Creative and Cultural Industries: Impact of Visa and Immigration Policies

Baroness Bonham-Carter of Yarnbury Excerpts

Tuesday 25th July 2023 Lords Chamber

Asked by

[Baroness Bonham-Carter of Yarnbury]

To ask His Majesty’s Government what assessment they have made of the impact that the United Kingdom’s visa and immigration policies have on the UK creative and cultural industries.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, the United Kingdom is, and will continue to be, an attractive destination for top international talent in these fields. Our visa and immigration system has been designed to support, and is supporting, all areas of the United Kingdom’s thriving and expanding creative and cultural industries. It is a very generous, adaptive and flexible proposition from the department.

[Baroness Bonham-Carter of Yarnbury (LD)]

I thank the Minister for his response. As I think he was trying to say, and as the Chancellor recently said, the creative industries are one of the UK’s five high-growth priority sectors. Skills and talent from a global pool are essential to its success, but it is experiencing widespread workforce shortages from both here and abroad—exacerbated, of course, by Brexit. Does the Minister accept the concerns of the chief executive of Creative UK that the Migration Advisory Committee’s shortage occupation list, as a mechanism for addressing this problem, is not fit for its core purpose? Some occupations from the creative sectors already appear to have been deemed out of scope. Why? The recently published Creative Industries Sector Vision says:

“the Home Office, DCMS and industry will work together to maximise the effectiveness of existing immigration routes for the creative industries workforce”.

How is the Minister’s department planning to do this while at the same time limiting such an essential route?

[Lord Murray of Blidworth (Con)]

I am afraid that I do not accept the noble Baroness’s proposition that we are, in some way, limiting access to the United Kingdom for creative workers. As I alluded to in my Answer, our domestic law allows musicians, entertainers, artists and their technical staff from non-visa national countries, such as EU member states, the US, Canada, Australia and New Zealand, to perform in the UK without requiring a visa. A non-visa national can stay one month without a visa if they are invited to the UK by a UK-based client or organisation and paid by a UK source, under the permitted paid engagement visitor rules. A non-visa national can stay three months without a visa if they have been assigned a certificate of sponsorship by a licensed sponsor, which is usually a UK company. A non-visa national can stay six months without a visa if performing at a permit-free festival; they are listed in the Immigration Rules and run from Glastonbury to Glyndebourne. All nationalities can apply for a 12-month stay, on a temporary work creative worker route visa, if they obtain a visa and have a certificate of sponsorship.

Security Threat to UK-based Journalists

Baroness Bonham-Carter of Yarnbury Excerpts

Tuesday 21st February 2023 Lords Chamber

[Baroness Bonham-Carter of Yarnbury (LD)]

My Lords, from these Benches, I thank the Minister for the Statement. We are all horrified that Iran International felt the need to close its offices in the UK, and I look forward to hearing his answers to the questions of the noble Lord, Lord Coaker.

For many years, I worked as a journalist. Many of my closest friends are journalists. The closest is no longer with us: Marie Colvin—brave, wonderful Marie, targeted by the Assad regime and murdered in Homs, Syria, in 2012. Tomorrow is the anniversary of her death. Now we see this targeting of those who seek to hold power to account happening on our own British soil. It is unacceptable, so I welcome the Government’s acknowledgment that freedom of the press is sacrosanct.

As with the Government’s robust response to the Iranian Government’s behaviour towards Iran International, will they be equally robust over Iran’s behaviour toward BBC Persian and the persecution of BBC Persian staff and family members living in Iran? What they are being subjected to is appalling.

Finally, these cumulative events underline just how important our free press is, as the noble Lord, Lord Coaker, said. It is vital that, in countries like Iran, citizens have access to our wonderful BBC World Service. Consequently, does the Minister not agree that it must be properly funded and not forced into making the kinds of cuts that it has had to make recently?

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I thank the noble Lord and the noble Baroness for their remarks, and I start mine by stating, as my right honourable friend in the other place said, that

“The United Kingdom is committed to defending our freedoms—values that define us and make us who we are—and none is more fundamental than freedom of the press.”


So I entirely echo their opinions on that subject.

As to the specific circumstances of the people in London who have been targeted by another state, the police and the security services work night and day to keep people safe, and that is what they have been doing here. The noble Lord, Lord Coaker, referred to the statement this weekend from Matt Jukes, the head of counterterrorism policing at the Metropolitan Police. He set out the scale of their operations and the protective security in relation to this case to date, and said that

“The advice to relocate has not been given lightly”


but is the result of continued investigations and dedicated work to keep people safe. We thank them for that. As my right honourable friend the Security Minister said yesterday, Iran International has praised the police for their efforts, and this commendation speaks volumes.

