As the noble Lord, Lord Wigley, pointed out, there is a long and proud tradition of that happening across the UK; he gave many examples from Wales, understandably, and pointed to the north of England as well. We have this month lost Gudrun Ure, who played the eponymous Super Gran—a production I enjoyed in my childhood, made by Tyne Tees Television and filmed along the north-east coast in Whitley Bay, Cullercoats, Tynemouth and many other places. It was a powerful example of the emotional pull of TV production in inspiring tourism and encouraging people to visit but also in bringing production closer and, I hope, awakening sparks in people wherever it is made.
As noble Lords have alluded to, it is important to point out that the picture at the moment is a strong one. In 2022, all of our public service broadcasters exceeded their regional production quotas, and some significantly so. We have seen good and significant growth in production outside England and outside our capital. Production spending in Scotland is now worth over £266 million, supported by developments including Channel 4 opening one of its creative hubs in Glasgow in 2019. Television production in Wales continues to make impressive strides forward, with the proportion of hours of BBC content produced in Wales increasing year on year, in part thanks to major productions such as “Wolf” and the rest of the menagerie of animals that my noble friend Lady Bloomfield of Hinton Waldrist mentioned. Northern Ireland’s production industry is making a significant contribution, as shown by the rise in hours of content produced there and broadcast on public service broadcasters, which has increased consistently over the past five years. The BBC, Channel 4 and Channel 5 all increased their production expenditure in Northern Ireland in 2022. The growth in production outside London in recent years is a great success story, and our public service broadcasters have been one of the significant contributors to that growth.
We are also encouraged by commitments to go further, such as the BBC’s pledge in its BBC Across the UK strategy to increase its production expenditure outside the capital to 60% by 2027, and Channel 4’s pledge to continue to spend 50% of its main channel commissioning budget outside London. However, it is right that we keep this progress under review, and I welcome the opportunity we have had to debate these issues this afternoon, thanks to the amendments that have been tabled in this group.
Let me start by addressing Amendments 16 and 17 in the name of my noble friend Lady Fraser of Craigmaddie and acknowledge the support that she expressed on behalf of the noble Baroness, Lady Foster of Aghadrumsee, with whom I have had the opportunity to discuss some aspects of the Bill outside the Chamber. The regulatory system proposed in the Bill will continue to support the success of the industry in several ways. The Bill is explicit in Clause 1 of its intention to recognise the need for programmes produced outside London through our new public service remit. Underpinning this is the detailed system of quotas on which this amendment focuses. This system already creates the mechanisms to hold public service broadcasters to account, and the success of the UK production sector demonstrates this.
The level of these quotas is set by Ofcom, which has broad powers to amend them as it sees appropriate. Should the success of the UK production sector not continue, Ofcom has the power to take action. It could, for example, increase regional production quotas over time, in much the same way as envisaged by the amendments that my noble friend has proposed, or it could tie the quotas to population shares. I can see why it might be tempting to pre-empt or constrain Ofcom’s consideration of these matters and to legislate directly as these amendments suggest and as the noble Viscount, Lord Colville of Culross, set out in his contribution.
I agree with the noble Viscount that there is an important role for Parliament. We are all grateful that the chairman of Ofcom, the noble Lord, Lord Grade of Yarmouth, is in your Lordships’ House and is in his place to hear these debates. Even if he were not a Member of your Lordships House, Parliament has the opportunity to express its views directly and indirectly through the Select Committees and through my department. I hope the noble Viscount would agree that it is also important that Ofcom can act with agility in this dynamic and often fast-changing sector.
It is essential that Ofcom has the flexibility to calculate regional quotas on broadcasters independently, weighing the evidence and balancing the different equities in the sector. That approach allows Ofcom to alter quotas smoothly over time to react to developments that it sees. As the financial position of both the public service broadcasters and the sector more broadly changes over time, we want Ofcom to be able to take this into account and adjust quotas accordingly, without the need for primary legislation on each occasion.
However, I reassure noble Lords that I, and my colleagues in DCMS, have heard the strength of feeling on this issue from the sector, particularly in relation to Channel 4’s “out of England” quota, which is set at 9% of eligible programmes and expenditure. I note that Ofcom is currently consulting on the terms of Channel 4’s next licence, which will come into force from 1 January next year, and also that Channel 4 has said that it would support a managed and carefully considered increase to its programme-making commitments in the other home nations. His Majesty’s Government look forward to the outcome of the licence renewal process and seeing how the sector’s concerns have been addressed.
For our part, the Government will continue our broad support for the screen industries across the United Kingdom through generous tax reliefs, as we saw in the last Budget and previous ones, through investment in studios such as the Crown Works Studios, which the right Reverend Prelate the Bishop of Newcastle rightly reminded us of, supporting innovation and promoting independent content through the UK Global Screen Fund.
We want to see the production sector continue to thrive. When it comes to our public service broadcasters’ contribution to that goal, we believe that the existing system of regional production quotas, which, as I say, our public service broadcasters can and do exceed—some of them significantly—remains the best way to continue to drive the growth that we have seen in recent years in every part of the UK.
For these reasons, I am not able to accept the amendments that my noble friend Lady Fraser of Craigmaddie has set out, but I accept the invitation that the noble Lord, Lord McNally, reiterated on her behalf and, if I may, I extend it to the noble Lord, Lord Grade, or one of his colleagues at Ofcom, so that we can talk in more detail and, I hope, seek to reassure her further about how the existing system provides for the concerns that she has set out.
Lord Bassam of Brighton (Lab)
The noble Viscount, Lord Colville, made a good point about Parliament being consulted. I wonder if the noble Lord could say something about how both Houses—and Select Committees—could be consulted and considered in the question of quotas and the distribution of regional production. I do think that is an important element of this debate, and I am sure noble Lords around the Committee will want to hear something positive on that.
Lord Parkinson of Whitley Bay (Con)
I hope the meeting I have just indicated I am very happy to hold will be an opportunity to do that, with representatives of both the Government and Ofcom present, and an opportunity for noble Lords to ask questions on the issues of quotas, and not just in relation to the Bill that is before us. As the noble Lord says, Select Committees on an ongoing basis allow for the scrutiny of Ofcom’s work.
Turning to Amendment 54, in the name of the noble Lord, Lord Wigley, I recognise the intention behind his amendment, which seeks to address concerns about the programmes that our public service broadcasters are counting towards their regional programme-making quotas. As he and my noble friend Lady Bloomfield said, this has been referred to as “brass plating”, and I am grateful in particular to the Welsh Affairs Committee in the other place for exploring this issue in its recent report, Broadcasting in Wales. As he noted, the trade association TAC has also raised this issue and has done so with my department directly.
My officials have raised the matter with Ofcom again following the publication of the Select Committee’s report. Ofcom has confirmed that, in order to qualify as a regional production, relevant productions must meet two of three criteria. These include the “substantive base” criterion, which is one of the focuses of the noble Lord’s amendment. However, productions are not able to rely on this criterion alone; they must also meet one of the two other criteria relating to production spending. Ofcom has also confirmed that it strengthened and clarified the requirements associated with the “substantive base” criterion when it updated its guidance on regional productions for public service broadcasters in 2019. This guidance came into effect for productions broadcast from 1 January 2021.
Having reflected on this advice, we remain of the view that Ofcom has the necessary powers to identify, examine and, if necessary, close any loopholes related to the regulatory regime for regional programme making. We do not, therefore, see the need to legislate in the area of the noble Lord’s amendment.
Lord Wigley (PC)
I am grateful to the Minister for the consideration he and his officials have given and the discussions that have taken place. Would he, however, accept that those at the sharp end have perhaps the most detailed knowledge of the problems that arise and the means used by some people using brass plating to get around regulations? Would he be prepared to meet some of these people to understand more directly the exact nature of this problem and some of the ideas they have that might be useful in overcoming them?
Lord Parkinson of Whitley Bay (Con)
Perhaps if the noble Lord has some examples, he might like to bring them to the discussion with Ofcom that I mentioned. It would be helpful for the regulator to hear, as well as for us in government as policymakers to understand and see, whether it is on the enforcement and assessment side or the policy-making side that we need to consider this further. I hope he will be able to join us for that.
Lord Empey (UUP)
On the amendment of the noble Lord, Lord Wigley, assuming there are a few scraps left for the rest of us, could the Minister tell us what infrastructure role is played when the quotas are being assessed? Some infrastructure needs to be on a massive scale, even a national scale. To what extent is that taken into account when the quotas are being assessed?
Lord Parkinson of Whitley Bay (Con)
To qualify as a regional production, at least two of the following three criteria must be met: a production company must have a substantive business and production base in the UK outside the M25; at least 70% of the production budget, excluding some specific costs, must be spent in the UK outside the M25; or at least 50% of the production talent, by cost, must have their usual place of employment in the UK outside the M25. Two of those three criteria have to be met for the assessment to qualify.
The noble Lord, Lord Bassam, rightly used the opportunity to point to the importance of local television providers. The Government recognise the important role that they play, such as Latest TV in his home city of Brighton, in providing excellent local news and content, often to viewers who are digitally excluded. That is why we introduced secondary legislation earlier this month to give Ofcom powers to renew the licences for the local TV multiplex and local TV services. This legislation was informed by the results of a public consultation and will ensure that local TV services continue to receive the valuable regulatory benefits they have received since 2013. That includes not only access to and prominence on Freeview but prominence on regulated electronic programme guides for simulcast satellite, cable and internet protocol television services. I am grateful to him for the opportunity to raise that in the context of the Bill.
Lord Bassam of Brighton (Lab)
Might the noble Lord be prepared to meet them at some point? That might have some value.
Lord Parkinson of Whitley Bay (Con)
Yes, either I or, I am sure, my colleague in another place who has direct responsibility for this, not just in relation to the Bill but more broadly, will be happy to speak to them further.
Member’s explanatory statement
This amendment secures that section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue derived from a non-UK on-demand programme service.
“(aa) where it is a service that forms part of a designated internet programme service, it satisfies the conditions in subsection (2AA), and”Member’s explanatory statement
This amendment and my amendment to Clause 20 at page 24, line 5, add to the requirements for a relevant service which is part of a multi-service designated internet programme service (see section 362AA(10)(c), inserted by Clause 28).
Lord Parkinson of Whitley Bay (Con)
My Lords, I rise briefly to address the government amendments which I have tabled in this group: Amendments 19 to 24, 27 and 28, and 36 to 41. These, although numerous, are all minor technical amendments to provide Ofcom with the necessary tools to ensure that the regime delivers for audiences. The amendments will close off any opportunity for non-public service broadcaster services to qualify. They will update the provisions on contract voiding and provide consistency in definitions, in line with changes that were made to the Bill in another place. They will enable Ofcom to specify that audiences should be able to continue to watch events from the beginning or to rewind while an event is in progress—perhaps including debates in your Lordships’ House—in its adequate live coverage regulations; and they will ensure that Ofcom has appropriate flexibility to determine any penalties. I hope, therefore, that noble Lords can support these amendments and I look forward to noble Lords making the case for the other amendments that they have tabled in this group. I beg to move.
Baroness Grey-Thompson (CB)
My Lords, I shall speak to Amendments 25, 26 and 30, which are in my name. I draw attention to my interests in the register: I am also a member of the All-Party Parliamentary Media Group.
Whether it is Wimbledon, the Olympic 100 metre final, the Euros joy and World Cup despair of the Lionesses, or the optimism of the FA Cup, listed events have a special place in people’s hearts and memories—but how and when we watch these big sporting moments that can unite nations and encourage participation, social cohesion and pride is changing. Thanks to the listed events regime, devised in the mid-1990s, major sporting events are freely available to all audiences, especially those who cannot afford to watch sport behind a paywall—great if you can watch in real time on your TV, but currently there is no protection for digital on-demand coverage of these much-loved events. If no action is taken, anyone who wants to watch, say, Team GB on their tablet or smartphone or see the highlights could miss out, especially with events taking place in different time zones.
At Tokyo 2020, the gold medal-winning performance by BMX specialist Charlotte Worthington was watched by just 400,000 people at the time, as it happened overnight, but in the days that followed different forms of short-form coverage of the race generated nearly a tenfold increase in views; and, while the TV reach to the 2022 Commonwealth Games in Birmingham was about 20% lower than for the 2014 Glasgow Commonwealth Games, there were around six times more on-demand views of digital clips. Soon, digital and on-demand viewing will be the norm for watching legends being made. Looking beyond Los Angeles 2028 and Brisbane 2032, could Great Britain’s medal successes be behind a paywall?
Now is the time to not miss the opportunity. The Media Bill offers a once-in-a-generation chance to protect these moments for all of us, however, whenever and wherever we watch, and I am seeking to bring the regime up to date to safeguard the future of listed events for the next generation. The new clause will give enhanced regulatory protection so that these shared national moments are available to us all, making sure the benefits of watching on your TV in real time are afforded to clips and highlights, and will allow for time-shifted viewing, enabling people to watch on tablets and smartphones; and it would secure, where possible, adequate digital on-demand coverage of listed events made available free of charge to us here in the United Kingdom.
Audiences are changing. For Wimbledon in 2023, BBC coverage was streamed 54.3 million times on iPlayer and BBC Sport online—a new record. The men’s singles final peaked at 11.3 million on BBC1, with streams up by 58% on iPlayer, and the women’s singles final peaked at 4.5 million on BBC1, with streams up by 85% on iPlayer. For the 2023 FIFA Women’s World Cup, 12 million watched England’s Lionesses versus Spain on BBC1, with an additional 3.9 million streams on BBC iPlayer and BBC Sport online. There were 25.7 million streams on BBC iPlayer and BBC Sport online across the tournament—a 75% increase on the 2019 World Cup.
It is not just the BBC that wants to see this. The Culture, Media and Sport Committee recently concluded that
“digital rights should be included as part of the listed events”
and an independent report commissioned by Ofcom last year concluded that
“as expectations about the availability of live and secondary coverage of sporting events of national interest changes, we think that the current linear TV-centred regime risks failing to take into account the increasing popularity of secondary coverage”.
We know the Government recognise the issue and consulted industry a year ago, yet nothing has been done. Please do not let this opportunity pass. The time to act is now.
Lord Bassam of Brighton (Lab)
The right reverend Prelate must be an expert with a broom.
Lord Parkinson of Whitley Bay (Con)
The House was stunned into silence by the revelation from the right reverend Prelate.
I thank noble Lords for the contributions they have made and the points raised on the other amendments in this group. We, of course, had a bit of a pre-match friendly during our debate on sport led by the noble Lord, Lord Wood of Anfield, on Thursday. Let me start with Amendments 25 and 26 from the noble Baroness, Lady Grey-Thompson.
The Government recognise the intent behind the noble Baroness’s amendments, and I know that she has had concerns about in particular the necessity of the new multisport provisions, whether “adequate live coverage” will meet the mark, and whether public service broadcasters will have the freedom to choose what they cover in the interests of their audiences. Perhaps I may take the opportunity to seek to offer her and other noble Lords reassurance on these questions.
First, on whether these provisions are necessary, the Bill introduces the concept of adequate live coverage for multisport events to ensure that partnerships between broadcasters which deliver for UK audiences can still go ahead in an age where dozens of sporting events can be taking place concurrently. We do not want inadvertently to create a regime which would prevent deals like the one currently in place between Warner Bros. Discovery and the BBC. Expansion of the scope of services covered by the regime to resolve the streaming loophole poses risks to these mutually beneficial partnerships between public service broadcasters and commercial broadcasters for multisport events. That is because the existing requirement for both parties to have the same coverage does not reflect the way that coverage is actually shared between them across different types of services.
There is no intention to weaken the public service broadcasters’ hand in negotiations, simply to ensure that partnerships between them and commercial broadcasters can function effectively to deliver the best outcomes for audiences and rights holders.
On whether “adequate live coverage” will hit the mark for audiences, it will be for Ofcom to make new regulations setting out what will be considered adequate. Following scrutiny and debate in another place, the Government amended to the Bill to set out the matters that Ofcom must take into account when defining adequate live coverage in its regulations. This is an example of Parliament giving direction to the regulator through legislation. This includes the forms of live coverage that would satisfy the interests of the public, and the desirability of facilitating arrangements which result in live coverage of listed events being shown on both public service and non-public service broadcasters.
To protect audiences’ interests, and in keeping with deals we have seen before, any partnership of this nature will require at least two live broadcasts on public service broadcasters. Ofcom is given the power to require more than two streams if it deems it necessary or appropriate, and it could also set requirements regarding the percentage of coverage or other considerations.
Finally, I think the noble Baroness, like me and others who have spoken, believes that it is vital that public service broadcasters continue to have the flexibility and editorial freedom to show the most incredible moments of these multisport events to public audiences. I reassure her and other noble Lords that the Bill enables Ofcom to require that “adequate live coverage” must allow the broadcaster involved to select what parts of the proceedings it wishes to show. It is vital that public service broadcasters maintain complete editorial control of live broadcasts when they enter partnerships so that they have the freedom to make decisions about what events to screen for the British public, and the Bill makes provisions for this.
For those reasons, I do not think that we need the amendments the noble Baroness has brought before us. However, I hope my words have provided reassurance about the checks and balances in place to deliver for audiences in the way she seeks.
Lord Addington (LD)
Is the Minister, in effect, saying that he is convinced that, under the current regime, catch up and clips will continue to be available, certainly when multiple sports are happening at different times? Will we get slightly better guidance on that? Will it be available for us to look it up and check on it—certainly before the next stage of this Bill?
Lord Parkinson of Whitley Bay (Con)
Yes, the Bill caters for the concerns that have been set out, but I will happily discuss that further with the noble Lord if on reflection he disagrees with the reasons I have set out.
