BBC: Resignation of Director-General
Viscount Younger of Leckie Excerpts(13 years, 3 months ago)
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Viscount Younger of Leckie
My Lords, I wish to repeat an answer to an Urgent Question tabled in the other place made by the right honourable Secretary of State for Culture, Media and Sport, which is taken as a Statement in your Lordships’ House. The Statement is as follows.
“The BBC is a global British institution, of huge importance and value to millions of licence fee payers and people all over the world who look to it as an exemplar of independent public service broadcasting. In light of the ongoing crisis, it is crucial that the BBC puts the systems in place to ensure it can continue to make the first-class news and current affairs programmes on which its reputation rests.
George Entwistle has taken full responsibility for the failings of “Newsnight” in his role as editor in chief and it was for this reason that he decided to resign yesterday. The circumstances of his departure make it hard to justify the level of severance money that has been agreed. Contractual arrangements are a matter for the BBC Trust but the trust also has clear responsibilities to ensure value for money for the licence fee payer. I know that the noble Lord, Lord Patten, has written to the chair of the Culture, Media and Sport Select Committee outlining why the trust took the decision it did and this letter has been made public.
It is right that the trust should account publicly for that decision. I have repeatedly emphasised the need for full transparency to rebuild public trust. Members will know that there are now in place procedures to scrutinise the BBC’s decisions in terms of delivering value for money—procedures strengthened by the Government. The National Audit Office is empowered to conduct a value-for-money review of any issue. If it decides to review this issue then I expect that the BBC would co-operate fully.
The BBC is in the midst of the most serious of crises. I have made it clear, both publicly and privately, that the trust was slow off the mark in responding to the initial crisis over Savile. It is now acting decisively with three reviews, one of which reported yesterday and the other two ongoing. It is in the long-term interests of the future of the BBC to have a period of stability to see this important work completed.
In my conversations with the noble Lord, Lord Patten, I have been clear that the overall aim of the trust must be to rebuild the public’s trust in the BBC. I know that the noble Lord, Lord Patten, agrees. There are three clear things that the BBC needs to do to achieve that. First, the immediate task for the BBC must be to address whatever failings there have been within the editorial process, particularly in “Newsnight”, to restore public confidence in the BBC. The trust needs to act swiftly to ensure that the management and leadership issues are resolved and that these failings cannot be repeated. It is clear from the interim director-general’s interviews today that the BBC is looking seriously at what went wrong, where responsibility lies and how to address this in the longer term. I welcome this.
Secondly, the trust must get the right director-general in post. I know that the noble Lord, Lord Patten, has indicated that he will do this as soon as possible, but above all the trust must get the right candidate to stabilise the BBC and drive through the change that is necessary. As I have said before, the BBC is a global British institution and needs to function effectively and in an exemplary fashion.
Thirdly, we must not lose sight in all this of the inquiries that are at the heart of these events. None of the developments of recent days should overshadow the investigations into the alleged horrendous abuse of children in institutions around the country. It is vital that that the BBC responds correctly and decisively to both Pollard, looking at the decision to drop the “Newsnight” item on Savile, and the Smith inquiry looking at Savile’s abuses and the culture and practices of the BBC.
The BBC is an independent institution and its independence is not and never will be in question. Ultimately, the only organisation that can restore the public’s trust in the BBC is itself”.
My Lords, that concludes the Statement.
Viscount Younger of Leckie
I thank the noble Baroness, Lady Jones, for her response. I entirely agree with her and appreciate very much the support she has given and the offer of cross-party support in this most difficult of times for the BBC. I entirely agree with her that we must allow for some stability and some calm, both for the trust and for the executive of the BBC, to allow them to see through these very difficult problems. I also agree entirely that we must not forget the precise issue that we are talking about, which is focused on the sexual abuse of vulnerable and young people. These, and the reasons behind them, are the issues which are to be investigated. It is vitally important that we get to the bottom of these, find out what happened and make some decisions accordingly. Clearly, there has been an endemic failure of leadership within the BBC. I have every confidence that my noble friend Lord Patten of Barnes has acted decisively and is making the right decisions to take things forward at this time.
