Arts

Baroness Garden of Frognal Excerpts

Thursday 1st February 2024 Lords Chamber

[Baroness Garden of Frognal (LD)]

My Lords, it is a great pleasure to contribute to this debate on the arts from the noble Lord, Lord Bragg. As the wonderful Darren Henley said:

“England’s artists, arts organisations, museums and libraries enrich our lives, increase our knowledge and open our minds to new possibilities”.


They not only are life-affirming but contribute around £126 billion in gross value to the economy and employ some 2.4 million people, so they are value for money and good for us too.

I declare an interest in that a son-in-law, Jon Rolph, is a talented television and radio comedy producer. His son Tom Rolph has already had leading roles in local musicals, with his amazing singing voice. Their skills have brought pleasure to many and will continue to do so, because of how important both music and comedy are to our well-being. I used to sing and play the piano. After the exhortation of the noble Lord, Lord Berkeley, I will perhaps try to do better in the future.

It is enormously challenging for those talented in the arts to be recognised and employed to use those talents. It is a cut-throat business, severely damaged by Brexit and the pandemic. In many areas, artists struggle to survive, even when they are highly skilled, highly talented and very real assets to our national life.

The noble Lord, Lord Bragg, has a highly distinguished career in the arts. “In Our Time” always makes fascinating listening. Since listening this morning, I know a whole lot more about the Hanseatic League than I ever thought possible. Age is no barrier to achievement, as we see from amazing octogenarians, nonagenarians and even centenarians who are still contributing their artistic talents to our enjoyment.

As the noble Lord, Lord Bragg, said so eloquently, the BBC is a national treasure if ever there was one. We see its significant contribution to education as well as enjoyment. It has the BBC Bitesize programme, its flagship educational website, and BBC Teach with resources for teachers and students alike.

We know that the Government are pressed for money, with health, education and housing all vying for well-deserved eye-watering amounts, if our people are to be housed, cared for and educated to the standards that we all wish for in one of the wealthiest countries in the world. But the arts too need proper support if they are to continue to be world beating and economically advantageous.

As one fascinated by heritage arts and crafts, I congratulate the Minister on the part that he played in ensuring that the Government will at long last ratify the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage; I thank him for that.

We hear that, since Brexit, teaching, lecturing, exhibiting, entering competitions and, importantly, trade with the EU for our brilliant crafts men and women has virtually ceased, which obviously affects the contribution of crafts to the economy. What provision will the Government make to ensure that the skills of our arts and crafts people will be supported so that the UK continues to hold its place as a creative centre in the world? What plans do the Government have to ensure that music, drama, dance and art are taught in all schools—various noble Lords have already identified that there has been a woeful shortfall in recent years—to ensure that the next generation has every opportunity to use its artistic talents to the benefit of the economy and for the enjoyment of us all?

London Olympic and Paralympic Games 2012: Legacy

Baroness Garden of Frognal Excerpts

Monday 10th October 2022 Lords Chamber

[Lord Kamall (Con)]

A variant of that is that we want to see elite sports themselves put money into grass-roots sport. We are working in partnership with Sport England, for example, and its 10-year strategy called Uniting the Movement. That reinforces a commitment to more participation in sport. Sport England has also invested an additional £20 million in the together fund, previously known as the tackling inequalities fund, to reach underrepresented groups in many communities. It is also investing money in multi-use grass-roots facilities between 2022 and 2025. The important thing is that this should not be just about elite sports but should reach right down to local communities.

[Baroness Garden of Frognal (LD)]

My Lords, I had the great privilege of being the Olympics Minister in 2012, which surprised many people who knew me well, but it was fascinating. Part of the point was to get schools more engaged in sport. We all know that many state schools do very little sport. What are the Government doing to make sure that all schools have access to sports facilities?

[Lord Kamall (Con)]

This issue came up in the Health and Care Bill, funnily enough. I remember, when we were talking to noble Lords who raised this, that we raised the issue of the cross-government participation committee. That is now being reviewed, but what we are looking at now, given the learning, is what may need to be tweaked. There will be an updated strategy, but we want it to be cross-government, cross-department and co-ordinated to ensure that we encourage more participation, not only in schools but in out-of-school activities as well.

Covid-19: Performing Arts Freelance Workers

Baroness Garden of Frognal Excerpts

Wednesday 10th February 2021 Lords Chamber

[Baroness Barran (Con)]

I cannot accept the noble Lord’s criticism of the Government’s action, which has been speedy, generous, broad and effective. Of course we keep it under review, but it is unparalleled in its generosity.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, with all the birthday wishes, in which I join, we have run out of time, so I apologise to the noble Lords, Lord Berkeley of Knighton, Lord Foster of Bath and Lord Stevenson of Balmacara, that there was not time to take their questions.

