Thursday 23rd May 2024
(3 weeks, 4 days ago)
Lords ChamberMedia Act 2024 View all Media Act 2024 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 89-I Marshalled list for Report - (23 May 2024)
The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)
My Lords, we are back for Report stage of the Bill rather sooner than we anticipated when we had our Committee debates earlier this week. By necessity and through the process of wash-up, the conversation and debate will be different to the one we would have had, if the Bill had proceeded at a normal pace. I hope that, in my time at the Dispatch Box, I have gained a reputation for listening to the points raised in scrutiny of legislation in your Lordships’ House. I hope that I demonstrated that through the way I steered the Online Safety Act through, which was much improved by amendments from all quarters.
Had we had more time on this, I would have looked forward to debating many of these points in greater detail and discussing them with noble Lords outside the Chamber. I have had the opportunity to do that, albeit in unusual circumstances: my noble friend Lord Attlee and I had a conversation this morning at Westminster tube station, on our way into Parliament and, as the noble Lord, Lord Russell of Liverpool, said, we were discussing aspects of the Bill in the Kingdom of Bahrain earlier this week on our red-eye flight back on Sunday night and Monday morning, which was a perfect way to start what has been a quiet week in Westminster. I am grateful to all noble Lords, as I always am, for the time that they have given in the Chamber and outside to discuss these matters.
We are all pleased to see the noble Lord, Lord McNally, back in his place. I hope that he has had a chance to see the best wishes sent to him yesterday, and we are glad that he is back with us for our debates today.
The noble Baroness, Lady Bull, very kindly began this group by paying tribute to the Bill team. I echo that: they have worked extraordinarily hard since the announcement of the general election to consider these amendments and to prepare. If I may, I single out the Bill manager, Charlotte Brennan, who hot-footed it back from Sunderland this morning. Last night, she was watching a Bruce Springsteen concert and has come back on what was supposed to be a day of leave to aid your Lordships and all of us in our deliberation. Luckily, like the Boss, she was born to run, and she has run back today.
If I may misquote Springsteen again, I think there is a risk in wash-up for this and all Bills that we end up with “All or Nothin’ at All”. The noble Baroness, Lady Thornton, alluded to the clear statements that we have heard from the sector, including the statement made this morning by chief executives from the broadcasting industry about the Bill. As noble Lords may not have had the opportunity to see that yet, I shall quote it in full, because it is worth bearing in mind in our deliberations. They say:
“As leading CEOs from the UK broadcasting industry, we call on politicians across Parliament not to let the opportunity to modernise the rules that govern our sector pass. The Media Bill as currently drafted is widely supported across industry and Parliament itself and has undergone Parliamentary scrutiny in the Select Committee and both Houses of Parliament, having completed second reading and committee stage in both houses. The reforms proposed in the Bill will update key aspects of media legislation for the online TV era, to ensure audiences continue to benefit from the highest quality UK-originated content from the PSBs, and help the UK’s content sector thrive for years to come”.
I know noble Lords have had the opportunity to meet the representatives of the sector and hear how they have worked very hard to come to consensus on matters in this Bill. I hope that we will be able to follow them and give them the Bill they need, for all the important reasons they have set out. For that reason, inevitably, I will upset some noble Lords who, had we proceeded at a different speed, I might have been able to satisfy.
I will start with Amendment 1, from the noble Baroness, Lady Bull, about the importance of retaining the Reithian principles in this legislation. As the noble Baroness said, she, the noble Viscount, Lord Colville, and I had the opportunity to meet earlier this week with officials to talk about this, and we have been considering the issue since she raised it both in Second Reading and on the first day in Committee. I am happy to say that, because that work had already been proceeding and because of the powerful arguments made on all sides of the House at Second Reading and since, I am able to accept her Amendment 1, which will ensure that these principles remain an explicit part of the remit. As we have discussed, they are admirable and important principles, and we want them to remain key to the public service broadcasting ecosystem. I am glad to be able to lend our support to them.