The noble Baroness asked a number of questions. As for the level of severance pay for Mr Entwistle, it is up to him to decide whether he wishes to—how shall I put it?—give any money back that he will be receiving. It is entirely up to him. I agree with the noble Baroness about the job description of the director-general. It is not up to the Government to say what the job description should be and how it should be outlined. That is a matter for the BBC. There could well be a rethink of the job description and a relook at the current candidates. However, I again emphasise that that is a matter for the BBC to decide. We must allow the noble Lord, Lord Patten, to continue to work through these issues. He acted decisively yesterday to put in place a procedure for finding a new permanent director-general. I confirm that details of letters will be made public as and when they arrive.
Finally, I concur with the noble Baroness that the BBC is, indeed, a much loved institution. The priority, in a spirit of cross-party support, is to give every support that we can to the BBC at this time.
Baroness Stowell of Beeston
My Lords, before we start with the Back-Bench contributions, I will give the usual reminder that, as this is a Statement, noble Lords have the opportunity to make brief comments and questions only.
Lord King of Bridgwater
My Lords, the Minister is absolutely right to say that this is a matter finally for the BBC to resolve. Certainly, the BBC will survive. That great institution will continue to play an outstanding part in our public life, with the support of all parties in this House. However, Parliament has not served the BBC well in introducing the ludicrous structure of the trust and a separate director-general and his executive board. An all-party Select Committee of this House criticised that proposal at the time. It is now enshrined in a royal charter but it is not impossible to change it. Will the Government give urgent consideration to the mechanics of getting back to a sensible position in which the governors of the BBC are directly involved in issues and the chairman of the BBC has direct responsibility for them, as opposed to this rather remote arm’s-length arrangement? The exact problem about which the committee warned has now occurred.
Viscount Younger of Leckie
I take note of what my noble friend said about the structure of the trust and, indeed, of the BBC. However, I believe that now is not the time to review this. As I said earlier, we must have a period of calm and stability to allow the BBC to make the important decisions that it needs to make. The current BBC charter expires on 31 December 2016. As it is a free-standing instrument, changes to the charter cannot be made by Parliament. It is possible to make changes to the charter before that point only with the agreement of the trust itself.
Baroness Williams of Crosby
My Lords, the BBC and the trust have a direct responsibility to explore in great detail how sexual abuse could take place in the BBC’s own buildings and under its own culture and aegis. Having said that, let us not forget that the BBC is one of the most outstanding achievements of this country. It is a model to other countries and has a structure that has allowed for balance between different opinions and different views without ever being discouraged from pursuing the truth. It is a great institution and the sooner its management recovers the sense of that, the better for all of us. Having said that, I make one other crucial point. We cannot excuse the BBC Trust completely from the rather unwise judgment it made about the compensation to be paid to a director-general who was in place for two months, or slightly less. For the ordinary citizen in our country that is an extraordinary piece of behaviour and one they cannot begin to understand—and neither can I. I hope that candidates who were unsuccessful in the original competition will, like anybody else of outstanding ability and commitment, be included in the BBC Trust’s current selection process for the new director-general. However, as the noble Lord, Lord King, suggested, the BBC Trust needs to look at itself, not just at everybody else.
Viscount Younger of Leckie
I thank my noble friend for her supportive comments about the BBC. Putting aside the awful events that have happened, I wholeheartedly agree that the BBC acts as a role model throughout the world for high-quality journalism and, indeed, high-quality investigative journalism. Your Lordships will know that two inquiries are going on. One is looking into the culture and practices of the BBC, which is more of a long-term investigation. Mr Pollard is looking at editorial matters to find out why the “Newsnight” programme was in the position that it was in. The report will be out at the end of November.
Mr Entwistle’s compensation, to which I alluded earlier and which was mentioned by my noble friend, is a matter for the BBC. I do not wish to go into its precise details.
Lord Pearson of Rannoch
My Lords, the Government rightly say that the only organisation which can restore the public’s trust in the BBC is itself, but can the BBC do so under its present chairman and trustees? I ask that because in at least two of the most important areas facing this nation, they are marching determinedly in the opposite direction to the views of a growing majority of the British people. First, an analysis of the trustees reveals that a large majority of them are climate change enthusiasts.