European Union: Visa-free Touring for Musicians

Baroness Garden of Frognal Excerpts

Tuesday 19th January 2021 Lords Chamber

[Baroness Barran (Con)]

I can say only to the noble Earl that we tried hard in these negotiations to make the case based on the evidence given to us by the sectors that we represent, and the EU rejected those suggestions.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, the time allowed for this Question has now elapsed. I apologise to the noble Lord, Lord McNicol of West Kilbride, that we did not have time for his supplementary question.

Sport Sector: Financial Support

Baroness Garden of Frognal Excerpts

Wednesday 25th November 2020 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

I thank both noble Lords for their questions and their welcome to this funding. I echo the noble Lord, Lord Bassam, in thanking the civil servants in both DCMS and the Treasury for their incredible work on this package.

The noble Lord, Lord Bassam, started by asking about timings for the disbursement of these funds. This package is aimed at those clubs really facing an existential threat, particularly as a result of the recent lockdown and the inability to allow fans back and the income that comes with that. We are keen on and committed to getting the first tranche of funding out by year end. More detail will be published about that shortly. There will also be an independent board overseeing the disbursement of the funds.

The noble Lord also asked about funding for the women’s game. I must confess that I heard my honourable friend the Minister for Sport be slightly more vehement about the importance of those clubs receiving funding from the Government treating women and women’s sport exactly the same as men’s. The criteria for this fund are identical for women’s sport and men’s sport.

I fear that I will disappoint the noble Lord regarding a further update on the fan-led review. As he noted, it is a manifesto commitment and we are committed to doing it. Progress is being made but no firm date has yet been settled on.

Both noble Lords talked about the importance of returning fans to stadia. We are all enormously keen to get fans back and delighted by the recent decision that in tiers 1 and 2, in particular, there will be capacity for up to—in tier 1—4,000 fans in the open air. As the noble Lord, Lord Bassam, noted himself in a later comment, the decisions about the number of fans in a stadium are based not purely on the capacity of the stadium but also on the design, entrances, exits and travelling arrangements. We have done a number of pilots which have helped inform our thinking. We will watch and learn from the opening-up that is shortly to be with us, and then we will build on that. But we really do feel optimistic about the prospects for this as we go into the new year, and particularly beyond Easter.

The noble Lord, Lord Addington, asked specifically about rugby union and rightly pointed out the risks in the scrum—to the long list of which a new risk has now been added for those brave enough to go into the scrum. We are obviously aware that this is a close-contact sport and will have particular challenges. We aim to give more detail on how we hope to address the points that the noble Lord rightly raised around vaccination in particular. We are working and hope to be able to publish a not-later-than date. As I mentioned, the Health Secretary has been very optimistic about seeing a significant change in conditions around Easter. We all look forward to that.

The noble Lord, Lord Addington, also asked about trainers. Obviously, with the £40 million going to racecourses and the ability for racing to take place, there will be a trickle-down benefit to trainers from the prize money from those events.

I felt that the noble Lord, Lord Bassam, was not at his most generous when he talked about the progress and implied that there would be a stop-start pattern. I think that we have come a really long way. There is light at the end of the tunnel for both grass-roots and professional sport. We have a lot of hope, based on the vaccine results announced recently and on the level of testing that we are now achieving. We are very grateful to the Sports Technology and Innovation Group for its advice on how we can bring fans back as quickly as possible.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, we now come to the 30 minutes allocated for Back-Bench questions. I ask that questions and answers be brief so that I can call the maximum number of speakers.

--- Later in debate ---

[Baroness Barran (Con)]

I reassure the noble Baroness that my department does not need any nudging in relation to the importance of sport for young people. As I mentioned, we committed £220 million to grass-roots sport, much of which will benefit young people. Crucially, we have also worked closely with the youth sector throughout the pandemic, so that youth workers are able to carry on providing the critical support for just the vulnerable young people to whom the noble Baroness rightly alludes.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, all supplementary questions have been asked and answered.

Arts, Culture and Heritage: Support Package

Baroness Garden of Frognal Excerpts

Wednesday 8th July 2020 Lords Chamber

[Baroness Barran]

Not only is it good to announce a package that exceeds expectations but it is very nice to respond to one as well. The noble Lord raises a critical point as regards new entrants. Obviously, the fabric of the grants that we give out will need to reflect not only the ecosystem of our arts and heritage and culture but its future, of which new entrants are a critical part.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, the time allowed for this Urgent Question has now elapsed. I apologise to the three noble Lords who were not able to ask their questions.

