EU-UK Personal Data Transfers

John Whittingdale Excerpts

Thursday 1st July 2021 Written Statements

[The Minister for Media and Data (Mr John Whittingdale)]

Following just over a year of constructive discussions, the European Union has rightly recognised the UK’s high data protection standards by formally adopting adequacy decisions for the UK. The completion of this process allows for the continued free flow of personal data between the EU and the UK. These decisions will minimise burdens for businesses and support continued co-operation between the EU and the UK, including helping our law enforcement authorities to keep our citizens safe.

We will approach our data relationship with the EU, as in other areas of our new relationship, as sovereign equals. This will include a full UK assessment of the EU under our own independent international transfer regime to ensure that it remains a safe destination for UK personal data. We will continue to engage with the EU as appropriate with a view to ensuring our reciprocal arrangements for free flow of personal data can remain in place on an ongoing basis.

We will do so while operating a fully independent UK framework. Rapid technological change in data-intensive sectors and three years’ experience of implementing GDPR have prompted lively debates about the future of data protection, including within the EU. We want our data protection law to remain fit for purpose, and to support the future objectives of the UK.

Maintaining personal data flows is important: people and organisations are now sharing more personal data more regularly and in greater quantities than ever. Data has allowed businesses to grow and transform, hospitals to help patients, scientists to accelerate groundbreaking research, and law enforcement authorities to keep the public safe. The covid-19 pandemic has shown that the use of data has never been more crucial in making vital decisions in public life.

The Government are committed to ensuring the UK can use data to drive innovation, the economy, trade, better government and more effective law enforcement and protection of public safety, without compromising security or privacy. We will design and operate a data regime that maintains high data protection standards while enabling transformative, creative, innovative and responsible data use to ensure that the benefits of the data revolution are felt by all people, in all places.

Maximising the opportunities from innovative use of data will also depend on better flow of data between international partners. Independent of the EU, the UK will promote the free flow of personal data across borders, including through ambitious new trade deals; new data adequacy agreements with some of the fastest growing economies; and more innovative transfer mechanisms, while ensuring that this data will be properly protected, including through effective regulatory co-operation. We will also explore wider global opportunities on data, seeking to increase the availability of data and minimise burdens on organisations seeking to tackle some of the most pressing international questions of our time, including climate change and prevention of disease.

With our progressive legal system, robust protection of individual rights, and an influential regulator, the UK is in a strong starting position. Our approach towards data in future will be forward thinking and innovative but, above all, it will be founded upon the democratic values of the rule of law and transparency to maintain our public trust and confidence.

I look forward to engaging with interested colleagues across the House on maximising the potential benefits of data use for the whole of the UK.

[HCWS143]

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 1st July 2021 Commons Chamber

[Navendu Mishra (Stockport) (Lab)]

What plans the Government have to privatise Channel 4.

[The Minister for Media and Data (Mr John Whittingdale)]

As part of our ongoing strategic review of the UK’s system of public service broadcasting, the Government are consulting this summer on the future of Channel 4, including its ownership model and remit, and we intend to engage a broad range of stakeholders to inform any decisions taken.

[Anum Qaisar-Javed [V]]

As part of its public service broadcaster responsibilities, Channel 4 does not have an in-house production function, relying on independent external production houses. Former Channel 4 commissioning editor Peter Grimsdale said that over 1,000 such production companies have been supported over the years. How do the Government mean to support those production houses if they sell off Channel 4, or do the thousands of jobs that would be destroyed in the sector not matter to this Tory Government?

[Mr Whittingdale]

The hon. Lady is right that Channel 4 does not have an in-house production company, which means that it is entirely dependent on advertising revenue, which is one of the reasons why we think it right to look at the ownership model, but it does support independent production right across the United Kingdom. That is part of its remit and we intend to preserve the remit, although we will be examining whether that needs to be changed—indeed, possibly strengthened in some areas—as part of our consultation.

[Mr Dhesi]

Channel 4 is a great British success story and an iconic institution. It has invested £12 billion in the independent production sector and regional TV, given voice to local communities across our country, and exported content around the world; and it has recorded a record £74 million financial surplus. Despite all those successes, for the sixth time, the Conservative Government are seeking to privatise it, even though they concluded just four years ago that that was a very bad idea. Could that possibly be because “Channel 4 News” is doing a solid job, in particular, of holding an incompetent and crony-connected Government to account?

[Mr Whittingdale]

I share the hon. Gentleman’s view that Channel 4, which was, of course, the creation of a Conservative Government, has done an excellent job and it is our intention to sustain it into the future. That is why we believe that now is the right time to look at its future ownership, because it is coming under increasing pressure due to the changes taking place in the way in which television is consumed. While I may not always agree with “Channel 4 News”, I do believe it does a good job. I very strongly support plurality of news providers and would expect that Channel 4 will continue to feature a news service as part of its future offering, and that would remain part of its remit.

[Navendu Mishra]

John McVay, the chief executive of the Producers Alliance for Cinema and Television, has described Channel 4 as

“a catalyst for generations of entrepreneurs”,

which

“plays a critical role in the UK’s broadcasting ecology”,

having

“invested in hundreds of independent production companies over the nearly 40 years of its existence, enabling and improving access, skills, international activity and diversity.”

Would the Minister agree with me that selling off this precious public asset to an overseas competitor with no remit for commissioning innovative British content would be a body blow to the UK’s creative economy?

[Mr Whittingdale]

I agree that selling off Channel 4 with no remit would be a mistake and that is certainly not our intention. John McVay, who is somebody I know well and have a great deal of respect for, is right that Channel 4 has done an excellent job in investing in independent production, but it is up against competition from big streaming services that can make 10 times the kind of investment that Channel 4 is capable of. That is why we think it is the right time to look at its ownership in order that, potentially, it can have access to much greater capital, which it will need in order to have a thriving future.

[Julian Knight (Solihull) (Con) [V]]

My own personal view, and I stress that it is my personal view, is that the recovery of Channel 4 and the evolving media landscape warrant close consideration of privatisation and sale. Four years is a lifetime in the modern media marketplace. Does the Minister agree that this would be a good juncture at which also to consider whether Channel 4 could be bolstered by a merger with ITV or even by hiving off BBC Worldwide, the commercial arm of the BBC, which has often underperformed but has tremendous international potential to build scale for Channel 4?

[Mr Whittingdale]

I am grateful to my hon. Friend, and I commend him and his Select Committee for the excellent report on public service broadcasting that they produced recently, which drew attention to the fact that the way in which we consume television is changing fast and that the switch from linear to digital is taking place even more quickly than some people anticipated. We have reached no conclusion as to the appropriate future ownership model for Channel 4—we maintain a completely open mind—but he raises a number of interesting possibilities and we look forward to seeing what submissions we receive as part of the consultation.

[John Nicolson (Ochil and South Perthshire) (SNP) [V]]

The case for the privatisation of Channel 4 was, of course, debunked by the then Secretary of State last time the issue reared its head. I think her assessment was that it would be too much grief for too little money. Privatisation would see profit put first, a slash in the £500 million that goes annually to independent production companies, a centralisation of headquarters—the antithesis of levelling up—and likely cuts to Channel 4’s brilliant news and current affairs programming. Channel 4 recorded record profits last year and it does not cost the taxpayer a penny. Given that this much-loved institution is profitable and free, why do Ministers want to do down Britain and sell it off to avaricious American investors?

[Mr Whittingdale]

The hon. Gentleman is wrong on several counts. It is the case that Channel 4 recorded a profit last year, and I commend the management for taking the action that made that possible, but the reason they did so was because they cut the amount of money that they spent on content by £140 million in anticipation of a big fall in advertising revenue, which indeed took place. It is to sustain Channel 4 going forward that we are looking at the possibility of alternative ownership models, and it would certainly be our intention that Channel 4 would do more outside London and across the United Kingdom, not less.

[Christian Matheson (City of Chester) (Lab)]

“Countdown”, “Derry Girls”, “Gogglebox”, “The Word”, “It’s a Sin”, “Chewing Gum”—which gave us the astonishing Michaela Coel for the first time—“Educating Yorkshire”, “24 hours in A&E”, “24 hours in Police Custody”, “Location, Location, Location” with Phil and Kirstie, “Friday Night Dinner”—

[Christian Matheson]

I will simply finish with “Hollyoaks” and “The Secret Life of the Zoo”, Mr Speaker, which as you know have something in common with me—[Laughter.] They were both filmed in Chester. For four decades, Channel 4 has reflected and given voice to the diverse parts of the United Kingdom. Why do the Minister and the Government want to take that voice away and, as other hon. Members have said, sell it off to foreign tech companies that have no loyalty to the United Kingdom?

[Mr Whittingdale]

I am extremely impressed by the hon. Gentleman’s viewing habits, although I notice he left out “Naked Attraction”, which certainly does appeal to diverse tastes. However, I absolutely agree that Channel 4 has been responsible for some great programmes over the years, and it is our intention that it should be able to continue to do that in the coming years. It is precisely because it is going to need access to investment capital in order to maintain that record that we think now is the right time to consider alternative models, but we have not reached any conclusion yet.

--- Later in debate ---

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

What plans his Department has to (a) promote and (b) encourage people to watch the Paralympic Games in summer 2021.

[The Minister for Media and Data (Mr John Whittingdale)]

The Paralympic games are one of the highlights of the sporting calendar. In recognition of their special national significance, we added the Paralympic games to the listed events regime in 2020, meaning that they will remain available on free-to-air television. I wish all our athletes every success in Tokyo and very much welcome Channel 4’s plans to broadcast live coverage of the Paralympics throughout the games.

[Dr Cameron [V]]

New research by Scope has shown that 69% of people with disabilities believe that the Paralympics help to tackle negative attitudes. This comes as three in four people with disabilities believe that the public’s perceptions of disabled people have worsened or not shifted during the pandemic. Scope and ParalympicsGB have teamed up to call for the Paralympic games to be a catalyst for change. The all-party group on disability, which I chair, asks the Secretary of State and the Government to commit to work across broadcasting to champion inclusion in sports and employment for people with disabilities, alongside celebrating the fantastic achievements of our Paralympians.