Lord Pearson of Rannoch
Yes, indeed, my Lords, so it is not surprising that the BBC has decided not to allow informed debate on this subject. Secondly, the BBC remains blindly Europhile—I can prove that too—as exemplified by its chairman, who has a large EU pension which he could lose if he went against what the European Commission regards as the interests of the European communities. I need scarcely add that those interests are no longer the interests of this country.
Viscount Younger of Leckie
I do not wish to comment on the European matters mentioned by the noble Lord. As I said, although the trust could have acted more quickly with its initial inquiries, I feel that it is now acting decisively to address this crisis. The noble Lord, Lord Patten, has a key role in ensuring that this crisis is handled well. Again, I support him in everything that he is doing to sort out the mess.
Lord Jay of Ewelme
My Lords, it seems that the BBC has made two quite bad but very different mistakes over this period. It also seems that the BBC has become virtually ungovernable. I understand why the Government and the Opposition do not want to meddle in the BBC’s affairs, but to do nothing while the BBC deals with these difficulties seems to me to be quite difficult to justify. I wonder whether the Minister could confirm that he will do all that he can to support the noble Lord, Lord Patten, in the radical overhaul of the governance arrangements of the BBC, of which he spoke, so that once again we can have the confident, world-class, thoroughly professional BBC that has been so important for this country and its reputation both in Britain and abroad.
Viscount Younger of Leckie
I do not know whether it is true to say that the BBC is actually ungovernable. As I said earlier, some very serious problems need to be addressed within the BBC. I absolutely agree with the noble Lord that we should give the noble Lord, Lord Patten, every support that we can to sort out these issues at this very difficult time.
Lord Morris of Aberavon
My Lords, the extent to which the BBC lost the plot is illustrated by its failure in what I hope is an exceptional incident: to put to Lord McAlpine the facts that it was alleging. Why was there such an elementary failure to put these matters to him, contrary to law and natural justice? It is not rocket science.
Viscount Younger of Leckie
The noble and learned Lord makes a passionate point. I agree that what happened concerning the naming of Lord McAlpine was completely abhorrent. There are inquiries into the matter and I do not want to comment any further. We are looking to get to the bottom of that through the BBC. It is a matter for the corporation.
Lord Inglewood
My Lords, although I recognise the ghastliness of the events that we are talking about, does the Minister agree that the independence of the BBC is a central phenomenon that we must retain and that it would be a mistake, particularly as none of us knows the true facts, for those in positions such as ours to shoot from the hip? Will the Minister confirm that when the facts are clear and the steps that should be taken have been taken, the matter will come back to the House so that we can have a full debate on exactly what has occurred?
Viscount Younger of Leckie
I agree that it is very important indeed to uphold the independence of the BBC, but at this stage I cannot confirm whether there will be a debate. I am certain, however, that discussions are taking place to decide if there will be one in the future.
Lord Grocott
While everyone is agreed on the seriousness of the crisis that has engulfed the BBC, it is worth reflecting that it was a BBC programme, “Panorama”, which investigated the problems surrounding the Savile issue. One recent aspect of the crisis that has overtaken us is that BBC news bulletins have been leading on this issue hour after hour, day after day. Does the Minister agree that it is difficult to think of any organisation, let alone any news organisation—print or broadcast—which, having acknowledged incredibly serious editorial errors, would be as unremittingly self-critical and as open to public scrutiny?
Viscount Younger of Leckie
The noble Lord makes a very good point. Putting aside the very difficult issues that have arisen over these programmes—which I will not go into—the BBC inquiries will look at all the details and I am sure that in due course we will hear precisely what happened.
Lord Low of Dalston
I certainly associate myself with the important points that the noble Lord, Lord Grocott, made and that the Minister acknowledged. The BBC has obviously sustained a blow to its credibility and to the trust that is widely reposed in it, and I suppose that this may be described as a crisis. However, I hope that the Minister would agree—and I take it from what he said that he would—that these things must be kept in proportion and that it would be absurd to suggest that a feeding frenzy over particular incidents, however serious, constitutes a global threat to the BBC’s brand, which remains strong overall and rightly continues to command widespread trust and respect.
Viscount Younger of Leckie
I agree very much with the comments of the noble Lord; we must keep the issues in proportion. He is completely correct. I was alarmed by the feeding frenzy that came out of the press, particularly some of the headlines regarding the resignation of Mr Entwistle. I believe this should be a period of calm; there is a need for stability to allow the BBC to work through these very difficult problems. I appreciate the comments made by the noble Lord.