I also thank the noble Baroness, Lady Bull, for her Amendment 4, which seeks to make it clear that children’s programming should be included in educational programming. That goes beyond the current drafting of the Bill, which specifies that children’s programming must reflect
“the lives and concerns of children and young people in the United Kingdom”
and support them
“to understand the world around them”.
I am of course in favour of high-quality programming that supports children to learn and grow, and believe that the public service broadcasters have an important role in providing this.
Children’s programming is an issue that my honourable friend Julia Lopez in another place feels very strongly about, but nobody feels more strongly about it than the noble Baroness, Lady Benjamin, who on this Bill and so many others has spoken passionately about it. She has called for a review of children’s access to public service media. I am pleased to say that there are already requirements on Ofcom to report on children’s television, and legislation already allows for considered assessment of the provision of children’s programming. As the independent regulator, Ofcom is well placed to consider and report on the market more broadly and on how children are accessing content in an increasingly digital world. Ofcom already has a wealth of experience in this area; noble Lords may have seen its yearly Children’s Media Lives report and its Children and Parents: Media Use and Attitudes report. In these reports, Ofcom analyses in depth the way children are accessing content and their attitudes to media today.
Ofcom will continue looking at how children’s media needs are being met in its upcoming review of public service media. Ofcom will review how public service broadcasters are delivering for children, given the significant changes in the media sector, as the noble Baroness set out. This review will draw on Ofcom’s broad range of research to set out what young people are watching, the services they use and value, and the role public service content plays in their lives. Ofcom will also look at who is commissioning the content that appeals to young audiences, and in particular at the incentives on providers to commission it. Ofcom will set out the scope of its public service media review and related programme of work this summer.
As the noble Baroness, Lady Thornton, rightly says, the regulator is listening and is able to act in this area, and I am sure will have heard the strength of opinion raised by the noble Baroness and others in our debate today. Although I am afraid I must disappoint her on her Amendment 8, which I cannot accept, I hope I can reassure her that her words have not fallen on deaf ears—they never do. I know that her work in this important area will continue into the next Parliament and beyond.
I am happy to say that, given that we are returning to the issue in the context of Amendment 4, from the noble Baroness, Lady Bull, I am able to support that amendment, which seeks to add educational programming for children explicitly to the remit. I hope that goes some way—albeit not as far as the noble Baroness, Lady Benjamin, would wish me to go—to address the concerns she set out in her powerful speech. To repeat, I am able to accept Amendments 1 and 4 from the noble Baroness, Lady Bull.
I am afraid that that is where the good news ends. The noble Baroness, Lady Bull, has also tabled Amendment 2, which focuses on public service broadcasters’ provision of programming across a range of specific genres. I know that many in your Lordships’ House feel strongly that the Bill should include a specific list of genres. We heard throughout Second Reading and in Committee a hearty debate on what should be on that list. In the public service remit, we want to set a clear and simple vision for the industry, one that narrows in on exactly what it means to be a public service broadcaster, and we believe that this Bill achieves just that. The Government carefully considered the issue of genres during the design phase of the Bill and as part of its pre-legislative scrutiny. We have added a new subsection (6) in response to that process which makes clear that public service broadcasters must together produce a range of genres in order to fulfil the public service remit.
As I said in Committee, there are two mechanisms for the provision of genres: first, Clause 1 requires Ofcom to report every five years on the extent to which the public service remit is being fulfilled; and, secondly, we have retained the specific obligation of Ofcom in Section 358 of the Communications Act 2003 to collect and report statistics annually on the principal genres which are made available on television and radio services. If the provision of a particular genre was seen to be lacking by Ofcom then the Government of the day could act. New Section 278A of that Act creates a new power, allowing the Secretary of State to create quotas for underserved content areas on Ofcom’s recommendation. This could be used in future to add specific and granular requirements on public service broadcasters with regard to any particular genre. I hope that as I have set out the vital importance of a streamlined public service broadcasting system, and the options to add a requirement about a particular genre at a later date, the noble Baroness will be content not to move Amendment 2.