I turn now to the noble Lord’s Amendment 31. The Government are keen to ensure that sporting events are made available to the public as widely as possible. That is why we have the listed events regime. We acknowledge the interest that fans have in watching the sports teams of our home nations compete. As noble Lords will appreciate, however, sports rights holders use income from the sale of broadcast rights for the benefit of the sporting sector more generally, so it is important that the regime continues to strike the right balance between accessibility and the ability of sporting organisations to generate revenues which they can invest in their sports at all levels.
The Government believe that the current list of events works to deliver the best outcome and strikes an appropriate balance. We therefore have no plans to review the list at this time. I know that will disappoint the noble Lord, Lord Addington, but it is why I cannot accept his Amendment 31.
The noble Lord, Lord Bassam, asked me to say a bit more about Amendment 19. We have taken the opportunity, as recommended during the pre-legislative scrutiny process for the Bill, to take steps to ensure that the streamer loophole is closed. This was a major flaw in the current regime which allowed for unregulated online services to acquire listed sports rights, while leaving Ofcom powerless to do anything. The current drafting therefore ensures that all TV-like services providing live content to UK audiences are in scope of the regime. Amendment 19, and Amendments 20 to 22, are technical amendments to future-proof the regime by closing off an opportunity for non-public service broadcaster services to qualify through the back door. The amendments tie qualification for the listed events regime to the way in which qualification for prominence is decided.
Lord Bassam of Brighton (Lab)
I get the sense that the Minister is sympathetic to the point we have made here and that it is more a question of timescale. If the Government are looking at this, what sort of timescale do they think would be right for them to ponder the question more widely?
Lord Parkinson of Whitley Bay (Con)
I am loath to set out a precise timescale, but the noble Lord is right: it is a matter of looking at this more fully, as well as considering the complexities of how it could be borne out if it were concluded that that were necessary.
I hope noble Lords will see, through the government amendments in this group, that we have worked with parliamentary counsel to respond to the points that were raised by the Select Committee and Members in another place about the scope of services to be captured by the regime. We have now closed the streaming loophole, which could otherwise have seen live coverage intended for UK audiences disappearing behind a paywall without the protections that the regime offers. However, as I have set out, it is a complex matter that needs a bit more thought. I am happy to set out some of that thinking and to allow officials to do so with the noble Lord if he would find that useful. For those reasons, I hope the noble Baroness, Lady Grey-Thompson, will understand that we cannot support her Amendment 30.
The noble Lord, Lord Bassam, has tabled Amendment 31A. I agree with him that it is crucial that audiences are able to view their favourite sports live in whatever way works for them, whether that is on a traditional TV platform or over the internet. However, as new technologies such as internet protocol television—IPTV—become more prevalent, we need to ensure that they continue to serve audiences. This amendment would ask Ofcom to review the delivery of listed events and other audiovisual content online, with a focus on how internet service providers can work with broadcasters to deliver IPTV. As I have said in previous debates, my department has an ongoing programme of work on the future of TV distribution. As part of this, we are working closely with the Department for Science, Innovation and Technology to consider many of the issues that the noble Lord, Lord Bassam, has raised today, including the reliability and quality of content provision on IPTV. That work is also ongoing.
Ultimately, while I agree that the issues that noble Lords have raised are important ones, this is not a Bill which is focused on the UK’s digital infrastructure. By considering the issue with regard to only one internet service—namely, television—we risk taking a piecemeal approach to what is an important and broader policy issue. For that reason, I am afraid I cannot accept the noble Lord’s Amendment 31A either. I commend Amendment 19 to the Committee.
“(2AA) The conditions are—(a) that the relevant service is provided by—(i) the BBC or a person associated with the BBC otherwise than with a view to generating a profit,(ii) the provider of a Channel 3 service, Channel 4 or Channel 5,(iii) S4C, or(iv) a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);(b) that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;(c) that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under— (i) section 266 or 267 of the Communications Act 2003, or(ii) paragraph 4 of Schedule 12 to that Act,states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.”Member's explanatory statement
See the explanatory statement for my amendment to Clause 20 at page 24, line 3.
Member's explanatory statement
This amendment and my amendment to Clause 21 at page 25, line 21, alter the definition of exclusively granting rights to include live coverage of a Group A event.
“(d) at least two of the second and further services are television programme services,”Member's explanatory statement
This amendment allows relevant services which are not television programme services to be part of the adequate live coverage of a listed event.
Member's explanatory statement
This amendment is consequential on my amendment to Clause 22 at page 27, line 13.
Member's explanatory statement
This amendment corrects a drafting error.
Lord Parkinson of Whitley Bay (Con)
I was not sure whether the noble Baroness, Lady Thornton, wanted to say anything further on the other amendments, but I am happy to come in now.
As noble Lords know, following extensive public consultation on the topic, the Government set out their intention to legislate to give Ofcom powers to draft and enforce a new video on demand code similar to the Broadcasting Code, to ensure that TV-like content, no matter how audiences choose to watch it, will be subject to similar standards. Many of the amendments in this group touch on that. In particular, all tier 1 services will have to comply with the new code. The Bill has been drafted to ensure that the mainstream on-demand services will be under similar obligations as traditional broadcasters, while simultaneously ensuring proportionality in these requirements.
I will address Amendment 70, tabled by the noble Lord, Lord Foster of Bath, which would bring all UK on-demand programme services under Ofcom’s current Broadcasting Code, including special impartiality requirements for
“matters of political or industrial controversy; and … matters relating to current public policy”.
The Government have been clear about the importance of ensuring that new regulations for video on demand services are proportionate and fit for purpose, and that they take into account the unique characteristics of an on-demand environment, which the Broadcasting Code does not. There are some key differences between linear and on-demand television, and there are some specific elements of the Broadcasting Code that would be less practical to apply to video on demand services. For example, the watershed, which limits material that is more appropriate for adults to be broadcast after 9 pm, would not be effective for regulating streaming services, because its content can be chosen on demand by audiences, rather than being broadcast live at a particular time.
That is why we are giving Ofcom powers to design a new video on demand code rather than simply bringing these services under the existing Broadcasting Code. Importantly, the Bill also sets out a proportionate and practical approach to bringing on-demand services under the new code, capturing mainstream streaming services which target and profit from UK audiences. There are already over 270 video on demand services notified to Ofcom, and many of these simply do not provide TV-like content or are not widely accessible. It is essential that we balance audience protection with freedom of expression.
Extensive public and industry consultation shows us that the smallest and niche services, such as an on-demand service for a particular football team, could be unfairly and unnecessarily penalised by a blanket approach, with little or no benefit to audience protection and at a risk to the service’s sustainability. The Bill has been designed to ensure that regulation can be updated to add further, or even all, video on demand services into tier 1, if that is considered appropriate.
I hope that this explanation reassures the noble Lord, Lord Foster, that the video on demand code will have similar objectives to the existing Broadcasting Code but will be tailored to take into account the particular circumstances of audiences accessing content in an on-demand context.
I turn next to Amendment 58 from my noble friend Lord Lansley, regarding protecting audiences from being exploited by subliminal messaging—I wonder if he was trying to tell us something.
Lord Parkinson of Whitley Bay (Con)
I thank your Lordships.
I thank my noble friend for raising this issue, as it gives me the opportunity to clarify on the record that the legislation as drafted will already enable Ofcom to draft the video on demand code to protect audiences from this type of harm. Ofcom is given an overarching duty to protect audiences from harm. The legislation does not need to list each and every potential type, although we are grateful to my noble friend for raising this issue for our consideration today. In addition, to further reassure him, on-demand programme service rules already specifically prohibit advertising which uses techniques which exploit the possibility of conveying a message subliminally or surreptitiously. These rules will continue to apply following Royal Assent to the Bill.
The noble Baroness, Lady Thornton, began our debate on this group with her Amendment 35A regarding children’s literacy. The Government are committed to continuing to raise literacy standards, ensuring that all children, including those from disadvantaged backgrounds, can read fluently and with understanding. We are very proud of the leaps and bounds that we have made on this over the last decade and a half in government. By ensuring high-quality phonics teaching, the Government want to improve literacy levels to give all children a solid base on which to build as they progress through school, and help children develop the habit of reading widely and often, both for pleasure and for information.
My portfolio covers libraries, and I had the pleasure of asking my noble friend Lady Sanderson of Welton to conduct an independent review of public libraries, which of course begins with the importance of reading and literacy. We know that one of the most powerful engines of social mobility is reading for pleasure; I echo many of the points that the noble Baroness, Lady Thornton, set out in her speech. We are currently refreshing the Government’s strategy for libraries, drawing on some of the recommendations that my noble friend Lady Sanderson made in her independent review, based on the consultation, round tables and discussion that she had with people across the country, from the sector and beyond.
The Department for Education recently made an assessment of the evidence behind the Turn on the Subtitles campaign, which the noble Baroness and the noble Lord, Lord Foster, mentioned. That assessment by the Department for Education concluded that the current evidence is inconclusive as to whether turning on the subtitles improves children’s reading. As the noble Baroness is aware, the Bill will look to improve subtitles provision on mainstream video on demand services. However, in the absence of clear evidence to the contrary, we believe it should be the choice of parents and guardians whether their child watches television programming with the subtitles on.
We have discussed this with providers, which have been clear that the technology simply is not there in many cases to turn the subtitles on by default for specific programming, even for certain ages, as the noble Baroness suggests. Short of embedding the content with subtitles—in which case viewers would not be able to turn it off—and without the absence of conclusive evidence about the benefits, we do not think that would be appropriate. However, I am grateful to the noble Baroness for the opportunity to talk about the campaign and the analysis which we have made so far.
On my noble friend Lord Lansley’s Amendments 43 and 59, on prohibiting political advertising on tier 1 video on demand services, political advertising is a fundamental part of any democratic system and is an established way for political parties and campaigners to connect with the public and have their message heard in a cost-effective manner, thus contributing to a level playing field among campaigners of different sizes and financial means. Paid political advertising on digital platforms such as YouTube and Instagram has been used by campaigners and political parties of all colours for some time, and is not objected to by the majority of those who campaign in that way.
In contrast, the legal ban on paid political advertising on television and radio, currently regulated by the Communications Act 2003, stems from a long-standing tradition which continues to be supported across the political spectrum. In considering any changes to the rules governing political advertising, the Government think it essential to consult political parties and to achieve cross-party consensus on an issue which directly affects campaigners from all parties and other campaigning groups. Regulation must be balanced with the rights of freedom of expression and public debate, which are both crucial to a thriving democracy, and no such consultation has yet been undertaken.
Lord Lansley (Con)
Can I ask my noble friend two quick questions? First, have the Government engaged in any such consultation with the political parties in anticipation of this Bill, with a view to inquiring whether the ban on political advertising for broadcasters should be included for tier 1 services? Secondly, did he not tell us that the tier 1 standards code is for mainstream on-demand programme services, which are in that sense comparable with what we see in the broadcasting environment, not the more peripheral and digital access providers such as YouTube and so on?
Lord Parkinson of Whitley Bay (Con)
It is similar but different. We have not consulted the other parties on this issue, not least because my department does not have direct responsibility for the regulation of political advertising—that falls to others. Of course, we work across government on these issues, but the simple answer to my noble friend’s question is that we have not had that that consultation. On a matter such as this, it is important to do that on a cross-party basis and to try to seek consensus before bringing forward proposals, particularly in an election year.
Baroness Thornton (Lab)
To clarify that, does that mean that the Government intend to have this consultation with the political parties about paid political advertising; in other words, are the Government thinking that they would like to change the rules and regulations?
Lord Parkinson of Whitley Bay (Con)
No, although if the other parties wish to talk about the matter which my noble friend has raised through his amendment, I am sure we would be happy to do so. However, without that consultation and cross-party conversation on it taking place, I would be wary of proceeding with it in the Bill.
Lord Lansley (Con)
I am sorry to interrupt my noble friend again but as we are in Committee, perhaps I might be allowed just to press the point. Time is of the essence here. This is the Media Bill, and we anticipate that it should be enacted before the election. It could be brought into force before an election. We know that ITVX is in this position of providing what will be tier 1 services under the Bill, and that it has not excluded that it might take paid political advertising. That is quite a significant place for a public service broadcaster operating an on-demand programme service to place itself in. Is my noble friend saying that the Government are happy for this to happen, they are content for this to happen, or that they are simply not willing to do anything to stop it happening?
Lord Parkinson of Whitley Bay (Con)
My noble friend’s second interjection allows me to clarify an important point on timing. If he intends for this amendment to be in effect before the next general election, I must say to him that that is highly unlikely. Even if cross-party consensus were reached swiftly and changes were made to the Bill, the provisions in Schedule 5 would come into force only following the drafting and implementation of the video-on-demand code, which is unlikely to happen before the next general election. He has raised an important issue, on which there needs to be cross-party consultation and consideration before anything is brought forward but, even if that happened very swiftly, it would be unlikely to be in place before the next general election. It is important to remember also that, during regulated election periods, campaigners are subject to campaign expenditure limits when promoting paid political adverts, which further protects the level playing field between campaigners, both online and offline.
Finally, Amendment 44, also in the name of my noble friend, would allow the Secretary of State to consider the purchaser’s commitment to the video-on-demand standards code in a media merger case involving a broadcaster. While I agree with his intentions of ensuring sufficient protections for audiences, I hope that I can reassure him that this is already sufficiently covered in the Bill, in particular and elsewhere. The Secretary of State already has powers under the Enterprise Act 2002 to intervene in media mergers on the basis of a need for high-quality broadcasting and a commitment to broadcasting standards more widely. In addition, the Bill gives Ofcom the necessary tools to regulate video-on-demand services, including information-gathering and enforcement powers. Similar statutory sanctions such as financial penalties that can be applied to linear broadcasters by Ofcom will also be available to apply to on-demand services. So, for these reasons, I do not think his Amendment 44 is needed.
Baroness Thornton (Lab)
My Lords, I thank the Minister for his answer. I am quite glad that I waited to make my comments until I had heard what the Minister and other noble Lords had to say when speaking to their amendments, particularly the noble Lord, Lord Foster.
Let us first dispose of the probing amendment that leads this group. We have here a moving scenario about subtitles and we are just going to have to keep watch on that, because clearly the generations to come like subtitles on their television sets or whatever devices they are using. That is interesting, and I look forward to further research into how that might support educational purposes. I think we would all want that to happen. Some of the stakeholders have explained to me that the technology does not exist to do it easily.
Regarding the other amendments in this group, the noble Lord, Lord Lansley, has surfaced several very important questions. In terms of political advertising, on this side we are not looking to have any consultation on this, but we were seeking some clarity about whether there was a loophole in this Bill—the noble Lord, Lord Lansley, used those words—for the future. That question is still not answered, so we will need to watch that.
The main issue that these amendments, particularly Amendment 70, tabled by the noble Lord, Lord Foster, brought forward concerns robust regulators and scrutiny. What I am taking away from this debate is that there are questions about how Ofcom has conducted itself in recent times. Questions have been raised about how robust it is being, and about impartiality and those sorts of issues, and therefore the confidence that we need to have in Ofcom as we move forward with this piece of legislation. However, we will be coming on to that in later groups. The noble Lord, Lord Foster, put the case extremely well. We thought that his amendment, on the face of it, seemed a rather sensible move, so I suspect that we will return to discuss this issue in due course. I beg leave to withdraw my amendment.
(i) in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and(ii) in relation to a financial penalty imposed under subsection (1) or (2),””Member’s explanatory statement
This amendment specifies the method for determining the maximum financial penalty that OFCOM may impose under section 102(A1) or (B1) of the Broadcasting Act 1996.
Baroness Thornton (Lab)
The right reverend Prelate is nothing if not consistent. He has been raising what “appropriate” means in the Bill from the word go.
This group of amendments, and the debate which we have just had, is in many ways at the heart of the Bill. At its heart is the issue of our public service broadcasters as the cornerstone of our broadcasting sector in the UK, investing, as they do, billions of pounds in original productions and creating content that is trusted, valuable and entertaining for UK audiences. In return for the high standard of programming and investment that public service broadcasters provide, their channels have been made easy to find on linear television sets—to the benefit of audiences across the country. However, amid rapid changes in how viewers access television and content more generally, the prominence regime, which has not been updated for decades, is at increasing risk of becoming diluted and outdated.
It seems there are two major issues. First, public service broadcasters are in danger of being cut out of view, as noble Lords have said in this short debate, as global content players and platforms strike international deals with online platforms for prominence. Secondly, as a result, our public service broadcasters are at risk of being forced to concede increasingly material percentages of their revenue to those platforms simply to appear on them.
In this situation, it seems that almost everybody loses out—from audiences to the wider UK production economy, even the platforms themselves, which might find themselves in a position where they cannot promote the content that UK viewers most want to see. A new prominence framework for the digital era, therefore, was always going to be crucial. These amendments address how prescriptive such a new regime should be in legislation.
We on these Benches welcome that the Government have avoided explicitly spelling out what prominence looks like in the Bill or making primary legislation restrictive or resistant to future changes in technology and behaviour. Instead, we endorse a principles-based approach based on finding mutually beneficial carriage deals between what are branded “designated internet programme services” and “regulated television selection services”, with Ofcom able to provide a framework in which those negotiations can operate. Ofcom must show that it can and will undertake this important duty as a regulator. There must be strong dispute resolution and enforcement powers for Ofcom, including the ability to impose significant penalties as a result of non-compliance. That allows for maximum flexibility in both legislation and negotiations, as well as proper protections where agreements cannot be reached. It also allows for the regime to be expanded where necessary to capture new technology via which people might be watching television content. Platforms and PSBs have a history of successful negotiations, creating mutually beneficial deals and partnerships that it would be counterintuitive for the prominence regime to undermine.
We support the drafting, but we seek some clarity on the requirement to secure “appropriate” prominence. This was a major topic of discussion during the pre-legislative scrutiny process, with the majority of PSBs calling for this to be upgraded to “significant” prominence. The arguments were based mostly on the differences between linear and digital streaming landscapes.