[Mr Whittingdale]

The Government absolutely share the ambition of the hon. Lady and her all-party group to increase the participation by disabled people in sport. The Paralympics have been an extraordinary success in demonstrating the remarkable achievements of disabled athletes. I share her hope that the Paralympics will again receive record viewing figures and that the UK Paralympic athletes will continue to do as well as they have in recent times.

--- Later in debate ---

[Carolyn Harris (Swansea East) (Lab)]

What progress he has made on the procurement process for the fourth national lottery licence.

[The Minister for Media and Data (Mr John Whittingdale)]

The Gambling Commission is running the competition for the next national lottery licence, which will come into force in August 2023. The Gambling Commission has undertaken several rounds of market engagement with prospective applicants, and I was pleased to note that the commission received the expected number of applications. We expect to announce the preferred applicant at the end of the year.

[Carolyn Harris]

The Gambling Commission has turned down an invitation to appear before the gambling-related harm all-party group to discuss the upcoming national lottery licence procurement and the performance of the current provider. Many products developed by the current provider, such as online instant win games, have potential to cause serious harms, so will the Minister reassure the House that there will be proper scrutiny of the next provider and that appropriate harm prevention measures will be introduced?

[Mr Whittingdale]

The incidence of problem gambling is lowest among players of the National Lottery, but nevertheless the need for protection of players remains of paramount importance. It was for that reason that the Government recently increased the minimum age for purchase of national lottery tickets from 16 to 18, and I can assure the hon. Lady that we will continue to monitor, as will the Gambling Commission, whether any further measures are necessary.

[Dr Jamie Wallis (Bridgend) (Con)]

If he will make a statement on his departmental responsibilities.

Safety of Journalists

John Whittingdale Excerpts

Thursday 10th June 2021 Commons Chamber

[The Minister for Media and Data (Mr John Whittingdale)]

I beg to move,

That this House has considered the safety of journalists.

I very much welcome this opportunity to debate what is, as you have rightly said, Mr Deputy Speaker, an extremely important subject. It is the second such debate we have had in the space of two weeks, as we recently debated World Press Freedom Day. I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) who has been an assiduous campaigner on this topic and who chairs the all-party parliamentary group on media freedom.

The safety of journalists is of critical importance, as journalists play a vital role in ensuring that democracy functions properly and in contributing towards a free society. The role that journalists play in exposing corruption, holding power to account and informing the electorate of the truth is absolutely central to a democratic, free society. Investigative journalism plays a critical role and we will all remember examples, such as the exposure of the thalidomide scandal, the corruption that riddled FIFA, the Panama papers and even MPs’ expenses.

Such journalism shone a powerful light into areas that needed to be exposed. That is particularly important at the moment. The need for the provision of trusted and reliable information is absolutely critical, and has been over the course of the last year, at a time when fake news has been so prevalent and it has been all the more important for people to be able to turn to trusted journalism for reliable reports of the truth.

For that reason we regarded it as vital to support the media during the pandemic. The media came under significant economic pressure and we were able to provide support to local newspapers and radio, and recognised the important role that journalists play by affording them key worker status.

While the role of journalists has never been more important, it is the sad truth that it is also increasingly dangerous. I pay tribute to the organisations that regularly highlight the harassment and intimidation of journalists that takes place in far too many countries.

Reporters sans frontières, which is responsible for the world press freedom index, has recorded that 50 journalists were killed in the course of their duties last year. The deadliest countries in the world are Mexico, Iraq, Afghanistan, India and Pakistan.

Justice for Journalists monitors the treatment of the press in the countries of the former Soviet Union. It lists 84 journalists currently held in detention or imprisoned. The most recent and most shocking example of a journalist being illegally detained is that of Raman Pratasevich, whose flight was forced to land in Belarus and who has since been held, with significant concern about his future wellbeing.

The Committee to Protect Journalists has identified 1,404 journalists who have died since they started keeping records in 1992. I pay tribute to the courage of those journalists around the world who are operating in extremely dangerous environments, particularly a number of British journalists who are on the frontline of conflict or reporting in authoritarian regimes. As we did two weeks ago, we remember Marie Colvin of The Sunday Times who was killed alongside her French colleague as a result of being deliberately targeted because of the job they were carrying out as journalists.

The UK has taken a lead in campaigning for the safety of journalists. We established the global conference on media freedom in July 2019 and I pay tribute to my right hon. Friend the Member for South West Surrey (Jeremy Hunt) who led that initiative. We continue to co-chair the Media Freedom Coalition, which now comprises 47 member countries.

We have used our presidency of the G7, which is coming to its conclusion over the course of this weekend, to continue to highlight the importance of the protection of journalists. Indeed, we have included that in the communiqué that was issued by the Foreign Ministers, which has a number of paragraphs setting out exactly why it is so important that journalists should be afforded protection.

We established the global media defence fund, to which the Government are contributing £3 million over five years, and I am going to be speaking tomorrow at the Council of Europe in support of the resolutions being passed there highlighting the protection of journalists.

However, we are also conscious that if we are to be able to campaign on this issue, we need to set an example, too. The UK currently ranks 33rd out of 180 in the press freedom index, which represents a small improvement but it is nothing like enough. For that reason, the Government established, a year ago, the National Committee for the Safety of Journalists, which I co-chair along with the Minister for safeguarding, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). That committee brings together representatives of the police, from the National Police Chiefs Council, the Police Service of Northern Ireland and Police Scotland; the prosecuting authorities—the Crown Prosecution Service and the Crown Office and Procurator Fiscal Service in Scotland; the Society of Editors; the National Union of Journalists, and some of those campaigning organisations such as Index on Censorship and Reporters Without Borders. As a result of the committee’s establishment, we published in March the national action plan for the safety of journalists, whose aim is to increase our understanding of the scale of the problem and enhance the criminal justice system response, so that in future there will be new training for police officers and a police officer in every force dedicated to investigating complaints relating to the safety of journalists. It will give greater resources and advice to journalists, agreed by their employers, and there will be a commitment from the online platform to do more. Finally, greater efforts will be made to improve the public recognition of the value of journalists. Last week, we published our call for evidence, to try to establish hard facts on the scale of the problem. It closes on 14 July and I hope very much that anyone who has experience will make a submission to it, but we have already received 200 responses which make it clear that online threats and harassment are indeed widespread and that this is a significant problem, which we need to do more to address. The committee will continue to meet to review the plan, but we are determined to ensure that the UK is as safe an environment as possible for journalists to carry out their job. We will also continue to campaign to raise the importance of this issue in every country around the world.

--- Later in debate ---

[Mr Whittingdale]

I thank every Member who has contributed to what has been an excellent debate, even if it has been brief. Inevitably and depressingly, it has been something of a tour of the globe, which is a reflection of the number of countries where to be a journalist is still a dangerous occupation.

I cannot go through every single country that was mentioned, but I was interested to hear the Opposition spokesman, the hon. Member for Leeds North West (Alex Sobel), refer to the work he has done with the Inter-Parliamentary Union. I thought I would mention that since you, Mr Deputy Speaker, were a distinguished chair of the British Group Inter-Parliamentary Union and I had the privilege of taking over from you. I know that the hon. Gentleman is also active in the BGIPU. Alongside the Government’s efforts, the IPU has done a lot to highlight the importance of freedom of the press. We will continue to work internationally through organisations such as the G7 and the Council of Europe. I should also mention the work of my colleague in the Foreign Office, Lord Ahmad, who is the Minister responsible in this policy area and who is extremely active.

I want to talk specifically about what is happening in this country and to highlight one or two contributions to the debate. My hon. Friends the Members for Gravesham (Adam Holloway) and for Aylesbury (Rob Butler) spoke with considerable experience, having both worked as broadcast reporters, and recounted some of their knowledge of this issue. I am particularly grateful to my hon. Friend the Member for Gravesham, who reminded us of the sadly long list of British journalists—a number of whom were referred to—who have lost their lives in the course of their duties. The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) talked about Rory Peck, and it is worth paying tribute to the work done by the Rory Peck Trust, which was established in his name, to support freelance journalists who suffer in the ways mentioned.

There are of course still challenges to meet in this country. My hon. Friend the Member for Folkestone and Hythe (Damian Collins) highlighted the use of what are now called strategic lawsuits against public participation. He will know that the Government have made changes to the law on defamation that we believe make such lawsuits more difficult, but he also cited current examples, so it is certainly something that we need to monitor. It has been highlighted as a way in which people can try to suppress legitimate journalism. My hon. Friend also mentioned the online safety legislation that we will use to put in place extra protection for the work of journalists, in recognition of the importance of the freedom of the press.

The hon. Member for Belfast South (Claire Hanna) made an excellent speech. She highlighted the particular risks of being a journalist in Northern Ireland. A representative of the Police Service of Northern Ireland serves on the National Committee for the Safety of Journalists, and I have had meetings with the Minister of State, Northern Ireland Office, my hon. Friend the Member for Worcester (Mr Walker) to discuss these matters, but we are conscious that great abuse of journalists who operate in Northern Ireland still takes place. Of course, as the hon. Member for Leeds North West said, the most recent tragic death of a journalist in the course of carrying out her work was that of Lyra McKee from Belfast.

We have taken a really strong lead in this policy area with the establishment of the National Committee for the Safety of Journalists. We have published a national action plan, and we have the commitment of all those who serve on that committee to take more action, but of course we recognise that more needs to be done.

As I say, I am grateful to all those who have contributed to this afternoon’s debate and brought with them her own experience of having previously worked in journalism. I finish by paying tribute to all journalists, and in particular to those who have risked their lives and continue to do so on a daily basis in pursuit of exposing truth.

Question put and agreed to.

Resolved,

That this House has considered the safety of journalists.