Of course we take these attacks on a free press seriously. That is why we are doing this. As to the allusion to why we have allowed this to happen and what representations have been made to the Iranian authorities, the Foreign Secretary called the Iranian chargé d’affaires in for a meeting yesterday and we will be looking at further sanctions for those connected to the Iranian regime. There are around 300 sanctions in place against Iran, including the entirety of the Islamic Revolutionary Guard Corps. Alongside international partners, we sanctioned another eight individuals yesterday. My right honourable friend in the other place referred to speaking to international partners in Germany, France and the US yesterday, so this effort goes across Governments. We are not the only ones to suffer from this.

The noble Lord, Lord Coaker, asked what the Government are doing to disrupt Iran’s use of serious organised crime groups. He will appreciate that I cannot go into operational details—I am sure that he does not expect me to—and I appreciate that he still has to ask the question. It is concerning; it demonstrates the poor state and quality of Iranian intelligence services that they are able to conduct their activities only by resorting to criminals—small comfort. This concern does not relate only to the UK. As I just referenced, we are working closely with international partners, which face very similar threats, and a lot of other international organisations to identify, degrade and disrupt these networks to the best of our ability. We make full use of the range of powers available. I also commend to all noble Lords present the National Security Bill, which is passing through the House at the moment.

I referenced sanctions earlier. The Government are putting an enormous amount of pressure on the Iranian regime. I have a long list of sanctions, which I could go through, but I will leave it at the headline number of 300. There are a lot more that we could do but, as I said and we have discussed in many other debates on these sorts of subjects, we work with international partners and there is no point in doing this in isolation.

The noble Lord, Lord Coaker, asked about proscription of the IRGC. We keep the list of proscribed organisations under review, but we do not comment on whether an organisation is or is not under consideration for proscription. To go into more detail, we regularly assess the impact of the IRGC and its continued destabilising activity, particularly in the Middle East. As I have said, the UK maintains a range of sanctions that work to constrain its activities and we support the enforcement of UN prohibitions on the proliferation of weapons to non-state actors in the region, including to the Lebanese Hezbollah and the Houthis in Yemen—both of which are proscribed organisations.

On the ISC question, we are supplying it with as much as we can. As we talked about in December, my right honourable friend in the other place has set up a defending democracy task force. He has promised to come forward with some updates on that soon, as well as it being part of the strategic review, so we can look forward to that.

I have spoken long enough and hope I have answered the questions raised. I will conclude with some of the remarks made by my right honourable friend the Security Minister in the other place, who put it very well. I have not quite concluded, because I have forgotten to answer the noble Baroness’s question, but I will do so in finishing. My right honourable friend put this very well and, more importantly, I know that all noble Lords share these sentiments. He said:

“To the brave Iranian journalists and community here in the United Kingdom, I say that this country, this Government and this whole House stands in solidarity with you against the oppression that you face.”


He went on to say:

“let me directly address the Iranian regime, which is responsible for these heinous crimes. We will hold you to account for your blatant violation of our laws and values.”—[Official Report, Commons, 20/2/23; cols. 49-51.]

As a postscript, the BBC is operationally and editorially independent from the Government. Decisions over how its services are delivered are a matter for the BBC. The World Service is transforming to a digital-first service. Internet usage has tripled globally over the last 10 years, and a reported 84% of Iranians were using the internet in 2020. Only 1% of the BBC’s total weekly Iranian audience of 13.8 million get BBC news solely via radio; 99% use BBC Persian on TV and online. I hope that answers the noble Baroness’s question.

Queen’s Speech

Baroness Bonham-Carter of Yarnbury Excerpts

Thursday 12th May 2022 Lords Chamber

[Baroness Bonham-Carter of Yarnbury (LD)]

My Lords, I thank the Minister for her opening speech. I shall concentrate on DCMS matters. How excellent it is to have a Minister from that department responding. I remember a time when culture did not even make it as a subject for the Queen’s Speech. You wait years and then seven DCMS Bills come along.

We support the thrust of the Online Safety Bill. It is very important, but the devil will be in the detail on the definition of harms, especially harms to our children, enforcement powers and the fine line between defending free speech while protecting citizens from online abuse and disinformation, which, as we have seen in the US, potentially undermines democracy itself. My noble friend Lord Clement-Jones will expand on this and other digital Bills.

