Enterprise Act 2002 (Mergers Involving Newspaper Enterprises and Foreign Powers) Regulations 2025

Debate between Baroness Boycott and Baroness Stowell of Beeston

Tuesday 22nd July 2025 Lords Chamber

[Baroness Stowell of Beeston (Con)]

As my noble friend knows and as I have already described, we are now in a different situation from that which we were facing in March of last year, when there was a real prospect that a foreign Government could be the owner of a British newspaper. That matter has been dealt with. What we are dealing with now is state investment funds and, as I am going to come on to talk about, the question is whether the safeguards in place are sufficient.

I am grateful to Lisa Nandy for meeting me on several occasions over the past few months and I am pleased that, because of pressure from me and other noble Lords, the intolerable prospect of multiple foreign powers each owning 15% of a newspaper will be ruled out in the supplementary regulations that the department published in draft last week. Let us be absolutely clear: the 15% must be an aggregate cap. But how on earth that loophole went unnoticed is hard to understand and, once it was pointed out to them, it is baffling, as well as hugely regrettable, that the Government took two months to find a way to close it and chose to do so via additional regulations, instead of immediately withdrawing the regulations before us today and relaying a comprehensive set, so that we could tie all this up in one go before the Summer Recess. I would be grateful if the Minister could tell us why they could not do that. I know she has told us that they plan to lay the supplementary regs by the end of October, but I would like to know why it was not possible to do what I advised them to do back in May.

This foot-dragging and apparent incompetence have given rise to legitimate questions about who or what has really influenced the Government’s approach to this incredibly important matter. If the Government were acting only in the interests of the press industry, we would have sorted all this and resolved the Telegraph’s ownership long before now.

Although I can accept a 15% aggregate cap for state-owned investment, it will require rigorous government oversight of the boundaries that passive investors must not extend, and Parliament will need to be better equipped and more active in holding Ministers to account. In my view, it was frankly unacceptable for the Government to stay silent for 11 months on the matter of the secondary regulations and on what they were doing to safeguard the Telegraph’s future ownership during that time.

Noble Lords may have seen, and indeed have heard already from the Minister, that the supplementary regulations that are to follow these include a new notification requirement, meaning that any state-owned investor that acquires more than 5% must notify the Secretary of State within 14 days of that acquisition to be eligible for the exemption status. In my view, as a follow-on to that, the Secretary of State should be required to notify Parliament twice yearly about any or nil such notifications, together with information about action taken by her as a result. In future, we are going to need more information. Can the Minister ensure that this additional requirement of accountability to Parliament be added to the supplementary regulations the Government are now consulting on?

Although parliamentarians must respond to any failings by Ministers, when it comes to upholding press freedom, the most important line of defence is the newspaper proprietors. They are who and what must provide a strong shield between newsrooms and illegitimate pressure or demands from investors and advertisers. They know that not doing so undermines public trust in journalism, and that would damage the value of their investment.

It is not for Parliament to dictate how proprietors should discharge their responsibility, but in a media world that includes the presence of state-owned investors, clarity and some transparency about what proprietors are doing to protect their newspapers’ independence and editorial freedom becomes important. This is particularly so where proprietors are new to the newspaper industry or are private equity funds. Can the Minister tell us, therefore, what such demands the Government will make of the new Telegraph owners if and when that transaction is completed? Can she confirm that the Telegraph deal, once finalised, will be subject to detailed scrutiny by the CMA before it is completed?

If the noble Lord, Lord Fox, pushes his amendment to a Division, I will vote against it. Of course, as a former Leader of your Lordships’ House, I have a general aversion to this Chamber seeking to block legislation. Indeed, it was me, as Leader, who was the last Minister at that Dispatch Box defeated by this House on a piece of secondary legislation. But I am not against this amendment for any kind of constitutional-like reasons of convention or tradition, important though they are. Believe me, if I thought that supporting this amendment was the right thing to do, I would. But I do not.