I invite the Minister to provide a full response to the legitimate argument for “significant” prominence, and to outline the reasons why the prominence requirement has not been upgraded. What conversations have been had with Ofcom on how the detail of the regime will be set out in the code of practice to ensure that it meets its aims? We will need a strongly empowered Ofcom if the Bill is to succeed.
The BBC has consistently called for the possibility of including remote controls and multi-use devices in the prominence regime. I know that its latest thinking is that electronic programme guides could be given prominent buttons on remotes, rather than one PSB in particular. Though we are all keen to see this legislation on the statute book, our aim is that we fully seize this once-in-a-generation opportunity to ensure that public service content is easily findable in the digital age. The Minister must assure us that that can be achieved and tell us how.
Lord Parkinson of Whitley Bay (Con)
My Lords, the introduction of the new online prominence framework is arguably the most important change that the Bill brings about in terms of ensuring that high-quality public service content remains available and easy to find online, and in helping to secure the future sustainability of the public service broadcasting system in the UK, of which we are so proud.
I will speak briefly about government Amendments 48 and 49 together. These amendments are to ensure consistency with Part 3A of the Communications Act 2003 in how the Bill describes the content and channels contained within the internet programme services that may be designated by Ofcom. These are technical amendments and I hope noble Lords will support them.
I now turn to the other amendments in this group that noble Lords have spoken to. The duty on regulated television selection services to give prominence to designated services goes to the very heart of the regime, so I understand why many noble Lords have strong views on this—as we heard today and at Second Reading—and why they are keen to ensure that the drafting delivers sufficient prominence for our public service broadcasters.
Amendments 46 and 47 seek to amend the duty on platforms to give designated services “appropriate” prominence to “significant” prominence. I can reassure noble Lords that a lot of careful consideration has gone into the exact wording used in relation to this duty on discoverability. We have consciously designed the new online prominence framework to ensure that it strikes the right balance between ensuring that important public service content is easy to find online and ensuring that regulation is operable and proportionate.
As I made clear on Second Reading, there is a reason why we chose to use “appropriate”—it is a well understood term that has been delivering effective prominence for our public service broadcasters in relation to linear broadcasting for two decades now. It is the term used in the Communications Act so is understood in this context, even if etymologically—lexicographically—we may continue the debate. We remain of the view that “appropriate” is the right descriptor for prominence and that any amendments to the drafting—including removing “appropriate” or changing it to “significant”—could have unintended consequences for the overall user experience. It is not the intention of the new framework to restrict innovation or undermine customer choice or personalisation, for instance.
Baroness Thornton (Lab)
I agree with what the noble Lord, Lord Lansley, said about the group being “miscellaneous”. It suggests it is a bit of a hotchpotch when, in fact, the noble Lord has already asked some very pertinent questions, which my noble friend’s Amendment 54A asks as well. It intends to probe the Government’s intentions to address digital exclusion relating to access to television. Quite a few of the stakeholders raised this issue with us as we prepared for this Bill; I think they will have done with other noble Lords as well.
The amendment asks the Secretary of State to
“prepare and lay before Parliament a report on the impact on the UK economy of addressing digital exclusion”,
including,
“an assessment of the impact of current and future levels of digital exclusion”
and
“an assessment of the likely costs of delivering a programme to … drive uptake of internet connectivity”—
an issue we have discussed in the House on many occasions—
“and digital devices to support access to television and … provide suitable support for skills development for those who need it in order to access television services”.
If the Bill is about the future and what might happen, we also have to address the fact that there will be millions of our fellow citizens who will not have access in different ways. We need to take account of that and work out how best we can approach it. That is what the amendment is about.
With his Amendment 45, the noble Lord, Lord Lansley, raises issues about how we look to the future to ensure that the Bill is comprehensive and covers the issues that need to be covered when preparing the standards code.
Lord Parkinson of Whitley Bay (Con)
My Lords, “miscellaneous” is certainly one of those words that we use in your Lordships’ House and mean all manner of things by it.
I am grateful to my noble friend Lord Lansley for his Amendment 45, which probes the Bill by seeking to amend the Communications Act 2003 to require Ofcom to consult those interested in news content provided by broadcasters in any format before setting broadcasting standards. As he set out, this aims to reflect the shifts we have seen in recent years towards digital news consumption. However, the Government do not believe it is necessary to make changes such as these to the requirements on Ofcom, which would blur the lines between the regulation of television on the one hand and the regulation of the press on the other. That is because we do not intend to amend the regulation of the press or of broadcast news content.
We are committed to protecting media freedom and the invaluable role of a free press in our society and democracy. As part of this, we are committed to upholding independence of the press and taking steps to preserve the existing system of self-regulation. That is why we are repealing Section 40 of the Crime and Courts Act, and why we acted, through the Online Safety Act, to preserve the ability of readers to access recognised news publishers’ content online. The world of television is naturally different. For almost a century, what we have seen on the small screen has been underpinned by a clear set of broadcasting standards. This is something that UK audiences have come to know and value.
In a sense, this amendment addresses one potential boundary issue: the treatment of news websites, and in particular those run by broadcasters themselves—into which category are they to fall? Our considered view is that, in general, such websites are the digital extension not of television but of newspapers. A number of factors point towards this, not least that they are text-based and, in sharp contrast to teletext, rarely accessed from a television set. Viewed in this way, it is clearly inappropriate to apply the Broadcasting Code to them. I thank my noble friend for his probing amendment, but I hope I have reassured him why we do not need to add it to the Bill.
I thank the noble Lord, Lord Bassam of Brighton, and the noble Baroness, Lady Thornton, for Amendment 54A, and for starting an important debate on digital inclusion as it relates to television. I agree with them that it is essential that access to high-quality television is universal and should not be dependent on having a high level of digital skills. In previous debates on this Bill, we have already discussed the importance of ensuring that nobody is left behind. I hope I was able to reassure noble Lords that the Government have guaranteed the provision of digital terrestrial television until 2034 at least, and that to turn off this technology would require primary legislation. We know that a key benefit of this technology is how easy it is to use, and we will continue to protect the millions of households that rely on it.
Member's explanatory statement
This amendment and my amendment to Clause 28 at page 44, line 13, are minor drafting changes.
“1A In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “137A” insert “, 362AG(7), 362AW”.”Member's explanatory statement
This amendment adds a consequential amendment relating to Clause 28.
Lord Parkinson of Whitley Bay (Con)
My Lords, Clause 31 forms an essential component of our plans to support Channel 4’s long-term sustainability so that the channel remains an important and distinctive part of our broadcasting system for many years to come. It is always a pleasure to hear praise from the Benches opposite for the legacies of the Thatcher Governments.
The publisher-broadcaster restriction, as set out in Section 295 of the Communications Act, is unique to Channel 4 and prevents it from being involved in the making of programmes for the Channel 4 service, except to such an extent as Ofcom may allow. As a result, Channel 4 is significantly more dependent on advertising revenue than other commercial broadcasters—a point that we have touched on, as the noble Lord, Lord Bassam, rightly reminds us, in the debates that we have had on alternative means for securing money for the channel’s long-term sustainability. In particular, two-thirds of Channel 4’s revenue comes from linear television advertising, the market for which is both highly cyclical and in long-term structural decline because of the declining number of people watching linear television.
In response to these challenges, last year the Government announced a package of reforms that would help to support Channel 4’s long-term sustainability while retaining it in public ownership. The removal of the publisher-broadcaster restriction is a key element of that package that will open up opportunities for Channel 4 to further diversify its revenues away from advertising by making its own programmes, should it choose to do so. The Government undertook an assessment of the impact of that and published it on GOV.UK. We will happily direct the noble Lord and others to that so that they can see the assessment that we set out when bringing the package of mitigations forward.
I understand the concerns set out by the two noble Baronesses about how the change might affect Channel 4’s support for the independent production sector across the UK, which were also raised when this issue was discussed in the other place, and we touched on it in our first group of amendments today. That is why, when we announced our intention to remove the restriction, we were clear that we would work closely with the production sector to ensure that Channel 4’s important role of driving investment into the sector would be safeguarded. The outcome of that work was a substantial package of mitigations that we announced in November, some of which, such as the introduction of new Channel 4 commissioning duties and an Ofcom-led review, are included in the Bill. Those mitigations, which also include increasing the level of Channel 4’s independent production quota, will be implemented in the event that Channel 4 incorporates a production company.
Channel 4 itself has welcomed the removal of the restriction and has said that in-house production could offer good long-term support for financial sustainability, while reaffirming its commitment to continue to invest in and champion independent producers, as it has done for the last 40 years. Ultimately, a stronger and more resilient Channel 4 will be best placed to continue playing its integral role in our broadcasting ecosystem for many years to come. By contrast, failing to remove Channel 4’s publisher-broadcaster restriction would mean passing up an opportunity to help it to deliver on that important ambition. That is why Clause 31 is an important clause and should stand part of the Bill.
Lord Bassam of Brighton (Lab)
What sort of costs does the Minister anticipate the channel will face in setting up its own production company? Has any estimate been made of that? What discussions have the Government had with the company to ensure that it can secure that in the most cost-efficient way?
Lord Parkinson of Whitley Bay (Con)
I have no estimate of my own, but I will happily find out and provide the noble Lord with any estimates that have been made.
“21A In section 39 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—(a) omit ““S4C” and”; and(b) omit “each”.”Member's explanatory statement
This amendment and my amendment to Schedule 4 at page 134, line 18, add consequential amendments relating to Chapter 2 of Part 3.
Baroness Thornton (Lab)
My Lords, Amendments 67 and 69 are in my name on the Marshalled List. Amendment 67 would add signposting measures to the audience protection measures which Ofcom must review under new Section 368OB of the Communications Act 2003. Amendment 69, in common with the amendments that have already been spoken to, would require Ofcom to consider whether age-rating systems used by a tier 1 service meet a set of minimum standards.
My amendments are very similar to those tabled by the noble Lord, Lord Storey, and the noble Baroness, Lady Benjamin. The key to our amendments and those of the noble Lord, Lord Bethell, is the need for us to be consistent in the way that we deal with children and age rating, so that systems are easily understood by parents and fulfil the standards that we have in this country about child protection, wherever it is. The Minister will be aware of all this, since he lived through the Bill that is now on the statute book as the Online Safety Act.
I was slightly surprised when I received a briefing which was signed by many of the stakeholders in this area—a number of companies, but it also included the PSBs. It made an argument against the three sets of amendments that have been put down. I was rather struck by this—I think they were a bit naughty in this briefing, in my view. For example, they included the public service broadcasters, which are not affected by this; this is absolutely not relevant to them. I would like the Minister to confirm that that is absolutely the case: this is not about their content at all.
The briefing also makes various statements about the commitment that many of the companies have to collaborating with Ofcom during the passage of the Bill, but that they want to take into consideration “audience research Ofcom conducts”. If it is the case that these companies are all committed to this then I can think of no reason why they would object to the minimum standards that we have put in our amendments being in the Bill. We are not saying that they should necessarily adopt the BBFC standards; what we are saying is that they need to show that their age ratings are comprehensive, understandable and sensible.
Some of these big beasts, if I might call them that, which have objected to this are doing it because they are big beasts. Frankly, I am unimpressed by that. We know, for example, that the same thing happened when New Zealand was dealing with this issue. But guess what? They are all complying with minimum standards there and it does not seem to have been a problem. If they can do it in New Zealand, I cannot see any reason why we would not be able to do it in this country.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am in complete agreement with the noble Lords who have spoken about the need to protect children and vulnerable audiences from the harmful and inappropriate video on demand content to which they might be exposed. We are aware of the strength of feeling in your Lordships’ House and elsewhere on the need to ensure that the protection measures used by on-demand services are robust, and that providers are rightly held to a high standard when delivering them.
This is a key issue that the Bill will address by bringing mainstream, TV-like on-demand services in scope of a new video on demand code. The code will be drafted and enforced by Ofcom, which has a long track record of regulating broadcast television to ensure that it is age-appropriate and protects the most vulnerable. Ofcom will also be required to conduct reviews of the audience protection measures being taken by all on-demand services, whether or not they are subject to the new code. I can reassure noble Lords that the concerns raised today are already well covered by the Bill as drafted. Ofcom will be given extensive powers to set standards, assess video on demand services’ audience protection measures, and take action that it considers appropriate. If audiences are concerned, they can complain to Ofcom and the regulator can, in the most serious cases, apply sanctions, such as financial penalties, or even restrict access to that service in the UK.
Amendment 67 would add
“information about where viewers can seek help and further resources if they have been affected by content”
to the non-exhaustive list set out in new Section 368OB(4), a subsection which provides examples of audience protection measures. I agree that signposting audiences in this way is an important measure that all services should consider using where appropriate. I am pleased to say that many already do. However, the Bill already fully enables Ofcom to review or provide guidance on any such measures. The Bill, as drafted, purposely provides only a non-exhaustive list of measures that Ofcom can consider. As a result, it enables Ofcom to take into account anything it considers appropriate, which can of course include signposting.
Amendments 57 and 69 look to set specific standards for services that use age ratings—namely, that age ratings are consistent, recognised by UK audiences, based on transparent standards and
“informed by regular consultation with the … public”.
Let me be clear: the Bill already gives Ofcom the power to set these standards, and others, through its new video on demand code. It will rightly do that through consultation with audiences, providers and interested organisations such as the British Board of Film Classification. Ofcom must keep those rules under constant review, so that they can be adapted to take into account changes in audience expectation and technological change. In our view, the important thing is to ensure that effective protection is in place, rather than necessarily specifying as a matter of statute that systems have to be provided in a certain way or by any single or specific organisation.
Amendments 61 to 66 take this quite a few steps further by proposing an Ofcom certification scheme for those services which want to use age ratings but choose not to use the BBFC’s system. My concern is not only that this puts another responsibility on Ofcom but that it could actively discourage providers from using age ratings at all to avoid the need to get such measures certified.
I appreciate, as my noble friend Lord Bethell set out, that he has updated his amendment following dialogue with a number of companies to provide a new option for existing linear broadcasters: reliance on the Broadcasting Code when age-rating their content. This creates challenges of its own, given that the Broadcasting Code contains very little information on age ratings as they are rarely used on linear television. It is also unclear why, if the aim is for a consistent set of standards, some tier 1 providers should be treated differently from others in this way.
Finally, Amendment 60 places an obligation on Ofcom to consult the BBFC every time Ofcom considers a revision of the video on demand code. Such an obligation would be unnecessary and potentially inappropriate. While the BBFC has some interest in the issue of age classification, the scope of this amendment would include areas where it has little or no expertise—to give a topical example, it would include due impartiality in news. I reassure noble Lords that Ofcom is already obliged to consult widely with appropriate organisations. We are satisfied that Ofcom and the BBFC already have regular conversations on a number of issues.
“(2) In section 393 of that Act (general restrictions on disclosure of information), in subsection (6), after paragraph (aa) insert—“(ab) limits the information that may be published by OFCOM under section 368OB;”Member’s explanatory statement
This amendment adds a consequential amendment relating to Clause 38.
Community Sports: Impact on Young People
Lord Parkinson of Whitley Bay Excerpts(2Â years, 4Â months ago)
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The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I thank the noble Lord, Lord Wood of Anfield, for securing this excellent debate and the brilliant way in which he kicked it off.
I congratulate and welcome the two noble Lords who made their maiden speeches; we were delighted to hear from them both. The noble Lord, Lord Hannett of Everton, already has the measure of the less partisan debates that we have in your Lordships’ House, with his carefully judged and diplomatic comments on the fraught politics of Liverpool derbies. He spoke proudly and powerfully about the community work undertaken by Everton Football Club. The noble Lord, Lord Shamash, gave us some red-blue clashes, but only in connection with the football clubs of Manchester. He also gave us a rare example of a maiden speech from a life Peer that was able to refer to his noble kinsmen and to some 19th-century lineage. We enjoyed both speeches and look forward to hearing from both noble Lords in the future.
Millions of people across the country play, watch and enjoy sport every day. As noble Lords mentioned, it is central to our national identity and to the identities of communities across the country. The benefits of participating in sport and physical activity are well known: an active life is a happier, healthier and more prosperous life. Being active promotes individual well-being and improves both our physical and mental health. It was good to hear both mentioned in the contributions today.
Being active reduces loneliness, fosters social cohesion and strengthens our communities. A more physically active nation can help to ease the pressure on front-line services such as our National Health Service, and research commissioned by Sport England shows that, for every ÂŁ1 invested in community sport and physical activity, there is a return of almost ÂŁ4 in wider social and economic value. I was glad that the Motion that the noble Lord brought before us focused on both the social and economic contribution that sport makes to society.
That is why His Majesty’s Government are committed to ensuring that everyone, no matter their age, background or ability, is able to play sport and be active. A robust and high-performing sport sector is also immensely valuable to our economy, contributing almost £49 billion a year in gross value added and providing over half a million jobs.
The government sport strategy Get Active, published last summer, sets out our ambition to build a more active nation and our vision to ensure that the sector can thrive in the years ahead. It commits us to helping 2.5 million more adults and 1 million more children meet the Chief Medical Officers’ physical activity guidelines by 2030. In addition to this national ambition, we have also committed to specific goals aimed at groups of people identified as among the least active. Get Active also sets out our desire to ensure that our country has a sport and physical activity sector which is efficient, resilient, financially robust and environmentally sustainable and which effectively protects and supports everyone who wants to play sport.
