Draft Small-scale Radio Multiplex and Community Digital Radio Order 2019

Debate between Margot James and Kevin Brennan

Tuesday 16th July 2019 General Committees

[Margot James]

I thank the shadow Minister for his forensic analysis of the regulations. He asks many good questions; I will do my best to answer them here and now, but if he feels toward the end of my summary that there are some burning issues outstanding, no doubt he will intervene, and I will then write to him on any other matters that require further explanation.

The hon. Gentleman has been through the consultation, to which we received 70 very detailed responses. We have assessed all those responses. He asked for my vision of how this will look in 10 years’ time; we have tried to strike a balance between the need for commercial investment, knowledge and know-how into the radio sector as we move toward majority digital listening, and the absolute protection of the opportunities for genuine community radio stations, so that they are not priced out of business or consolidated to form, in effect, a national chain.

I share the hon. Gentleman’s view that that is the tension. We have done our best to strike the right balance. I will go through some of the points he raised in more detail. Reinforcing these regulations is the fact that Ofcom completed its localness review and developed new localness guidance at the end of last year, to ensure that in any consolidation of radio stations there must be strong local reporting, local news and other local content to all stations, regardless of ownership. We are seeking to protect localness not simply through the ownership structures but through regulations.

We have a great number of restrictions, which I will go through. Returning to the vision for the future, the other important element is that we want radio to continue to grow, to be dynamic and to meet the needs of not only local populations but diverse populations. There is endless capacity, with the digital revolution in radio, for radio stations to be set up to serve niche interest groups as well as localities, and we want to see that dynamism flourish. That is what is behind these regulations.

The hon. Gentleman is right that the digital figures are going up, but they are still only just more than 50%, so we need to look after the rest of radio. My Department and I announced two months ago that we would undertake a review of radio overall, which will look at analogue services as well as the future of digital radio.

We intend to apply protections to the licences that Ofcom will provide. We will limit any company to a maximum of 20% of all licences that are available at any given time. We will limit the involvement of existing national operators. The hon. Gentleman asked about the likes of Bauer and Global; those types of national operators will only be able to hold a maximum 30% stake in a company holding the licence, and they will be limited to being involved in a maximum of six licences.

Local radio multiplex operators may hold a small-scale radio multiplex licence, except where the coverage area of that local radio multiplex overlaps with the coverage area of the small-scale radio multiplex service. The overlapping regulations are complex, but they are designed to prevent the creep of local stations into regional stations and ultimately under national ownership. Preventing small-scale radio multiplex licences from holding adjacent licences from the coverage overlap is significant within a single local radio multiplex area. We believe that it will prevent the build-up of regional licensees.

In terms of community radio, the hon. Gentleman asked about small-scale multiplex licences, and whether Ofcom should give additional weight to applicants promoting C-DSPs to return any surplus into the local community station sector. We think that the current position is reasonably clear. Ofcom has to consider the extent of involvement of community radio in a particular application when awarding small-scale radio multiplex licences. Specific requirements on multiplex operators to promote or invest in the sector have not really worked for local television.

The hon. Gentleman also asked about price transparency and whether we should charge C-DSPs at net cost. We considered that as part of the industry consultation, but we believe that the extensive protections that we have in place will ensure that the carriage costs for community radio services will be reasonable. The conditions and restrictions that we have put in place form a better approach than undertaking a complex price control structure, which would be difficult to enforce.

I think the hon. Gentleman asked about fixed-cost allowances—I cannot remember whether he did or not, to be honest. Ofcom has created a regime for community radio stations on a digital platform, comparable to the analogue stations set up under the original community radio order. He did ask about simulcast broadcast over FM and DAB services. That will be permitted and encouraged under Ofcom guidelines, and will be supported.

The hon. Gentleman also talked about the fall in income of radio stations and community radio stations. It is a diverse market. Some stations have flourished, in terms of not just the content that they provide but the income that they are building up and the number of listeners that they reach. As I said at the beginning, it is important that we balance the need for investment and the profit motive with the community structure, because if the market becomes too fragmented and too oriented to not-for-profit, one might find that the picture that he paints of declining revenues persists.

[Kevin Brennan]

Will the Minister give way?

[Margot James]

Yes, I will gladly give way as I try to find my notes!

[Kevin Brennan]

Some in-flight refuelling required, I think. Can the Minister say anything about the £15,000 limit, and why the automatic extension of licences is being applied across the piece, preventing other community radio players from being able to apply for FM licences?