While I respect those who are framing this debate as a battle over the future of press freedom, actually, if it is a battle about anything, it is over the future of a financially viable press. We do not just need our newspapers to be editorially independent; we need them to survive.

When it comes to the Telegraph, of course I would have loved someone serious to have come along with a consortium that could offer investment and honour a cap of 5%. Indeed, I would have loved it if this sorry saga, which has been so destabilising to the editorial team at that newspaper and has gone on for more than two years, could have been avoided altogether. But, as I have already argued, this is not just about the Telegraph; it affects all newspaper titles.

The regulations before us set the cap at 15%. As long as the Government follow through with the supplementary regulations to close that loophole and are prepared to give the necessary undertakings to ensure that that cap will be enforced, I am willing to accept them. Everyone else gets to fight another day; let us make sure the same applies to the Telegraph Group and the wider UK press industry.

Of course, if the noble Lord, Lord Fox, withdraws his amendment and supports mine instead, noble Lords can express their regret and record their dissatisfaction with how the Government have handled this matter by supporting my amendment.

[Baroness Boycott (CB)]

My Lords, I rise to support the Government on this measure. I think that 15% passive ownership is perfectly okay. I very much support a lot of what the noble Baroness, Lady Stowell, said about the roles of proprietors. I have edited three national newspapers, so I know a lot about proprietors. Indeed, my last proprietor sold our newspaper to a man who had made his money out of Big Ones and Asian Babes. If that is considered a good way to pass things on, I would really question this.

A passive investment is perfectly okay and, as the noble Baroness, Lady Stowell, said, the power and influence of a newspaper is absolutely about the proprietor. The proprietor will appoint an editor who is more or less in line with them. If this investment is passive, the Government have done something valuable because we have a lot of problems in our press and with various things. For instance, the Independent is highly linked financially to Saudi Arabia. I declare an interest as Geordie Greig, the editor, is a friend of mine. We have discussed this endlessly. He says that you cannot find any influence of Saudi Arabia within his newspaper, and I agree. The fact that it does a Saudi Arabian issue is its business. I am not saying I like it, but it is making a newspaper, which many of us read, available free at the point of delivery, and all sorts of good things that are otherwise going to disappear.

Rupert Murdoch is a very complicated proprietor. A lot of the stuff to do with phone hacking is still not resolved. It is very rich of the noble Lord, Lord Fox, to say that everything is going to fall apart if we get some investment in the Telegraph. Proprietors have politics and they want things to be done their way. The Government have a right, indeed, a duty, not only to make sure that this passive investment is kept that way, but to look at the whole question of proprietors. Obviously, they are going to want influence, so it is very important that the Government carry on if this is going to be about general press and, indeed, media regulation, which looks also at online regulation. Heaven knows where the money for all of that is coming from.

We need to have very firm standards here. In the meantime, I thoroughly support what the Government are proposing today, and a fatal amendment against it would be a real mistake.

Health and Care Bill

Debate between Baroness Boycott and Baroness Stowell of Beeston

Lords Hansard - Part 2 & Report stage
Monday 7th March 2022 Lords Chamber

[Baroness Boycott (CB)]

My Lords, I support noble Lord, Lord Bethell, in his amendments demanding a timescale for the ban on such adverts. Advertising is the only business in the world that spends an enormous amount of money and then suggests that it does not work. It is a curious state of affairs that the advertising industry, as well as the food industry, which spends upwards of £0.5 billion a year on advertising HFSS food, says that advertising does not work, but the fact is that it does.

Research has shown that half of all food ads shown in September on ITV, Channel 4, Channel 5 and Sky One were for HFSS products. That number rose to nearly 60% between 6 pm and 9 pm. Ofcom research also suggests that children’s viewing peaks in the hours after school, with the largest number of child viewers concentrated around family viewing time, between 6 pm and 9 pm. People in food policy have worked, as I have worked, for a very long time for this ban. We thoroughly applaud the Government for doing it. I also applaud my noble friend Lord Krebs for taking apart that protein bar, because it illustrates the way in which the food industry works. I have heard all too often, especially when I first came into this House—albeit not so much now—people saying, “All you need to do is exercise to get rid of the excess weight.” We know that that is a line put out by the industry. The industry is very clever. Yes, they have managed to sell the noble Lord, Lord Moylan, their protein bar, but they have not sold it properly. I hope that, with this ban, the Government will look at all the other sneaky ways in which food companies put things through, whether it is high-energy drinks or whatever, that are incredibly destructive to our health. As my noble friend Lord Krebs, said, we have an unenviable first position in the scale of obesity around the world, and we need to end it now.