Telecommunications Infrastructure (Leasehold Property) Bill

Baroness Garden of Frognal Excerpts

Report stage & Report stage (Hansard) & Report stage (Hansard): House of Lords
Monday 29th June 2020 Lords Chamber

[Lord Stevenson of Balmacara (Lab) [V]]

My Lords, Amendment 4 is in my name and that of my noble friend Lord Livermore. The amendment is an attempt to get the Government to say more about what happens to people who feel that they qualify for an upgrade to the standard set, apparently, by the USO, which is 10 megabits per second. Who pays for what, and what alternatives exist, such as the perhaps too little-known community fibre partnerships?

Shortly after Committee, I received an email from someone caught up in this issue. He told me about his experiences, which, I suspect, are not unique. He had to prove, first, that his existing service fell below the standards set by the USO. The official figures seemed to indicate that he was receiving a better service, and therefore did not qualify—apparently quite a common mistake. Who decides this? It seems that Openreach is both judge and jury in its own case. What rights do individuals have?

Having proved that he did in fact fall below the USO, alternatives were suggested to my correspondent, but they proved technically infeasible. He was, therefore, left with no option but to consider a co-payment approach that would cost him just over £18,000—not an insubstantial sum.

None of this seems very fair, so I have some questions. What alternatives do people living in isolated, and indeed not so isolated, houses have? Who decides on co-payment costs: what they are and how they should be shared? The legislation suggests “reasonable” costs: who defines “reasonable”? Is there any appeal or ombudsman process to this? What role might community fibre partnerships play in sharing costs and offering a better service? Should they not be given more prominence than they have had until now, in this area?

I do not necessarily need a detailed response to these questions. I know that the department is already in correspondence with the person who contacted me, and I am grateful for that. A letter would be sufficient at this stage. I will not be pressing this amendment to a vote, but I beg to move.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

The noble Lord, Lord Livermore, will not be speaking, so I call the noble Baroness, Lady McIntosh of Pickering.

[Baroness McIntosh of Pickering [V]]

My Lords, I am grateful to the noble Lord, Lord Stevenson, for giving us the opportunity to look at this very vexed area. Is the Minister aware of the situation and the fact that many living in isolated situations and deeply rural areas, as described by the noble Lord, feel that they are being disadvantaged in this regard? It would be helpful to know that. I entirely endorse what my noble friend said about seeking a balanced relationship between the landowner, the operator and the tenant, but can she confirm the point that I made earlier—I do not know whether she addressed it—that the landowner cannot use any delay, in any way, to prevent the service and the upgrade to a fibre network that would benefit the tenant? She would surely agree with that.

[Lord Adonis [V]]

I have nothing to add to what my noble friend has said.

[The Deputy Speaker]

Lord Naseby? Do we have Lord Naseby? Is Lord Naseby not available? In that case we will go to the Minister.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, that was quicker than I expected. I shall speak to Amendment 4. The Bill aims to support lessees to access the services that they request from the providers they want. Nothing in the Bill prevents a tenant requesting a stand-alone connection or taking part in a community-led scheme such as a community fibre partnership with their neighbours.

Community-led schemes, including community fibre partnerships, to which this amendment specifically refers, allow a group of premises to work together to upgrade their broadband connection through a joint funding arrangement with any broadband supplier that offers it. Community fibre partnerships are offered only by Openreach and are just one example of a community-led broadband scheme. Such schemes can take a variety of forms, to suit the needs of individual communities. The DDCMS itself lists six broad categories that such schemes might fall into, details of which can be found on the GOV.UK website.

It might be helpful to give some examples of successful community-led schemes. These include Broadband for the Rural North, a non-profit community benefit society run by a local team of landowners and volunteers. The scheme has so far delivered gigabit connectivity to 13,000 premises in parts of rural Lancashire and Cumbria, with further schemes planned for parts of Cheshire and Northumberland—and indeed further afield, including East Anglia.

If my noble friend Lord Naseby had managed to join this part of the debate I would have drawn his attention to Tove Valley Broadband, a community-owned and operated group in Northamptonshire—close to the constituency that he represented in another place for a long time—that has delivered fixed wireless access broadband to 650 premises. In this context I mention also Cybermoor, which provided a broadband service to some 300 premises in the South Tyne Valley, and continues to own and operate the network.

--- Later in debate ---

Amendment 4 withdrawn.