[Margot James]

To answer the second question first, we are undertaking a review of radio, into which I will happily incorporate his concerns. There is a scarcity of available FM, which is a key constraint, as I am sure the hon. Gentleman will accept. With regard to funding, in addition to the £15,000 limit, 50% on any income above the £15,000 would be permitted. That was changed in 2015. Any further relaxation would, we think, take community radio away from the not-for-profit model. We believe that there is a need for some restrictions, as well as demand for community radio, as seen by the demand in recent Ofcom licensing reviews.

The hon. Gentleman also asked about the community radio fund, which is at the moment £400,000. That has gone up in the last two years, and we will keep that figure under review. We recognise the need for the fund, but we do not envisage its being spread about all the stations. We want to give some mind to innovation, and to areas where there is a scarcity of supply of community radio. There are all sorts of criteria by which community stations can apply to the fund for resources, so it will not be equally spread over all the stations; not all of them will need it.

Unless the hon. Gentleman wishes me to write to him on any other points, I express my gratitude again for his scrutiny. We believe that the widespread development of small-scale radio multiplexes will result in huge collaboration between commercial and community radio to provide a more diverse mix of exciting new content for listeners. I believe that we have the constraints on the potential for too much national direction about right, but we will definitely keep that important matter under review. I commend the draft order to the Committee.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Small-scale Radio Multiplex and Community Digital Radio Order 2019.

BBC

Debate between Margot James and Kevin Brennan

Monday 15th July 2019 Westminster Hall

[Margot James]

I am glad my right hon. Friend loved it. It was a series that illustrated the importance of diversity in the BBC: a regional series set in Halifax, written by a BAFTA-winning director and playwright, Sally Wainwright—also from Yorkshire—and co-produced by BBC Studios and Lookout Point. I wish that such a series had been aired when I was growing up in the 1970s.

Of course, it is the licence fee that delivers that public value and allows the BBC to reach UK audiences everywhere, from the TVs in our homes to all the gadgets and devices that we carry around with us. The BBC is also required to represent and cater for all sorts of niche interests that may well not attract the attention of a channel that depends on advertising, or even broad-based subscription revenues, for its identity and position. The BBC received close to £3.7 billion in licence fee income last year, and its unique position of providing distinctive content in under-served genres to under-served audiences is vital.

Right hon. and hon. Members will know that we carefully considered the question of the licence fee as part of the BBC charter review process in 2015 and 2016. We found that independent research demonstrated a great deal of public interest in the licence fee. Some 60% of people surveyed backed it as the least worst option, as my right hon. Friend the Member for Wantage (Mr Vaizey) mentioned. For 60%, the licence fee was the mode of payment that they most supported, with fewer than 3% backing either an advertising model or a subscription-based model. Those figures are quite powerful, which is why we have committed to maintaining the licence fee funding model for at least the duration of this new 11-year charter period, which will bring us to the end of 2027. That provides the BBC with the funding certainty that it needs to thrive and deliver its mission and public purposes.

The media landscape is changing all the time, and citizens and consumers have more choice than ever before, particularly in the form of subscription-based services. However, the BBC’s content remains hugely popular. Some 91% of adults in the UK use its services each week, spending an average of 18 hours watching, listening to or using those services. Such figures demonstrate the continuing importance of the BBC in the fast-changing and increasingly competitive media landscape. In addition, the BBC directly invests over £2 billion in the UK’s creative industries each year, and invests billions of pounds in the digital and high-tech industries that support content creation and distribution. It is therefore a very important contributor not only to our shared experiences and public life but to the economy.

I now turn to the over-75s’ licence fee concession. Of course, the Government recognise the importance of television to people of all ages, particularly older people. We have heard a lot today from Members who, having talked to their constituents, have recounted what we all know: that the television can provide a lifeline to older people, particularly those who are recently bereaved or live alone, as a way of staying connected with the world. Right hon. and hon. Members have made that point clear, and I wholeheartedly agree with those sentiments.

However, if we cast our minds back four or five years to the time of the 2015 funding settlement, the Government had an expectation that all public services and public institutions had to find some economies and play their part in reducing the budget deficit overall and bringing some stability and sense to the public finances. Older people, like everybody else, mostly agreed with the need to do so, although they did not necessarily agree with all the means that were identified as routes towards restoring that stability and sense. However, it was agreed with the BBC that the responsibility for that concession would transfer to the BBC by June 2020.