[Mr Deputy Speaker (Mr Nigel Evans)]

From all of us at the House of Commons I wish all the team working for the launch of GB News on Sunday the very best of British as they start an important role reporting the news that impacts on all our lives. That team contains many journalists whom we all know and greatly respect, so good luck to them all.

Regulation of BetIndex Ltd: Update on Review

John Whittingdale Excerpts

Monday 7th June 2021 Written Statements

[The Minister for Media and Data (Mr John Whittingdale)]

Further to the statement of 20 April outlining plans for an independent expert review of the regulation of the Football Index gambling product, we are today announcing the full terms of reference for the review and further details.



The Secretary of State for Digital, Culture, Media and Sport, my right hon. Friend the Member for Hertsmere (Oliver Dowden) has appointed Malcolm Sheehan QC to lead the review. He will provide an independent expert account of the actions taken by the Gambling Commission and other relevant regulatory bodies, and consider the lessons to be learnt for the future. He will have access to all the necessary information held by Government and regulatory bodies to conduct the review.



As outlined in the terms of reference which we have also released in full on www.gov.uk, the review will cover the period from the granting of BetIndex’s gambling licence in September 2015 to the Gambling Commission’s suspension of that licence on 11 March this year. It will principally report on the actions of the Gambling Commission in assessing, licensing, and monitoring the operator, responding to concerns and delivering its objectives. The review will also consider how the Financial Conduct Authority responded to questions from the Gambling Commission and how it considered whether the product amounted to a regulated activity under the Financial Services and Markets Act.



It is important that former customers continue to have a voice. The Administrators should have already contacted every former customer so they can submit a claim if they think they are owed money or compensation from the company. Customers will be kept informed through the administration process, including on any opportunities they may have to vote on next steps. The Gambling Commission will also continue to consider information it receives from individuals about the actions of Football Index where it pertains to its ongoing regulatory investigation into BetIndex’s licence. While the Call for Evidence closed on 31 March, former customers can also continue to provide information to DCMS about the Football Index case to inform the Gambling Act review. Hundreds of individuals have already done so, and where relevant to the Terms of Reference for the independent review we will pass those to Malcolm Sheehan QC.



This independent review is expected to provide a report for publication in the summer, and will include recommendations as needed across the full range of questions set out in the terms of reference. Its findings will form part of the evidence informing the Government’s ongoing review of the Gambling Act 2005, which was announced in December 2020. This independent review is entirely separate from the Gambling Commission’s ongoing regulatory investigation and the administration proceedings, and will be done in such a way as to avoid prejudicing either of those processes. A copy of the terms of reference will be placed in the Library of the House.

[HCWS63]

Information Commissioner (Remuneration)

John Whittingdale Excerpts

Monday 7th June 2021 General Committees

[The Chair]

Before we begin, I remind Members to observe social distancing and to sit only in the places that are clearly marked. Mr Speaker has stated that Members should wear masks in Committee, unless they are speaking. Hansard will be most grateful if Members could email their speaking notes to hansardnotes@ parliament.uk.

Before I call the Minister to move the motion, let me clarify from the Chair that what we are debating today, for up to 90 minutes, is the content of the resolution that the House of Commons will be asked to pass without debate after the text of the resolution has been reported from this Committee.

[The Minister for Media and Data (Mr John Whittingdale)]

I beg to move,

That the Committee has considered the motion:

That, from 1 November 2021—

(1) the Information Commissioner shall be paid a salary of £200,000 per annum and pension benefits in accordance with the standard award for the civil service pension scheme;

(2) all previous resolutions relating to the salary and pension of the Information Commissioner shall cease to have effect.

It is a pleasure to serve under your chairmanship, Mr Hosie. The Information Commissioner’s Office is now one of the most important regulators in the United Kingdom. It is responsible for supervising almost every organisation in the country. We want to invest in its future success and to sustain its world-leading reputation.

The Information Commissioner must play an active role to keep the ICO at the forefront of regulatory best practice, continuing to develop governance, key decision making and other processes to reflect the ICO’s evolving role. There is an opportunity for the UK’s ICO to take a lead internationally, at a time when the establishment and development of, typically, governance structures for data, artificial intelligence and other new technologies are critical. The Information Commissioner therefore has a key role to play to drive the responsible use of data across the economy, to build trust and confidence, and to communicate the wider benefits of data sharing for our society in competition, innovation and growth.

This Government’s ambition is to make the UK the data destination across the world, and to use data to drive growth and innovation and to deliver our levelling-up agenda. Our national data strategy, published recently, sets out that ambition for the UK’s pro-growth and trusted data regime. We want to help innovators and entrepreneurs to use data responsibly and securely, without undue regulatory uncertainty or risk, in order to drive growth across the economy. Data is a strategic asset, and its responsible use should be seen as a huge opportunity to embrace. Getting that right is critical to jobs and growth as the UK economy becomes increasingly digitised and data-enabled.

We want the public to be active agents in the thriving digital economy and to have confidence and trust in how data, including personal data, is used. That will mean maintaining high standards of data protection without creating unnecessary barriers to data use. The opportunity to create a new and independent data regime is one of the key benefits of the UK’s departure from the European Union. We have no intention of dismantling our high standards of data protection, but we are no longer required necessarily to follow every dot and comma of the General Data Protection Regulation. We will be looking to see how we may better utilise data and enable it to flow more freely, while at the same time maintaining those high standards.

We need to attract world-class individuals who have the skills necessary to balance protecting individual data rights while simultaneously ensuring that data enables digital growth and innovation. We also need to attract people who can represent the UK on the international data stage. The Information Commissioner’s responsibilities have increased since we left the European Union; they now include overseeing existing EU adequacy decisions by 2024, as well as strategic engagement with European and international competent authorities. The UK now has a huge opportunity to use data responsibly as a strategic asset that can drive growth.

One of the other opportunities arising from our no longer being a member state is the ability to apply the framework of transfer tools inherited from GDPR in a more flexible way. As the ICO has now left the European Data Protection Board, we are able to be more agile than was possible when we were within the EU. The ICO has a strong international reputation and an influential position in key global regulatory forums. It engages effectively with foreign partners and EU adequacy. Therefore, the next Information Commissioner will not only focus on privacy, but ensure in part that people can use data to achieve economic and social goals. The next commissioner will need to have a deep understanding of how businesses use data in a cutting-edge way.

Data has many societal benefits and, as we emerge from the covid pandemic, the UK has an opportunity to be at the forefront of global data-driven growth. The next Information Commissioner will play a critical role in delivering that agenda. We need to attract an outstanding individual to take the ICO forward. They will have a key role to play. They need to build trust and confidence in responsible data use, while also being able to communicate the wider benefits of data sharing.

Since 2018, the salary of the Information Commissioner has fallen below the market averages for comparative roles. Salaries of heads of data protection regulators internationally range up to £270,000. In Italy, the Data Protection Authority chairman and chief executive officer both receive €240,000. We have received some outstanding applicants for this role, but they would potentially need to take a cut of up to 50% of their current salaries if they were to accept even the £200,000 salary that we are debating. Without the motion, the salary of the Information Commissioner would remain at £164,000, and we would risk losing the outstanding candidates we so badly need.

The introduction of GDPR and the rapidly developing data protection landscape have vastly increased the responsibilities of the Information Commissioner. They have increased still further since our exit from the EU. The global position of the ICO, the increased workload after leaving the European Union and the rapidly increasing demands on the sector and the statutory requirements of the organisation mean that it has grown by two thirds to more than 850 employees since 2018.

The ICO has had an increased enforcement role since the introduction of heavier fines and penalties. That is in addition to 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 I suspect every Member of this House knows can cause huge distress to the public. In the fourth quarter of 2020-21 alone, the ICO issued fines amounting to more than £1.1 million under PECR to companies that have been sending out nuisance calls and texts.

In summary, we believe that the proposed increase in the commissioner’s salary appropriately reflects the increased importance, challenge and responsibilities of the role. Finding the right candidate to fill that position will be a critical component of delivering our ambition to make the UK the most technologically innovative and growth-driven economy in the world.

--- Later in debate ---

[Mr Whittingdale]

I thank the hon. Member for Newcastle upon Tyne Central for the helpful way in which she has raised some perfectly valid questions, which I will do my best to address. I will begin by joining her in thanking the outgoing Information Commissioner, Elizabeth Denham, who I think I appointed in my previous capacity a few years ago.

It is worth reminding the Committee, which I did not do in my opening address, that Elizabeth Denham’s salary is £180,000, which was a single supplement at the time of her appointment. Without today’s motion, the salary of the incoming commissioner would fall back from £180,000 to £164,000. The hon. Lady’s questions about how it compares with the rate of inflation and with the pay of public sector workers are valid, but we need to set this in context. The proposed increase would take the current salary from £180,000 to £200,000, but without the motion it would come back down again.

Of course, we all understand that these are difficult times for many people. A lot of our constituents will look at these huge salaries and say, “That’s more than I could ever dream of getting; surely £164,000 is an awful lot of money.” But the truth is that we are operating in an incredibly globally competitive area, where the skills we need are in short supply, and where people who possess those skills can command huge salaries. We have had some very good applicants, and I suspect that whichever of them ends up getting the job will be getting a pay cut from what they are currently earning.

The hon. Lady made a number of comparisons. It is difficult to equate different regulators or international regimes, but the Italian Data Protection Authority pays its head €240,000, while the Office of the Australian Information Commissioner commands a salary of £272,000, so the amount we are paying is by no means at the top of the scale. The hon. Lady mentioned Ofcom, which pays about £330,000. Executives on the Financial Conduct Authority get between £380,000 and £550,000, and Network Rail’s chair gets £310,000. Although I fully recognise that we are asking the taxpayer to meet a considerable salary, it is by no means the highest, if we look at other regulators. It reflects the critical importance of data for our economic growth.

The hon. Lady referred to the national data strategy. We published the results of a consultation on the national data strategy at the same time the ICO published its data sharing code. We will be going on to consider what additional changes might be made to try to remove some of the barriers that I have spoken about. The ICO will play a critical part in this area.