While my department holds the remit for sport, it is the responsibility of many departments and organisations across government and beyond to support that shared ambition to shift the dial on physical activity. That is why we have set up the National Physical Activity Taskforce, to bring together government departments, the sport sector and independent experts, to deliver co-ordinated and innovative policies that will encourage people to be more active. Regular physical activity can help prevent and manage over 20 chronic conditions and diseases, including some cancers, heart disease, type 2 diabetes and depression, vitally easing the pressure on our health services. Physical inactivity is associated with one in six deaths in the UK and is estimated to cost the UK ÂŁ7.4 billion annually, including about ÂŁ1 billion to the NHS alone. Increasing physical activity can therefore deliver cost savings for the health and care system as well as the obvious benefits to the lives of individual people.
In England, one in three children leaving primary school is overweight or obese, with one in five living with obesity. In total, obesity costs the National Health Service around ÂŁ6.5 billion a year. With a direct link between a lack of physical activity and obesity, there is a clear benefit to encouraging physical activity in our children, particularly, as noble Lords mentioned, if these habits are maintained into adulthood. Research suggests that active adolescents who maintain this good habit into adulthood have a lower risk of cardiovascular disease, and better mental health.
We provide the majority of support for grass-roots sport through our arm’s-length body, Sport England, which receives £323 million in funding from the Exchequer and the National Lottery each year. Sport England’s work is focused on tackling disparities in participation and increasing opportunities for those in greatest need. One of Sport England’s partners is the Active Partnerships network, which exists to create a healthier nation by funding and enabling levelling-up opportunities for participation in sport across the country.
At least 75% of Sport England investment is being committed to areas of the country with the lowest levels of physical activity and social outcomes. It funds work spanning established sports such as football and netball, as well as newer sports and activities such as padel, dance and BMX, which extend their reach to wider audiences. We will continue to monitor how money is spent, to gather data to show its impact at a local level and to work with Sport England to include specific key performance indicators to decrease inactivity, particularly among underrepresented groups.
We heard from noble Lords about a range of sports. The noble Baroness, Lady Nye, gave a powerful case study of golf. I am pleased to say that one of the special advisers with whom I had the pleasure of working at DCMS, Mr Robert Oxley, now works for the R&A doing great work to champion many of the benefits that the noble Baroness extolled in her contribution. My noble friend Lord Hayward spoke very powerfully about the value of sports teams—to everybody, including marginalised groups. Like the noble Baroness, Lady Thornton, I wish all those taking part in the Bingham Cup in Rome next weekend all the best.
I was very glad that the noble Lord, Lord Drayson, mentioned motorsports, including Formula 1, which is the sport that I follow most keenly. Fans across the UK were delighted to see Lando Norris secure his first win, in Miami. We hope that it is the first of many. I was glad that the noble Lord also mentioned Earl Howe, winner of Le Mans and inaugural president of the British Racing Drivers’ Club, which still owns and operates Silverstone, the home of the British Grand Prix. I hasten to add that this was the fifth Earl, not my noble friend the current Deputy Leader of the House, whose own achievements are manifold.
The Government are particularly focused on how we can support our children and young people to be more active. Participation in school sport has significant well-being benefits, improving young people’s mood and confidence, as noble Lords noted, as well as having a positive impact on their work and behaviour in school. The Government want all school pupils to have access to high-quality PE, school sport and physical activities. Quite simply, experiences in school have a significant impact on young people and can inspire a lifelong habit of being physically active.
PE is a compulsory subject in the national curriculum from key stage 1 to key stage 4. It may be the only exposure that some young people get to organised physical activity. As my noble friend Lady Sater mentioned, the Government continue to fund primary PE through the sport premium. Last year, we confirmed over ÂŁ600 million of investment in the PE and sport premium for this academic year and next, helping primary schools to deliver high-quality PE and sport provision for their pupils.
Alongside community sports facilities, facilities on school sites represent an important resource for pupils and their families. Last year, the Government confirmed that up to ÂŁ57 million was being made available to support schools to open their sporting facilities beyond the core day, at weekends and in school holidays. As of last month, over 1,400 schools across England are taking part in the programme, and funding has been targeted where it will have the most positive impact.
The Government also support sport and physical activity outside the school term through the Department for Education’s £200 million investment in the holiday activities and food programme. Last summer, that programme reached over 680,000 children and young people across each of the 153 local authorities in England.
The Government are acting to deliver the right facilities that communities everywhere need across the UK. Our direct investment is delivered mainly through three major programmes. The ÂŁ327 million multisport grassroots facilities programme provides funding to create and upgrade up to 8,000 football and multisport facilities across the UK. It is not just football focused; 40% of our projects will deliver facilities that can support multiple sports. The noble Lord, Lord Wood, referred to tennis courts in his opening speech; our ÂŁ21.9 million park tennis court renovation programme aims to renovate over 3,000 public park tennis courts to a playable standard, across Scotland, England and Wales. Our ÂŁ60.8 million swimming pool support fund supports public swimming pool providers in England with immediate cost pressures to make their facilities sustainable in the longer term.
The Government recently announced an investment of £35 million to extend the England and Wales Cricket Board’s primary and secondary schools programme and to deliver the construction of 16 new cricket domes in places connected with the hosting of the women’s and men’s T20 World Cup. This investment builds on existing investment from Sport England to support children from lower socioeconomic groups to get active. Further details on the location of the new domes and the targeting of funding will be announced in due course.
The Government proudly have a manifesto commitment to maintain the UK’s world-leading reputation for hosting major sporting events, which we know deliver a range of benefits across the whole country. For example, we have just published the final evaluation report into the Birmingham 2022 Commonwealth Games, which concludes that around £1.2 billion of GVA was added to the UK economy as a result of those Games. There was a 6% increase in visitor numbers to Birmingham that year and a 27% increase in foreign direct investment projects in the West Midlands. I commend the leadership of the outgoing Mayor of the West Midlands, Andy Street, for that and in many other regards.
The Lionesses’ fantastic performance at the European Women’s Championship two years ago truly inspired the nation, with a record-breaking crowd of over 87,000 people attending the final and more than 23 million people across the UK tuning into the BBC’s coverage. It is essential that we take the opportunity to build on the success and legacy of the team to secure a long-lasting and sustainable future for the women’s game.
A UK Sport report found that sporting events staged here in 2022, excluding the Birmingham Commonwealth Games, had a direct economic impact of £132 million, supported 1,600 jobs and had a 6:1 return on investment. The same UK Sport report also found that 83% of Britons are proud that the UK hosts major sporting events, with 70% saying that watching or attending major sporting events has a positive impact on their happiness. This year sees the return of the UEFA Champions League final to Wembley, as well as the World Indoor Athletics Championships in Glasgow, which took place in March, and next year sees the Women’s Rugby World Cup coming to our shores.
The noble Lord, Lord Monks, asked about the listed events regime, which exists to ensure that as wide an audience as possible can access and enjoy sport. That, of course, has to be balanced against the ability of rights holders to reinvest in their sport at every level to encourage more people to play it. As the noble Baroness, Lady Grey-Thompson, advertised, she has amendments to the Media Bill on this topic, which we will debate on Monday afternoon.
This is also an Olympic year, of course. UK Sport has invested £382 million of funding from the Exchequer and the National Lottery in the Paris Olympic and Paralympic Games. The investment of public money in Olympic and Paralympic sport allows UK athletes who have the potential to achieve at the highest level on the world stage to train full time and focus fully on achieving their sporting potential. We support UK Sport’s ambition for our teams to remain in the top five of the medal tables of the Olympic and Paralympic Games in Paris this summer.
As well as making us all so proud, Olympic and Paralympic sport drives economic growth. In 2017, the GVA of Olympic and Paralympic sports in the UK was almost £25 billion. This means that Olympic and Paralympic sport generates 1.3% of GVA, making it a larger contributor to the UK economy than, for instance, agriculture, forestry and fishing. Two-thirds of the British public say they have been inspired by the success of our Olympic and Paralympic teams, and 40% of these people say that, as a result of being inspired, they have been motivated to do more physical activity themselves. Success in Olympic and Paralympic sport is a superb advert for the UK on the world stage, and our athletes’ success showcases the UK at its very best.
Of course, getting moving is not confined to playing sport. As my noble friend Lord Effingham set out, people can get fitter and healthier through increased walking and cycling in their daily lives. This year, Active Travel England announced ÂŁ101 million of government funding for high-quality walking and cycling routes. This will unlock sustainable transport options for millions more people across England and give people the choice to travel safely on foot or by bicycle. The importance of active travel in increasing physical activity in children is highlighted in the school sport and activity action plan, which was updated in March. For example, the Bikeability programme has already helped over 4 million children in schools and community settings to learn how to cycle safely. Through our national physical activity taskforce, we are committed to supporting the Department for Education, the Department for Transport and Active Travel England to deliver initiatives to increase active and safe travel to school, such as the Daily Mile, which my noble friend mentioned.
I echo the words the noble Baroness, Lady Thornton, gave in tribute to the volunteers who facilitate so much sporting and physical activity across the nation—my noble friend Lord Hayward mentioned his referee’s tie. All achievements in sport are facilitated by the coaches and trainers, and the mums, dads and guardians who provide the lifts, wash the kits and cheer from the sidelines. It is right that their contribution should be remembered today.
In expressing my gratitude to noble Lords who have taken part in this debate, I note that I was struck by the unanimity of spirit: I think we all agreed that sport and physical activity forms an essential part of our society and is vital to improving the health and well-being of the nation. I hope that my response this afternoon has demonstrated that His Majesty’s Government remain committed to helping make physical activity an essential part of everyone’s daily life. The more active we are, the stronger and healthier our communities and economy, and the more prosperous our society. I am very grateful to the noble Lord, Lord Wood, for reminding us and others of that today.
Zoological Society of London (Leases) Bill
Lord Parkinson of Whitley Bay ExcerptsFriday 10th May 2024
(2Â years, 4Â months ago)
Lords ChamberRead Full debate Zoological Society of London (Leases) Act 2024 View all Zoological Society of London (Leases) Act 2024 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 19 April 2024 - (19 Apr 2024)
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I too thank my noble friend Lord Randall of Uxbridge and congratulate him on bringing forward this short but very important Bill. In opening, he declared some of his interests. He is a long-standing and passionate supporter of the other species with which we have the privilege to share our planet. That is something he showed throughout his time as a Member of Parliament in the other place, and which I had the pleasure of witnessing when I worked with him in 10 Downing Street when he was a member of the Policy Unit under Theresa May. It is reflected in his choice of neckwear today—if I spot it correctly, those are giraffes on his tie—in his Twitter handle, where he tweets as @uxbridgewalrus, and in his coat of arms, which contains a splendid heraldic joke. He is a keen ornithologist and, with self-deprecating humour, has included a bearded tit on his coat of arms.
I thank my noble friend for stewarding this Bill and for the way he introduced it. This is also an opportunity for me to echo the thanks that have been paid to my honourable friend the Member for Harrow East, Bob Blackman MP, who championed the Bill in another place, working with my honourable friend Julia Lopez, the Minister for Media, Tourism and the Creative Industries.
Noble Lords might wonder why it falls to me as Minister at DCMS to respond, rather than a Minister from Defra. My department’s interest in this Bill lies in the location of London Zoo, within Regent’s Park, the site on which the extension of the maximum lease term that the Bill seeks will be enacted. Regent’s Park is under the management of the Royal Parks, which are sponsored by my department. Ultimately, the Royal Parks are owned by the Crown, and responsibility for them lies with the Secretary of State for Culture, Media and Sport.
Under Section 7 of the Crown Estate Act 1961, the maximum lease term that may currently be granted to the Zoological Society of London is 60 years. As noble Lords have pointed out, this Bill seeks a small amendment, extending that to 150 years. It does not guarantee an automatic extension and it will not affect other parts of Regent’s Park.
Establishing the mechanism for a longer lease term will bring the Zoological Society of London in line with other, similar organisations. The noble Baroness, Lady Bakewell of Hardington Mandeville, rightly referred to the Bill brought before Parliament in 2019, which extended the maximum allowable lease for the Royal Botanic Gardens in respect of land in Kew Gardens from 31 years also to 150 years.
The Zoological Society of London’s lease was most recently renewed in 2021 for the current maximum term of 60 years, which would take it to 2081. However, as a well-managed and forward-thinking organisation, it wishes to further extend the maximum lease term in order to secure the longer-term investment needed for the continued development of its historic, important and much-cherished site.
The proposed change is uncontroversial, as has been reflected in the debate today, and will have a positive impact on the organisation. The extended lease term would enable the organisation to build its resilience, develop strategic relationships and increase the scope for potential commercial and philanthropic partnerships to support its growth long into the future.
We have heard from the Zoological Society of London that the impact of its work is currently being curtailed by the legislation that restricts the lease. The extension of the lease will allow key partnerships to be activated, which will help further unlock the society’s aims to offer immersive and accessible ways to connect people with nature, and to give the animals in its care the safest, most stimulating and natural environments.
The society’s impact extends beyond the premises in which it is based. London Zoo is an important and unique part of our capital’s heritage, culture and tourism. It is the capital’s 10th most visited attraction, contributing over £24 million annually to London’s economy and over £54 million to the national economy. It is also the world’s oldest scientific zoo, operating since 1828, and a pre-eminent force in wildlife conservation and biodiversity. The society works around the world, in regions as varied as Polynesia, India, Mongolia, the Caribbean and, as my noble friend Lord Camoys eloquently set out, Nepal.
In addition to the world-leading research and conservation science carried out by the 140 scientists in its Institute for Zoology, the organisation’s work protects and restores wildlife in 69 countries, from hazel dormice to the critically endangered European eel. In the coming months, London Zoo will return the previously endangered Guam kingfisher back into the wild, and recently, as my noble friend Lord Bethell pointed out, three endangered Asiatic lion cubs were born at the zoo. Neither they nor my noble friend’s own offspring could be described as “horrible”.
The zoo’s conservation of native UK species includes running oyster nursery projects, which a number of noble Lords mentioned, monitoring wild shark populations off Wales, the mapping and promotion of conservation strategies for hedgehog populations across London, and mapping species in the River Thames.
Since its opening, the zoo has achieved many firsts, including the first reptile house, public aquarium, insect house and children’s zoo. I think that is a zoo for children to enjoy, rather than be kept in. It is a historic asset worth championing and protecting long into the future.
Many of the zoo’s assets, beyond the wildlife, have notable architectural significance. Leading designers have contributed to its built environment, creating a collection of buildings that include two grade 1 and eight grade 2 or grade 2* listed structures. Of these, the penguin enclosure, completed in 1934, designed in the international modernist style by Berthold Lubetkin, remains a cultural icon, hailed as a classic of modernist architecture upon its completion. It featured in an episode of “Agatha Christie’s Poirot”, and recently in the video for a song by Harry Styles. The Snowdon Aviary, designed in 1960, was a pioneering project that would inspire future generations of architects.
Advances in our understanding of animal welfare have shown that many of these structures are, sadly, no longer suitable for their intended purposes, as they were once thought to be. The Zoological Society of London is therefore working hard to reimagine these spaces in new, innovative and sustainable ways, while ensuring that conservation remains at the core of its work and that it continues its important work caring for endangered species. That includes, as the noble Baroness, Lady Thornton, said, the creation of the world’s first campus for nature—a multidisciplinary centre of research and innovation dedicated to protecting biodiversity.
The zoo is also committed to making itself accessible to all. Last year, the introduction of a community access scheme helped families with lower incomes visit the zoo for just ÂŁ3 a ticket. The noble Lord, Lord Evans of Weardale, spoke of its importance to schoolchildren from challenging backgrounds, including those who live nearby. The zoo puts on audio-described tours, sign-language tours and early-opening mornings for visitors with autism and neurodiverse needs. More than 80,000 students visit the zoo each year to learn about wildlife, conservation and the impacts of climate change.
In 2026, the Zoological Society of London will celebrate its bicentenary, and I am sure that noble Lords will wish it success over the next 200 years and long into the future. Looking forward, the society has ambitious plans to modernise and redevelop its site, creating naturalistic, multi-species zones that will allow animals to thrive, as well as this important new biodiversity campus.
It is a pleasure to echo the praise that has rightly been showered upon the zoo today, and to support this small but important Bill, which is part of our work to ensure that the zoo and the Zoological Society of London can carry on their important work for many years to come.
Media Bill
Lord Parkinson of Whitley Bay ExcerptsWednesday 8th May 2024
(2Â years, 5Â months ago)
Lords ChamberRead Full debate Media Act 2024 View all Media Act 2024 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 44-I(a) Amendment for Committee (Supplementary to the Marshalled List) - (7 May 2024)
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I thank the noble Baronesses, Lady Benjamin and Lady Thornton, for their important contributions on the value of public service media for children.
The noble Baroness, Lady Benjamin, has also personally made huge contributions to this industry, not just through her time as a presenter—I count myself as one of her proud “Playschool” babies—but through her valuable championing of legislation in this space. This is a good opportunity for me to congratulate her on the wonderful news of the BAFTA Fellowship, the academy’s highest honour, which will be bestowed upon her this weekend. It is in recognition, as BAFTA has said, not just for her work on screen but her work in your Lordships’ House and outside it on the legislation that touches these important areas.
I will refer to both noble Baronesses’ amendments together. I strongly agree with them about the importance of ensuring that our children continue to have access to high-quality, original content which is relevant to their lives. The Government recognise that children’s television has a unique social and educational importance; it can be used to reflect and share our values and to support learning and development in a way that is fun and compelling for young people. My honourable friend Julia Lopez, the Minister for the Bill in another place, also feels passionately about this issue and has spoken about the significant impact that culturally relevant, original British programming can have on our children.
We are, however, aware of the challenges increasingly being faced by the children’s media industry, which the noble Baronesses alluded to. The way that our children are accessing content is changing rapidly, with shifts away from the traditional linear schedule and an almost endless digital library of global content easily accessible to them.
That is why we have included specific measures in the Bill to ensure that original British children’s programming, reflecting the lives of young people here in the UK, remains front and centre of the public service remit. I hope that sends a clear signal about the importance of high-value children’s programming being available to families across the UK on a free-to-air basis.