In return, the Government closed the iPlayer loophole so that more people paid the licence fee. Many more people now pay the licence fee, leading to an uptick in the BBC’s revenues. The Government also committed to increase the licence fee in line with inflation during the charter period, which for the first time gave the BBC a more sustainable income for the future. At the time, the Government and the BBC agreed it was a fair deal. Indeed, the director-general said:

“The Government’s decision here to put the cost of the over-75s on us has been more than matched by the deal coming back for the BBC.”

Parliament debated the issue extensively in passing the Digital Economy Act 2017 and approving the transfer of the legal responsibility for the concession to the BBC. I was a Whip in that Government, and I can tell Members—I am sure you will remember this too, Dame Cheryl—that we had to compromise greatly on a number of very contentious issues, but this was not one of them.

[Kevin Brennan]

Rubbish!

[Margot James]

I will take an intervention from the hon. Gentleman if he likes.

[Kevin Brennan]

I will not let the Minister get away with that absolute rubbish. We tabled extensive amendments in Committee and on Report and opposed the proposal throughout. It was a highly contentious matter.

[Margot James]

To be fair to the hon. Gentleman, he has a fair point—that the matter was contentious—but the proposal got through without the Government having to make compromises, unlike other things. For example, Members might remember the proposals to change Sunday trading laws. That is one of several examples of legislation that the Government had to change because opposition was so great. This transfer of responsibility did not attract the same level of opposition. Enough Members voted it through and Parliament therefore approved it, which is something we have to bear in mind. The responsibility was therefore passed to the BBC with parliamentary approval, and it was accepted by BBC governors and the director-general, no less.

I am willing to take more interventions on the other points that I have addressed, but I will turn to perceived bias and the BBC. Under its royal charter, the BBC has a duty to deliver high-quality, impartial and accurate news coverage and content. Members have already mentioned that 90% of the public value the news coverage of the BBC and believe in its impartiality. As with all other broadcasters, the BBC is subject to the Ofcom broadcasting code, which includes requirements on accuracy and impartiality. Ofcom is now firmly established as the new external regulator for the BBC. It will act to safeguard the high standards of impartiality that already exist at the BBC.

The Government are clear that the licence fee is the right funding model. It is clear that Ofcom’s robust approach to regulation will safeguard the impartiality that the BBC has a duty to observe. The licence fee concession was passed over, so I do not criticise the BBC for making the decision that it did. The BBC accepted the responsibility, and we should now let it get on and deliver at least a free licence to those over-75s who qualify for pension credit. As the shadow Minister said, the BBC will now write to all people in receipt of a free television licence with the new rules, setting out how they can apply, and I am hopeful that the decision will to a certain extent rectify the underclaiming of pension credit. Those 37% of people over the age of 75 who are entitled to pension credit will now have another incentive to claim it.

Oral Answers to Questions

Debate between Margot James and Kevin Brennan

Thursday 4th July 2019 Commons Chamber

[Margot James]

I understand the hon. Gentleman’s concern, but the localness guidelines are strict and tough, and will require large commercial radio corporations to have local studios. They will have to provide a serious amount of local news content, weather, driving information and so on, so I do not share his concern. It is up to Ofcom to police this, and it is doing a good job. We must remember that for local commercial radio, and indeed community radio, to be sustainable, they needed a lighter touch regulatory regime.

[Kevin Brennan (Cardiff West) (Lab)]

May I briefly beg your indulgence, Mr Speaker, to congratulate St Fagans Museum in my constituency on winning the museum of the year award, which was presented last night in a ceremony at the Science Museum?

The hon. Member for Morecambe and Lunesdale (David Morris) said earlier that we needed more local radio, but the results of this deregulation have been job cuts and fewer stations in what is a profitable commercial sector. Is it not time for the decision to be reviewed to assess its impact on localness, and to ensure that local radio does not just become national commercial radio?

[Margot James]

The localness guidelines were published as recently as October last year, so I think it would be premature to announce a review of their impact, but I can reassure the hon. Gentleman that they were welcomed by both commercial and community radio stations. Ofcom has received about 700 expressions of interest in the small-scale DAB multiplexes for which we legislated last month. We hope to be able to complete that legislation by the end of the year so that Ofcom will be able to start issuing licences to hundreds of community radio stations up and down the country. I think that we will see a great growth in this fantastic sector.