The Lord Bishop of Ripon and Leeds
My Lords, I am very grateful that in the initial Statement the Minister said that we must continue to recognise the needs of those who have been abused. He spoke of the BBC facing a series of crises. Those who were abused face a far more serious series of crises. Will he stress again that the primary concern at this point needs to be the protection of children and young people? Will he also stress the continuing desire of us all to encourage those who have suffered abuse to come forward so we can change the culture of how we deal with such issues?
Viscount Younger of Leckie
The right reverend Prelate makes a very important point, with which I concur. I encourage all people who have suffered this horrendous abuse to come forward, as a large number already have. I also agree with him that our thoughts today should be with these people who have suffered so badly. His point is well made.
Lord Campbell-Savours
My Lords, will the Minister confirm that heads have rolled at the BBC as a result of a story written not by a BBC journalist but by a freelancer—a Mr Angus Stickler? He sold his story to a “Newsnight” team which was reeling from the consequences of the fallout of the Savile business. The “Newsnight” team was in chaos as a result of that. I am not trying to excuse what happened but let us be absolutely clear: it was not a “Newsnight” employee. It was someone from outside the organisation who, I hope, will no longer be providing information or stories to the BBC in the future.
Viscount Younger of Leckie
The noble Lord makes an interesting point. It is still the case, however, that the BBC remains responsible, despite the fact that, allegedly, there was a freelance journalist involved. Again, these issues will be looked at as part of the ongoing inquiries.
Baroness Jay of Paddington
My Lords, perhaps I may echo or follow the comments of my noble friend Lord Grocott and the noble Lord, Lord Low. One of the things that I was always taught when I worked as a BBC journalist many years ago—and I declare that interest—was the priority of balance, and balance in this matter is absolutely essential. I would ask the Minister to observe that, at the same time as this whole firestorm about the various “Newsnight” problems, which are indeed reprehensible, was occurring, the BBC was once again demonstrating its enormous global power in its coverage of the American presidential election and of the events in Beijing while at the same time maintaining its very close watch—as the noble Lord, Lord Grocott, said—on the problems at home which it itself had partly created. I think that we should observe very strongly the question of balance, particularly when we take note, or do not take note, of the comments of some sections of the press.
Viscount Younger of Leckie
I agree with the noble Baroness’s comments. I consistently have said that we need a period of calm and stability, and the question of balance crops up as part of that. We need to take a balanced look at the issues, and there needs to be balance generally in looking at these very difficult issues.
Lord Roberts of Conwy
My Lords, my noble friend may wish to know that Mr Iain Overton, the editor of the Bureau of Investigative Journalism which produced the offending piece of shoddy journalism for “Newsnight”, has resigned today. Will my noble friend make certain that we and the BBC are fully informed as to how the organisation headed by Mr Overton secured such a trustworthy position with “Newsnight” so that its work on the north Wales child inquiry was not properly investigated and checked?
Viscount Younger of Leckie
I thank my noble friend for that information. I was alerted to it just before I came into the Chamber. However, I do not have any further details and I would not wish to comment further about the name mentioned. However, I imagine that this issue and the name mentioned will be taken up as part of the inquiry into these issues.
Lord Stoddart of Swindon
Does the noble Viscount agree that the selection pool for the BBC Trust is very narrow? Would it not be as well that that pool should be widened so that a perhaps more critical attitude could be taken of the operations of the BBC? Perhaps one of the new candidates could be the noble Lord, Lord Pearson of Rannoch.
Viscount Younger of Leckie
I would not wish to comment on any particular candidate. I presume that the noble Lord was referring to the search process that the chairman of the trust has said that he would carry out. I am not able to comment on that particular process at the moment. That is a matter, indeed, for the BBC.
Lord Harris of Haringey
My Lords, the right reverend Prelate has rightly reminded the House that the people we should be most concerned about in all this are those who were the victims of abuse. Can the Minister comment on whether the Government feel that the frenzy around the existential crisis of the BBC is not really a distraction from concerns that there was very real abuse in children’s homes in north Wales and elsewhere; that there was an individual who, because of his celebrity, was able to abuse children all over the country; and that we are in danger of being deflected, which of course plays into the hands of those who would rather cover up what happened and the names of those who were ultimately responsible?