These updated remit requirements will complement Ofcom’s existing powers relating to children’s content. For example, the work that the noble Baroness, Lady Benjamin, did on the Digital Economy Act 2017 resulted in the introduction of a section to the Communications Act specifically on this topic, allowing Ofcom to publish criteria on the provision of children’s programmes if it sees fit. This is supported by several of Ofcom’s ongoing reporting duties. In this way, the legislation already provides for considered assessment of the provision of the types of valuable content we have debated in this group. As the independent regulator, Ofcom is well placed to consider the broader market and how children are accessing content in an increasingly digital world. Of course, it has the powers given to it through the Online Safety Act, during the passage of which we debated some similar topics. It already has a wealth of experience in this area.
Ofcom’s current duties and reporting will continue to give us an invaluable insight into the challenges faced by the children’s television industry. This will be key to helping both the Government and industry to consider in the round, and in more detail, whether further work is needed in this important area. We will of course do that. In addition to this, as the noble Baronesses mentioned, organisations such as the Children’s Media Foundation have been doing some fantastic work recently to convene industry partners to look to the future and consider these important questions in more detail.
Amendments 12 and 34 would require reviews into children’s access to culturally relevant and age-appropriate original content, and children’s access to public service broadcast content respectively. Given the specific reference to children’s content, which we already have in the Bill, and given the extensive powers that Ofcom has to report and act in this space, as I have mentioned, as well as the updates we have made to allow flexibility to the ways in which the public service broadcasters can fulfil their remits, I am not persuaded that we need the amendments that the noble Baronesses have put forward. I would, however, certainly join them in recognising the importance of high-quality children’s programming, and I am glad for their continued vigilance in this area. I would be very happy to keep talking to them as we continue our scrutiny of the Bill, but I hope I have been able to reassure them that we have tried to cover this already in the Bill as it stands.
Baroness Thornton (Lab)
I thank the noble Baroness, Lady Benjamin, for her wonderful peroration and saying exactly the right things. I thank the Minister for his answer, but I confess to being disappointed, because if this Bill is about future-proofing, then it really does need to address what our children will be doing in the next few years in terms of what they are watching, what they are consuming and what they are hearing. I do not see anything in this Bill that is going to mandate Ofcom to do that kind of exercise of reviewing that. This is about the quality of what our children are viewing, and we certainly are not giving them any guidance on that. There is nothing in this Bill that does that. I do not think so: I have not seen that. That is what this amendment is about.
I am disappointed, and I hope we can continue to talk. Perhaps the conversation needs to be with Ofcom about what it thinks its remit is with regard to children. Perhaps that is the next conversation that we need to have. On that basis, I beg leave to withdraw the amendment.
Baroness Bonham-Carter of Yarnbury (LD)
I was going to speak to these amendments, but they have been so comprehensively covered by the noble Baronesses, Lady Thornton and Lady Fraser, and my noble friend Lady Featherstone that I will just say that I support the amendments and I hope that the Minister has listened and will respond positively.
Lord Parkinson of Whitley Bay (Con)
I thank the noble Baroness for her brevity. I am grateful to the noble Baronesses who have taken part in this debate. I am particularly grateful to the noble Baroness, Lady Thornton, for tabling Amendment 13, which has facilitated an important debate about the provision of linear TV by our public service broadcasters. That is an important aspect of a wider debate about the future of the UK’s television distribution infrastructure.
With regard to linear television, in bringing forward this Bill, we have looked to strike a careful balance between allowing the public service broadcasters to deliver their content more flexibly and ensuring that this continues to suit the needs of audiences across the UK. Indeed, new Section 264(4)(a) of the Communications Act, introduced by Clause 1 of the Bill, requires that, for the remit to be fulfilled, the public service broadcasters must make available content in a manner that satisfies
“as many … audiences as practicable”.
I am glad to say there is an existing requirement on public service broadcasters to deliver a linear service, and they must use this, at a minimum, to deliver their news and current affairs quotas. This is a requirement in primary legislation, which Ofcom is required to report on and enforce. In sum, we know that many viewers still want to receive linear television—for example, over digital terrestrial television, satellite or on a hybrid TV—and the public service broadcasters are required to meet this need. I hope that what I have said today has reassured the noble Baroness that adequate protections for linear television are already in place, and that her Amendment 13 is not needed.
As for Amendment 32, from my noble friend Lady Fraser of Craigmaddie, I know that she has had the opportunity to discuss some aspects of the Bill with my honourable friend Julia Lopez, the Minister in another place, and I am grateful for her engagement on this issue. I know that she and other noble Lords are as keen as we are to ensure that our television distribution infrastructure continues to serve audiences across the UK. Her amendment looks to protect the future of digital terrestrial television, or DTT, the technology that underpins the popular Freeview platform. I am glad to reassure her and other noble Lords that the Government remain committed to the future of DTT. We know that millions of households across the UK rely on it, and we expect that situation to continue over the next decade. That is why we have legislated to secure the continuity of this infrastructure until at least 2034, as she mentioned.
I reassure the noble Baroness, Lady Thornton, and others that this legislative commitment does not mean that DTT will automatically cease in 2034. The framework that supports its provision is set out in law, so even if nothing were done, Ofcom would still be able to re-advertise the multiplex licences, and our public service broadcasters would still be required to continue distributing linear channels over digital terrestrial television. In fact, to turn off DTT, there would need to be specific primary legislation; for example, to revoke the multiplexing regime. Should the Government of the day—who may still be us in 10 years’ time, or who may be somebody else—seek to bring forward such legislation, I have no doubt that your Lordships’ House would want to provide robust scrutiny of it. Given that legal position, my noble friend’s Amendment 32 would have limited effect, but I appreciate that it is also focused more broadly on ensuring that audiences across the UK remain protected and covered, and I am glad to say that that is our focus too.
To ensure that we continue to put audiences at the heart of policy in this area, of course we need to understand how their preferences are changing over time, because as many more people choose to watch some or all of their television online, and as the connectivity that allows them to do so gets better over time, the economic and public policy rationale for supporting DTT changes. That is why my right honourable friend the Secretary of State announced last year a project to consider the future of TV distribution, and it is why, just this morning, my honourable friend the Minister for Media, Tourism and Creative Industries, Julia Lopez, used a speech at the Digital Television Group’s annual summit to provide an update on the progress of this project, including sharing some of the early outputs of the independent research project we commissioned. I will be very happy to share a copy of my honourable friend’s speech if noble Lords would like to see it.
This project is taking a broad approach and must be allowed to consider all possible options for the future of broadcasting in the UK. For in this situation, even a decision to maintain the status quo would, in the context of changing viewership, have quite serious consequences. Audiences are at the heart of this project and, as Julia Lopez announced this morning, we will be launching a new project to engage viewers and make sure that we understand their perspectives. We have also commissioned a six-month independent research project from a consortium led by academics from the University of Exeter. We hope to be able to publish this research in the coming weeks, to help inform this important and continuing debate.
By taking the time to complete this project before making legislative changes, and working with world-class researchers in this way, we will be able to make an evidence-based assessment of what will best serve audiences across the UK, now and in the future. I hope that, on the basis of those reassurances, my noble friend will feel able not to press her amendment, but I know she will continue to maintain her scrutiny of this area of the Bill, not least through her work on your Lordships’ committee, as she mentioned.
Lord Bassam of Brighton (Lab)
My Lords, Amendments 14 and 15 in the name of the noble Viscount, Lord Culross, seek to finesse the Channel 4 commissioning regime that has worked so well for this highly innovative channel. I was one of the sceptics when Channel 4 was first thought of, and I remember writing an article which challenged the model. However, I have been proven wrong over those 40-plus years.
As the noble Viscount explained, he seeks to add an “SME guarantee” by virtue of Amendment 14 to the commissioning process to further stimulate the growth of indie production houses, in particular those with revenues of less than £25 million. Amendment 15 qualifies this to average out the £25 million cap over a five-year period.
The first amendment would require at least 35% of the channel’s spend to be on companies with a revenue of less than £25 million. We on these Benches can see some merit in this approach, and certainly in the direction of travel, given that the strength of Channel 4 has been the diversity it has brought to production, and that it has led to far more production outside the M25 and the south-east.
I am highly conscious that Channel 4 is thinking long term about the removal of the publisher/broadcaster restriction and its potential impact on independent producers. The channel is keen to protect the ecology of small production companies. It argued in a briefing earlier in the year that a move to in-house should be gradual, over a five-year period, and should not alter the value it places on the importance of independent production houses. As it says, its partnerships with indie producers have led to these companies growing, expanding and owning their intellectual property. Moreover, it has helped to spawn a whole new industry.
I can see that increasing the qualifying independent production quota from 25% to 35% would probably strengthen the indie sector, so today we would do well to listen to the Minister’s responses as to the workability of the amendments. I think we all share a common view—I hope we do—that the uniqueness of the Channel 4 commissioning model is of immense value to TV production generally and the development of the market, innovation, and the high production standards that UK TV is internationally renowned for. The Channel 4 approach has helped to give an edge to that. The question is, ultimately, whether this is the most appropriate way of protecting that reputation and ensuring that we have a sustainable independent production output.
The noble Viscount has done us a service this evening in tabling these amendments. We know that we must be very careful in tweaking the commissioning approach; as the noble Viscount said, there are industry concerns that we must listen to, and we have to find the best way forward to protect something that has become uniquely valuable in TV production. It is something that we support right across the House.
Lord Parkinson of Whitley Bay (Con)
The diversity of our world-leading television production sector is one of the main reasons that it is so successful. We have companies of different sizes operating all over the UK, focusing on genres ranging from specialist factual to high-end drama and everything in between. Last year, these companies delivered the highest sector revenues on record: just under £4 billion. Smaller producers are, of course, hugely important for ensuring a healthy production ecosystem, and the current regulatory regime for independent production has been very successful indeed in promoting and supporting them. Boosting this independent sector was one of the purposes behind the design of Channel 4. I do not want to make the noble Lord, Lord Bassam, feel old, but I was not around to be a sceptic at the time of those debates—they happened before I was born. But Channel 4 has, as I have said from this Dispatch Box, done a great service over the last four decades, and the regulatory regime has supported that too.
PACT, the industry body, estimates that there are more than 250 independent producers with an annual turnover of less than £1 million operating in the market today. Its statistics also show that 75% of independent producers have an annual turnover of less than £25 million. These are the producers that the noble Viscount, Lord Colville of Culross, had in mind, particularly with his Amendments 14 and 15. The issue of providing further support for smaller independent producers is one that we have looked at closely, most recently through our work on the mitigations to accompany the removal of Channel 4’s publisher-broadcaster restriction, which noble Lords have noted.
The clear message from the sector when we did that was that the measures which singled out smaller producers specifically—for example, via a turnover threshold, as the noble Viscount’s Amendment 14 proposes—would not be welcome on the grounds that they would be anti-competitive and penalise success. Producers want an incentive to win more commissions and grow their businesses, not to stay small. Those we spoke to also raised concerns that such measures would be difficult for Ofcom to enforce and could lead to increased monitoring and compliance costs for the regulator. Although these issues are addressed in part by the additional flexibility which the noble Viscount offers through his Amendment 15, the overarching concerns that we have with this approach still stand.
The Government recognise that this is a challenging time for producers and the production sector because of the slowdown in commissioning activity as a result of the downturn in the television advertising market, and we are taking steps to support producers and the production sector at this time, including the generous tax reliefs across studio space and visual effects, investing in studio infrastructure, supporting innovation and promoting independent content through the UK Global Screen Fund, but, for the reasons I have set out, we do not feel that we are able to support the amendments which the noble Viscount has put before us, but we are grateful for the opportunity to have this debate.
Viscount Colville of Culross (CB)
I thank the Minister for his reply. I think we all agree that we want to try to encourage the diversity of Channel 4, which has been so successful in creating a vibrant independent sector. But the truth is that the small indies that I have spoken to are having a really hard time. I am grateful to the noble Lords, Lord Bassam and Lord McNally, for talking about the diversity of the production sector and the role that the channel has played in helping that to develop. I listened carefully to what the Minister said about the regulatory regime as it stands having been successful in developing the market, and that his work with PACT and other producers has delivered a message that the sector and small producers do not welcome any kind of threshold, which I am suggesting in this amendment.
All I can say is that I have spoken to a great many small independent production companies across this country. They are really struggling; they are having a really hard time getting their commissions even looked at, let alone getting any kind of positive response. I ask the Minister to go back and talk to some of the smaller ones—not just PACT, but some of the smaller indies as well. I know that the Conservative Government see themselves as being on the side of entrepreneurs, so I encourage the Minister to do all he can to support the courageous and determined men and women who have set up these independent production companies across our country and made the sector so successful. I beg leave to withdraw the amendment.
Media Bill
Lord Parkinson of Whitley Bay ExcerptsWednesday 8th May 2024
(2Â years, 5Â months ago)
Lords ChamberRead Full debate Media Act 2024 View all Media Act 2024 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: HL Bill 44-I(a) Amendment for Committee (Supplementary to the Marshalled List) - (7 May 2024)
Lord Bassam of Brighton (Lab)
My Lords, this has been a fascinating debate, capped by a single show of dichotomy from the noble Lord, Lord Vaizey. I am sure that most of us found it both entertaining and enlightening, in line with true Reithian values.
As we draw this debate to a close, we should congratulate the noble Baroness, Lady Bull, on tabling her amendments in this group. As we have heard, they broadly relate to the Reithian principles that have under- pinned public service broadcasting for much of the last century. We on the Labour Benches have co-signed Amendments 1 to 3 and 7. Additionally, we support Amendment 8 in the name of the noble Baroness, Lady Boycott, so ably spoken to by the noble Baroness, Lady Hayman. We also support Amendment 33 on diversity. On reflection, having spoken to my colleague, the noble Baroness, Lady Thornton, I feel that we should have had a separate debate on the whole issue of diversity. It is merited in the context of the Bill. The noble Baroness, Lady Benjamin, underlined the importance of workplace diversity, as referred to by the noble Baroness, Lady Bonham-Carter. There is much to think through about what we see and how it is measured to ensure that our public service broadcasters reflect the diversity of our great nation.
I turn to the Reithian principles. My honourable friend Stephanie Peacock in another place said that she welcomed the attempts to simplify the remit of PSBs. I made a similar observation at Second Reading. As we have heard, a number of commentators have argued that this may have the unintended consequence of leading to rather more restricted content. The Communications Act 2003, which this part of the Bill seeks to update, gave a fair expression of the PSBs’ Reithian principles. Over time, these have become partly enshrined in particular genres. These amendments attempt to take the debate beyond genres and to talk to the issue of the fundamental purpose of public service broadcasting, in particular the purpose of broadcasting in a multimedia world now tackling the challenges of the digital age and digital content.
At Second Reading I said that, while the Bill was very welcome—it continues to be very welcome—and for the most part highly supportable, it seemed to lack an overarching purpose and principle: an abiding vision, if you like. As we have heard, Lord Reith believed that PSBs should “inform, educate and entertain”. The 2003 Act sought to flesh out what that meant. Labour enshrined those principles in legislation. In that regard, it did a more than serviceable job. This new legislation seeks to do it slightly more flexibly. Flexibility is one thing, but I think we need firm statements of principle and purpose. These amendments move to set Reithian standards and values in a more modern context.
We want public service broadcasters to retain high standards of content. We want them to maintain high- quality production and editorial integrity, as referenced in Amendment 1. We want to see content that meets the Reithian dictum of informing, educating and entertaining, while recognising the role of the sector in stimulating, reflecting and supporting the cultural and creative industries.
Finally, these amendments take us to the educative purpose of public service broadcasters and help promote a culture that values learning as a lifelong activity to serve all. Together, one could paraphrase a sort of John Prescott-ism and place old-style Reithian values in a modern setting. For that, and for the other reasons I have set out, we are very happy indeed to support this group of amendments. We hope to receive some words of encouragement from the Minister. I do not think public service broadcasters will object at all to this renewed obligation. It does much that will help Ofcom in its periodic reporting on this aspect of the public broadcasters’ remit.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I am grateful to the noble Baroness, Lady Bull, for starting our deliberations in Committee in such a careful and considered way. We have already had allusions to Chesterton, Orwell and Sonia from “EastEnders”, so we are off to a good start.
Baroness Thornton (Lab)
My Lords, I am delighted to respond to this group and speak to my Amendment 11. I think that, by now, the Minister will be aware of the strength of feeling about these matters in the Bill. Amendments 4, 5, 6 and 10 all address the place of minority languages—I hesitate to use that word, having heard what the noble Lord, Lord Wigley, said; I certainly have some sympathy—in public service broadcasting today and in the future.
The preservation of the Gaelic language through public service broadcasting was debated at Second Reading and discussed at some length in the Commons. The subject is important. It exercises people in Scotland and throughout the rest of these islands. There is concern about the lack of a requirement for Gaelic language public service broadcasting. There is no requirement for a minimum amount and no requirements relating to new content. There could, for example, have been a requirement in the Bill for the BBC to produce new Gaelic language content.
That is important because language is the cornerstone of culture. It is not just a way of communicating but a daily expression of history and stories reflecting ways of life, values and heritage as it is spoken. The diversity of the languages in our nations and regions is therefore a living, breathing expression of the rich identities and traditions that we are lucky to carry with us.
However, understanding that requires an understanding of the risk of losing such a language, be it Gaelic or Welsh. That is very unlikely, but, if they are not spoken, nurtured and passed down through the generations, that rich culture would be at risk of being lost. With that recognition in mind, I think it is good that we are discussing this absolutely at the top of the Bill. We believe that the Bill and legislation more broadly seem not to recognise Gaelic language broadcasters in the same way as they recognise, for instance, S4C, which we absolutely support. This is despite there being cross-party support for recognising them, both here and in Scotland. For example, Clause 17 talks specifically about the quota for S4C.