TV Licences for Over-75s

Debate between Margot James and Kevin Brennan

Wednesday 8th May 2019 Commons Chamber

[John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)]

I very much support the continuation of the concession, but is it not important to recognise that when the House passed the Digital Economy Act 2017, which transferred responsibility for the concession to the BBC, Opposition Members supported it?

[Kevin Brennan (Cardiff West) (Lab)]

No we did not!

[Margot James]

I thank my hon. Friend for his intervention. I will not get involved—[Interruption.]

--- Later in debate ---

[Margot James]

I take issue with the hon. Gentleman’s asking whether the BBC could find something better to do with the money. Opposition Members have been full of reasons why it would be desirable for the BBC to continue to honour—

[Kevin Brennan]

Will the Minister give way?

--- Later in debate ---

[Margot James]

I will in a minute, but I am still answering the hon. Member for Rhondda (Chris Bryant), because the point he raised was rather moot. Let me address some of the other aspects of his intervention. The BBC enjoyed a significant increase in its income following the most recent licence fee settlement: it received the benefit of iPlayer users having to pay a licence fee and built-in year-on-year inflationary increases for the duration of the five-year licence fee agreement, and the number of licence fee payers grew over that time by at least 300,000. All that has increased the income available to the BBC.

[Kevin Brennan]

I am acting on Mr Speaker’s instructions, because I wish to point out to the Minister and the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), who I do not think was then a Member of the House, that at the time my hon. Friend the Member for Sheffield, Heeley (Louise Haigh) said in the Digital Economy Bill Committee:

“I rise to address new clause 38, which is in my name and that of my hon. Friend the Member for Cardiff West. I am sorry to say that this is where any cross-party consensus on the Bill ends. We absolutely do not support clause 76 or any of the amendments to it. Not only the Opposition, but the more than 4 million over-75s in this country who currently make use of this benefit oppose the clause.”––[Official Report, Digital Economy Public Bill Committee, 27 October 2016; c. 390.]

[Margot James]

I am grateful to the shadow Minister for setting the record straight in terms of who voted for what and when, but the point is that Parliament passed this measure into law through the Digital Economy Act 2017. Of course the Government recognise the importance of providing both this valuable service and opportunities for older people to engage, which is why we launched our loneliness strategy last year. The Under-Secretary of State for Digital, Culture, Media and Sport, my hon. Friend the Member for Eastleigh (Mims Davies), has done a fantastic job in promoting the various services that the Government are funding with new money to enable older people to get connected, whether that be online or through social and sporting events, in 140 hubs across the country. We do take our responsibilities to older people very seriously. We are trying to help combat the loneliness that, as Opposition Members say, is a scourge of the lives of too many older people.

Draft Broadcasting (Amendment) (EU Exit) Regulations 2019

Debate between Margot James and Kevin Brennan

Tuesday 29th January 2019 General Committees

[The Minister for Digital and the Creative Industries (Margot James)]

I beg to move,

That the Committee has considered the draft Broadcasting (Amendment) (EU Exit) Regulations 2019.

It is a pleasure to serve under your chairmanship, Mrs Moon. The Department for Digital, Culture, Media and Sport has worked hard to prepare for the UK’s departure from the EU and to ensure that our statute book continues to function. The draft regulations will achieve three broad aims and were laid before the House on 13 December 2018.

First, the regulations will ensure that Ofcom, as the UK’s audiovisual regulator, can continue to regulate broadcasters effectively. If the UK leaves the EU without an agreement in place, the EU’s audiovisual media services directive will no longer apply. The directive provides for freedom of reception and re-transmission for audiovisual services such as television and video on demand. It also establishes minimum content standards and provides that a service that is regulated in one member state can adhere to that country’s rules while being available across all the EU. This is known as the country of origin principle.

The audiovisual media services directive underpins several pieces of UK primary legislation, including the Communications Act 2003. We are therefore using section 8 powers in the European Union (Withdrawal) Act 2018 to fix deficiencies and inoperabilities in primary legislation to ensure that Ofcom continues to have jurisdiction over services that are available to UK audiences or established in the UK. The draft regulations also ensure that cross-border services that originate from Europe under the Council of Europe convention on transfrontier television can broadcast to the UK. Services from countries that are not parties to the convention will be regulated by Ofcom.

We are not amending the current standards or restrictions placed on UK broadcasters through this instrument; they will continue as before. Should the Government wish to make any changes to the standards or restrictions in the future, that will be subject to consultation and the parliamentary process as normal.