Viscount Younger of Leckie
The noble Lord makes a very important point—that we must not lose sight of the awful events that have taken place and of why the BBC is in the position it is in at the moment. However, given a bit of calm and stability the immediate issues will, one hopes, blow over, and those who are now taking the right decisions will make those decisions and follow them through. I am sure that there will be a number of days of continued press reports but I absolutely take the noble Lord’s point that we must not forget the real issue behind these terrible reports.
Education: Conservatoires
Viscount Younger of Leckie Excerpts(13 years, 4 months ago)
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Viscount Younger of Leckie
My Lords, I am grateful to the noble Lord, Lord Lipsey, for this opportunity to set out the Government’s position on the funding of conservatoires—or “conservatories” as I noticed was displayed on the screen today. First, let me put on record my wholehearted support for the excellence of our conservatoires. They are a crucial part of our national cultural heritage and in this year which has seen the Olympics, Paralympics and the Queen’s Jubilee we have seen how these events have drawn on the talents of our creative sector and the amazing skills and determination cultivated by our conservatoires. Who can forget the sight of the Royal College of Music chamber choir singing in the rain at the Jubilee pageant?
The Olympics saw conservatoire alumni at their best. The contributions of stars such as Dame Evelyn Glennie, Annie Lennox and Kenneth Branagh showcased Britain and British talent around the world. The Paralympics witnessed the inspirational David Toole, the dancing star of the closing ceremony, and Errollyn Wallen, a teacher from Trinity Laban, whose work contributed to the amazing spectacle. Noble Lords have alluded to their own areas and I have taken note of the contribution from my noble friend Lord Lexden, who rightly highlighted the position as regards a Northern Ireland conservatoire, and the noble Lord, Lord Grocott, who focused on Birmingham. I also noted the reference to Aldeburgh and Britten, where I have been myself, as noted by the noble Lord, Lord Haskel. The contributions from that beautiful part of the country are clearly invaluable and well renowned.
My own commitment to our conservatoires and the arts is sincere, although my participation in the Parliament choir, along with the noble Baroness, Lady McIntosh, may not be of a sufficient standard to meet the entry requirements for some of these highly prestigious institutions, where there is often only one place for every three or four applicants.
As has been clearly articulated this evening, notably by the noble Lords, Lord Lipsey and Lord Aberdare, and my noble friend Lord Maclennan of Rogart, our conservatoires are a significant national asset and their impact is felt beyond these shores. They, including Trinity Laban, are worth more than £130 million to our economy and are a force for good. I recognise that there are concerns for conservatoires, as there are within the broader higher education sector, to do with the impact of the Government’s higher education funding reforms.
However, I welcome this chance, if not to resolve all funding concerns, at least to place them in context. That context is, of course, the tough decisions that have been forced upon us by the global downturn. We have had to reform our higher education finance system and to rebalance funding between the state and the student while ensuring that those from lower-income backgrounds have no barriers to access.
This month, the first cohort of students will arrive at English universities under the new tuition fees regime. While UCAS reports an overall drop in entrants this year, some of which is due to a demographic dip in the number of 18 year-olds—I take note of the views expressed by the noble Baroness, Lady Jones—there are of course still very many more applications than places both at our conservatoires and across higher education. Competition remains fierce.
I know the noble Lord, Lord Lipsey, recently met the Universities Minister to discuss the position of Trinity Laban. They had a productive discussion in which the Minister was able to provide some assurances that the unique challenges faced by conservatoires will continue to be reflected by the funding council. Despite all the controversy, the financing changes that we have introduced are in the best interests of universities, students and the nation in the long term. They will provide a sustainable funding system for institutions, underpinned by a solid student support system.
Public funding will continue to flow to our conservatoires through the government-backed tuition fee loans for students and the continued central funding to support the extra costs of running high-cost specialist institutions, such as conservatoires. In addition, support for strategically important and vulnerable subjects will remain. The funding council and research councils will continue to support the conservatoire network.
I have certainly noted the comments made by the noble Lord, Lord Lipsey, on funding. In England, Higher Education Funding Council funding alone for conservatoires will amount to more than £40 million in 2012-13, which includes support for teaching, research and widening participation. My noble friend Lord German has highlighted the importance of consistency and I hope that he finds this information helpful.
