Media Bill

Baroness Bull Excerpts

Report stage & 3rd reading
Thursday 23rd May 2024 Lords Chamber

Moved by

[Baroness Bull]

1: Clause 1, page 2, line 29, after “(taken together)” insert “comprises a public service for the dissemination of information and for the provision of education and entertainment, which”
Member’s explanatory statement
This amendment reinstates the fundamental Reithian ethos of public service broadcasting (including the important contribution of public service broadcasting to life long learning), the vital role of public service broadcasting in increasing understanding in issues of civic importance, and the relationship between public service broadcasting and a thriving cultural and creative economy.

[Baroness Bull (CB)]

My Lords, I will also speak to Amendments 2 and 4 in my name. I am grateful to my co-signatories, to other noble Lords around the House and to the Citizens’ Forum for Public Service Media for supporting these amendments, particularly given the pace at which all this has come together. I am also very grateful to the Minister and the Bill team, who found time on very busy days for a helpful meeting earlier this week on these amendments. At the time, we thought we were talking about a discussion we would have in June; it turns out that we are talking about it today, but I am very grateful to him and his team for finding time for that.

These amendments are all about the underpinning ethos, values and distinctive purpose of our PSBs. In tabling them today, I have tried to respect the Government’s intention to streamline and update the overlapping requirements in the 2003 Act, to which the Minister has referred previously. I have tried to do that while addressing the very strong feelings of this House and the sector that, in the process of modernisation, too much of value has been lost.

Amendment 1 would reinstate the principle that public service broadcasting content, taken together, should inform, educate and entertain. This three-legged stool is the foundational principle on which public service broadcasting was built and on which its global and economic success stands. Removing the Reithian principle from the Bill effectively limits the definition of the public service remit to a narrow focus on market failure. It fails to uphold the fundamental principle that PSBs exist to serve society in its broadest sense, with content that is culturally, democratically and socially valuable. Its removal also means that there is no longer any mention of the word “education” in Clause 1, and that the vital role of public service broadcasting in providing content of educative value for citizens across the life-course is no longer protected. Amendment 1 would restore the underpinning philosophy that broadcasting should do more than just reflect. It should help us to imagine other ways of being; to learn about things of which we never expected to know nor care about; and to expand our interests beyond our own lives and concerns and into the lives and concerns of others. It is a principle that has never lost its currency and, in an age when misinformation and disinformation threaten our democratic processes and civic cohesion, it is a principle we cannot afford to lose.

Amendment 2 goes a little further and would clarify what Parliament believes to be content of civic, social and cultural importance, thus protecting the type of content that can so easily be under threat in the face of economic challenge and ruthless competition. Without this clear guidance on what Parliament expects to see in return for public service broadcasting status, and indeed what viewers want, I struggle to see how Ofcom can fulfil its role in holding broadcasters to account. My noble friend Lord Colville championed this point in Committee, and I am grateful to him for working with me on this streamlined amendment. Amendment 2 would also retain the requirement that public service broadcasting should stimulate and support a thriving cultural and creative sector—the very sector on which it depends for its own survival. This modest addition to the Bill enshrines the symbiotic relationship between public service broadcasting and the health and success of the creative industries—a sector that this Government have identified as key to growth and that is currently, unfortunately, at serious risk. I know that the Minister and the Secretary of State are genuinely committed to the future success of this sector. I hope that he can accept this amendment today so that the protections afforded by the 2003 Act remain in place at the time that they are most needed.

Amendment 4, my final amendment, is even more modest. It would add no more than six words requiring public service broadcasters to make available content for children and young people that is educational in nature. I have no problem with the stated ambition of the Bill that content reflect young people’s lives and concerns and help them better understand the world around them, but this is not the same as content that is educational. As I argued in Committee, education is one of the aspects of public service broadcasting that parents value most. Amendment 4 would not require all broadcasters to move into the same space as BBC Bitesize, for example—the specific detail of PSBs’ educational content would still be determined at the level of operating licences—but it would enshrine in legislation the importance of educational content for children and young people in opening up and equalising life chances, which is an aspect of PS broadcasting that licence fee payers deeply care about.

The overall aim of these amendments is to address the concerns so clearly expressed in Committee and by audiences and citizens’ groups that a better balance needs to be found between the intention to streamline and the retention of what makes our public service broadcasting so distinctive. My amendments would reinstate and protect the foundational ethos and core principles and purposes that have long defined our public service broadcasters and underpin their domestic success and the global leadership position they currently enjoy. I very much hope that the Minister might be persuaded by our arguments and be able to accept these amendments at the Dispatch Box. I beg to move.

[Baroness Fraser of Craigmaddie (Con)]

My Lords, I support Amendments 1, 2 and 4 from the noble Baroness, Lady Bull, and will speak to Amendments 3, 5 and 6 in my name.

I thank the noble Lord, Lord McNally, and the noble Viscount, Lord Colville of Culross, for their support for my Amendment 6 and the Minister for our rushed discussions as we try to pull all this together. My amendment extends the same nations and regions quotas that apply to the BBC to Channel 4—the only other publicly owned public service broadcaster. It includes a two-year timeframe from the passage of the Bill for these quotas to apply.