There are new responsibilities that, as I said, did not exist before Britain ceased to be a member of the European Union. The hon. Lady rightly referred to the importance of data adequacy. I hope we will very shortly reach the final agreement that the UK will maintain data adequacy with the European Union. One of the new opportunities is to look at potentially signing new data adequacy agreements with third countries. That is something that, at the moment, the EU does, but very slowly. As a third country, we now have that ability. In the consideration of whether we can reach an agreement, the ICO will play an absolutely critical role.

The hon. Lady referred to nuisance calls. One needs to differentiate to some extent between what are termed nuisance calls—people ringing somebody up and trying to persuade them to make claims or whatever that they do not need—and scams that try to persuade people to put something on their computer that will allow some criminal to access all their personal financial information. The two are obviously closely related, but one is very firmly within the remit of the ICO and the other is, to some extent, within the remit of law enforcement and the Home Office. Obviously, they all need to work together very closely, and that is happening. At the moment, scams and fraud are probably causing more distress and anxiety, whereas a few years ago it was mortgage protection policy claims and other types of nuisance calls that we all experience. As I say, they are working together very closely on that. The Home Office, which leads on that, intends to say more about that very shortly.

[Chi Onwurah]

I thank the Minister for his comments. I just want it to be clear that although he is right to say that it is possible, and indeed important, to distinguish between nuisance calls and scams, they both share the characteristic that somebody has got hold of a person’s data, phone number and something about them, so a nuisance call can lead to a scam, depending on how much personal data they have. All the mobile networks, for example, have one text number that people can text if they get a nuisance call. There is also Action Fraud. The ICO has a relevant page on one of its websites. I want to emphasise to the Minister the point that this is very complex and individual citizens do not know what to do in response to nuisance calls—there is not a sufficiently shared understanding of that—so to say that the ICO is addressing either of these is actually an overstatement.

[Mr Whittingdale]

I completely agree that more needs to be done, and I think action is being taken now. The hon. Lady is right that there is a lot of confusion about where to go to report receipt of a nuisance or scam call—I have done that myself. Although Ofcom monitors, it does not deal with individuals. The ICO has a reporting mechanism, but an individual does not necessarily know whether anything ever happens if they do report. Action Fraud is where they should go if it is a claim of fraud.

All I will say to the hon. Lady is that I am very aware that there is a lack of public confidence and that it needs to be addressed. As I have said, discussions are going on between the ICO, the Department for Culture, Media and Sport, the Home Office and, as the hon. Lady rightly identifies, the telecoms companies. I think that there is almost certainly more that can be done there, and I believe that we will be saying more about that very shortly. This is another reason why the ICO plays a critically important role, both in supporting economic growth and technical innovation in our economy and in providing protection for citizens against the abuse of their data or, as in this case, what we recognise are highly distressing calls—either nuisance calls or, worse, scams.

I will end by repeating that the ICO is a very important office, and it is going to get more important over time. That means we need to have an outstanding person at the head of it. The hon. Lady asked when we will announce the person’s identity. I can say that we are very far advanced. I hope that we will be in a position to make that announcement very shortly. Of course, once we do, it will need to be confirmed by the relevant Select Committee. That process will already be in train. I am sure that the new Information Commissioner will also be delighted to discuss these things with the hon. Lady once he or she is in place.

Question put and agreed to.

Resolved,

That the Committee has considered the motion:

That, from 1 November 2021—

(1) the Information Commissioner shall be paid a salary of £200,000 per annum and pension benefits in accordance with the standard award for the civil service pension scheme;

(2) all previous resolutions relating to the salary and pension of the Information Commissioner shall cease to have effect.

World Press Freedom Day

John Whittingdale Excerpts

Thursday 27th May 2021 Westminster Hall

[The Minister for Media and Data (Mr John Whittingdale)]

It is a pleasure to serve under your chairmanship, Ms Ghani. I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on securing the debate and on his work to promote media freedom. I am particularly grateful to him for taking over as chair of the all-party parliamentary group on media freedom, which I chaired until February 2020.

A lot of Members have focused on dreadful abuses of media freedom in different countries around the world, and so to some extent Members might have expected a response from a Foreign Office Minister. The Minister who has specific responsibility for the subject is my noble Friend Lord Ahmad, the Minister for South Asia and the Commonwealth, who is doing a great job championing media freedom internationally. He is obviously prevented from taking part in this debate in our House, but I work with him closely.

It is encouraging that there has been widespread recognition across this Chamber that media freedom is a crucial component of an open, democratic society. We may not always like or agree with what is written about us in the press, but the role of a free media in holding Government to account, in exposing corruption or malpractice and in providing trusted, reliable information and reporting has never been more important. However, media freedom is under increasing threat across the world. A number of Members pointed out that 50 journalists were killed last year while doing their job. According to Reporters Without Borders, which does a terrific job of monitoring that and campaigning, already this year 13 more journalists or media assistants have been killed, and there are currently 439 in prison. The summary analysis of its World Press Freedom Index 2021, published in April, said that journalism is completely or partly blocked in 73% of the 180 countries ranked in the index; that the coronavirus pandemic has been used by Governments as cover for blocking journalists’ access to information; and that journalists find it increasingly hard to investigate and report sensitive stories, especially in Asia, the middle east and Europe.

I join a number of those who have contributed in paying tribute to the courage of journalists working in some of the most difficult, dangerous and challenging parts of the world. The hon. Member for Ochil and South Perthshire (John Nicolson) reminded us of our own Marie Colvin, who was killed in Syria along with her photographer, French journalist Rémi Ochlik, in 2012. I am sure he heard, as I have, Paul Conroy, who was also badly injured at that time, talk about how the shelling that killed Marie Colvin and her colleague was deliberately aimed at them because they were journalists.

It is because media freedom is so important that the Government have championed the cause of media freedom around the world. As has been mentioned, in July 2019 the UK hosted the Global Conference for Media Freedom, which led to the establishment of the Media Freedom Coalition of like-minded countries that pledged to collaborate to improve the media freedom environment across the world. The UK continues to co-chair the coalition. It is still a relatively young body, but it is growing and currently has 47 members. This year the coalition has already issued statements about China, Belarus and Myanmar, as well as a statement marking World Press Freedom Day. We are working on giving the coalition more impact on the ground by encouraging local collaboration in countries with those who are better able to engage with Governments and lobby them directly.

A number of countries have been mentioned, but I think it is important to speak about the most recent appalling example of the danger faced by journalists, which is of course the hijacking of an aeroplane and then the detention of Roman Protasevich in Belarus. In 2018, I led an Inter-Parliamentary Union delegation to Belarus. There was no question: the country was not democratic or free, and journalism was under terrific pressure. We met independent journalists operating there. Reporters Without Borders has assessed Belarus as the most dangerous country in Europe for media actors. I am pleased that the Government are supporting independent media organisations in that country, and we have already committed £2.7 million of support for independent media in Belarus. Alongside the Government, the IPU has been very active in championing media freedom and organising conferences, and I can remember listening to the relatives of journalists operating for the BBC’s Persian Service. The Persian Service is not able to operate in Iran. Its journalists broadcast from London on the BBC, but their relatives in Iran are being subjected to harassment and intimidation. We will continue to high- light that and to put pressure on the Iranian Government to respect their freedom.

As I said, the World Press Freedom Index, which several Members have referred to and which was published in April, showed that the UK had risen by two places, to No. 33. It is obviously good news that we have gone up in the rankings, but to some extent that is because other countries have gone down. It demonstrates that we undoubtedly still have a lot of work to do. The death of Lyra McKee, a journalist in Belfast, is happily a very rare example of where a journalist in this country has lost their life in the course of their work, but there is no question that journalists in the UK still suffer dreadful harassment and abuse.

The hon. Member for City of Chester (Christian Matheson) mentioned Amy Fenton. I have met and talked to her about the abuse that occurred, which led her to have to seek police protection. It was for that reason that we established the National Committee for the Safety of Journalists, which brings together senior figures from law enforcement, the police, the prosecuting authorities, the campaigning organisations, the Government, and both the Society of Editors and the National Union of Journalists. The aim was to demonstrate a shared commitment to ensure that journalists are free to carry out their vital role without threats of violence.

We have now published the first ever national action plan for the safety of journalists, which sets out the actions that all the partners will take to protect journalists. Every police force will have a dedicated officer to whom journalists can make a complaint, or whom they can contact in the event of abuse against them. The police will be trained, particularly about the importance of safeguarding journalists. Employers will provide extra training, and the platforms where a lot of the abuse occurs have said that they will establish designated journalism safety officers.

There is still more to be done, and one of the first things that we want to do is to get more evidence about the scale of the problem. We will shortly be publishing the call for evidence, and I hope that any journalist operating in the UK who has suffered in such a way will respond to it. I am delighted that our work on that has already been praised at the Stockholm Conference on Media Freedom in the OSCE region, and has perhaps contributed to the promotion in the ranking of the UK on the World Press Freedom Index.

In response to my right hon. Friend the Member for North Thanet (Sir Roger Gale), I can confirm that the UK is using our presidency of the G7 to highlight the importance of media freedom. We will be asking G7 members to reconfirm their commitment to defend media freedom and to provide practical, technical and programmatic support to journalists and media, including through the global media defence fund. The fund was set up with the help of the UK and UNESCO, which currently manages it, and we continue to support it. In 2019, the Foreign and Commonwealth Office pledged £3 million to the fund over the next five years, and we are delivering on that commitment. To date, the fund has supported a variety of activities, such as pursuing strategic litigation with the goal of challenging laws and regulations that infringe on media freedom in Zanzibar, and investigative journalism that is focused on cases of threatened, prosecuted, imprisoned, attacked or assassinated journalists in the Philippines.

I thank the High Level Panel of Legal Experts on Media Freedom for its contribution to international efforts to promote media freedom. We are now working through all the recommendations of its report, with a view to responding.

