Baroness Scotland of Asthal
To ask Her Majesty’s Government, in the light of the recent News Corporation bid for full ownership of BSkyB, what assessment they have made of the legislation relevant to the bid; and what deficiencies in the legislation they have identified.
Baroness Rawlings
My Lords, the News Corporation bid for BSkyB raised a number of issues in respect of the existing media ownership regime. The Secretary of State will consider these issues, alongside any others and the recommendations from the Leveson inquiry, as he undertakes the communications review.
Baroness Scotland of Asthal
My Lords, does the Minister accept that there is general concern across the House about the adequacy of the current legislation? Does she also accept that the provisions of Section 58(3) and (4) of the Enterprise Act were created to enable the Secretary of State to amend the conditions in Section 58 if he or she felt that the need arose? In those circumstances, will the noble Baroness tell us why the Secretary of State refuses to take advantage of Section 58(3) and (4) to ensure that in future, if there is a fundamental mistake, misrepresentation or act of bad faith, advantage cannot be taken of the same?
Baroness Rawlings
My Lords, yet again the noble and learned Baroness raises a very technical and important point. This follows our extensive correspondence about Section 58(3) and (4) of the Enterprise Act 2002, all letters relating to which have been placed in the Library. With all due respect to the noble and learned Baroness, Lady Scotland, we may not agree on specific points, but I want to clarify that there is already a requirement on Ofcom to make certain that anyone holding a broadcasting licence is and remains a fit and proper person. I again stress that this is an ongoing requirement and not one limited just to a merger situation. I am most grateful to the noble and learned Baroness for raising this important point again and we will consider it. The Secretary of State is not refusing to act; he will bring this up at the Communications Bill committee while also awaiting the results of the Leveson inquiry.
Lord Fowler
My Lords, does my noble friend agree that over the past 10 years, and way before that, Governments and media owners have become far too close to each other? Would it therefore not be sensible to ensure that Ministers do not make the final decisions in media takeovers?
Baroness Rawlings
My noble friend makes a very good point. He has brought it up before and he knows that the Secretary of State agrees with it. The Secretary of State said this in his speech in Edinburgh on the Royal Television Society. He said that he wanted to explore this option in more detail and welcomed any views. At the same time, he will take into account the recommendations of the Leveson inquiry before making any final decisions. This is on the table and I am pleased that my noble friend has brought it up.
Lord Razzall
My Lords, obviously this is an occasion on which we are slightly intruding on private grief, bearing in mind the travails of News Corporation. Does the Minister not agree that the concern at the time of the original bid was that, if the merger were allowed, there would be no further power for either Ofcom or the Competition Commission to intervene, even if the News Corporation share of the market got bigger and bigger? Does she accept that there is an opportunity in the future Communications Bill to ensure that intervention can take place not just when there is an act such as a merger or a takeover but at any stage thereafter if the organisation gets too big?
Baroness Rawlings
My noble friend is very expert in these matters and has gone to the core of the subject. We are looking at the existing rules, particularly in the light of the News Corporation merger. It is important that these rules that we have in place do not allow one person or organisation to have too much control over the whole media landscape. We want a vibrant media market which attracts investment, ideas and skill. The challenge is to come up with suitable restrictions on media ownership which do not unduly restrict those. We recognise the gap that he mentions.
Lord Prescott
My Lords, the noble Baroness will realise that in the debates that we have had in this House on the Murdoch press and its application to BSkyB she has constantly told us that it is an issue not of criminality but of plurality. However, those crimes have continued under Murdoch. Indeed, only four months ago the Secretary of State for Culture assured us that he had interviewed Murdoch and was satisfied that he was increasing the independence of the editorial board and the financial viability of BSkyB. I hope the Minister will understand that it is not acceptable for this company to be in control of BSkyB or, indeed, to own the shares that it has at the moment as it is not a fit and proper company. Will its present shares be now reconsidered as the company is not a fit and proper one in view of all its criminal activities?
Baroness Rawlings
My Lords, I understand the concern of the noble Lord, Lord Prescott, and how he has suffered in this matter. We acknowledge that so far one newspaper in particular was responsible for the hacking and that it was the solid investigative journalism of another that exposed it. I am sure he agrees that we need to restore public trust in the regulation and activities of all our newspapers, and we expect that newspapers on the whole will welcome this. We trust that the Leveson independent inquiry will be able to do this and we trust in self-regulation in the capable hands of my noble friend Lord Hunt of Wirral.