In Committee the debate on the nations and regions production quotas attracted the largest number of speakers and support from around your Lordships’ House, for which I was very grateful. This amendment is supported by devolved Governments and industry bodies across Scotland, Wales and Northern Ireland. In Committee the Minister reassured us that he and his colleagues in DCMS had heard the strength of feeling on this issue from the sector, particularly in relation to Channel 4’s “out of England” quota, which is currently set at 9% of eligible programmes and expenditure. He noted that Channel 4 has said that it would support a managed increase in its programme-making commitments in the other home nations. He also offered a further meeting with Ofcom to discuss this in detail.

I am sorry that this will clearly be one of the casualties of wash-up, but I had hoped that this revised amendment, restricted to Channel 4 and giving it two years to enable a managed increase, might have found favour with all parties. If the Government are not minded to accept my amendment, I trust that Ofcom will take note of the strong feelings expressed that the current Channel 4 quota of 9% just will not wash.

I turn to Amendments 3 and 5, which were previously tabled in Committee by my noble friend Lord Dunlop, who cannot be here today and sends his apologies. The issue is that the responsibility for Gaelic broadcasting is split. The Gaelic Media Service, MG Alba, is established under UK legislation while Ofcom is the arbiter of whether there is sufficient Gaelic language broadcasting. The funding of the Gaelic Media Service was devolved in 1998 to Scottish Ministers, who have, for the past 10 years, frozen funding to MG Alba. The SNP is posing as great supporters of Gaelic and Gaelic broadcasting. However, as ever, the support is all for show. They are all talk and no action.

I have tabled modest amendments to the Bill that would make MG Alba a PSB for the limited purpose of guiding Ofcom in the discharge of its responsibility to assess whether there is, taken together in the round, sufficient broadcasting of minority languages. It would have to look specifically at the sufficiency of Gaelic broadcasting. If it was found that there was insufficient Gaelic broadcasting, the responsibility for responding to this would fall on the BBC—it is happy to accept that as it supports these amendments—MG Alba and, by extension, its funder, the Scottish Government.

These amendments are narrowly focused to be discrete and not upset the overall balance of the Bill. For example, they do not add any new responsibilities regarding prominence requirements. They would, as we head into an election campaign, be a powerful demonstration of a unionist government’s care for all parts of the UK, including its most peripheral in the Highlands and Islands.

Turning to the amendments tabled by the noble Baroness, Lady Bull, which I am pleased to support, the Minister accepted in Committee that we need to strike the right balance with a remit that gets to the heart of what it is to be a public service broadcaster. We must not dilute that. He also stated in Committee that he did not object to any of the specific genres mentioned in the revised Amendment 2, tabled by the noble Baroness. I hope he can accept that not having this in the Bill really would be a glaring omission.

I am grateful to the Minister for his engagement. I am sorry that we have not had the time to explore some of these issues further with him and his team at DCMS, but I support him in his efforts to see that this Bill passes. I thank him and all noble Lords from across the House who have been so supportive of my efforts to ensure that the nations and regions have the best possible Bill.

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[Baroness Bull (CB)]

My Lords, I thank all noble Lords for their support, and the sector organisations that have campaigned and briefed us all. I am disappointed that the Minister is unable to accept Amendment 2, particularly given that it aims to support the sector for which his department is responsible. It is sad to hear him say that, if we were not rushing this through, we would surely have been able to arrive at a consensus, as I really believe that he understands our concerns and would have invested his considerable skills and energies into finding a shared solution.

However, I am delighted that the Government will accept Amendments 1 and 4. This will restore the Reithian principle to its rightful place, and it will enshrine education, for children as well as adults, as integral to public service broadcasting. I thank the Minister for his time on these amendments and for the work I can imagine he has had to put in to get them accepted at the 11th hour. I am very grateful.

Given that this may be my last chance to address the Minister on the record in this role, I take this opportunity to thank him for all he has done in it. I, like others, have found him approachable, fair and effective. He has the best role in government, in some ways, because he works with a sector that is creative, vibrant and endlessly varied. However, it may also be the worst role, because the sector is not shy in saying what it thinks and is creative in getting its message across. But, across the sector, he is widely respected for the hard work he puts in, for his active engagement and for his knowledgeability across such a broad sector.

Again, I am grateful for the concessions that the Minister has been able to make, and I am sorry that the specific circumstances have not allowed us to find alignment on that important Amendment 2. I note what he said about options to investigate performance on specific genres in due course, so my noble friend Lord Colville and I put on notice whoever is in this seat in months to come—we will keep an eye on this. For now, it is a great pleasure to commend Amendment 1 to the House.

Amendment 1 agreed.

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Moved by

[Baroness Bull]

4: Clause 1, page 2, line 44, insert—
“(ia) is of an educational nature, and”Member’s explanatory statement
This amendment clarifies the importance of educational programming for children and young people as distinct from programming that reflects their lives and concerns.