Perhaps to the surprise of many of your Lordships today, the latest assessment of the financial health of English higher education institutions showed the sector reporting strong surpluses, large cash balances and healthy reserves. It is a sector financially well prepared for the new funding system. The study showed the majority of the key financial indicators as the best on record. This will help institutions to manage the challenges arising from the transition to a new funding regime where the coalition has been able to cut public spending without reducing the overall funds reaching our universities. The withdrawal of the block grant will bring a healthy market to the sector and student choice will drive up quality as institutions strive to attract students. Overall, the total public investment in the English higher education sector remains significant—some £14 billion this year.
If we focus for a moment on capital projects, we have to manage our financial resources prudently. However, this evening, I am delighted to announce that the Chancellor was able to say that there will be an additional £200 million for the Research Partnership Investment Fund for supporting long-term university capital projects. This fund, launched in the 2012 Budget with a government investment of £100 million, will support universities to develop infrastructure projects if they can match the funding by at least double from private companies or charities. That might partly answer the concerns of the noble Lord, Lord Lipsey, as regards the peeling paint at Greenwich.
I now turn to the importance of philanthropy. I understand that it is a challenge in these financially strapped times for every institution to diversify its income streams. Conservatoires already do well in this and do not rely solely on central government funding. Indeed, for some, their public funding is a minority income stream. But although our universities have made progress in recent years and funds raised by voluntary giving in the UK in the past five years have increased from £513 million to £693 million, I am sure all institutions will find there is more that they want to do to generate an increase in philanthropic giving. All will want to develop strategies to stimulate donations in order to position their institution as an attractive proposition to enable them to draw in funding to support their goals.
This Government salute our philanthropists and we think the work that they do is incredibly important. We want to do everything we can to recognise it. I know that many of our conservatoires have been highly successful in attracting donations and endowments. Just last month the Royal College of Art opened the Dyson building, which was built with a £5 million donation from the James Dyson Foundation.
Of course, elsewhere the arts are well supported. Taking account of lottery as well as government funding, the Arts Council will receive some £2.3 billion over the next four years.
I move on to the question of US loans for students, highlighted by the noble Lord, Lord Wills, and the noble Baroness, Lady Warwick. I understand that there have been changes to the terms of United States federal loans for US students who are studying abroad. The new requirement is that foreign institutions must have their own degree-awarding powers, in their eyes, in order for their US students to be eligible for US federal aid overseas. That affects some, though not all, of our conservatoires—I believe Glasgow was mentioned this evening. My honourable friend the Minister for Universities is continuing to pursue this matter with Martha Kanter, under-secretary at the US Department of Education, to explain the problem posed for these distinctive institutions. A further discussion is due to be held next week, but of course this is a decision taken by our American cousins and not something for which Her Majesty’s Government can take responsibility. I urge all noble Lords with any contacts to use their influence in the United States to press this case.
Many comments have been made, mainly by the noble Lords, Lord Low and Lord Wills, as well as my noble friend Lord Geddes, about international students and post-study. I will need to get back to noble Lords on those because time is running on.
This has been a stimulating debate and I welcome this opportunity to hear from the many noble Lords whose experience with conservatoires and universities is richer than my own, but I want to conclude by assuring your Lordships that our higher education sector is in good health, and that our conservatoires are recognised as beacons of excellence nationally and internationally. It is an unfortunate truth that it is never possible in a publicly funded system that every funding need for every priority can be met. Government must balance its priorities. We are entering a new age of uncertainty, with the bulk of funding following student choice, but I hope your Lordships will appreciate the significant steps that have been taken by the funding council, and by the Government, to recognise the unique nature of the conservatoires, to fund them appropriately, and to support their valuable contribution to our nation’s cultural health, well-being and heritage.
On international students and post-study, the unique contribution made by international students cannot be overstated. While the Government are clear that they cannot tolerate abuse of the visa system, make no mistake that they are committed to continuing to welcome bright, creative people to our institutions. London Metropolitan was unfortunate, but our top priority has been to support legitimate students to continue their studies. Replacing the post-study work route was essential, but those in creative occupations can still apply through Tier 5 by applying from overseas. Twelve months’ leave can be granted and extended to two years without a salary threshold. On that note I will finish.