Secondly, the draft regulations will implement the aforementioned Council of Europe treaty in UK law. The European convention on transfrontier television was signed and ratified by the UK in 1993, but it has not been implemented in the UK because the treaty provides that EU member states must apply the relevant EU legislation in their mutual relations instead. The ECTT provides for a similar system of freedom of reception and transmission between the parties to the convention. Both the AVMSD and the ECTT provide that a majority of transmission time on a television channel must be reserved for works of European origin. The AVMSD references the ECTT in its definition of European works, and that in turn safeguards the UK’s status as a producer of European works. The quota system provides a preferential market for the UK’s excellent content across other European states and has benefited our production sector enormously in the last decade.

Finally, the draft regulations will ensure that services with Irish-language content—RTÉ One, RTÉ Two and TG4—will continue to be available in Northern Ireland. The UK made those commitments in the Good Friday agreement and later through the European charter for regional or minority languages. Because those services are established in Ireland, which is not a party to the ECTT, they would need to be licensed by Ofcom under the changes introduced through the draft regulations, but that would not be in the spirit of the Good Friday agreement, so the UK has decided unilaterally to exempt the services from the requirement to hold an Ofcom licence.

[Kevin Brennan (Cardiff West) (Lab)]

Before the Minister concludes, paragraph 7.3 of the explanatory memorandum states that the instrument will remedy the deficiency by amending the Communications Act 2003

“to require that any television service that is available in the UK, whatever its country of origin, is required to be licensed by Ofcom”.

How many businesses that have not required a licence from Ofcom will now have to get one?

[Margot James]

I know what the hon. Gentleman is driving at concerning the risk to businesses that transmit and will require a new licence from Ofcom. I will try to cover that in my concluding remarks, if I may.

My officials have worked closely with Ofcom to ensure that the regulatory regime remains operable and effective in the case of no deal. I believe that the draft regulations are necessary to ensure that the UK statute book works and that audiences are protected from harm.

I can now give the hon. Gentleman something of an answer to his question. Approximately 50 to 60 channels have been identified that may need a licence from Ofcom to continue to be received in the UK. They are mostly specialist minority language channels, religious channels or adult services. I commend the regulations to the Committee.

--- Later in debate ---

[Margot James]

I welcome the hon. Gentleman’s scrutiny of what he rightly calls a complex area post Brexit. The 50 or 60 companies that will for the first time require licences from Ofcom are foreign owned, which is why there is no requirement for an impact assessment, as impact assessments are designed to consider the cost implications of changes in regulations to UK-based companies.

The hon. Gentleman rightly describes the UK’s performance in film, broadcast and television as a great success. A sector that grows at 25% more than the average rate of the economy is certainly a success. In part, that success is indeed down to the very beneficial regime, the AVMSD. As he said, to comply with the requirements of one regulator allows transmission across the entire European Union. The entire European Union’s production in that sector grows by about 18% per annum, following the introduction of the directive. The UK constitutes 21% of the entire European television market, with 1,200 out of 3,000 European channels emanating from the UK. That sector is indeed a great success.

The hon. Gentleman talked about jobs transferring, and some companies have already started to seek licences elsewhere within the European Union. Discovery Channel, NBC, Sony and Turner are all seeking licences elsewhere. Of those four channels, only Sony proposes to move its European headquarters out of the UK. The other companies are content to seek a licence elsewhere, whether in the Netherlands, Ireland or Germany, and move a number of editorial staff so that they have a meaningful presence in the country that entitles them to the country of origin broadcasting privileges. At the moment, it is not possible to assess the number of jobs that are transferring and what will constitute a meaningful presence in a market to get the benefits of the European directive, but the signs are that the majority of companies will continue to operate in the UK, with a presence outside the UK should they need one to qualify for country of origin privileges.

The hon. Gentleman asked about the advertising of junk food and other such issues, which he is right to say that we are looking at, and the question of on-demand services licensed in the EU respecting UK rules on advertising foods high in fat, sugar, salt and so on. The UK has been unable to insist on country of destination rules up until now, either under AVMSD or through country of origin services that adhere only to host country rules. However, the existing standards will continue to apply.

The hon. Gentleman mentioned Netflix and other video-on-demand providers, which are currently regulated differently. In practical terms, Netflix will still be regulated under AVMSD because, as he says, it is based in the Netherlands. The same content standards will apply after exit as now. We recognise that after exit we may need to consider a long-term and future-proofed approach to video-on-demand regulation.