When Ofcom published its sixth review of BBC performance, mentions of the Gaelic service totalled four lines in an 80-page report—and that came from the need to assess BBC Alba only as a BBC portfolio service, which is what the BBC operating agreement does. Given the importance of the service to Gaelic speakers, it would seem appropriate to see it acknowledged and assessed properly, so I hope the Minister might be able to lend his support to the new clause we are putting forward. If he chooses not to, I would like to hear from him about the measures the department is taking to support Gaelic broadcasting in the way it deserves and needs.
Lord Parkinson of Whitley Bay (Con)
My Lords, as several noble Lords have noted, the indigenous languages of these islands are crucial to the lives of those who speak and cherish them. As my noble friend Lord Dunlop and the noble Lord, Lord Wigley, pointed out, that includes holders of high office and substantial majorities in certain parts of the UK. The Bill seeks to ensure that people are able to access content in those languages, as well as content that is culturally important to them, for many decades to come. However, I note the sad paradox that the number of Welsh speakers has declined since devolution rather than grown.
I turn to Amendments 6, 10 and 11. As some of my noble friend Lord Dunlop’s amendments recognise, the Gaelic Media Service, MG Alba, already has a statutory function under the Communications Act to ensure that a wide and diverse range of high-quality Gaelic programmes are available to people in Scotland. I recognise his and other noble Lords’ keenness to ensure that we do not lose such a valuable function. That is why Clause 1 makes clear in legislation the importance of having programmes made available in the UK’s indigenous, regional and minority languages, including Gaelic, by including it in our public service remit for television for the first time. Moreover, elsewhere in the Bill, we make it clear that public service broadcasters must contribute to this remit and that they will be accountable for the extent of their contributions.
As my noble friend Lady Fraser of Craigmaddie noted and anticipated, His Majesty’s Government are formally considering the funding of minority language broadcasting, including Gaelic, as part of the BBC funding review launched in December. As part of that review, we have already asked MG Alba for a range of evidence, including its assessment of the sustainability of its current funding model and of how any changes to the BBC’s funding model could affect it and minority language broadcasting more broadly. I acknowledge what she said about timing vis-à -vis the Bill, but we feel that it is right to wait for the funding review to conclude and then to consider the overall future of MG Alba and the ongoing provision of Gaelic language broadcasting. Given the closeness of the link between the BBC and MG Alba, we think that these considerations are best made alongside the upcoming review of the BBC’s royal charter, for which we will set out further details of the timeline in due course.
In addressing his Amendments 4 and 5, the noble Lord, Lord Teverson, referred to the Cornish language. I recognise the importance that regional and minority language programming plays in representing the rich and diverse tapestry of culture across the country, including in the noble Lord’s home of Cornwall. Amendments 4 and 5 would require each of the UK’s six public service broadcasters to provide a sufficient quantity of programming in each of the six regional or minority languages that are now recognised and set out in the Bill. Adding further rigour to the legislation regarding regional and minority languages is an ambition that the Government share with the noble Lord, which is why we have, for the first time—as he noted—listed Cornish and a range of other languages in this legislation. His amendment would require each broadcaster to provide content in each language stated in the Bill, a proposal that we think would be excessively onerous on the public service broadcasters. It would result in a situation where, for example, S4C would be obliged to broadcast in Ulster Scots and STV in Cornish, which is not, I am sure, the outcome he seeks. There may be some confusion here and it might be easier to clarify it—particularly regarding the choice of brackets—in a format where we do not have to try to describe the shape of punctuation. I will happily do that with him. The choice of parentheses is not a drafting error: “(taken together)” is the formulation used in the Communications Act and indeed elsewhere in Part 1 of this Bill, but if it is helpful to speak about that outside the Chamber, I am happy to do so.
The Bill already puts new obligations on Ofcom to monitor whether a sufficient quantity of minority and regional languages is provided. In our view, any additional obligation on broadcasters would be excessively burdensome. Given the provision already made in the Bill in respect of Gaelic and other languages, as well as the further work I have outlined, although I echo what noble Lords have said about the importance of these languages, the culture and tradition they represent for people and our shared anxiety to make sure that they are passed on to new generations and shared with many—not just in the places where they are currently commonly spoken, but where others can hear them and learn them too—I am afraid that I am unable to accept the amendments noble Lords have proposed in this group. I am happy to continue to talk to them about these important issues, but I hope that, for now, they will be willing not to press them.
Lord Wigley (PC)
I invite the Minister to comment on the question of whether the Welsh and Gaelic languages should be counted in the 2031 census in England. If they are regarded as British languages, as is suggested in the context of the Bill, surely, they should be.
Lord Parkinson of Whitley Bay (Con)
Questions relating to the census are a matter for colleagues in other departments, but I shall happily take the noble Lord’s point to them. I imagine that he has raised it with them directly, but I am happy to let them know that he has raised it again today.
Lord Teverson (LD)
My Lords, I thank all noble Lords who have contributed to this debate, particularly the noble Lord, Lord Wigley. In fact, I worked with Mebyon Kernow on this amendment, and it would probably also criticise me for not referring to Cornish as a national language rather than a minority one—but that is how it started with the Council of Europe in 2002. I suspect that Gaelic language proponents are also not particularly happy with the Minister’s reply.
I agree absolutely with the Minister, in that I am not expecting Cornish to be broadcast sufficiently in Northern Ireland, even though I would love that to be the case. The purpose of my amendment is not that all languages should be broadcast everywhere, but that there is an obligation in each of the regions, nations or areas that the relevant language should be sufficiently broadcast. It seems to me that the Bill does not say that, so I shall have a further conversation, and I thank the Minister for his help in that area. In the meantime, I beg leave to withdraw the amendment.
Baroness Thornton (Lab)
When the Government first released Up Next, the White Paper that preceded the Bill, it made no reference to genres such as entertainment, drama, science and religion being removed from the remit, as they have been in this Bill. That is why this is an important question, and why we were very keen to add our name to the amendment from the noble Viscount. As other noble Lords have said, we have seen the effect—particularly with children—of what happens when we do not have specific mention of genres with which we can hold the regulator to account.
It is good that the public service broadcasters have issued reassurances that the new remit will not significantly impact on programming in the removed areas, but I agree with the noble Viscount that the addition of “appropriate range of genres” to the Bill is a small protection. We believe the removal of references to specific genres is still a matter of concern. We think that there is no guarantee, therefore, that Ofcom will be held to account to monitor. In many ways, this is what the right reverend Prelate the Bishop of Leeds was talking about when he mentioned the matrix: how do we know that things have been delivered properly? That is why we support this amendment.
We do not propose that every genre would have to be addressed by every provider, but I hope the Minister can take on board what Amendment 9 proposes. Simplifying the remit is a worthwhile objective, but not if it is done at the cost of the kind of content that sets our public service broadcasters apart.
Lord Parkinson of Whitley Bay (Con)
My Lords, the noble Viscount degrouped his amendment to give us a chance to look at genres again and in more detail. There was much overlap with the debate we had on the first group, so I hope he will forgive me if I am relatively brief and do not repeat myself but allude to what I said previously. It has, however, given noble Lords the opportunity to ask further questions and make further points.
Let me turn first to what the noble Lord, Lord Foster of Bath, asked about the royal charter. It is not quite as simple as he expects. The Secretary of State must lay the final terms of reference for the royal charter review before Parliament, and a draft of the proposed charter and framework agreement must be laid before Parliament and debated by each House. Both Houses can, of course, hold the Government to account—as they do—for the way they go about their work on charter renewal. I hope that gives the noble Lord some further detail.
In relation to the question posed by my noble friend Lady Stowell of Beeston, there is no change to Ofcom’s accountability to Parliament through this Bill. It is accountable to Parliament and routinely appears before Select Committees, such as the one she chairs in your Lordships’ House.
On the question of genres—which I will continue to refer to in the Norman French because I do not know the Welsh or Gaelic words for it yet—
Lord Parkinson of Whitley Bay (Con)
Yes. The point is, as my noble friend Lady Stowell put it, echoing the point raised by my noble friend Lord Vaizey in the debate on the first group, to strike the right balance with a streamlined remit that gets to the heart of what it is to be a public service broadcaster and does not dilute that. As I mentioned, we have added a new subsection (6) making clear that public service broadcasters must together produce a range of genres in order to fulfil the public service remit. Although we do not object to any of the specific genres that have been mentioned, we are concerned that reintroducing further granularity would serve only to complicate the role we have given Ofcom in regulating this important area.
We are confident that the streamlined remit treads the right line between providing the broadcasters with the flexibility to meet the new challenges of a market that changes very rapidly, as the noble Viscount is right to say, and ensuring that a wide range of genres will continue to reach our screens. The Bill ensures that Ofcom has the tools it needs to ensure that public service broad- casters continue to produce that wide range. It can take enforcement action, should it judge that a licensed public service broadcaster has failed to fulfil its public service remit, which includes making an adequate contribution to the overall public service remit for television.
My noble friend Lady Fraser of Craigmaddie asked in what circumstances the Government would consider using the delegated power in the Bill to add a quota for an underserved genre. That is set out in new Section 278A and follows a recommendation from Ofcom in its reports under Section 229 or 264 of the Communications Act. We would of course carefully consider any such recommendation alongside any other information from Ofcom, such as information from its market report conducted under Section 358, and information provided by the public service broadcasters and other providers in line with the process set out in new Section 278A.
With those further points, and reiterating my response to the noble Baroness, Lady Bull—which gives me the opportunity to acknowledge the distinction she was trying to make in her amendment and the relisting of genres that we value and are familiar with—I hope the noble Viscount will be satisfied to withdraw his amendment.
Telegraph Media Group Ltd: Acquisition
Lord Parkinson of Whitley Bay Excerpts(2Â years, 5Â months ago)
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Lord McNally (LD)
Yes, the cricket.
We welcome this Statement. Sometimes I am teased by my colleagues about my membership of the Puttnam committee on the Communications Act 2003, but actually the Puttnam amendment to that Act is the origin of the powers that the Secretary of State has used here. The Puttnam amendment widened the reasons for Secretary of State interventions and has been used very usefully at key times in the last 20 years. In terms of these bids for purchase of our media, it means that we are able to take in the wider public interest and we support the Secretary of State in so doing.
I am not naturally a supporter of RedBird IMI, but I have some sympathy for the question of whether it is fair to either would-be bidders or the wider public interest to be so behind the curve and reactive when such bids arise. Media ownership is becoming more interlocking and intertwined between print, broadcasting and online. In many ways, although they might not like it, print journalists are becoming almost like the hand-loom weavers in the world of fast-moving technological change—and that is before we feel the full impact of artificial intelligence on the sector.
I would like to probe the Minister. Yesterday, Sir John Whittingdale in the other place pointed out that
“it is six years since Ofcom said that there needs to be fundamental review of our media merger regime”.—[Official Report, Commons, 30/4/24; col. 165.]
I agree with him, and I ask the Minister whether the Government are actively considering such a review.
With the Media Bill now before this House, will the Government seek cross-party agreement on clarifying and strengthening our media ownership rules for the future? I see the noble Baroness, Lady Stowell, is in her place. She has already put down an amendment to the Media Bill which could take this forward, but I think it could be done much more comprehensively at this time. If we do not do it comprehensively at this time, we will find that we have another 20 years of drift and that we are behind the game. It is essential that we have in place protection from foreign influences and state players, while, as the noble Lord, Lord Bassam, emphasised, seeing sustained plurality in both ownership and opinion in a free press—as all sides of the House want.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I should reassure the noble Lord, Lord Bassam of Brighton, that the Government do not always agree with the editorial line of the Telegraph either, but that is the point. The independence of the press, holding Governments of all colours to account, is why the Secretary of State has always taken this so seriously and used the powers available to her under the Enterprise Act in the way that she has. It is why, as I outlined in debates on the digital markets Bill, we have acted to put beyond doubt and make explicit the ability for her to act in this scenario following the concerns raised, not least by my noble friend Lady Stowell of Beeston, about the potential influence of foreign Governments over our newspapers.
I am grateful to both noble Lords, Lord Bassam and Lord McNally, for their comments and their welcome of the Statement. I am grateful to the noble Lord, Lord McNally, for recalling rightly the role that Lord Puttnam played in the legislative landscape, which the Secretary of State and her predecessors have been able to use in this important area.
The noble Lord, Lord Bassam, referred to the balance between taking action to preserve the freedom of press, which we hold dear as a cornerstone of our democracy, and attracting investment into the UK. We have always been clear, as have my noble friend Lady Stowell and others, that our actions in relation to the potential influence of foreign Governments are not prejudicial to our welcoming of foreign investment more generally in media businesses, and I am glad to have the opportunity to say that again.
The noble Lord, Lord Bassam, asked about consultation with trade unions. The Government will not be engaging with potential buyers or be involved in the sale process from this stage on. We have obviously been careful in the stages so far. From now on, it will be run by RedBird IMI alone. The Secretary of State made her decision based on the evidence provided by Ofcom and the Competition and Markets Authority, which issued a call for evidence and spoke to relevant parties. The unions could have made representations to both those bodies—whether they did or not, I do not know, but that is the appropriate way for views to be fed in. The noble Lord is right to refer to the people whose jobs and livelihoods depend on this. Some of them, who have jobs that allow them to write freely, have made those points, but there are many more people whose jobs in these important sectors are affected by it, which I am happy to acknowledge.
On timelines, RedBird IMI will now proceed with a sale of the call option. The details of that are not finalised, and it would not be appropriate for me to comment further on the next steps as they are a commercial matter. I will say, as the Secretary of State has, that she will monitor the outcome with a view to deciding in due course if she should take any further regulatory action under the Enterprise Act.
The noble Lord, Lord McNally, asked about our consideration of the media mergers regime more broadly. That work was already under way before this issue came to a head. We have taken the action that we have in the digital markets Bill. That action continues, and we will have more to say on that, not least during our debates on the Media Bill. I know that he and others will rightly use this as an opportunity to return to these matters.
Baroness Stowell of Beeston (Con)
My Lords, I will pick up on the theme of timescales. I am grateful to my noble friend for the answers he has given to the noble Lords, Lord Bassam and Lord McNally, because they cover some of the issues I wanted to ask about. Could my noble friend also tell us what the expectation is for the Government to bring forward the secondary legislation that covers the carve-out for legitimate indirect foreign state investors, such as sovereign wealth funds? That is important in providing clarity for prospective buyers. This has already been said, but it is worth saying again: in raising this, I am very conscious that, in meeting our essential objective of a sustainable future for our free press, we should ensure that there is a proper channel for inward investment into the media industry. If my noble friend could give an update, that would be helpful.
Lord Parkinson of Whitley Bay (Con)
Many of the provisions we have made in the digital markets Bill require the Bill to receive Royal Assent, which I hope it will very soon, and they will come into force then. Once that has happened, we will be able to bring forward the measures we have committed to via secondary legislation. I will be writing in the coming days with a bit more information about that and about the consultation process on some of the points my noble friend raised, and we discussed in debates during the passage of the Bill. I will write to all noble Lords with further information about that very soon.
Lord Stevenson of Balmacara (Lab)
My Lords, the questions so far have focused on the intersection between this and the previous regime, which was established, as noble Lords have already said, by Lord Puttnam and his Enterprise Act—it was not exactly his; it was the House’s Enterprise Act, and it was published by a Government we were proud to be part of. That has stood the test of time, but I am afraid time is accelerating. We are now in a situation with a rather hard edge.
I am grateful to the noble Baroness, Lady Stowell, whom I worked with on the amendment we eventually put through, which will also be referred to within the forthcoming digital media Bill. However, that provides an absolute block against further foreign ownership; it is not just ownership, but interests in the freedom of the press and the plurality of it. Of course, there are other issues, which under the old regime would be considered, including those looked at in detail by Ofcom and the CMA.
I want to pick up on the exchange the noble Lord, Lord McNally, quoted, between the Secretary of State and John Whittingdale. In response to his question about whether these things need to be brought forward and accelerated, she said that she was
“looking at whether online news should be included in the scope of Ofcom’s powers ”.—[Official Report, Commons, 30/4/24; col. 165.]
I rather had the view that Ofcom had those powers. Could the noble Lord explain a little bit where he sees a gap and, if so, given what he said about timescales, whether we can look forward to the gaps being filled in? That seems to be a very important part of it, in the context of us needing to look more widely at what we want out of a free press, without reflecting government intervention and recognising that plurality is one of the main concerns. There are other bidders for the current holdings in the Daily Telegraph, one of which is a media interest. I wonder if the Minister would like to opine on that.
Lord Parkinson of Whitley Bay (Con)
The noble Lord’s question gets to the heart of an important distinction: there are newspapers that have websites, there are websites that are news providers, and there are online services that are not principally news providers but from which people increasingly derive their news. It is right that we look at all those things. He is right that the Communications Act 2003 has served us well for the last 20 years but, as we said in our debates on the Online Safety Act, it was written at a time when the internet was in its infancy and did not look at it. Of course, we touched on that in the debates on that Act and will return to some of the points in the Media Bill. We will shortly consult on expanding the existing media mergers regime and the foreign state ownership provisions to include online news websites, and we will touch on other matters when we discuss the Media Bill.
Baroness Bottomley of Nettlestone (Con)
My Lords, it has been a long time since 1855 and the start of the Telegraph at the time of the Crimean War and when David Livingstone found the Victoria Falls. Can the Minister tell us how many owners the Telegraph has had in that time? He may wish to write to me. It was started by Arthur Sleigh as a way of airing personal grievances against the future commander-in-chief of the British Army, Prince George, Duke of Cambridge. We should have a sense of proportion. I thought Rupert Murdoch, Roy Thomson and Conrad Black—the noble Lord, Lord Black of Crossharbour—did not have British passports, and there was Max Beaverbrook and many others, so this is not something new.