Health and Safety: Common Sense Common Safety
Viscount Younger of Leckie Excerpts(15 years, 2 months ago)
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Viscount Younger of Leckie
My Lords, I warmly welcome this debate and the report produced by my noble friend Lord Young of Graffham. It is pleasing to read that it has received broad acclaim as a distinctive catalyst for change in advocating a more measured, proportionate degree of protection from litigation for businesses, shops and schools. It is a start as a retraction from the current culture of fear of those who are too easily able to seek redress through compensation. As well as seeking to liberate businesses, particularly small and medium-sized ones that employ more than five people, the proposals will have a significant positive impact on the voluntary sector and on extra-curricular educational activities.
Of course, it takes only one tragic accident to give the impression that the law, particularly the Health and Safety at Work etc. Act 1974, is wanting. The press can misreport and exaggerate. However, accidents, injuries and work-related illnesses must continue to raise important questions in seeking always to prevent and protect under common and criminal law. The fact that in 2007-08 there were 2.7 fatalities for every 100,000 employees and more than 100,000 non-fatal injuries, although one of the lowest rates in Europe, still cautions us against complacency.
Critical to achieving the right balance is the proposed production of a code of practice that in its detail and clarity will not be prescriptive but will be a guide to allow a determination of what is reasonably practical in setting up sensible health and safety protection specific to individual cases. I applaud the idea in the report that a specific code for schools and colleges be implemented to replace the Adventure Activities Licensing Authority, to be highlighted separately within the Health and Safety at Work etc. Act. This will assist schools in managing the safety aspects of outdoor activities, allowing for healthy and acceptable degrees of risk.
In the field of employment law, an employer has to be seen to be acting reasonably within the law in management and behaviour in the workplace. Just as tribunals sit to pass judgment on the reasonableness of the behaviour and actions of employers to their employees, courts can better pass judgment with reference to a code of practice in health and safety. The question can therefore be asked: did the employer, the shop, the school take all reasonably practical steps to assess and implement risk mitigation? The onus must remain on businesses and schools to understand the guidelines and comply with the code of practice.
Under the auspices of the Health and Safety Executive, the proposal for a network of properly accredited health and safety professionals is welcome. There is the prospect of better advice on the definition for customers of what is deemed to be reasonably practical, but there must be a significant change in culture in respect of low-hazard small businesses, sole traders and individuals in good Samaritan roles. These categories have most to lose from those who abuse compensation claims. Businesses whose turnover is modest can be disproportionately adversely affected, or even made bankrupt, if they are not covered by insurance.
As my noble friend Lord Faulks mentioned in his excellent maiden speech, the Compensation Act 2006 addresses some of these issues. In determining, and possibly reducing, negligence claims, courts are allowed to have regard to a sense of perspective on and a proportionate response to the nature of an activity, its future desirability and its benefit for society or the community. Such changes to health and safety regulation are highly desirable in developing the role of the voluntary sector. As I highlighted in my maiden speech, empowering and encouraging more individuals as volunteers to enlist for local tasks or projects is a crucial step in shifting responsibility from the state to the local level. It is a considerable disincentive to helping in the community, in offering care or running a pub, if the threat of civil negligence is prevalent. I hope that the Government will exempt from negligence those who have acted in good faith in helping others where an incident has occurred without deliberate cause, perhaps through extending the Crown Prosecution Service codes of practice where protection is offered to those who intervene in a crime.
In the spirit of sensible protection, I urge the Government to introduce a fast-track process for referral to the ombudsman of a perceived unfair decision by an authority not to hold an event such as a village fête or concert so that it can still have the chance to proceed and not incur cancellation costs. To echo the title of the report, common sense must be the overriding feature of health and safety protection. There must always be a “bottom line” defence: in other words, a necessary protection from unscrupulous employers or cavalier outdoor adventure managers.
The legal framework and new codes of practice must lead to a liberation: that is, to freeing up society to help itself, to being proactive, and to individuals taking personal responsibility. The changes will engender greater confidence to encourage creativity and innovation in new businesses and to encourage schools to stimulate and educate children in riskier sports and other activities outside the classroom.