I think that deals with most of the hon. Gentleman’s questions. I hope that the Committee has found the sitting informative.

[Kevin Brennan]

I also asked whether the Minister could tell us about the likelihood that countries that are party to the Council of Europe ECTT would choose to use its provisions? If she needs to write to me, I am happy for her to do that, because I realise that that is a technical question, I would be interested to have an answer. Perhaps she should to other Committee members as well, if that is acceptable to them.

Secondly, which Irish language services are exempted from licensing in the UK by the regulation? Again, if that information is not immediately to hand, I am happy for the Minister to communicate that to me and the rest of the Committee later.

[Margot James]

The hon. Gentleman is very generous. I will write to him with any further information. The ECTT guarantees similar content standards and freedom of reception between signatories, but as he will know, approximately six EU member states are not signatories to it. We will therefore not be relying on that, but I will write to him with any further technicalities associated with the ECTT. The Irish channels exempted from the requirement to seek Ofcom licences for continued transmission are the three that I mentioned: RTÉ One, RTÉ Two and TG4.

I commend the regulations to the Committee. I hope that Members will join me in supporting the draft regulations. I appreciate that the hon. Gentleman has already indicated that he will do so.

Question put and agreed to.

Oral Answers to Questions

Debate between Margot James and Kevin Brennan

Thursday 1st November 2018 Commons Chamber

[The Minister for Digital and the Creative Industries (Margot James)]

We do indeed have many bright new businesses across the UK. Research published a week ago by Tech Nation showed that British cities such as Manchester and Cambridge have the same number of tech companies now valued at $100 million, and that, I think, shows that we as a nation are really supporting small and medium-sized enterprises in their growth aspirations.

[Kevin Brennan (Cardiff West) (Lab)]

It is disappointing that the Minister who led the review that concluded that high-stakes fixed odds betting terminals were a social blight is not here with us this morning, although, contrary to what the Secretary of State said, I understand that Patrick Kidd of The Times is reporting that she is actually with the Chief Whip at the moment, and not in transit, as he hinted. May I ask him whether when he hinted to the Digital, Culture, Media and Sport Committee that he was minded to delay the reduction in stakes on fixed odds betting terminals he had actually read the 78 pages of the devastating report, which his ministerial colleague had dedicated three years to compiling?

Information Commissioner (Remuneration)

Debate between Margot James and Kevin Brennan

Wednesday 14th March 2018 General Committees

[Kevin Brennan (Cardiff West) (Lab)]

The Minister has rightly pointed out that it is a bit of an oddity that the salary has not been uprated annually and has been frozen for some years. Does she have the figure for what the salary would be now, had it been uprated in line with other public sector pay?

[Margot James]

I do not have that information for the hon. Gentleman. If it is available or can be worked out, I will write to him and provide it.

Data protection laws and the role played by the Information Commissioner are critical to retaining the right balance between innovation and privacy. The changing commercial and technological landscape brings new challenges to the Information Commissioner and her office on an almost daily basis. For that reason, we are modernising our data protection laws and providing new and stronger powers for the commissioner. Those changes are necessary, but they expand the remit of the commissioner’s role significantly, with new responsibilities, including an age-appropriate design code, and new requirements, such as supervising data protection impact assessments and breach notifications. It is important to ensure that the remuneration for the role reflects the increased importance, challenges and responsibilities.

Secondly, the salary has fallen below the market average for comparable roles. As data protection becomes an increasingly important concern for organisations, recruitment for well-qualified staff has become increasingly competitive. We must be able to compete for the best talent for such a critical role in our economy. The regulator must be able to keep up with the organisations it regulates, some of which—Google and Facebook, for example—have seemingly limitless reserves.

Third, it is of vital importance to Britain’s place in the world that the Information Commissioner’s Office benefits from the best possible leadership for the foreseeable future. As the Prime Minister made clear in her speech, we see the UK and the Information Commissioner continuing to play a role in data protection issues with the European Union. This will be possible only if the commissioner’s role is appropriately rewarded in order to continue to attract individuals who will have an impact on the world stage.

The commissioner’s role in relation to freedom of information remains of key importance. The number of FOI requests received by all monitored bodies increased from just under 35,000 in 2008 to more than 45,000 in 2016. Again, the burden of casework for which the commissioner is responsible has also increased significantly, from 2,646 cases received in 2008, to 5,433 received in 2017.