However, I respect the way the Government have acted fast to block a loophole. I pay particular tribute to my noble friends Lady Stowell and Lord Forsyth. In my day as Secretary of State, it was my noble friend Lord Inglewood who handled all the impossibly complex issues around media ownership. The Lords questions were always so much more difficult than those in the Commons, so I could simply sail through. I believe that it is extraordinarily important for there to be transparency about media ownership—so can the Minister inform us who the real owners of the Jewish Chronicle are?
Lord Parkinson of Whitley Bay (Con)
I will have to write to my noble friend on that and to give a precise number of owners of the Daily Telegraph since 1855, and of the Spectator, which is linked to this and older still. She is right to refer to a number of the foreign owners that there have been. We have made the distinction throughout between foreign Governments and foreign investment; it is important to underline that again. We have no problem with foreign investment in our media businesses, just as in so many other areas of our economy. The problem raised by my noble friend Lady Stowell of Beeston and a number of others was foreign government interference. They made it clear that they would have as much of a problem with the Government of the United Kingdom having influence over newspapers in this country. However, it remains true that the Daily Telegraph is the only newspaper that has produced an editor who also sat in Cabinet: Bill Deedes. It has a long history of representation in your Lordships’ House and the fine line between politics and the media, but it is important that we maintain its independence so that it can continue to hold Governments to account.
Baroness Bottomley of Nettlestone (Con)
My Lords, I apologise—I have received a text from the Father of the House of Commons, who says that I never declare my interests. For the past 10 years, I have been an unremunerated trustee of the Economist newspaper, where we went through a change of media ownership, which we took extremely seriously. I am delighted to tell the House that the Economist is as flourishing today as ever it was.
Gambling Advertising
Lord Parkinson of Whitley Bay Excerpts(2Â years, 5Â months ago)
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The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I too thank the noble Lord, Lord Foster of Bath, for initiating today’s debate and for the way he opened it. I had the pleasure of working with him, and a number of noble Lords who have taken part in today’s debate, on the Select Committee that he mentioned, before I became a Minister at DCMS. So I thank him for his tenacity in this area.
The Government recognise the concerns that he and many other noble Lords have raised about the impact of gambling advertising, particularly its impact on children. The debate about advertising reflects the balance we are aiming to strike with our vision for the gambling sector more broadly: regulating an innovative and responsible gambling industry on the one hand, and fulfilling the duty of government to protect children and the wider public from gambling-related harm on the other.
That is why, as part of our review of the Gambling Act 2005, we took an exhaustive look at the best available evidence. We are certainly not dismissive of evidence: on the contrary, we have sought to take an evidence-based approach. The White Paper that we published in April last year includes a robust, balanced package of reforms to prevent and minimise the risks of gambling-related harm.
Since the implementation of the Gambling Act under the last Labour Government nearly 20 years ago, gambling advertising, marketing and sponsorship have become more visible and widespread, and we have seen a visible integration of gambling advertising within sport. While this continual growth has not resulted in an increase in gambling participation rates, or in population problem-gambling rates, which have remained broadly stable for roughly two decades, it is important that there is a range of robust protections on advertising in place to ensure that it does not exacerbate harm.
The rules on gambling advertising, which operators must follow, are set by the Committee of Advertising Practice. A wide range of provisions in the codes are specifically designed to protect children and vulnerable adults. Compliance with these codes is a condition of Gambling Commission licences, and the commission can—and does—take action on adverts that are in breach of the codes.
Furthermore, the industry code for socially responsible advertising includes a television watershed on all gambling products apart from bingo and lotteries. Children’s exposure to gambling advertising on broadcast television is declining. The industry’s “whistle-to-whistle” ban has cut the number of pre-9pm betting adverts to around a quarter of their previous level, and further cut the average number of sports betting adverts seen by children to 0.3 per week.
Baroness Armstrong of Hill Top (Lab)
I just want to clarify something: I should have said “pre-watershed”. I was in too much of a hurry to keep within five minutes; I am sorry.
Lord Parkinson of Whitley Bay (Con)
I am grateful to the noble Baroness, and I hope what I have said is none the less helpful in relation to the points she raised in her speech, which I welcome.
We recognise that there is good evidence to show that gambling advertising can have a disproportionate impact on those who are already experiencing problems with their gambling, and that some aggressive marketing practices are particularly associated with harm. The noble Lord, Lord Trevethin and Oaksey, mentioned a study which reflects that.
Evidence from the Gambling Commission shows that 35% of problem gamblers received incentives of offers to gamble daily, compared with 4% of non-problem gamblers. Furthermore, while 10% of gamblers with a “non-problem” or “low-risk” score—according to the problem gambling severity index—were influenced to gamble more by direct marketing, this rose to 41% among those with a “moderate risk” or “problem gambler” score.
We also recognise that content often used in gambling advertising can inappropriately appeal to children and young people—the right reverend Prelate the Bishop of Derby raised such an instance. That is why we have introduced a suite of measures to further prevent potentially harmful impacts of advertising, specifically for children. Since October 2022, advertising rules have been strengthened to prohibit content that downplays the risk or overstates the skill involved in betting. The rules also ban content that is likely to be of strong appeal to children. In that regard, I will raise with officials the frog-based example that the right reverend Prelate gave. As a result of this ban, top-flight footballers or celebrities popular with children are banned from being in gambling adverts. In line with existing gambling advertising rules, the Premier League’s decision to ban front-of-shirt sponsorship by gambling firms will commence by the end of the 2025-26 season, breaking the direct association between gambling brands and popular players.
The noble Lord, Lord Trevethin and Oaksey, suggested that there should be warnings to potential players on gambling adverts. Robust Advertising Standards Authority rules prevent content and adverts that, for instance, promote gambling as a route to financial success, and adverts on television must direct people to available support services. We are also working with the Department of Health and Social Care and the Gambling Commission to develop independent information campaigns about the risks of gambling—taking that out of the hands of the industry.
Lord Foster of Bath (LD)
I apologise for interrupting the Minister, but I find it difficult that he stands at the Dispatch Box and talks about all these rules, when I gave a specific example of a Paddy Power advertisement—although it is not called an advertisement—that simply had a large photograph of the Liverpool manager, Jürgen Klopp. Does he believe that was a correct thing for Paddy Power to do, or should it have been banned?
Lord Parkinson of Whitley Bay (Con)
Well, as with the case that the right reverend Prelate raised, I will take that up with officials. I was spelling out some of the actions—some of which are still to come in. As I said, the Premier League rules will come in by the end of the forthcoming season. I am sure the noble Lord will reflect that some of the work has been done and some is coming shortly, but I will raise the case he mentions with the team at the department.
As we set out in our White Paper, we are also working closely with the Gambling Commission to take targeted action on advertising to ban harmful practices and ensure that it remains socially responsible, wherever it appears. The commission has recently consulted on new rules to give consumers more control over the direct gambling marketing that they wish to receive, and on strengthened protections to ensure that free bets and bonuses are constructed in a way that does not encourage excessive or harmful gambling. The commission will set out its responses to these consultations soon. Together, these measures will empower customers and prohibit harmful marketing practices, to prevent the risk of gambling harms.
The noble Baroness, Lady Bennett of Manor Castle, referred to the powers available to local authorities. As she reflected, these vary from local authority to local authority, but, as we heard in the debate, the metro mayors in London and Manchester are using the powers that are available to them.
There is no single intervention that provides the answer to effectively preventing gambling-related harm. That is why we have taken a holistic approach that includes action on products and protections for players. We recently announced the introduction of stake limits for online slot games, where we have seen evidence of elevated levels of harmful gambling, and are pursuing broader protections, such as financial risk checks that will require online operators to identify and take action in relation to customers who are financially vulnerable. That will prevent runaway losses, which we are still seeing happen too often. The Government are clear that effective and innovative collaboration to get the right mixture of interventions for the population as a whole—as well as those with specific needs or vulnerabilities—is required to tackle gambling harm.
A key part of that approach is the Government’s decision to introduce a statutory levy, which I know has been a long-standing priority for the noble Lord, Lord Foster, and which the noble Lord, Lord Bassam, and others raised. In his opening remarks, the noble Lord, Lord Foster, dwelt on the importance of evidence. Perhaps I should end my remarks by acknowledging that further work is needed to build the evidence base to ensure that policy and regulation are able to deal with emerging issues.
In response to the contribution from the noble Lord, Lord Bassam, I make clear that developing quality evidence is a priority for our statutory levy. Through the levy, increased and ring-fenced funding will be directed towards high-quality, independent research into gambling and gambling-related harms, including in relation to advertising. We will continue to monitor the evidence base and, if new evidence suggests that we need to go further, we will look at this again. The Government will also respond to their bespoke consultation on the levy and will set out their final decisions very soon.
I thank the noble Lord, Lord Foster of Bath, for tabling today’s debate and all those who have spoken in it. I am certain that we will return to this topic again before long.
Lord Byron: 200th Anniversary
Lord Parkinson of Whitley Bay Excerpts(2Â years, 5Â months ago)
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The Earl of Lytton (CB)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I draw the attention of the House to my direct descent from Lord Byron and my involvement with the Byron Society in London and also in Missolonghi, Greece.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, His Majesty’s Government appreciate the great interest that the bicentenary of the death of the sixth Lord Byron has generated, both in the United Kingdom and overseas. The continuing fascination with his life and works has cemented his status as one of England’s greatest poets, and it is absolutely right that his legacy be honoured. The Government fully support the relocation of Lord Byron’s statue into Hyde Park, led by the Byron Society. Once in situ, the statue will become a retained asset of the Government.
The Earl of Lytton (CB)
My Lords, I thank the Minister very much for his reply, and particularly for his personal engagement and commitment to this. I draw to his attention that, in this House, in debate on 16 June 1958 about the then new Park Lane traffic scheme, Lord Mancroft, then speaking for the Government, said:
“It will be necessary to move one or two of the smaller memorials and statues, including Byron and the Cavalry and Machine Gun memorials, but, wherever possible, they will be re-sited in the vicinity”.—[Official Report, 16/6/1958; cols. 866-67.]
In the event, all were relocated, as far as I know, except Byron, which languishes in an isolated traffic island in the middle of Park Lane. In the light of the public fundraising that is going on to defray the cost of reversing both neglect and the fact that it has not been relocated as originally intended, and having regard to the bicentenary year, might the Government be prepared to assist financially in fulfilling the understandings given nearly 66 years ago, especially given that some department in the 1960s saved more than a bob or two in not moving the monument? I further suggest that it would be a rather appropriate way of honouring one of the nation’s major poets.
Lord Parkinson of Whitley Bay (Con)
The noble Earl is right to point out that the Government have moved rather slowly in this instance. Part of the difficulty has been the question of the ownership of the statue. I am very pleased that my department has been able to break that impasse by taking responsibility for the statue, so that it can indeed be moved into the main part of Hyde Park. It is currently stranded on an island far less enticing and accessible than those of the Peloponnese that Lord Byron frequented. Once the statue is moved to its new location, subject to the planning permission which is currently before Westminster City Council, the Government are happy to treat it as a retained asset, which means that the regular maintenance will be the responsibility of the Royal Parks but any major repairs needed will be the responsibility of my department. I saw the chief executive and chairman of the Royal Parks this morning for a catch-up on progress. The fundraising effort is being led brilliantly by the Byron Society, which I am delighted is holding a dinner here in your Lordships’ House on Friday, the actual anniversary of Lord Byron’s death, which will be addressed by my noble friend Lord Roberts of Belgravia.
Lord Winston (Lab)
My Lords, given the rise in traffic in London at present and the excessive traffic around that statue, and given equally the flamboyance of Lord Byron, would he not be rather grateful to be seen by as many people as he is, rather than being in Hyde Park?
Lord Parkinson of Whitley Bay (Con)
As part of its plans, the Byron Society is preparing a programme of engagement and education, which is wonderful, so that in its new location the statue will be able to inspire future generations of poets and philhellenes, and of course be much more easily accessed so that it can be maintained and repaired.
Lord Roberts of Belgravia (Con)
My Lords, the siting of the Byron statue in the dual carriageway is mad, bad and dangerous to show. Does the Minister agree that the great British public, who have poetry in their souls, should go to www.thebyronsociety.com and help pay for the relocation to Hyde Park?
Lord Parkinson of Whitley Bay (Con)
I congratulate my noble friend on his poetic exhortation. The Byron Society has received support from the Heritage of London Trust but welcomes support from members of the public. I would encourage them to do that, so that the statue can be moved, I hope in this bicentenary year.
Baroness Pinnock (LD)
My Lords, Ada Lovelace, who is credited with being the world’s first computer programmer, was Lord Byron’s daughter. Her achievements are truly remarkable and surely worthy of a prominent statue in London, especially as there are more statues to animals in London than to named women. Does the Minister agree?
Lord Parkinson of Whitley Bay (Con)
I certainly do. The noble Baroness is right to remind us that, sadly, Lord Byron’s marriage was brief and unhappy, but his pioneering daughter, Ava Lovelace, deserves recognition and to be remembered. Her portrait was hung in some of the state rooms in Downing Street until recently. It would be wonderful to inspire future generations of women and girls to go into computing, engineering and whatever field they choose.
Lord Baker of Dorking (Con)
Normally one is memorised in our country by a stone slab in Westminster Abbey. I think it is unlikely that the Church of England would welcome one for Byron, but he was, from 1809, when he went to Greece, a Member of this House, so could we not find a niche for him here somewhere? How many noble Lords can remember a Peer who sat in this House from 1800 to 1820? Are there any names to be offered? No. If tourists saw a statue of Bryon, they would find this House rather more interesting.
Lord Parkinson of Whitley Bay (Con)
My noble friend makes an important point. Lord Byron made a number of contributions in your Lordships’ House, speaking in defence of the Luddites. He was politically engaged throughout his career. Of course, we recall his support for Greek independence—in fact, the marble for the statue was donated by the Greek Government in recognition of that. His legislative contributions bear rereading and remembering in Hansard.
Lord Bassam of Brighton (Lab)
My Lords, Lord Byron is rightly canonised as being symbolic of the international contribution that UK art and literature make to the world. Byron himself once said:
“But words are things, and a small drop of ink,
Falling like dew, upon a thought, produces
That which makes thousands, perhaps millions, think”.
In Greece, they celebrate National Byron Day on 19 April. Does the Minister think we should have a Byron day to celebrate the arts and the contribution that they make to our industry and culture? Does he agree that it will take more than moving the statue to ensure that we continue to revive our cultural sector?
Lord Parkinson of Whitley Bay (Con)
I hope that the campaign to move the statue into Hyde Park, where it can be seen and admired by more people, will help to inspire people into art, whether that is sculpture or poetry, and to investigate history. The efforts of the Byron Society to promote this legacy are important. Many towns in Greece have an Odos Vyronos—that is, a Byron Street. He is perhaps better commemorated in Greece than in the land of his birth. I hope that this bicentenary will help inspire new generations of admirers.
The Earl of Clancarty (CB)
A wider concern here is the protection and conservation of all our public sculpture and heritage, from ancient to contemporary, including concerns over stone and metal theft. Has the Minister seen the excellent recent report by the APPG on Metal, Stone and Heritage Crime and the important recommendations it makes in relation to heritage crime? Is the department working closely with the Home Office in this area, as well as with Historic England?
Lord Parkinson of Whitley Bay (Con)
I am happy to reassure the noble Earl that, yes, we are. Historic England does a great deal of work, working with police forces across the UK on this important issue. We have to protect our public statues from, alas, vandalism and theft, and from the challenges of climate change. On this, the department, Historic England and many others work closely.
Lord Kirkhope of Harrogate (Con)
My Lords,
“To have joy, one must share it”.
That is a quotation from Lord Byron. He is hardly being shared where he is presently located. Indeed, the proposals to go to Hyde Park seem almost as bad. Will my noble friend the Minister look carefully at the activities of the Fourth Plinth Commissioning Group at Trafalgar—or “Trafulgar”—Square, where we have seen recently some very interesting choices being made as to who should occupy that plinth. In the final run-off, before announcements were made, it included a great sweet potato and an ice-cream van. Surely Lord Byron deserves better, and would be better placed there to give to the people of this country the joy that he wishes us to share.
Lord Parkinson of Whitley Bay (Con)
As Arts Minister, I am certainly not an art critic. I have always lived by the motto “de gustibus non est disputandum” when it comes to the selection of artwork. The matter of the fourth plinth is the responsibility of the Mayor of London, but I certainly share my noble friend’s hopes that, in moving the statue of Lord Byron to its more prominent place by Victoria Gate, more people will be able to admire this wonderful bronze work by Richard Belt, as well as the very kind Greek donation of the marble, and learn more about Byron’s life and works and be inspired by them.
Regional Arts Facilities
Lord Parkinson of Whitley Bay Excerpts(2Â years, 6Â months ago)
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The Earl of Clancarty
To ask His Majesty’s Government what steps they are taking to protect regional arts organisations and facilities funded by local authorities, particularly where those local authorities are facing financial difficulties.
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, we recognise that local authorities face challenges. That is why we have announced an additional ÂŁ600 million to bolster our existing support, alongside our ÂŁ64 billion local government finance settlement. We have also made permanent the increases to cultural tax reliefs and provided support for energy bills over the past two years. DCMS continues to advocate for and help local decision-makers understand the full value of culture, including through our culture and heritage capital programme.
The Earl of Clancarty (CB)
My Lords, local government funding has been the foremost means of support for our arts and cultural services. How then will the Government address the significant underfunding which, over so many years, has deprived organisations across the country of the core investment essential to the day-to-day running of our museums, galleries, libraries, theatres and orchestras? Does the Minister accept that tax relief and the kind of capital investment the Arts Council announced this week, though welcome in themselves, are not the solution to a problem now driving our arts and cultural services to the point of collapse?