As several noble Lords have pointed out, Gaelic language broadcasting is crucial for the lives and well-being of Gaelic speakers across Scotland and in the rest of the UK. This Bill already helps to ensure that audiences are able to access content in regional and minority languages, as well as content that is culturally important to communities across these islands, for decades to come. As I have said previously, Clause 1 makes the importance of programmes broadcast in the UK’s regional and minority languages clear in legislation by including it in our new public service remit for television. This provision already covers Gaelic. As such, I am happy to reassure noble Lords that this is covered in the Bill.
I emphasise that the partnership between MG Alba and the BBC is extremely significant for Gaelic language broadcasting, with the BBC already having a specific responsibility in the framework agreement to partner with MG Alba to provide and distribute BBC Alba. On that basis, noble Lords will already have seen that the Government are formally considering the funding of minority language broadcasting, including Gaelic, as part of the BBC funding review which was launched on 7 December. Once the funding review has concluded, I am firmly of the view that then will be the right time to consider the overall future of MG Alba and the ongoing provision of Gaelic language broadcasting. Given the closeness of the link between the BBC and MG Alba, we think these considerations are best done alongside the upcoming review of the BBC’s royal charter, and further details will be set out in due course.
While I am grateful to my noble friends Lady Fraser of Craigmaddie and Lord Dunlop, who have given considerable attention to this and with whom I had the opportunity to begin discussions outside the Chamber on this, I am afraid that I am unable to accept the amendment that has been brought back today.
The growth in film and television production outside London is a great success story, and our public service broadcasters are one of the key drivers of that growth. That is in part due to the quotas placed on them which require them to produce a minimum amount of programmes made outside London. However, we should not overlook the fact that our public service broadcasters have consistently exceeded those quotas, often significantly, and some have even made public commitments to go further than the requirements currently in their licences.
As I set out on the second day in Committee, on Monday, His Majesty’s Government welcome the pledge by the BBC to increase its production expenditure outside our capital to 60% by 2027, and Channel 4’s commitment to spend at least 50% of its main channel commissioning budget outside London. As I also set out on Monday, the regulatory system proposed in this Bill will continue to support the success of the industry in several ways. The Bill is explicit in Clause 1 in its intention to recognise the need for programmes produced outside London through our new public service remit, while the quota system that underpins this mission statement is a clear and well-understood mechanism for holding public service broadcasters to account. The level of these quotas is set by Ofcom, which has broad powers to amend them.
The levels of Channel 4’s regional programme-making quotas, which are the subject of Amendment 6, are being consulted on by Ofcom as part of its consultation on the next Channel 4 licence, which will come into force from 1 January next year. Channel 4 has said that it would support, as my noble friend Lady Fraser said, a managed and carefully considered increase to its programme-making commitments in the home nations. His Majesty’s Government look forward to the outcome of the licence renewal process and seeing how the sector’s concerns have been addressed.
Lord Watts (Lab)
I am asking a question. Would the Minister like to comment on the fact that the BBC and Ofcom are dominated by card-carrying members of the Tory party? Does he think that is healthy?
Lord Parkinson of Whitley Bay (Con)
The noble Lord will not be surprised that I do not agree with his final points. But I agree on the importance of local television, which we have heard about in our debates. Local television services continue to play an important role in the wider broadcasting system, adding great value to communities, including during the pandemic as well as in normal times. The Government remain committed to securing the most effective framework for local TV operators going forward. I hope I can reassure him that we very much care about them.