I would also like to mention the commissioner’s increasing role in the regulation of the privacy and electronic communications regulations. In particular, the ICO continues to tackle nuisance telephone calls and texts, which, as hon. Members will know, can cause a great deal of distress. The commissioner took on responsibility for the telephone preference service last year. In the same year, the commissioner issued 23 companies with over £1.9 million of fines for nuisance marketing.

The incumbent commissioner, Elizabeth Denham, brings a high level of expertise to the role. Ms Denham previously held the position of Information and Privacy Commissioner for British Columbia and Assistant Privacy Commissioner of Canada. To date she has steered the ICO through a number of important issues, such as several landmark enforcement cases, representing the UK in collaborative work with EU colleagues on the implementation of general data protection regulation and a period of rapid expansion.

It is in recognition of her unique mix of skills and the current heightened complexity of the role that the motion also includes a £20,000 per annum allowance for the current incumbent. In previous debates on the matter, hon. Members have highlighted the undesirability of fixing for many years a salary for a senior public official and then having to compensate for this with a relatively large increase. To that end, we have also included an annual 1% increase to help the commissioner’s salary keep pace with the salaries of comparable roles.

In summary, we believe that the increase in the commissioner’s salary appropriately reflects the importance of the role and their achievements to date in growing the ICO and supporting data controllers across the country to prepare for the new data protection framework. In the context of the expanding remit of the ICO, Ms Denham’s record of outstanding leadership is vital to maintaining the UK’s reputation as a global leader in data protection. I would like to take this opportunity to thank her for the excellent work she does.

--- Later in debate ---

[Margot James]

I thank both hon. Gentlemen for their questions and scrutiny, which I will do my best to answer.

I can now answer the question posed by the hon. Member for Cardiff West during my opening remarks. He asked whether the commissioner’s salary, had it been increased since 2008 in line with annual permissible public sector increases, would now amount to just over £154,000. I can confirm that he is right in his calculations. The salary plus the £20,000 uplift comes to £180,000. As he said, that exceeds that of the Prime Minister.

The hon. Member for Cardiff West posited most of the reasons for the judgment that we have come to. He mentioned the greater workload, which will be infinitely greater after the implementation of the GDPR into British law this summer. There is no doubt that the workload has increased and will increase further. He also talked about the very limited supply of the sort of skills the current commissioner has. It is a global recruitment market, and we consider ourselves very fortunate to have Elizabeth Denham in the role. There is a very limited number of people who have her global reputation, her skill set and her experience.

The hon. Gentleman also talks about salary levels for comparative roles. We looked at comparative public sector roles and found that the average for such a position, looking at all the regulators, is £184,000. Some are paid less and some are paid more, but that is the average.

[Kevin Brennan]

I am extremely grateful to the Minister. I am just trying to follow her logic. In practice, then, the baseline salary she is proposing represents a real increase of £6,000, if we take into account the uprating, because she says it would have been uprated to £154,000 by now had it simply been uprated for inflation. The only real increase that she is proposing to the salary is that £6,000. I am struggling to understand, given everything she has said, why the Government have decided to package it up in this way with the additional £20,000. If, as she has explained, the role is more important and needs a world-class individual, why does that not form part of the overall salary? What is the logic for that?

[Margot James]

The logic for that was touched on in remarks made by both the hon. Gentleman and the hon. Member for Edinburgh East. It is packaged up in that way because the allowance is only for the current incumbent; it is attached to the individual, rather than the role, as expressed in the regulations. That is the reason for the decision.

The app introduced by my right hon. Friend the Member for West Suffolk (Matt Hancock) was mentioned. I can assure the hon. Member for Cardiff West that the app complies 100% with data protection law—I am sure he will share my pleasure at that confirmation. I think I have dealt with all the questions I have been asked. I am pleased to be able to confirm this new salary and package for the Information Commissioner. As I said earlier, I consider that we are very fortunate to have Elizabeth Denham in this role.

Data Protection Bill [Lords]

Debate between Margot James and Kevin Brennan

Money resolution: House of Commons & Programme motion: House of Commons
Monday 5th March 2018 Commons Chamber

[Margot James]

I will have plenty of time in Committee to debate with the right hon. Gentleman. I am sure that we all agree that the Bill is important and timely.