We also welcome proposals for an independent football regulator and support Tracey Crouch’s review. My noble friends Lord Marks and Lord Wallace will cover justice and the constitution. We have just heard from the Minister of State for the Home Office. The House will not be surprised to hear that I will be leaving legislation from her department to my noble and—I cannot resist a literary reference—brilliant friend Lord Paddick.

There is, however, one very important matter where there is overlap: the ability, or lack of it, of our creative artists to tour Europe. My noble friend Lord Strasburger has been leading a campaign on the quagmire that has ensued as a result of a no-deal Brexit fuelled by Home Office intransigence. It is interesting that the noble Lord, Lord Frost, chief Brexit negotiator, admitted that a deal could have been done with Europe, but the Government were too purist about the issue. Does the Minister accept that this has been nothing short of a disaster for our creative sector? Does he not agree with the noble Lord, Lord Frost, that the Government should take another look at what he calls “mobility issues” and try to salvage the situation?

As we have heard, there is to be a media Bill. I start by thanking the Government for commitments to important reforms on prominence and listed events, but swiftly move to gloom at their attitude to public service broadcasting in general. The headline of the Queen’s Speech is levelling up, so why are the Government determined to privatise Channel 4, the consequence of which, as the noble Baroness, Lady Merron, just said, will be levelling down?

There is nothing short of vandalism going on in removing the publisher broadcaster model. Channel 4 was conceived for a reason, to grow the UK independent TV sector, and that is exactly what it has done. Any impact assessment—has there been one?—would surely show that reducing commissions from independent companies from 100% to 25% will have a detrimental effect on the sector and, more specifically, on nurturing the small, independent producers and start-ups: levelling down.

Removing the requirement that a new owner operates offices outside London, the Government

“does not deem it appropriate to be prescriptive on … physical footprint”,

yet the same Government insisted that Channel 4 relocate its headquarters to Leeds and creative hubs to Bristol and Glasgow, which has brought huge advantages to those and surrounding areas: levelling down. Reducing the required spend in nations and regions from 50% to 35% will lead to a potential loss of £85 million to those very areas that the Secretary of State purports to want to help.

On removing the requirements in relation to training and skills, Channel 4 has used both its cash and its leverage power to invest in and promote training, particularly of underrepresented groups. With no obligations and a new commitment to shareholders, does the Minister really see this continuing? It is levelling down again.

Contrary to what the White Paper claims, due to the imaginative expansion of its digital channels, Channel 4’s demographic is young and diverse. Its figures show significant spend on original content and investment in indies. Advertising revenues have increased over the last two years. I hope the Minister accepts that the figures in the government paper need looking at again.

The big question is: why? The public do not want it. When the question of privatisation was put out to public consultation, 91% of respondents were opposed. Can the Minister explain the logic behind having a public consultation and then ignoring it? Is it not an insult to dismiss those who took part as campaign bots, when 91% certainly cannot have been?

As the noble Baroness, Lady Merron, mentioned, the Government say they want to protect Channel 4 from the streamers, but the fact is that it does not need protection. It is in rude financial health and does not need privatisation to prosper, while supposedly thriving Netflix faces financial woes, with a loss of 200,000 subscribers over the last three months. As the former chief executive, David Abraham, has said, privatising Channel 4 is

“a solution in search of a problem.”

Channel 4 is just a part of a broader PSB ecology that lies at the heart of this country’s extraordinary success in exporting programmes around the world, creating jobs in the creative industries across the UK and bringing UK influence to bear across the world—soft power. At the centre of this is the BBC, yet in its centenary year, after it contributed so much during the pandemic and is now doing so again through superb coverage of the war in Ukraine, this Government have chosen to freeze the licence fee, effectively depriving the BBC of more than £3 billion over the next five years. The Government are putting their determination to weaken the BBC before the national interest.

Turning to the wider cultural sector, I have heard the Secretary of State, in person, passionately and articulately expressing her belief in the need to level up through the spreading of the arts, culture and creativity, and all the benefits they bring, more evenly across the nation. So please listen to the regions and get this right. Do not employ a blunt instrument and destroy an admirable aim.