[Baroness Stowell of Beeston (Con)]

My Lords, I should declare that I am chairman of the Communications and Digital Select Committee. I support Amendment 151A and the others in the name of my noble friend Lord Black of Brentwood. I do so because this is a matter of fairness.

Following on from what the noble Baroness, Lady Boycott, has just said, the broadcasters have accepted that a pre-watershed ban on junk food advertising is coming. They and I also understand that the online platforms face a complete ban. However, once again, the legacy or heritage media businesses are the only ones which will face serious financial penalties if they make a mistake and, for whatever reason, allow a non-compliant piece of advertising to slip through and appear on air. I am sure that my noble friend the Minister will emphasise that the difference between the online platforms and broadcasters is only therefore about regulatory burdens and sanctions, but that is the point, and it is why this is unfair.

Why should the media businesses which will be significantly disadvantaged commercially by the ad ban be the only ones fined if something goes wrong? Why should the media businesses which continue to lose ad revenue to online platforms stand by and watch as those same platforms—Google, Facebook, YouTube—are not yet subject to any statutory regulatory regime to prevent their unfair market dominance? How can it be right that they shrug their shoulders when it comes to liability for the ads they profit from? They profit from them to a much larger degree than the broadcasters profit from the ads they run.

When I spoke in Committee, the Minister said in reply that all this would be dealt with via the online advertising programme and that a consultation would start shortly. Any progress on that will be welcome, but there is a limit to how much consultation the media industry can take. What it needs is action, which means legislation to deal with these various digital market and competition issues that currently favour big online platforms and are detrimental to everyone else, including consumers. To fail to do that while prioritising legislation that hits the traditional broadcasters more harshly than online platforms is unfair.

As I have said, those of us who support the amendments in the name of my noble friend Lord Black do not want to delay the ban on junk food advertising, but in introducing it, we should make sure that liability for mistakes and failures to comply with regulations is fair. The Bill as it stands is not. I am very grateful to the Minister for the time she has given to hearing these arguments, but urge her to reconsider the merits of these amendments, especially bearing in mind that we are still a long way from new legislation that will finally level the playing field across the media sector. If my noble friend divides the House, I will vote with him.

Social Security (Up-rating of Benefits) Bill

Debate between Baroness Boycott and Baroness Stowell of Beeston

Committee stage
Tuesday 26th October 2021 Lords Chamber

[Baroness Stowell of Beeston (Con)]

My Lords, it is always a privilege to speak in your Lordships’ House, even at 11 o’clock at night. I am a great admirer of my noble friend Lady Stroud, and I am even a great admirer of my noble friend Lord Freud. I should say for the Hansard writers that I am saying that with a smile—he knows that I have a great fondness for him. They are both hugely knowledgeable and great experts in policy in this area, and I know that they have given a huge amount of practical support to people in need in lots of different contexts. They are recognised for that, and rightly so. It therefore gives me no pleasure to disagree with them today, but I do, on both the substance and the practical application of their amendment.

I start, briefly, with the substance. As my noble friend Lord Freud just said, we do not know what the Chancellor will be announcing tomorrow. I know that we have seen quite a bit trailed over the past few days in the media, but we do not know the sum total of what he will announce to alleviate pressure on families faced with rising energy costs and increases in the cost of living. If he is able to do anything with regard to universal credit, I would much rather he changed the taper rate, so that working more hours is clearly advantageous when the temporary £20 uplift comes to an end. I do not support the temporary uplift becoming permanent for various reasons.