On Amendment 10 tabled by the noble Baroness, Lady Thornton, we are in complete agreement with her on the need to protect children and vulnerable audiences from harmful and inappropriate video on demand content to which they might be exposed. I wish we had more time to continue the discussions on the important matters she raised; my noble friend Lord Bethell and others would have looked forward to that. I reassure noble Lords that the concerns they raised are already well covered by the Bill as drafted. Ofcom will be given extensive powers to set standards, assess video on demand services’ audience protection measures and take action that it considers appropriate. If audiences are concerned, they can complain to Ofcom, and the regulator can, in the most serious cases, set sanctions such as financial penalties or even restrict access to that service in the UK.
The noble Baroness’s amendment looks to set specific standards for services that use age ratings. The Bill already gives Ofcom the power to set these standards and others through the new video on demand code. Ofcom must keep these rules under constant review so that they can be adapted to take into account changes in technology and audience expectations. I am grateful to her for reiterating this important point today, and I hope I can reassure her that the Government are proposing effective and proportionate regulation that covers this and other issues.
With that, I urge noble Lords not to press their amendments—other than the Amendments 1 and 4 tabled by the noble Baroness, Lady Bull, which I am pleased to be able to support.
Lord Bassam of Brighton (Lab)
My Lords, I think the convention of the House is that, on Report, a noble Lord has only one bite of the cherry.
This has been a long debate and we had a long debate yesterday. I listened to all sides of the argument and have set out the Labour Party’s viewpoint on the current situation. There is one argument with which I strongly agree, and that is that it is unfortunate that we are having this debate, on this Bill, at the end of a Parliament. It is a great shame, because this part of the Bill does not really sit easily with the rest of it, which is primarily about broadcast and audio media. We should have stuck to that subject matter.
With that said, we do not support the amendments that have been tabled by my noble friends behind me, and we are unable to give them the backing they wish. We now have a settled position and things have moved on since Leveson. I do not disagree with some of Leveson’s conclusions, but I think that the issue has moved forward. I do not think that sufficient weight and seriousness were paid to the arguments that are being made that we need to look closely at the press and examine how it works. I heard the passion of the noble Baroness, Lady Hollins, and of my noble friend Lord Watts, and I understand their concerns, but I do not think that this is the best way for us to continue to approach matters. That is the Labour Party’s position, and we will not support our colleagues if they push this to a vote. We are content for the Government to conclude business on this group, which we hope will enable us to make progress on the Bill.
Lord Parkinson of Whitley Bay (Con)
My Lords, as the noble Lord, Lord Bassam, said, this has been a long debate, as our debate yesterday was, but I am not sure that it has shed much light for us to be blinded by. The noble Lord, Lord Watson of Wyre Forest, inadvertently put it rather well when he said that this was not a debate that was likely to change anyone’s mind. This reflects an old debate, one which began well over a decade ago and on which few minds have shifted in the intervening years. We are focused on a narrow aspect of it: to repeal a provision that has never been enacted, languishes obsolescent on the statute book and, even in that dormant state, causes great concern to our free press, one of the things on which we pride ourselves in this nation. That is why it is essential that this provision is removed and why this is not a controversial debate, although some noble Lords opposite continue to disagree with it.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am grateful to my noble friend Lord Astor for outlining his amendment today. We debated much the same amendment yesterday. I will speak to it and the other amendments in this group.
The Government are committed to a free and independent press which, as I said, is vital to our democracy. There now exists a strengthened, independent, self-regulatory system for the press. The majority of traditional publishers are members of IPSO. Some publishers have joined Impress, while others, including the Financial Times and the Guardian, have chosen to stay outside either regulator, with their own detailed self-regulatory arrangements. These regulators enforce codes of conduct which provide guidance on a range of areas including discrimination, accuracy, privacy and harassment. If they find that a newspaper has broken the code of conduct, they can order corrections.
Given our commitment to independent self-regulation, it is not government policy to review the efficacy of press regulators. The Government have committed to independent self-regulation of the press. This extends to not intervening in or overseeing the work of the press regulators. Accepting Amendment 15 would amount to government regulation of the press and I am not able to accept it.