Just before I finish, I will touch on an issue raised by my hon. Friend the Member for Folkestone and Hythe and by the right hon. Member for Islington North—the threat to sustainable journalism, especially traditional media, as a result of the growth of social media and the power of the online platforms. My hon. Friend is absolutely right to highlight that issue; it is a matter of considerable concern. As he well knows, we have received a number of reports highlighting the need for action. He will also be aware that we recently established the Digital Markets Unit in the Competition and Markets Authority, which will bring in mandatory codes of conduct to ensure that the relationship between publishers—in other words, media—and the platforms is not abused by the over-dominance and anti-competitive practice of the platforms.

There is still a lot of work to do, but I am determined that this country should address the concerns that have been rightly expressed today about what happens in the UK, and I am also determined that we should continue to champion media freedom wherever it is under threat across the world. I am grateful to my hon. Friend the Member for Folkestone and Hythe for giving us the opportunity to show that this House is united in that ambition.

BBC: Dyson Report

John Whittingdale Excerpts

Monday 24th May 2021 Commons Chamber

[Julian Knight (Solihull) (Con) (Urgent Question)]

To ask the Secretary of State for Digital, Culture, Media and Sport if he will make a statement on the findings of Lord Dyson’s report into the BBC.

[The Minister for Media and Data (Mr John Whittingdale)]

Lord Dyson’s report makes shocking reading. It details not just an appalling failure to uphold basic journalistic standards but an unwillingness to investigate complaints and to discover the truth. That these failures occurred at our national broadcaster is an even greater source of shame. The new leadership at the BBC deserve credit for setting up an independent inquiry and for accepting its findings in full. However, the reputation of the BBC—its most precious asset—has been badly tarnished, and it is right that the BBC board and wider leadership now consider urgently how confidence and trust in the corporation can be restored.

It is not for the Government to interfere in editorial decisions, but it is the job of Government to ensure that there is a strong and robust system of governance at the BBC with effective external oversight. It was to deliver that that we made fundamental changes when the BBC’s charter was renewed in 2015-16. Since then, the BBC Trust has been replaced by a more powerful board with an external regulator, Ofcom, responsible for overseeing the BBC’s content and being the ultimate adjudicator of complaints. We also made provision at that time for a mid-term review by the Government to ensure that the new governance arrangements were working effectively. That review is due next year but work on it will start now. In particular, we will wish to be satisfied that the failures that have been identified could not have occurred if the new governance arrangements had been in place. The BBC board has also announced today its own review, led by the senior independent director and two non-executive members, of the BBC’s editorial guidelines and standards committee. That review will examine editorial oversight, the robustness and independence of whistleblowing processes, and the wider culture within the BBC. It will take independent expert advice and will report by September.

In an era of fake news and disinformation, the need for public service broadcasting and trusted journalism has never been stronger. The BBC has been, and should be, a beacon setting standards to which others can aspire, but it has fallen short so badly and has damaged its reputation both here and across the world. The BBC now needs urgently to demonstrate that these failings have been addressed and that this can never happen again.

[Julian Knight [V]]

Lord Dyson’s report was utterly damning. Put simply, Mr Bashir has obtained fame and fortune by instituting document forgery and callously scaring a mentally vulnerable woman—not a mistake, as he claims in The Sunday Times, but something with more than a whiff of criminality about it. The BBC then covered this up, blackballing whistleblowers and ensuring that its own reporters did not report on Bashir. But it did not stop there. The BBC rehired Bashir, who it knew was a liar, promoted him, and, extraordinarily for the BBC, allowed him to moonlight for its main commercial rival. Mr Munro, head of news gathering, greeted Bashir’s return by citing his excellent

“track record in enterprising journalism”.

My sources suggest that Mr Bashir was not interviewed, but simply appointed—hardly a highly competitive process.

Does the Minister agree that Dyson leaves still more unanswered questions? Who precisely was involved in the 25-year cover-up and instituted the action against whistleblowers? Was Bashir rehired, in essence, so that he would keep his mouth shut? Did Lord Hall make the decision to rehire Bashir, or was that in fact Mr Munro?

Finally, the BBC has announced a review into some of those matters, and into how robust its current practices are. Does the Minister agree that a good starting point would be to ensure that the investigating panel is diverse? As yet, no women are included, which is ironic considering that the victim of Mr Bashir was a woman. Should whistleblowers be compensated, and the matter of BBC culture be considered, including the “us and them” between management and reporters, and the kowtowing to so-called “talent”, at the expense of the BBC’s own editorial guidelines? Does the Minister share my alarm that Mr Davie has recently removed the sole voice for editorial policy on the BBC’s executive committee? What does he see as the long-term implications for the BBC charter.

[Mr Whittingdale]

I congratulate my hon. Friend on his urgent question. He maintains the fine tradition of the Digital, Culture, Media and Sport Committee asking probing and incisive questions. The questions he raises are valid. The process by which Martin Bashir was recruited to return to the BBC, and his subsequent resignation a couple of weeks ago, are matters that the director-general is investigating urgently, and I expect him to provide a fuller account of exactly what happened shortly. I know my hon. Friend will want to examine the BBC on that question, and indeed on the other valid questions that he raised about the composition of the panel, its diversity, and the protection in place for whistleblowing. Those important questions need to be addressed, and I am sure that my hon. Friend and the Committee will do that.

[Jo Stevens (Cardiff Central) (Lab) [V]]

I thank the hon. Member for Solihull (Julian Knight) for securing this urgent question, and the Minister for his response. I also echo the many expressions of deep concern about the actions of Martin Bashir 25 years ago, and the deception he used to secure the interview with Diana, Princess of Wales. The understandable hurt and pain expressed by Princes William and Harry has been deeply moving. The methods used by Mr Bashir were unethical and wrong, and clearly he should not have been re-employed by the BBC in 2016. The internal inquiry by the BBC into the interview was wholly inadequate.

It was right that Lord Dyson conducted this inquiry, and his findings are stark. The fact that the interview was obtained 25 years ago does not minimise the damage caused, and it is right that the BBC director-general has given an unequivocal apology. The onus is now on him to explain whether he considers that changes to the governance of the BBC in those 25 years mean that something like this could not happen again. I welcome the announcement of the review by the BBC board, its terms of reference, and the timescale to which it will report.

However, in among some of the commentary on the BBC that we have heard over the past few days, we must remember that the BBC is bigger than just Martin Bashir. It is bigger than “Panorama”, bigger than other programmes, and even bigger than the current affairs department. The BBC is one of the most trusted sources of news in the world, at a time when trusted sources are more important than ever before. The Secretary of State said in The Times today that he would not be having a knee-jerk reaction to this incident, and I welcome that commitment. The new director-general, and the chair of the BBC, whose appointments were welcomed by the Government, have been in post for less than a year. They need to be given time to make the reforms they have promised. The mid-term review is an important chance to take stock, but we must be clear exactly what problems any governance reforms will solve, and keep the issue of funding the BBC separate from its editorial control.

[Mr Whittingdale]

I thank the hon. Lady, and I agree with very much—indeed, almost everything—she said. On the governance of the BBC, as I said earlier, fundamental changes were made a few years ago, which we believe would have meant that somebody who wished to blow the whistle in the way that took place would have been listened to, and they would have had recourse to Ofcom if they were dissatisfied with the BBC. We must be absolutely sure that the new governance arrangements work properly, and there may well be need for further editorial oversight. That is what the BBC’s review is designed to reveal. However, I share her view about the importance of trust in the BBC. The mid-term review will be carefully conducted; we will not rush into any changes. Finally, I can confirm to the hon. Lady that the question of funding of the BBC is a separate one and that the licence fee—while it will be subject to debate, I have no doubt, in the coming years—is in place until the end of this charter in 2027.

[Sir Peter Bottomley (Worthing West) (Con)]

May I say to my right hon. Friend that he acted properly, in 2015, when he appointed Sir David Clementi to review the BBC? The Government were right to accept Sir David Clementi’s recommendations, which came only a few months later, putting right the absurd arrangements made in 2007 that left the BBC without a chair and led to all kinds of confusion.

May I also say to my right hon. Friend that the BBC is a beacon? Things did go wrong—by Martin Bashir, the double reviewing of what he had done and in his further reappointment back to the BBC; that is incontrovertible. But what should also be clear to the Government is that if we start attacking the BBC, we will throw out much more than we have, and if the choice is between the state broadcasting corporation—the BBC—or the United States, people in this country would rightly choose the BBC.

[Mr Whittingdale]

I must thank my hon. Friend for his words. He is absolutely right that the previous governance arrangements were deeply flawed, and Sir David Clementi, who conducted the review and then went on to become chair of the BBC, put in place a much stronger governance system, with both a stronger internal management board and external oversight, and we do believe that that would have been much more effective if it had been in place when some of the events we are debating took place. I also absolutely agree with my hon. Friend about the importance of the BBC. We have just heard a statement from my right hon Friend the Foreign Secretary about a country where public service broadcasting is not free, fair or independent. The BBC is a beacon of those things, and we are determined to strengthen it and to restore trust in it across the world.

[John Nicolson (Ochil and South Perthshire) (SNP) [V]]

The BBC has questions to answer about its cover-up culture. Why did Director-General Tony Hall bring back Martin Bashir only five years ago as religion correspondent, given that he knew he had lied over the process used to secure the Princess Diana documentary? Who else was involved in the recruitment? Was Lord Hall warned that he would be dismissed if Lord Dyson’s conclusions were as critical of his behaviour as they were? What effect, if any, will Lord Hall’s behaviour have on his retirement package? Why was Martin Bashir allowed to resign rather than be sacked? The treatment of Matt Wiessler has been unforgivably cruel. Will the BBC now offer him an apology and a financial settlement? Whistleblowers should never again be punished, as happened to those on “Panorama” who say that their careers were blighted under Lord Hall after asking uncomfortable questions. Regaining trust will now need to be a top priority. The BBC board should be strengthened with independently-minded members with journalistic experience. The ongoing cover-up culture at the BBC is long standing and must now be addressed.