Here is an example. I declare an interest as a trustee of the Lowry in Salford, one of the 18 most deprived areas in England. For us, the Royal National Theatre is a crucial partner. Its commitment to touring, and the Lowry’s role as its home venue in the north-west, have meant that audiences in that region have been able to experience some of the most celebrated theatre productions of the last 20 years. Is it not obvious that if funding for the NT is cut by 15%, it will inevitably entrench into its London base and reduce its touring commitments, and the regions will suffer? Encouraging locally produced work to flourish must be coupled with sharing what the rest of the nation has to offer. I think there is a misunderstanding of where deprivation exists. Large pockets are in London, whose cultural institutions have important outreach programmes.

The White Paper talks about a narrow skills base and how levelling up can address this, but the acquiring of a skill begins at school and successive Conservative Governments consistently and persistently undervalue and undermine arts education. STEM has been the mantra, but surely for education to

“help every child fulfil their potential”,

as mentioned in the Queen’s Speech, it should be STEAM. This Government say that arts subjects are not strategic priorities. The same Government’s industrial strategy prizes the creative industries as a priority sector. Can the Minister explain the disconnect?

Finally, the UK’s creative and cultural workforce still does not adequately reflect the diversity of the UK population. I hope that the Minister will pay attention to the report Creative Majority and that part of the levelling-up support, in particular the £560 million for youth services, will be available for cultural and creative activities.

To end, I say a big yes to levelling up but listen to the regions as to what they really need. When the Government say, as in the White Paper, that:

“Broadcasters and the wider media have significant potential to contribute”,


they should recognise that this will not happen if they employ a wrecking ball to our PSBs. Listen to the words of Steve McQueen, possibly our greatest creative industry, at the BAFTAs last Sunday:

“We have great ideas … Other people have … more money — the Americans — but we have great ideas, that’s what makes us who we are … we need the BBC and Channel 4 to help sustain that and our identity – because I don’t want us to be, no disrespect, Yanks”.


By the way, I am half Yank and I will accept no disrespect.

Crime and Courts Bill [HL]

Baroness Bonham-Carter of Yarnbury Excerpts

Monday 25th March 2013 Lords Chamber

[Lord Skidelsky]

My Lords, I would like to speak to Amendment 11B and a group of consequential and related amendments, and I am sorry not to have got to my feet quicker. These amendments seek to implement the Leveson report as Lord Justice Leveson provided for—no more and no less. I broadly welcome the Government’s Amendment 11 and the Minister’s explanation of it but would welcome assurance on a number of specific points.

There are three amendments on exemplary damages: Amendments 11C, which provides that the existing common law test does not apply in this case; Amendment 11D, which provides that vicarious liability should apply in this form of exemplary damages; and Amendment 13A, which provides that the court will have regard to the means of a defendant when making any award. It is very important that the law is clear that for exemplary damages to apply, the conduct does not have to be carried out with a view to a profit and with a deliberate disregard of an outrageous nature of the claimant’s rights; in other words, there are two alternative tests and not one. The Government’s amendment is unclear on that matter and I should like clarification on it.

Amendment 17E makes clear that to benefit from costs protection the publisher would have to participate in the self-regulator’s arbitration scheme. Amendment 17J provides that the current hold on the commencement of Sections 44 and 46 of the Legal Aid, Sentencing and Punishment of Offenders Act in respect of publication proceedings will remain until a way forward is found. In relation to this, there will be cross-party talks in which Liberal Democrats and Conservatives will be able to take different positions. The reason for that is that Sections 44 and 46 of LASPO abolish the recoverability of success fees for the loser and would have disastrous effects on media claimants such as the Dowlers and the McCanns. I look forward to hearing from the Minister what the Government propose to do about the effective elimination of a success fee.

Two further amendments where assurances are sought are Amendments 19C and its consequential Amendment 19D, which concern the inclusion of data protection actions within the definition of publication proceedings. Amendment 19E provides that the Information Commissioner will take into account membership of an approved regulator when considering the exercise of his powers. In both these cases, we understand that the Minister will be bringing these back as part of the post-Leveson data protection consultation. We seek the assurance that decisions on this matter will be subject to cross-party talks in which Conservatives and Liberal Democrats will be able to take different positions.

Amendment 19B would require that the recognition panel which approves the self-regulator is subject to the Freedom of Information Act. No one would expect this body to act in secret. I seek an assurance from the Minister that the relevant special interests would be promulgated in good time for the start of its work.