[Kevin Brennan (Cardiff West) (Lab)]

On a point of order, Mr Speaker. I note that the Minister has not yet concluded her remarks, but it seems that she might do so before the moment of interruption. There are two outstanding motions on the Order Paper to be voted on following the decision on Second Reading: the programme motion and the money resolution. I note that, under Standing Order No. 83A(7) and Standing Order No. 52(1)(a), they are not subject to debate, but if there were any time left over between the conclusion of the Minister’s remarks and the moment of interruption, would it be possible to discuss those two motions?

Oral Answers to Questions

Debate between Margot James and Kevin Brennan

Thursday 8th February 2018 Commons Chamber

[The Minister of State, Department for Digital, Culture, Media and Sport (Margot James)]

We are all very happy for my hon. Friend.

Progress has continued to bring superfast broadband to Cornwall: access coverage is now 91%. A further 3% of premises in Cornwall will be covered by December 2019 through the current broadband contract between Cornwall Council and BT. I also draw my hon. Friend’s attention to the rights of her constituents under the universal service obligation.

[Kevin Brennan (Cardiff West) (Lab)]

rose—

Taylor Review: Working Practices

Debate between Margot James and Kevin Brennan

Tuesday 11th July 2017 Commons Chamber

[Margot James]

We have always been absolutely committed to reducing poverty, wherever it exists. The national living wage has gone a long way towards providing workers with a framework so that they need not sink into poverty, and I urge the hon. Gentleman to consider that fact further.

[Kevin Brennan (Cardiff West) (Lab)]

As someone who has done a few gigs in his time, may I urge the Minister to reject the execrable think-tankery jargon of the term “dependent contractor”? Work is work, and workers are workers. “Dependent contractors of the world unite; you have nothing to lose but your chains,” is not going to change anything.

[Margot James]

rose—

Education and Adoption Bill (First sitting)

Debate between Margot James and Kevin Brennan

Tuesday 30th June 2015 Public Bill Committees

[Kevin Brennan]

Q 55 But does not that tell you that the school is not outstanding in the first place?

Sir Daniel Moynihan: It could well do. Some 80% of schools are judged to be good and outstanding. What is intriguing is that, in some of those judgments, there are schools with enormous gaps between pupil premium and non-pupil premium children. That cannot be right. How can a school be outstanding with an enormous gap there? A number of schools with those judgments from the past have very low value added, so there are issues to be looked at.

Progress has to be the driver. Progress alerts you to a school; you have to look at it in a bit more detail to judge whether it is coasting or not. You would have to look at destinations to find out where those children are going: what kinds of universities, apprenticeships and jobs they are going to, and what attendance is like. Progress is the first stop but you have to look at other things to get the picture.

[Margot James (Stourbridge) (Con)]

Q 56 I have two brief questions. First, Councillor Watts, you mentioned a concern you had about the capacity of high-performing academy chains to take over coasting schools. Earlier, we heard that, in a lot of cases, a school once defined as coasting will, in fact, be able to put its own house in order. Does that not alleviate your concerns about the capacity of these academy chains and high-performing groups?

My second question is to Sir Daniel. When you were answering the point about the measures that the Harris chain put in place to improve schools, you mentioned pupil tracking and discipline. Do you have your own pupil referral unit within your group? Could you comment on the issue of recycling disruptive pupils from school to school? To my mind, that is a real issue among the underperforming schools, particularly in areas of lower socio-economic status.

Richard Watts: However you cut it, the Bill envisages quite a significant increase in the number of schools that are converted to academy status to address performance problems, whether they are failing or coasting. If there are ways that we can address coasting schools without relying on high-performing sponsors, great. I still think there is an issue that the Committee needs to consider about whether there is the capacity in the sponsors’ market to take on the kind of increase in sponsored academies that the Bill envisages.

Sir Daniel Moynihan: To answer the question on PRUs—pupil referral units—we do have our own pupil referral unit called Harris Aspire. It has roughly an equal number of Harris students and non-Harris students. It is available for everybody. Our rationale for starting it was that sometimes a student does unfortunately have to be excluded. Sometimes it has to happen.

We would rather be responsible for them into the future than just unload and forget about them. If parents are content, after an exclusion has happened, students will go to Harris Aspire. There are other times when a student needs a respite period to overcome a problem. They might go there for six weeks and then return very happily into a school. It has both those types of provision. There is a definite need for more of those. We have opened that as a free school, and that is great route to introduce more PRUs and introduce a market and have some competition. Existing PRUs sometimes have a monopoly locally and the provision is quite poor, and heads do not have a great deal of choice sometimes.