[Mr Whittingdale]

The hon. Gentleman speaks with experience, as a former employee of the BBC, and he raises extremely valid questions. As I say, the BBC is conducting an urgent investigation into the circumstances of the employment of Martin Bashir, but if questions remain following that, I have no doubt that the hon. Gentleman, as a member of the Select Committee, will not be reticent in putting them to the BBC.

[Sir William Cash (Stone) (Con) [V]]

Will my right hon. Friend make it clear that both the BBC and Ofcom must understand that, following next year’s mid-term review, the Government propose to vary the charter and to make the guidelines, impartiality rules and complaints procedures subject to parliamentary approval, without any so-called independent editorial standards board, which is the same old BBC dodge of waiting until things die down and then carrying on as before that we witnessed after the Jimmy Savile affair in relation to whistleblowing, when it committed to deal with it, and it did not?

[Mr Whittingdale]

I do not want to pre-empt either the BBC’s review of editorial oversight or the mid-term review, which we are only just beginning to work on, but my hon. Friend makes some extremely valid points. We placed impartiality in the first line of the BBC’s public purposes at the time of charter renewal, and we will wish to be satisfied that the BBC is delivering that, but I know that the new chair and the director-general take that very seriously.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) [V]]

All over the world, people are appalled by the dishonesty and cruelty of the way Martin Bashir secured his interview with a very vulnerable Princess Diana 25 years ago. It is right that the BBC itself reviews again its editorial practices and how Martin Bashir came to be employed, but does the Minister appreciate that it remains a very valued national institution, both here and overseas? There is concern that long-standing enemies of the BBC are using the Bashir scandal to attack, defund and potentially dismantle our national broadcaster.

[Mr Whittingdale]

I absolutely assure the right hon. Lady that there is no question of dismantling or defunding the BBC. It is a priceless national asset, and one of the most serious consequences of the revelations of the past week is that its reputation and trust in it have been badly damaged. It is essential that it retains its position as the most trusted and reliable broadcaster in the world, and there is work to be done to restore that reputation.

[Alun Cairns (Vale of Glamorgan) (Con)]

The BBC has seen a string of public scandals, from Jimmy Savile to the treatment of Lord McAlpine, Sir Cliff Richard and many others. All have stemmed from a drive to secure sensationalist media headlines, along with groupthink and a “we know best” approach. The BBC’s capacity to scrutinise, investigate and report on itself is in tatters, which is particularly worrying considering its huge resource, how it seeks to dominate the news space and its lack of transparency. Does my right hon. Friend agree that reform is needed, not only in the specific areas that Lord Dyson has pointed to, but of its culture, transparency and whether its dominance is undermining news plurality?

[Mr Whittingdale]

I agree with my right hon. Friend. He is entirely right that this is not a one-off incident. There have been dreadful failings by the BBC in its journalism in recent years, and he mentioned three of them. I would say that all of those happened before the new charter was put in place, but we need to assess the effectiveness of the charter to ensure it is properly working, and that is something that we will start work on straightaway.

[Graham Stringer (Blackley and Broughton) (Lab)]

David Plowright, the chair and managing director of Granada Television in its great days, used to say regularly that he needed the BBC to keep the commercial sector honest. If the BBC cannot keep itself honest, we are in real trouble. Does the Minister agree that the changes at the BBC need to go beyond governance, structure and procedure, into a deep cultural change? How would he go about supporting that change?

[Mr Whittingdale]

I very much agree with the hon. Gentleman. Indeed, my right hon. Friend the Member for Vale of Glamorgan (Alun Cairns) made the same point immediately before him. It is right that the BBC investigates the precise circumstances that led to Martin Bashir’s interview and the subsequent failure to investigate properly the complaints, but it goes wider than that. It is a question of culture. We are determined that the BBC should be properly reflective of the diversity of sex, race, thought and geography. In the future, it must not just be made up of people who pat themselves on the back and turn a blind eye when accusations are made. Fundamental reform is needed, but I am assured that the new management recognises that and is determined to address it.

[Sir Edward Leigh (Gainsborough) (Con)]

When are we going to have the guts to stop the BBC criminalising people for non-payment of the licence fee, which is no better than the poll tax?

--- Later in debate ---

[Mr Whittingdale]

I understand my right hon. Friend’s strength of feeling. As he will know, we have now twice examined whether non-payment of the licence fee should be decriminalised, but this has revealed that if we decriminalise, there is a risk that the alternative enforcement mechanisms would lead to more distress for people who are perhaps not in a position to pay, with the possibility of bailiffs arriving and even greater fines. So we need to look at this very carefully. As we have said, we have not ruled out decriminalisation, but we are balancing that against the consequences of the alternatives, and that is something that the Government will continue to examine.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD) [V]]

As the House is aware, I am a Scottish politician. During the 2014 Scottish independence referendum, the BBC came under strong and sustained attack from the then First Minister, Mr Alex Salmond, a gentleman who now broadcasts on Russian television and refuses to acknowledge the enormity of the crime that was committed in Salisbury. I wonder, does the Minister agree that in the long term the editorial independence of the BBC and its protection from undue interference by politicians are paramount?

[Mr Whittingdale]

I do agree with the hon. Gentleman. The independence of the BBC is absolutely central to its reputation for objectivity and reliability, and indeed it contrasts strongly with the channel that he also mentioned, RT, which has none of those things. We are absolutely committed to maintaining and indeed strengthening the independence, objectivity and fairness of the BBC.

[Suzanne Webb (Stourbridge) (Con)]

My constituents in Stourbridge value the importance of public service broadcasting and a free press, as do I. Does my right hon. Friend agree that the BBC needs to improve its culture with a new emphasis on accuracy, impartiality and diversity of opinion, to ensure that the failures highlighted by Lord Dyson’s report can never happen again?

[Mr Whittingdale]

I do agree with my hon. Friend. She is absolutely right to say that it is those qualities of accuracy, impartiality and fairness that are admired around the world as being as being represented by the BBC. That is why the revelations in the Dyson report are so damaging, because they cast doubt on those things. I can assure her that not just the Government but, I believe, the BBC are absolutely conscious of that and determined to put it right.

[Kevin Brennan (Cardiff West) (Lab)]

I welcome, in general, the tone that the Minister has adopted today in response to this. He said in his statement that

“the need for public service broadcasting and trusted journalism has never been stronger.”

He is absolutely right about that. That was also the conclusion of our Select Committee, the Digital, Culture, Media and Sport Committee, when we recently reported on the future of public service broadcasting. This is an example of an era of journalism that was infected with a poisonous culture which unfortunately, in this case, spread to the BBC, which should have been displaying different kinds of values in its journalism. I just want to read a short quote from the National Union of Journalists parliamentary group, which said in its statement:

“It’s important for us also to reiterate that the BBC is not its management, past”—

--- Later in debate ---

[Kevin Brennan]

With your indulgence, Madam Deputy Speaker, and I apologise.

“It’s important for us to also reiterate that the BBC is not its management, past or present. The BBC and the values and principles of public service broadcasting it personifies is in fact our members, and all its staff, who do the work that makes the corporation an entity that is valued at home and throughout the world.”

Does the Minister agree with that statement?

[Mr Whittingdale]

I do agree with that statement. There is no question but that the challenge posed by fake news and disinformation, which are circulating at a level we have never previously seen, makes it all the more important that there are trustworthy, reliable places where one can go without questioning the validity of what is being reported, and the BBC represents that above all else. I read with great interest the Select Committee report that the hon. Gentleman referred to, and in large part the Government completely agree with it, certainly, the importance of public service broadcasting —that has never been less, as was powerfully set out by His Royal Highness Prince William in his comments about this episode.

[Julie Marson (Hertford and Stortford) (Con) [V]]

I was very struck by Matty Syed’s comment in The Sunday Times yesterday about “institutional narcissism” in the BBC. Although that might be slightly provocative, does my right hon. Friend believe that the current leadership of the BBC has a real sense of the cultural change that many believe is necessary to retain trust in the BBC, particularly in news and current affairs, and indeed the capacity to achieve that change?

[Mr Whittingdale]

There is no question but that even before Lord Dyson’s report was published there was a widespread feeling that the culture in the BBC needed to change—that it was made up too much of people of the same mindset and the same background and from the same part of the world. That is something that I believe the new leadership—under the recently appointed chair, Richard Sharp, and the director-general—are aware of and intend to address.

[Janet Daby (Lewisham East) (Lab) [V]]

I am very grateful for this urgent question. In its response to Lord Dyson’s report, the BBC board has said that it will review and assess

“the robustness and independence of whistleblowing processes”.

How important does the Secretary of State consider independence on whistleblowing, including the protection of whistleblowers, to be?

[Mr Whittingdale]

I regard it as absolutely essential in not just the BBC but all public bodies. We need to make sure that, in future, if somebody blows the whistle and exposes malpractice in the BBC, the consequence is that somebody else gets fired, not that they do.

[Sir Bernard Jenkin (Harwich and North Essex) (Con)]

Does my right hon. Friend agree that part of the problem in the culture of the BBC is that people often confuse the need to be accountable with a threat to the independence of their editorial judgment and that they therefore avoid that accountability? Does the board now accept that until a permanent and completely independent body oversees editorial policy, complaints procedures and whistleblowing—like a kind of accident investigation body—we will not see that change of culture, because people will go back to their established custom, which is to deny accountability?

[Mr Whittingdale]

My hon. Friend is right that we need to see much stronger oversight of the editorial decision-making process in the BBC. The BBC board covers a vast range of different aspects of the BBC’s activities—its strategy, its budget and so on—and there is a case for greater oversight, particularly of journalistic and editorial decisions. Quite how that is brought about is something that the review that the BBC has put in place is examining urgently. I understand that that review will publish a report by September, and we will obviously want to look at it very carefully.

[Hannah Bardell (Livingston) (SNP)]

Thank you for calling me, Madam Deputy Speaker:

“Trust is the foundation of the BBC.”

So says its values—except if you are trying to cover up a serial sex offender scandal such as that involving Jimmy Savile, do over a respected journalist such as Carrie Gracie or lie and cheat to get your exclusive interview with a princess.