Lord Parkinson of Whitley Bay (Con)
The noble Earl is right to point to the importance of local government, which is a bigger funder of the arts than national government or the Arts Council. It is a really important partner. He points to the things that the Government have done through the cultural tax reliefs—making them permanent is an important part of the help, alongside the support we have given to organisations in the face of rising energy costs. But, as I said in my initial answer, my department advocates for the importance of cultural spending, not just because it is a good in itself but because it is a way for local authorities to deliver many of their other statutory obligations in education and in health and well-being. That is why we capture the data and measure it in a Green Book-compliant way, so that we can have the conversation with our colleagues at the Treasury and bring the successes that we saw in the Budget, but also so that we can make that case clearly to our colleagues in local government.
Baroness Foster of Aghadrumsee (Non-Afl)
My Lords, one of the most important cultural institutions in Northern Ireland is the Linen Hall library in Belfast. As a member, I would be delighted to host the Minister in the Linen Hall the next time he is in Belfast, so he can experience it for himself. It has been there since 1788 and it holds collections of national and international significance—yet it is significantly underfunded. Will the Minister think about the possibility of looking at all the UK cultural institutions that are critical to cultural well-being across the UK? I think it would be very useful to find out where the critical institutions are.
Lord Parkinson of Whitley Bay (Con)
Many elements of culture are devolved, as the noble Baroness knows, but other elements, such as the benefits through the National Lottery, apply UK-wide. I would be delighted to make the case for those benefits of our United Kingdom for cultural organisations right across the UK.
Lord Addington (LD)
My Lords, the Minister mentioned the fact that there is a cost—to things such as education and other bits of government—if you do not have these functioning properly. Can the Government give us some indication of the input needed from, for example, the Department for Education, to deliver an acceptable level of operation properly to the nation, and also the on-costs for things such as the night-time economy?
Lord Parkinson of Whitley Bay (Con)
Many of these things are the responsibility of local authorities. That is right—they are accountable to local people for the way that they deliver them, but they have statutory obligations, including in children’s services and education. The Department for Education works closely with local authorities as they discharge that duty and the Government provide help—my department allocated £33 million only this week for library services and museums around the country, helping people with their education outside school settings.
Lord Wigley (PC)
My Lords, does the Minister accept that, when local authorities cut back and have an impact on the arts in their own area, it impacts not only on the audiences, performing companies and organisations there but also on the touring arts companies? I think particularly of the Welsh National Opera, which circulates considerably in England. In looking at this Question, will he take a strategic attitude and have regard to the knock-on effect that that can have?
Lord Parkinson of Whitley Bay (Con)
I talked with the Welsh National Opera only last week about the importance and benefits of touring, as it does, between England and Wales. I am sure the noble Lord would share my despair that the Labour Government in Wales are cutting arts funding by 10% and considering reintroducing fees for museums. I hope that he sees the positive contrast with the increased budget that the Government provided to Arts Council England at the last funding round.
Baroness Rawlings (Con)
Thank you. My Lords, despite financial difficulties, some national museums are prevented by law from deaccessioning. What is the Government’s policy towards regional museums?
Lord Parkinson of Whitley Bay (Con)
As my noble friend rightly points out, some of the national museums are prevented in statute from deaccessioning items in their collections. Other museums are under the direction of their trustees, and about 18 months ago the Government, working with Arts Council England and the sector, provided some guidance so that the trustees of those collections were able to reflect on the importance considerations as they made those decisions.
Baroness McIntosh of Hudnall (Lab)
My Lords, the Minister will know that, for the past 40 years—probably more—the arts sector in this country has been reliant principally on three sources of income: one is what it can earn for itself through trading, another is the public funding that comes from the Arts Council and local authorities, and the third is private giving. He will also know that all three of those funding streams are currently under enormous pressure. Therefore, while accepting and being grateful for the work that the Government have done recently, in view of the widespread challenges that all arts organisations are currently facing, does he think that it is enough?
Lord Parkinson of Whitley Bay (Con)
The noble Baroness is right. All three elements that she mentioned are important, and all three are facing challenges at the moment. That is why we were so pleased that the Chancellor agreed to make permanent the tax reliefs in the Budget, because that encourages the sort of risk-taking experiment, such as touring a new production, that can help be a part of the commercial income of our brilliant arts organisations. I am glad that the noble Baroness has agreed to join the advisory panel for Dame Mary Archer’s review of Arts Council England, which can look at this important landscape and, I hope, inform the review and the recommendations that it makes to government.
The Earl of Kinnoull (CB)
My Lords, I declare my interest as set out in the register. Tomorrow sees the opening of the new Perth Museum, which is the new home for the Stone of Scone, or the Stone of Destiny. This has been made possible by £10 million of funding from the UK Government, and also substantial funding from the local council. This has been a brilliant model and will be transformational for Perth. Can the Minister tell us a bit more about whether the Government will make more of these types of transformational investments—capital investments—to allow regions that are relatively deprived to have vibrant arts and cultural organisations?
Lord Parkinson of Whitley Bay (Con)
The noble Earl is right to point to the importance of partnership working. The Government are very proud to have contributed towards the museum in Perth and the new home for the Stone of Scone—I hope that the opening tomorrow goes well. In the Budget, we also joined the Welsh Government and Flintshire county council in supporting Theatr Clwyd, which does important work not just in north Wales but in the north-west of England. I had the pleasure of visiting the theatre and seeing the renovation that has been done there. Through both the levelling up fund and the UK shared prosperity fund, the UK Government are playing their part in helping arts and culture in every part of the United Kingdom.
Lord Bassam of Brighton (Lab)
My Lords, I know the Minister supports Labour’s view of a positive approach to the arts and to culture. The UK originates blockbuster films; it is one of only three net exporters of music; we are the second-largest advertising supporter and the largest book exporter; and the cultural sector, as the Minister well knows, supports 2.5 million jobs and is worth £125 billion. Yet, in 2021, the Government said that arts subjects were not a strategic priority. Given that culture is one of our most dynamic and growing sectors, is this still official Government policy? If it is, will the Minister commit to reviewing and reversing this damaging and neglectful approach to our arts and cultural industries?
Lord Parkinson of Whitley Bay (Con)
The noble Lord is absolutely right to point to the importance of arts and culture to our economy, as well as our society. It is one of the Chancellor’s five priority areas for the economy, and that was reflected in the Budget through the tax reliefs and through the direct investment that was made. He is also right to talk about the importance of cultural education, so that we can unleash the talents of everybody and make sure that future generations have the ability to join, enjoy and pursue a lifetime in arts and culture. That is why I am delighted that the noble Baroness, Lady Bull, is helping lead the advisory panel to inform our new cultural education plan, working jointly with DCMS and the Department for Education.
Human Rights: Sportswashing
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The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, I too have greatly enjoyed this excellent debate. I thank the noble Lord, Lord Scriven, for securing it and setting it out in the way that he did. It has taken in a great sweep of history: the 1936 Olympic Games in Berlin and the 1980 Games in Moscow featured prominently, of course, but the noble Baroness, Lady Bennett of Manor Castle, took us back to Mount Olympus and even greater historical roots.
It was a debate where there was genuine disagreement on points of principle, set out eloquently in the opening speech by the noble Lord, Lord Scriven, and the powerful contributions from my noble friends Lord Moynihan and Lord Hayward, the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Thomas, and I thank them for that. We have seen competing ideas playing out in this arena in a great reflection of the very best value of sporting events, and it was good to have that reflection. It is important to touch on the vital issue of human rights, which are of course of the utmost importance. We must ensure that the Government and our sporting bodies work together as one on this.
Beyond the game played on a pitch, field or track, sport is a way for people of all nations to display pride in their country and to show off the very best of their nation on the world stage. That is something that the nations of the UK do, just as countries around the world do. We are blessed with an abundance of sporting assets in this country, such as the Premier League, our rugby and cricket teams, and a large number of internationally renowned sports men and women, including our wonderful Olympic and Paralympic athletes who are due to compete on the global stage once again in Paris this summer, and I am sure noble Lords will want to join me in wishing them the best as they do so.
The UK has a proud record of hosting major sporting events. Since the London 2012 Olympics, which my noble friend Lord Moynihan, the noble Baroness, Lady Grey-Thompson, and others were instrumental in, we have hosted some of the biggest sporting events in the world, included the Tour de France in 2014, the Rugby World Cup in 2015, the Commonwealth Games in Birmingham in 2022, the Rugby League World Cup in 2021 and the UEFA Women’s Euros in 2022. We are set to continue our stellar hosting reputation with the Women’s Rugby World Cup next year, not to mention the UK and Ireland securing the men’s UEFA European Championships 2028. Every year we host a number of the world’s biggest annual sporting events, including Wimbledon and the British Grand Prix at Silverstone—which I was delighted to see will remain the home of the British Grand Prix for at least another 10 years thanks to the signing of a 10-year deal to host it all the way through to 2034.
As noble Lords reflected in their contributions, major sporting events are not just for the fans and the people who love watching live sports; they have a much wider impact, one that is felt around this country and around the globe. They help to bring pride and touch the lives of many people in meaningful ways. They inspire people to get active and to push themselves. It is not just our teams, our leagues and our professional athletes that make their mark globally; major sporting events can be used as a way to catalyse investment in facilities to ensure that anyone who wants to take part in sport is able to do so. We have seen that with the Government’s direct investment of over £325 million in improving grass-roots facilities across the UK, as well as the Lionesses Futures Fund, which provides £30 million for 30 state-of-the-art facilities to increase access for women and girls, as well as to celebrate the successes of the Lionesses.
Major sporting events are an excellent way to demonstrate to the world the best that this country has to offer: our infrastructure, our expertise, our culture, and of course our people. Sport shows the very best of humanity and is important in bringing countries together, particularly in difficult circumstances or in times of conflict or uncertainty. It allows us to build bonds with other nations through friendly competition and by sharing a common human experience. The effects of such great sporting moments ripple beyond our athletes and those who are directly involved in putting on these events by allowing millions of people across the globe to share and learn about each other’s cultures and values.
We continue to engage on an international level and directly with other nations about the importance of those values, but we recognise that, crucially, sport is autonomous. Participation in international sporting events is a matter for relevant international sports federations and the national representatives to them. The UK’s sports bodies operate independently of government and, indeed, enshrine that political freedom in their rules and regulations. It is not for the Government to direct or mandate with whom our sports bodies must or must not engage.
On human rights, however, the UK believes that strong democratic institutions and accountable Governments who uphold human rights and the rule of law are key, fundamental building blocks for secure and prosperous societies. Protecting a stable and open international order that safeguards human rights is the cornerstone of UK foreign policy. Globally, our work on human rights is tailored and responsive to the context of individual countries, but, through sustained engagement, often in collaboration and partnership with others, the Foreign, Commonwealth and Development Office works to exert influence over the long term to achieve impact.
In his opening speech, the noble Lord, Lord Scriven, asked me a number of questions, which I will address now. He asked, first, whether the Government have a working definition of “sportswashing”. The short answer is that we do not. The UK believes that strong, democratic institutions and accountable Governments who uphold human rights and the rule of law are fundamental building blocks for secure and prosperous societies, as I said, and has that tailored approach, responsive to each country’s context. We do not seek to define a disparate group of actors and their aims, and we do not consider the question of human rights to be a sports-specific issue, in the same way that it is not a culture-specific issue. We look at it, in and of itself, through many lenses, including sport.
The noble Lord asked particularly about Bahrain, a country with which the UK provides technical assistance for ongoing reform, supporting progress in a number of human rights areas, including alternative sentencing, juvenile justice laws and the development of oversight bodies. The progress that we have seen from that work was reflected in the recent decision to remove Bahrain as a human rights priority country by the Foreign Office. We believe that engagement and support for Bahraini-led reform has delivered, and will continue to deliver, more than disengaging would.
The noble Lord, Lord Scriven, understandably raised the case of Sayed Hashim, as did the noble Baroness, Lady Bennett. The Foreign Office is aware of Sayed Hashim’s detention and we encourage the Government of Bahrain to meet all of their human rights commitments. We also encourage those with specific concerns to raise them directly with the appropriate Bahraini oversight body. I know that the noble Lord campaigns diligently on this and other cases in relation to Bahrain.
The noble Lord also asked about the new independent football regulator. I look forward to the debates we will have on that Bill when it comes to your Lordships’ House—it is a Bill of two Houses—but we have had a very useful anticipation of some of the issues that we will rightly look at when it is here for your Lordships’ scrutiny. On whether the new independent regulator would seek to prevent takeovers or look at questions of ownership on the basis of foreign policy or human rights concerns, or the roles of foreign Governments, the tests for the new regulator have been designed to reduce the risk of unsuitable custodians of teams, without deterring investment.
We do not believe that the new independent regulator should get involved in issues of foreign policy; that is rightly a matter for the Government, accountable to Parliament as they are. In fact, the new independent regulator will have a statutory duty to have regard to the Government’s foreign and trade policy objectives, so that it can follow the things that Parliament has scrutinised and the Government have set out.
We do not think it would be appropriate for a football regulator to make unilateral assessments of human rights concerns. If an owner or officer is sanctioned in accordance with the Global Human Rights Sanctions Regulations, which the Government brought forward and were approved in 2020, they would most likely be prohibited from being a club owner or director. The regulator’s primary focus is the financial sustainability of clubs and the industry, in the way that the noble Lord, Lord Bassam, alluded to. Clubs have many ownership types, including state ownership or owners who may be connected to foreign Governments—but I look forward to debating this more in our consideration of the Bill.
Finally, the noble Lord, Lord Scriven, asked about His Majesty’s ambassador to Bahrain and the grand prix there—a point that the noble Baroness, Lady Bennett, also followed up. The ambassador and his colleagues—and, indeed, colleagues at the Foreign Office here in London—regularly engage with Bahrain on human rights issues. That includes attending sporting events such as the grand prix; His Majesty’s ambassadors around the world attend a number of sporting events hosted in countries. The events are an opportunity for them to have conversations and raise issues, as they do.
We are proud that Formula 1 is headquartered in London, with its technical operations based in Kent. We are proud that seven of the 10 Formula 1 teams are based in the UK. Currently, over 6,000 people are employed directly through the sport in the UK, with over 4,500 suppliers. Formula 1 itself has made it clear that human rights are mentioned in the contracts it signs and that any adverse human rights issues arising from its events will not be tolerated—that includes media, freedom of speech and peaceful and lawful protest at events. But, whatever the sport, we are clear that we expect all our businesses to comply with all applicable laws to identify and prevent human rights risks and to behave in line with the guiding principles on business and human rights, including in their management of supply chains here and overseas.
Baroness Bennett of Manor Castle (GP)
Before we get away from the video, will the Minister defend the words that the UK ambassador said in it?
Lord Parkinson of Whitley Bay (Con)
I have not seen the video, and I do not want to defend words I have not heard. I have set out how His Majesty’s ambassador and all Crown servants overseas follow the policies of His Majesty’s Government and are rightly held to account for what they say publicly—but my colleagues at the Foreign, Commonwealth and Development Office are perhaps better placed to discuss that.
It is important that we continue to have direct conversations on human rights and other important matters. The UK continues to show global leadership in encouraging all states to uphold international rights obligations and to ensure that those who violate human rights are held to account. The noble Lord, Lord Scriven, mentioned the World Cup in Qatar, where I hope he saw that my right honourable friend Stuart Andrew—the Minister for Sport and the Minister for Equality—made the point directly by wearing the OneLove rainbow armband when he attended. By doing so, he showed that we do not shy away from these conversations and gestures. Following the tournament, we continue to engage with Qatar, which has moved forward on labour rights, as noted by noble Lords, including my noble friend Lord Moynihan, who pointed to the independent monitoring done by the International Labour Organization.
The benefits of inward investment are key in international sport. In the last decade, there has been an unprecedented level of interest and a flow of private capital investment into the sports sector globally, particularly from international institutional investors. Like others, I think my noble friend Lord Hayward did us a great service in this debate by touching on the importance of sponsors. The Government have consistently supported the UN guiding principles on business and human rights, which are widely regarded as the authoritative international framework to steer practical action by both Governments and businesses across the world in this important area.
The last decade has seen growth in a number of areas across sport, with significant levels of new and innovative investment, particularly in women’s sport. The Government have outlined the important role of inward investment in our sports sector through their recently published sports strategy, which works to encourage investment in our sport system in a sustainable manner. We will work across government departments and with external partners to highlight best practice and opportunities for inward investment in our domestic sport, including women’s sport.
In July, the Government hosted the inaugural investment in sport symposium, bringing people from the sector together with investors and other associated organisations to discuss the opportunities that are available. We have also launched a new women’s sport investment accelerator pilot scheme, which brings UK-based women’s sports rights holders who are seeking investment together with industry experts and investors. We believe there are further opportunities within the sector, in the form of viable investment propositions for the right investors who are committed to the long-term growth and health of the sport.
I am grateful to the noble Lord for what has been a timely debate and a chance to look ahead to the debates we will have on the independent football regulator, but also a powerful opportunity to remind us of the importance of how the Government engage with countries around the world through sport and in other ways, to the benefit of the UK, our sportsmen and sportswomen, and the millions of people across the country who enjoy sport in all its forms.
I was struck by what the noble Lord, Lord Thomas of Gresford, said. There is a powerful lesson in the example of Lloyd George, whose comments about the impression he formed at the 1936 Olympic Games are difficult to hear, not just for the noble Lord and his colleagues on the Liberal Benches but for us all. But I am glad that, as we look back on those Olympics, it is the figure of Jesse Owens, with his impressive four gold medals, that looms larger in the historical imagination, underlining the importance of seizing the opportunity of sporting events to advance important conversations on matters of human rights and politics, which, as noble Lords have rightly said, are often intertwined.