Amendment 131A concerns relevant publishers which hold broadcasting licences. We seek assurance that this is not intended to cover the whole publishing activity of such licence holders but only their broadcasting activity. As regards Amendment 11B, which deals with the exemption from immunity of self-regulated newspapers to exemplary damages, I understand that a further amendment is to be agreed to this clause. Therefore, I need say nothing further about it and it can be considered in another place.

Amendments 17A, 17B and 17F would enable bloggers and small publishers who decide to join a self-regulator to obtain the costs protection that they deserve on the basis of it providing a low-cost arbitration service. I understand that this is the subject of continuing cross-party discussion and will also be dealt with in another place. Other noble Lords will have something to say on the position of bloggers and the need for small publishers to be excluded from the definition of relevant publishers. That has already been alluded to. I merely commend my two Amendments 18A and 18B as a contribution to the debate.

[Baroness Bonham-Carter of Yarnbury]

My Lords, I speak in favour of Amendment 11. We need it because we need the Leveson cross-party agreement on press regulation and because we need a raucous, unfettered press, but one that does not prey on the vulnerable and the innocent. I believe that we have achieved this balance through the proposed royal charter, and we have achieved it with all-party consensus, thanks in part to the persistence of my right honourable friend the Deputy Prime Minister. As part of that, the three parties agreed proposals on exemplary damages and costs designed to provide incentives for publishers to join the independent press regulator, as set out in these amendments.

I have been disappointed, if not surprised, by the response from some sections of the press to the cross-party agreement. In our debate on Monday, my noble friend Lord Fowler referred to that great practitioner of investigative journalism, Sir Harry Evans, and to a speech he made recently in which he abhorred the negative response to the Leveson report, in particular the suggestions that it was an attack on the freedom of the press. The freedom of the press is, as he said,

“too great a cause, too universal a value to a civilised society, to be cheapened as it is in the current debates. Every year upwards of a hundred journalists, broadcasters and photographers die in the name of freedom of the press”.

My great friend, Marie Colvin, was one of them. She died because she so passionately believed in making public the stories of the forgotten. In the case of her last despatch, it was the people of Homs. She knew about state control of the press and experienced it in East Timor, in Chechnya, in Sri Lanka and, finally, in Syria where the state targeted the media centre she was working from and killed her.

The royal charter and its independent press regulator, properly underpinned—to use that very unhappy term—will mean the end of unethical work practices and achieve a proper environment for journalists to ply their important trade. It protects both the freedom of the press and the rights of the individual.

Phone Hacking

Baroness Bonham-Carter of Yarnbury Excerpts

Wednesday 18th January 2012 Lords Chamber

[Lord Henley]

My Lords, what the press publish is a matter for the press and not for us, but I note what my noble friend has to say about the activities of some people in the past. I repeat that we feel that we should wait until the inquiry being conducted by Lord Justice Leveson has been concluded.

[Baroness Bonham-Carter of Yarnbury]

Does the Minister agree with the editor of Private Eye, who said at the Leveson inquiry yesterday that we do not need new laws to govern the press, that phone hacking, paying the police for evidence and being in contempt of court contravene existing laws, and that we need proper and vigorous enforcement of them?

[Lord Henley]

My noble friend makes a very good point. All the matters she referred to are against the law, and we should always be very loath to pass new laws purely because we see a problem happening when there are existing laws that serve that purpose very well. The important matter is to make sure there is proper enforcement.

Phone Hacking

Baroness Bonham-Carter of Yarnbury Excerpts

Tuesday 6th December 2011 Lords Chamber

[Lord Henley]

My Lords, I do not, but if the noble Lord wishes to provide some information, I am sure that the Leveson inquiry would be grateful. Whether or not the noble Lord’s phone has been hacked, I cannot comment.

[Baroness Bonham-Carter of Yarnbury]

My Lords, does my noble friend not agree that the abuse has not just involved hacking? I sit on the Commons and Lords Joint Committee on Privacy and Injunctions and heard what Hugh Grant said yesterday about the behaviour of the paparazzi. Is it not wrong that, as Sienna Miller told the Leveson inquiry, 10 burly men can pursue a young woman down a dark alley spitting and hurling abuse at her with impunity because they are carrying cameras?

[Lord Henley]

My Lords, again my noble friend makes a very good point and was right to emphasise that this evidence was adduced to Lord Justice Leveson’s committee. No doubt he will consider that and, after that, the Government will—as I said earlier, and I repeat—consider any reports made by the inquiry, particularly where it seeks legislative changes by the Government.