As Lord Dyson’s report states,

“the investigation conducted by Lord Hall…was flawed and woefully ineffective”.

To add insult, a 2018 report found that Scottish fee payers subsidise broadcasting in the rest of the UK by £100 million a year. Is it not about time that Scotland stopped having to subsidise such ineptitude by those at the top of the BBC and that the Government acted to ensure that everyone in the UK is fairly treated and represented by the BBC?

[Mr Whittingdale]

The BBC is the British Broadcasting Corporation. It reports on activities across the United Kingdom. It is paid for by every person resident in the United Kingdom who has a television. Impartiality and fairness apply as much in its reporting of domestic politics as they do internationally. There are questions to be answered, as I agreed earlier, and the hon. Lady is correct. However, I do believe that the British Broadcasting Corporation should remain a beacon of impartiality for all residents of the United Kingdom.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

May I take my right hon. Friend back to the one bit of the Dyson report that has left us with a serious question? It relates to the behaviour of the then chairman and of Mr Bashir. Fraud is defined as a deception intended to result in financial or personal gain by false representation. There is no question from the report but that Mr Bashir made false representation to prey on a vulnerable woman to get her to do something that she would otherwise not have done. Furthermore, it refers to the fact, but does not conclude anything from it, that Mr Hall and others therefore covered up that process; again, I think that opens them up to the idea of fraud. Has my right hon. Friend decided to refer those people to the Director of Public Prosecutions?

[Mr Whittingdale]

The questions surrounding the employment of Martin Bashir are being urgently investigated by the corporation, as I said, and I expect a statement to be made very shortly. On whether any criminal offences have been committed, I understand that a request has gone to the Metropolitan police to examine the evidence that has been revealed and reach a judgment on it; it is a matter for the police to determine.

[Damian Green (Ashford) (Con)]

It is clear that shameful journalistic practices took place and that the investigations into them were, at best, profoundly inadequate. Does my right hon. Friend agree not only that the BBC needs to clean up its act in quite a considerable way, but that this lamentable episode should not be used as an excuse to severely damage or destroy an institution that is hugely valued by tens of millions of people in this country and millions more around the world?

[Mr Whittingdale]

I entirely share my right hon. Friend’s admiration for the BBC, which at its best is the finest broadcaster in the world. That is what makes these revelations so painful: that an institution that we all admire should be found capable of such appalling failings. I absolutely agree with my right hon. Friend; our intention is to restore trust in the BBC, certainly not in any way to diminish it as one of our great national assets.

[Steve McCabe (Birmingham, Selly Oak) (Lab) [V]]

I am sure that many people will have been disgusted by the behaviour of Martin Bashir and those senior figures who failed to address his actions, but does the Secretary of State agree that demands for the present Government to act against today’s BBC over events that occurred more than a quarter of a century ago could look a little ridiculous?

[Mr Whittingdale]

I am sure that I speak for the Secretary of State in saying that it is not a question of punishing the BBC—particularly for events that happened a long time ago, as the hon. Gentleman says—but it is essential that we learn the lessons from what happened then. As I said, we have already put significant changes in place since those episodes occurred, but we need to be absolutely certain that the current governance arrangements are effective and that these appalling incidents could not have happened if they had been in place.

[Lee Anderson (Ashfield) (Con)]

Now then: the findings of the Dyson report come as no surprise to many residents in Ashfield who have lost all confidence in the BBC. I personally have ripped up my TV licence, and it will not get another penny from me ever, because in my opinion the once great BBC is rotten. My constituents should not have to pay for a service if they do not use it. Does my right hon. Friend agree that one way to make the BBC behave in future is to make it a subscription service?

[Mr Whittingdale]

My hon. Friend is absolutely right that one of the great challenges that the BBC faces is to reconnect with the people he represents. There is a widespread feeling that the BBC is too metropolitan-centred and has lost touch with the views of a large part of the British population; I think that the BBC itself recognises that. With regard to subscription, the licence fee is in place until 2027 when the current charter expires, but there is bound to be a debate about the future funding. Moving fully to a subscription model would require quite significant changes to the way in which people receive their television, but I have no doubt that that is a debate that has already started and will continue.

[Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba) [V]]

At its heart, the Dyson report speaks to the missing values of integrity, honesty and the value of truth at the BBC. Following the biased coverage of the 2014 independence referendum, this crisis in trust is but a taste of what audiences in Scotland have known for years. The BBC brand is broken in Scotland and broadcasting must therefore be devolved, or at the very least must see the introduction of a new funding model, where all money raised in Scotland is spent in Scotland. Many will be bewildered by today’s handwringing over integrity and impartiality, when the broadcaster saw no issue in giving space to the Scottish leader of the UK Independence party in 2016, yet refused any place for my party in the 2021 debates, despite being led by a former First Minister, two sitting MPs and numerous councillors across Scotland. Why are the UK Government so quick to act when public trust has been broken now, but have been silent on the collapse in trust among viewers in Scotland for years? As a net contributor to the BBC, with a £43 million annual shortfall between income and spending in Scotland, how do the UK Government plan to plug the hole left propping up programming elsewhere upon Scotland’s independence?

[Mr Whittingdale]

The BBC is committed to impartiality in its coverage of all political events, including the referendum in Scotland and the current political debate. It is very important that the independence of the BBC is defended and that it resists political pressure from political parties in Scotland, be it the SNP or indeed some new offshoot from it.

[Sara Britcliffe (Hyndburn) (Con) [V]]

With the mid-point review of the BBC charter imminent, does the Minister agree with many of my constituents across Hyndburn and Haslingden that everything must be on the table for discussion, including its governance structures? Can he clarify that the scope of any future inquiries will cover the wider culture at the BBC?

[Mr Whittingdale]

The mid-term review is about the governance of the BBC and the new arrangements which were put in place. It will certainly incorporate a consideration of the culture to ensure that the BBC, in its present form, is delivering on its public purposes. It is a mid-term review of the existing charter. There will be an opportunity for a more fundamental examination of every aspect of the BBC, including its funding, when we come to the renewal of the charter, but that is still not until 2027.

[Tahir Ali (Birmingham, Hall Green) (Lab) [V]]

Can the Minister explain which elements of the BBC’s governance structure he thinks need to be reviewed in the light of Lord Dyson’s report? Does he agree that in considering the Dyson report we should all remember the BBC’s contribution to the UK’s economy, culture, democracy and soft power abroad?

[Mr Whittingdale]

As I said, the Government very much hope that the new governance arrangements now in place are sufficient, but the purpose of the mid-term review is to assess that and see whether any further changes need to be made. With regard to the contribution of the BBC to the economy of this country and to democratic debate, I entirely share the hon. Gentleman’s view that the BBC plays a central part in both.

[Richard Drax (South Dorset) (Con)]

I must declare an interest: I worked for BBC South Today and BBC Radio Solent for nine very happy years, where I witnessed the highest standards and was never influenced—ever—on how I was to report, other than fairly, in a balanced way and accurately. It seems to me that the problem is at the national level with senior management. Can my right hon. Friend tell the House how to ensure that senior management at the top of the BBC are, in future, independent and meet the all very high standards we want them to meet?

[Mr Whittingdale]

I am pleased to hear what my hon. Friend says about the high standards that pertained when he was working for the BBC. Obviously, that is something we hope will represent the BBC’s values in future. In terms of the leadership and management, the review which has been conducted by the BBC into the specific lessons to be learned from Lord Dyson’s report will feed into the wider reform agenda, which I think the board is determined to pursue. There is no question that there is a problem with culture at the BBC which goes beyond just the failings identified by Lord Dyson. I can assure my hon. Friend that that is something the leadership of the BBC does now recognise and is working hard to address.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

The hurt and anger felt by Princes William and Harry and other members of the royal family is palpable and painful. I am so glad that there has been an unequivocal apology from the BBC and the launch of the lessons learned report on account of the diabolical journalistic practices endured by Princess Diana in 1995, but, of course, the BBC is so much more than a single programme; it is a treasured institution that has contributed immensely to our nation over the last century. So does the Minister agree that it is very distasteful to see a feeding frenzy, especially from those with a severe dislike of the BBC? Does he also agree that it is the pinnacle of irony for the Prime Minister to be talking about being immensely concerned about journalism standards, given that he himself was sacked by The Times for inventing a quote?

[Mr Whittingdale]

The hon. Gentleman was doing fine until the end. This is a more serious matter. I certainly agree with him about the distress that has been caused to the royal family, which has been very powerfully expressed by His Royal Highness Prince William. That is something that the BBC recognises, which is why it is acting to address it. I can only repeat what I have said already: the trust in the BBC is one of its greatest assets and the BBC now has to work hard to restore that.

[John Redwood (Wokingham) (Con) [V]]

How can someone who supports Brexit, believes in the Union and loves England be persuaded that the BBC’s view of public service broadcasting will in future be fair to their views? In future, will the BBC allow the majority on these issues more voice and less denigration?

[Mr Whittingdale]

I can answer my right hon. Friend by saying that I am one of the people he has described precisely, in all three of those measures, and I, too, have occasionally been concerned at what appeared to be a lack of impartiality in the BBC on some of those issues. That is something that has been, I think, felt by a large number of people. It is the job of the BBC—as I say, it is the first public purpose of the BBC—to deliver impartiality. I know that that is something that the leadership of the BBC which is now in place is absolutely committed to, but it will be examining ways in which that can be strengthened where necessary.

[Martyn Day (Linlithgow and East Falkirk) (SNP) [V]]

While Ministers toy with taking greater personal control of the BBC, true democratic reform remains out of reach. So, rather than stifling journalistic freedom, will the Minister consider devolving broadcasting powers to the devolved nations to ensure democratic, local regulation of BBC services?

[Mr Whittingdale]

The Government have no intention of imposing greater control over the leadership of the BBC. The BBC is independent and we are committed to respecting and strengthening that independence, When it comes to the question of governmental responsibility, it is not a devolved matter; the BBC is a national broadcaster covering the whole of the United Kingdom, so we believe that it is right that it remains the responsibility of the UK Government as a whole.