Turning to the amendments tabled by my noble friend Lord Astor and the noble Baroness, Lady Hollins, the Government do not interfere with what the press can or cannot publish. That extends to endorsing regulators of which publishers should become members. Consulting on, with a view to creating, other incentives to the press to join a Press Recognition Panel-backed regulator that a consultation might identify would conflict with the Government’s clearly stated position. Indeed, the Government consulted on the repeal of Section 40 in its entirety in 2016—eight years ago—and the vast majority of respondents backed repealing it. That was reflected in our previous two manifestos, as I pointed out. For those reasons, I am afraid I am not able to accept Amendments 14, 17 and 18.
I shall say a bit about Amendment 16, tabled by the noble Lords, Lord Watts and Lord Watson of Wyre Forest, which would introduce a requirement on publishers that are not members of a Press Recognition Panel-backed regulator to publish a reply or correction where they have published information containing a “significant factual inaccuracy”. The requirement would be triggered by a demand made by an individual to whom the information relates. In practice, this amendment would incentivise membership of Impress, as I think the noble Lords know, and, as with the commencement of Section 40, could disadvantage publishers who choose not to join Impress. I think I have made my views very clear, so for those reasons I am not able to accept that amendment either.
I hope noble Lords will not press their amendments.
Viscount Astor (Con)
My Lords, I thank the Minister for his response and for the way that he has conducted the Bill. I beg leave to withdraw the amendment.
Lord Parkinson of Whitley Bay (Con)
My Lords, I am grateful to noble Lords for their understanding and flexibility today. This is my first wash-up.
Lord Parkinson of Whitley Bay (Con)
Yes, I feel very clean at the end of it—thoroughly washed.
I am grateful to noble Lords who have given this Bill considerable scrutiny in pre-legislative scrutiny and during our debates on Second Reading and in Committee. As I have said throughout, it has been amended through the pre-legislative scrutiny it received. I am glad that we have been able to reflect some of our debate in Committee and amend it further. I am grateful to noble Lords for their understanding and recognition of the great support and demand that it has from the media sector, which we all cherish and which we know will play its very important part in the election campaign that is now under way. I particularly thank the noble Baroness, Lady Thornton, and the noble Lord, Lord Bassam of Brighton, on the Benches opposite and the noble Baroness, Lady Bonham-Carter of Yarnbury, and her noble friend, the noble Lord, Lord Foster of Bath, who spoke from the Front Bench for the Lib Dems. However, noble Lords from across the House have given it robust scrutiny, including today in this swifter form.
I will briefly pay tribute to my honourable friend Julia Lopez, the Minister for Media, Tourism and the Creative Industries in another place, and indeed to my right honourable friend Sir John Whittingdale, who covered her maternity leave for parts of the Bill. They have both played an important part in it. I thank my noble friend Lady Stowell of Beeston, who chairs your Lordships’ Communications and Digital Committee and has given careful consideration to this Bill and, with other members of her committee, to many of the other issues that are related to it.
I have already had the opportunity to thank the Bill team, but I repeat my thanks. They have worked particularly hard in the last 24 hours, but this is the culmination of many years’ work since the Bill was first produced in draft form and laid for pre-legislative scrutiny. I am delighted that their hard work means that we will be able to send it on its way to the statute book. It is perhaps appropriate to finish with some words from Bruce Springsteen: “Come on, let’s go tonight”.
Baroness Bonham-Carter of Yarnbury (LD)
I have not had the chance to say my thanks and I want to thank the Minister. Apart from anything else, his sense of humour throughout this has been really helpful and refreshing. His genuine passion for the DCMS has also really come through. As I said earlier, I wish this could have gone on longer. I suspect we could have got some more concessions through him. I also thank my friends on the Labour Benches and those on the Cross Benches, although they have gone. This has been a very collegiate event. Of course, I thank everyone on my Benches, although they seem not to be here—well, one of them seems to be here, and of course my noble friend Lord Addington.