BSkyB Debate

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BSkyB

Ivan Lewis Excerpts
Thursday 3rd March 2011

(13 years, 2 months ago)

Commons Chamber
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Ivan Lewis Portrait Mr Ivan Lewis (Bury South) (Lab)
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Four weeks ago, the Secretary of State said he was minded to refer News Corp’s acquisition of BSkyB to the Competition Commission. Today, it is clear that he has changed his mind. Hon. Members and many people outside the House will want reassurance that the right hon. Gentleman has not put the perceived interests of his party and career ahead of the public interest. Imagine what they would have said if we had made that decision, in that way, in the same week as we had put a former Labour party chairman in charge of the BBC.

Until we get some straight answers to straight questions, doubts will persist. The process has exposed an arrogant Government, cavalier about their responsibility to be impartial and contemptuous of the importance of transparency in circumstances where there is already a high level of public cynicism.

On 21 December, the Business Secretary was stripped of his responsibility for the media and digital economy, because of poor judgment and a lack of impartiality following his boast that he would declare war on Mr Murdoch. The Secretary of State for Culture, Olympics, Media and Sport was given responsibility for this quasi-judicial process, despite being on the record as saying that he did not see a problem with News Corp purchasing BSkyB.

Two days later, on 23 December, the Prime Minister attended a private dinner with James Murdoch in the middle of a quasi-judicial process. That, from a Prime Minister who wrote in the foreword to his own ministerial code:

“In everything we do—the policies we develop and how we implement them, the speeches we give, the meetings we hold—we must remember that we are not masters but servants. Though the British people have been disappointed in their politicians, they still expect the highest standards of conduct….We must be…Transparent about what we do and how we do it. Determined to act in the national interest”.

Can the Secretary of State tell us whether he has had any discussions about the acquisition with the Prime Minister since 23 December—to be clear, not whether he has consulted him, but whether he has had any discussions? If yes, were officials present at these discussions? Does he think that it was right for the Prime Minister to attend that dinner in the middle of this process?

With regard to News Corp’s proposals to float off Sky News as a listed company, I have a number of initial questions. Who will appoint the new Sky News board chair and the board? Will the chair be independent? What proportion of board members will be News Corp representatives? What steps would News Corp have to take if it wanted to change the Sky News governance arrangements or News Corp’s shareholding? Will Sky News be solely dependent on News Corp for finance over the next decade? Who will hire and fire Sky News editorial staff? Will the Sky News board be expected to prevent the bundling of information from News Corp’s newspapers and Sky News? Who will be responsible for monitoring the independence of Sky News over the next decade? What assessment has the Secretary of State undertaken of News Corp’s approach to undertakings given in the past following the purchase of The Times and The Sunday Times in 1981 and The Wall Street Journal in 2007? Can the Secretary of State confirm that broadcasting news impartiality rules will remain in place? Why has he not consulted UK media organisations opposed to this acquisition during the past month?

I welcome the Secretary of State’s commitment to examining the public interest test in the context of a new communications Act, but the rapidly changing digital age means that our media organisations need a modern regulatory framework sooner rather than later. Will he work with me to bring the legislation forward from 2015, as the Government propose, to 2012 or 2013 at the latest?

Media ownership and control is integral to our democracy. The integrity of our democracy depends on news being provided from a variety of sources with no one voice being dominant. As we have said all along, the decisions about this acquisition must be determined in the public interest via the due process laid down by Parliament, not through political deals. In the days ahead, I will engage with interested parties before deciding whether we believe that referral to the Competition Commission remains the most appropriate course of action. My party will apply the public interest test without fear or prejudice.

Jeremy Hunt Portrait Mr Hunt
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I am afraid that what we heard from the shadow Culture Secretary displays absolutely blind ignorance of a process that his own Government, when they were in power, set up under the Enterprise Act 2002. He talked about putting the interests of party first. Apart from asking him why the former News International-employed Labour party director of communications sent an e-mail round to all Labour Front Benchers asking them to back off from criticisms of this deal, let me just say this. I have been absolutely scrupulous in making sure that independent views were commissioned, expressed and published at every stage of this process, precisely because I wanted to reassure the public that this decision was not being taken on the basis of party interest. Those documents have been published today so that people can see for themselves that not only did I ask for that independent advice, and not only did I publish that independent advice, but, after careful consideration, I accepted that independent advice.

Let me go through some of the other things that the hon. Gentleman said. He partially quoted something that I said about this deal before I was even part of the process, but he did not read out the end of that quote, which he will have known full well, where I said that I would not second-guess the regulators. I have not second-guessed the regulators. I have listened to the independent regulators and I have accepted their advice.

The hon. Gentleman asked whether the chair of the new company that is proposed to be set up will be independent. It is written in undertaking 3.13 that the chairman will be completely independent. There will be a board with majority independent directors. He asked what proportion of the new company’s revenue will be dependent on Sky. As things stand at the moment, it would be about 65%, but I think that any independent board of directors would be likely to want to reduce that dependence over a period of time, and they will have a 10-year carriage agreement with guaranteed income over that period in which to address that issue.

The hon. Gentleman asked who will be responsible for hiring and firing those who are responsible for the operation of Sky News. Again, it is clearly written in the undertakings that have been published today, in undertaking 3.16, that that decision will be the responsibility of the independent board. He talked about The Times and The Sunday Times, but I gently point out to him that this case is different because we will have an independent company that will be floated independently on the stock market with an independent board and an independent chairman—that is a huge difference.

The hon. Gentleman asked me to confirm whether the impartiality rules will remain in place. It is the Government’s policy that they should. On top of that, for the first time in this country, the new company will have in its articles of association that it must respect the broadcasting code, which includes the impartiality requirements. That is set out in undertaking 3.12.

The hon. Gentleman asked when I would consult other media organisations. What I am launching today is a 17-day consultation in which those media organisations will be consulted. This is a consultation and I will listen to what they say. The extraordinary thing in what he said today was the utter cowardice of a party that listens to a statement, criticises a process that it set up, and then refuses to get off the fence and say whether it agrees with what I have done. Last time, he criticised me for not following Ofcom’s advice. In fact, I did follow Ofcom’s advice then, and I am following it now. Does he agree with what Ofcom has said? If he is not prepared to say whether he agrees, no one will take any of his criticisms the remotest bit seriously.