[Huw Merriman (Bexhill and Battle) (Con)]

I chair the all-party parliamentary group on the BBC and I say in that regard that this has not been a good chapter for the BBC’s fine history and it is important that it learns the lessons. I welcome the Minister’s very balanced tone. No one has done more in this place to try to reform the BBC and move it to that better place. Will he describe a little more about the review process that will apply the conditions that exist now with regard to governance, versus what would have occurred beforehand? Who will perform that role? Will it be his Department, his officials, or will he bring somebody in to assist in that regard?

[Mr Whittingdale]

As my hon. Friend knows, the mid-term review was not actually due to take place until next year; it was written into the charter that it should be in 2022. We would almost certainly have started thinking about the issues to be considered and the questions needing to be addressed in any case, but this issue has made that more urgent, and the Secretary of State has it made clear that we are starting work on it now. Precisely how the mid-term review will operate and whether we will invite external submissions is not yet determined, but I will certainly try to ensure that my hon. Friend is the first to know when we have further announcements to make.

[Mr Gregory Campbell (East Londonderry) (DUP) [V]]

Some have sought to defend the BBC by saying that the disgraceful Martin Bashir incident was 25 years ago, and indeed it was. However, since 1995, we have had the Jimmy Savile cover-up; the disgraceful incident regarding the surveillance of the search of the Cliff Richard home; the political partisanship of Emily Maitlis on “Newsnight”; and recently—in the past week or so—we heard about a BBC Palestinian expert on the BBC who, before she was employed by the BBC, tweeted that Israel is more Nazi than Hitler. The mid-term review surely offers the opportunity for radical, fundamental change at the BBC.

[Mr Whittingdale]

I can tell the hon. Gentleman that a lot of the incidents he mentioned took place before the new governance arrangements were in place, but we obviously need to consider whether there are lessons to be learned from those incidents for our mid-term review. If that journalist’s tweets regarding Israel and Palestine are shown to be genuine, it is my view that anybody who can express such opinions should not be employed by the BBC.

[Madam Deputy Speaker (Dame Eleanor Laing)]

In order that arrangements can be made for the next business, I will now briefly suspend the House for three minutes.

Public Consultation on the National Data Strategy and Data Sharing Code of Practice: Government Resp

John Whittingdale Excerpts

Tuesday 18th May 2021 Written Statements

[The Minister for Media and Data (Mr John Whittingdale)]

I am pleased to inform the House that the Government are today publishing our response to the public consultation on the UK national data strategy and laying the Information Commissioner’s Office data sharing code of practice.



Government response to the public consultation on the national data strategy



The national data strategy, published in September 2020, set out a framework for action to maximise the power of responsible data use across the UK. It also launched a 13 week consultation which closed in December 2020. We received 282 unique responses from across the public sector, civil society, industry and academia, as well as from members of the general public. Consultation feedback has confirmed that our framework is fit for purpose. Many respondents also recognised the need to rebalance the narrative, moving away from thinking about data use primarily as a threat to be managed, and instead recognising data as an asset that, used responsibly, can deliver economic and public benefits across the UK.



The Government response to the consultation builds on the insights we received, and details how we will deliver across our priority areas of action in such a way that builds public trust and ensures that the opportunities from better data use work for everyone, everywhere. This includes setting out our plans to create a national data strategy forum which will ensure that a diverse range of perspectives continue to inform the strategy’s implementation. The response also reflects on the crucial role of data in building back better after the covid-19 pandemic.



In the coming months, we will publish focused updates on progress in delivering specific missions and or actions within the national data strategy.



Data sharing code of practice



The Information Commissioner’s Office (ICO) is the UK’s independent data protection regulator and has a statutory duty under the Data Protection Act 2018 (DPA) to produce a code of practice that provides practical guidance on data sharing. Today, the Government have laid the ICO’s data sharing code in Parliament. Alongside the laying of the code, the ICO has launched a data sharing information hub on its website, where organisations and businesses can find clear guidance and practical tools on how to share data fairly, lawfully and transparently, while protecting people’s personal information.



The Government are committed to working with the ICO to promote responsible data sharing which can have benefits for the economy and the delivery of public services. The national data strategy recognised that better use of data can help organisations of every kind succeed—across the public, private and third sectors. Data can be a driver of scientific and technological innovation, and central to the delivery of a whole range of vital public services and societal goals, from tackling climate change to supporting the national health service.



A copy of each document will be placed in the Library of the House today.

[HCWS37]

Regulation of Football Index

John Whittingdale Excerpts

Tuesday 20th April 2021 Written Statements

[The Minister for Media and Data (Mr John Whittingdale)]

I am announcing today that DCMS will appoint an independent expert to conduct a review of the regulation of the Football Index gambling product, up to the point where its operator’s licence was suspended in March, and to make recommendations to the Government and the regulators.

Football Index’s operator, BetIndex Ltd, was granted a licence to provide online betting by the Gambling Commission in September 2015. The Commission began a formal review of this licence in May 2020 and suspended it in March 2021. The company is currently in administration. At the time of suspension, the product allowed customers (called traders) to place bets (shares) on the future performance of footballers. These bets lasted for three years, with payments called dividends being made according to a player’s performance. The product evolved to let customers buy and sell bets with prices fluctuating according to demand.

The Government are taking the situation regarding Football Index and the concerns of those affected by it very seriously. It is reported that many thousands of customers are affected by the product’s collapse, with some having lost very large sums. This review will aim to establish both how this situation came about and what lessons we can learn from it.

A principal purpose of the review will be to take an objective look at the decisions and actions of the Gambling Commission and any other relevant regulators, to provide a clear account of how the company’s activities were regulated and identify if there are potential areas for improvement in how complex products are treated.

Its findings will form part of the evidence informing the Government’s review of the Gambling Act 2005, which was announced in December 2020. The review is considering whether changes are needed to the regulatory framework around gambling, including the Commission’s powers and resources and how it uses them. It is also looking at how novel and complex products should be licensed and regulated.

The Commission’s regulatory investigation into BetIndex Ltd is continuing. This independent review is separate to that investigation and will be carried out and report in a way which will not compromise it. It will also be without prejudice to the ongoing administration proceedings, which among other things are looking at assets and liabilities of the company and recompense to customers.

Further details of the independent reviewer and terms of reference will be announced in due course. It is intended that the review will report publicly in the summer and will inform the wider Gambling Act Review. The Government aim to produce a White Paper setting out their findings from the review of the Gambling Act 2005 by the end of the year.

[HCWS929]

Oral Answers to Questions

John Whittingdale Excerpts

Thursday 18th March 2021 Commons Chamber

[Daniel Zeichner (Cambridge) (Lab)]

What steps the Government is taking to ensure the free flow of data to and from the EU.

[The Minister for Media and Data (Mr John Whittingdale)]

Under UK law, personal data can currently flow freely from the UK to the EU. The trade agreement also ensures the continued temporary free flow of personal data from the EU to the UK until adequacy decisions are adopted. The European Commission published positive draft adequacy decisions on 19 February and we expect the EU to complete the technical approval process soon.

[Daniel Zeichner [V]]

We all know how important the flow of data is for UK business, but frankly the Government have handed the powers to the EU to turn our data on and off. They have turned us into supplicants, effectively. What are the contingency plans, given that relationships are frosty, should the EU use those powers?

[Mr Whittingdale]

As I say, the EU Commission has already provided an assessment of the UK’s data protection laws, which found us to be adequate, and there is absolutely no reason why that should not be confirmed once the processes are under way. However, we have said that it is sensible for businesses to make contingency plans by putting alternative transfer mechanisms in place, just in case there comes a point at some future date, but we expect adequacy to be granted within the timescale permitted.

[David Johnston (Wantage) (Con)]

What progress his Department has made on allocating further support to the culture and heritage sector through the Culture Recovery Fund.

--- Later in debate ---

[Mr Richard Holden (North West Durham) (Con)]

What steps the Government are taking to ensure fair competition for the fourth national lottery licence.

[The Minister for Media and Data (Mr John Whittingdale)]

The national lottery is a national treasure that enhances the cultural and sporting lives of millions of people across the UK, and it has funded over £1 billion in projects supporting the response to covid-19. The Gambling Commission is running the competition for the next licence and is following best practice from across the public sector for competitions of this nature.

[Mr Speaker]

I am not quite sure that the two are linked.

[Mr Whittingdale]

I am aware that my hon. Friend is a huge fan of Consett AFC, and of course he and his fellow fans are very excited about this historic match, which is due to take place in Wembley. We are working to try to get spectators back into stadiums as soon as possible. I fully understand his disappointment that it does not look as if it will be possible in time for the match, but I have no doubt that he and thousands of others will be cheering on his team from their sofas.

[Alex Sobel (Leeds North West) (Lab/Co-op) [V]]

I will ask a question more directly to do with the national lottery. The national lottery helps to fund many charities, cultural organisations and heritage sites, and whoever is awarded the new licence must be beyond reproach. Conservative party donor Richard Desmond—who persuaded the Prime Minister to raise the jackpot limit to benefit his own lottery and then successfully lobbied the Secretary of State for Housing, Communities and Local Government over the controversial Westferry development, saving himself £40 million, resulting in an unlawful planning decision that was followed soon after by another donation to the Conservative party—wants to run our national lottery. Does the Minister believe that Mr Desmond is a fit and proper person to do this?

[Mr Whittingdale]

The hon. Gentleman is right about the importance of the national lottery. Indeed, I point out that his constituency has received over £6 million in funding over the last five years. Which applicant should take on the franchise is determined by the Gambling Commission, and of course it will want to be satisfied that the successful applicant meets the highest standards of probity and integrity, but it is a matter for the Gambling Commission.

[Antony Higginbotham (Burnley) (Con)]

What steps his Department is taking to support the return of elite sport as covid-19 restrictions are eased.