But that is irrelevant, because it is not relevant to this Bill. With the best will in the world, it is not a question for us to answer, at least not in this context. That brings me to the practice which my noble friends are applying in order to force this issue into play. My noble friend the Leader has already set out the constitutional and conventional reasons why this approach is outside our standard procedures, and I will not repeat them, but I very much endorse all that she said, and I certainly accept the advice of the clerks. I should add that I am not one of her predecessors who ever had to face the situation she is facing today, but I have been in the Chamber in the past when a similar situation occurred, and I have had my own encounters with this House on matters to do with social security and so on, so this is not an unfamiliar situation.

Having said all that, I want to add a couple of points which I urge my noble friends Lady Stroud and Lord Freud to consider between now and Report Even though I know that they are both hugely principled, and are pursuing their cause with great sincerity, not everyone looking at what is being attempted will see it in that way. I think my noble friends are suggesting that we break our rules because Mr Speaker did not break his own when this Bill was in the other place and he was considering amendments proposed by Members of the Commons.

I am not familiar with all the detail of the goings-on in the other place, but I am aware that this Mr Speaker made a commitment when he was elected that he would be impartial and uphold the rules and conventions of the Commons. This was welcomed by that House and the Government, because it came after a very turbulent period of rules and conventions being ignored by his predecessor as Mr Speaker and by many Members of that House.

Since then, not only does the other place have a new Speaker but there has been a general election, the result of which is many new and re-elected MPs who now have the greater confidence of their electorate. The Prime Minister and the Government overlook this fact and act too often as though they are still facing the same disruptive and obstructive House of Commons pre-2019. I urge him and his ministerial team to reconsider their approach when they are engaging with the House of Commons in particular.

Even though there has been all that change down the other end of the corridor since December 2019, the House of Lords is still the same. We have not faced the electorate; we have not changed. Irrespective of what the Government think about this House, or what some noble Lords think about the Government, we have a responsibility to maintain public confidence in Parliament. Some people outside Parliament might agree with my noble friends on what they are proposing in terms of the substance on universal credit; some of them might agree with me, but what would probably unite all of them is the view that the House of Lords has no place in dictating to the House of Commons—that they elected—what its MPs should do and when.

So let us see what the Chancellor has to say tomorrow, but whatever action he takes, I really hope that my noble friends, whom I am fond of as well as have huge respect for, will not return on Report with a similar amendment to this. Because however well-intentioned and noble their cause, we have no legitimacy engaging in this matter at this time and in this way.

[Baroness Boycott (CB)]

I will be very brief, given the hour. As I said, I am chair of Feeding Britain, and I would like to briefly report from the front line, so to speak, on the effect of the stopping of the £20. I totally agree with the noble Lord, Lord Freud, and the noble Baroness, Lady Stroud, that this needs to be put before the other House so that there can be a vote on it.

Our experience at Feeding Britain has suggested that the £20 increase in universal credit was responsible for a drop in the number of people needing to use food banks this year—it was 17% lower than before the pandemic. Of course, we also had the school meals campaign by Marcus Rashford and various other people but, since then, in the three weeks since the increase was removed, our social supermarkets, which are affordable food projects, have started to show signs of distress.

Some of those who used to shop monthly for low-cost food, and for whom membership represented a nice insurance policy, are now there every week, if not more. Some who used to use a debit card are now using credit cards. Some of those who used to rely only on our option of low-cost food now also want help with gas and electricity. Some cannot even afford their membership fees, which are as little as £3. They are instead going without the food or having to use food banks. People are really clinging by their fingertips to avoid that nightmare scenario.

I very much agree with the noble Lord, Lord Freud, that we need skills and ways to help people try to avoid the traps that they are in, which is what our social supermarkets do. Being poor is not only an expensive thing to do in this country; it is also very hard work as you spend your life drifting from one office to another trying to find someone who can help you sort out your problems with rent, food, schools et cetera. I am very glad that this House is bringing this amendment forward, because if we do not do it, who will?