[The Deputy Speaker]

We now come to the group consisting of Amendment 5. I remind noble Lords that Members, other than the mover and the Minister, may speak only once and that short questions of elucidation are discouraged. Anyone wishing to press this amendment to a Division should make that clear in debate.

Amendment 5

Moved by

Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019

Baroness Garden of Frognal Excerpts

Wednesday 23rd January 2019 Grand Committee

[Lord Ashton of Hyde]

I may have missed the noble Lord’s point. The regulatory framework set up through EU directives and regulations has been implemented in UK law and is administered and regulated by the UK. It will change, so in certain cases we have provided that Ofcom, the regulator, will bear in mind the current status of EU directives but in future will have the liberty to move away from them, which is only to be expected because we will not be in the EU. Therefore, we have taken account of EU law as we are trying to maintain the existing regulatory framework, although I accept that in future we might move away from it. The noble Lord, Lord Foster, says that it is changing. It is, and the basis of this SI is that we are leaving the EU, so there is change.

The noble Lord, Lord Griffiths, asked about paragraph 7 of the Explanatory Memorandum: why Ofcom may exchange information with the EU Commission or BEREC. The reason is that it will be given the option to do so if it is in the best interests of this country. It would be perverse to deny it the option to do that, so we are giving it that power. Both noble Lords rightly made the point that it will not, ex officio, be a member of BEREC. We expect it to be either an observer or a member of the various groups that I mentioned, and we hope that it will be. Whether it is or is not, we think it would often be in the regulatory interests of this country to exchange information. I think it is extremely likely that it would do so and I am sure that regulatory information will flow the other way. It is the subjunctive, I feel, in answer to the noble Lord’s question.

I am grateful for the consideration of the instrument and expect a very brief further discussion—consultation, possibly—later; I have made commitments on that. We think that the amendments contained in the SI are essential to ensure legal clarity, to reduce litigation risk and to protect consumers. Beyond that, we have agreed on the necessity for the regime to exist to correct deficiencies in retained EU law. On that basis, I hope that noble Lords will be able to approve the consideration of the regulation.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The Question is that the Motion be agreed to. As many as are of that opinion will say “Content”; to the contrary “Not-content”.

[Lord Adonis]

Not-content.

[The Deputy Chairman of Committees]

I must remind the Grand Committee that a single call of Not-Content has the effect of negativing the Motion.

Motion negatived.

Data Protection Bill [HL]

Baroness Garden of Frognal Excerpts

Report: 2nd sitting (Hansard): House of Lords
Wednesday 13th December 2017 Lords Chamber

[Lord Keen of Elie]

My Lords, exactly a month ago, we had an interesting debate concerning a range of amendments tabled by my noble friend Lord Black. It was a surprisingly consensual debate, and I am rather hoping for more of the same this evening. The noble Lord, Lord Stevenson, agreed that there were serious issues raised that needed to be addressed. The noble Lord, Lord McNally, agreed that the Bill needed amending to ensure that it did not undermine the work of investigative journalists. The Government have listened, as we have on so many issues raised by noble Lords, and we have tabled appropriate amendments.

Government Amendment 50 deals with the issue raised by my noble friend that the Bill applies the exemptions only where processing is for the special purposes. We heard the persuasive example of the media being penalised if, for example, the police sought the pre-broadcast disclosure of journalistic material in relation to an undercover investigation because they wanted to see whether the alleged wrongdoing uncovered by the broadcaster’s investigation merited further police investigation. We agree that it is unfair and our amendment puts this right.

Government Amendment 57 concerns the list of journalistic codes of practice that appears in paragraph 24 of Schedule 2, which is also the focus of a number of amendments tabled by noble Lords, from whom I am sure we will hear in due course. In Committee, the noble Lords, Lord Clement-Jones, Lord Stevenson and Lord Skidelsky, and the noble Baroness, Lady Hollins, all highlighted that the editors’ code is incorrectly described in the Bill as the IPSO editors’ code. Having looked at this further, we concede the point and the Government’s amendment removes the reference to IPSO. The legal effect of this is nil but we should use the correct label. We are grateful to noble Lords for bringing this fault to our attention.

Government Amendment 61 is a further concession to deal with further concerns raised by noble Lords. Article 36 of the GDPR would have required investigative journalists to consult with the ICO before instigating covert filming, such as when investigating allegations of abuse against vulnerable residents at a care home. Article 44 of the GDPR might disproportionately impact on collaborative investigative journalism, including the sharing of data across borders where appropriate, such as with, for example, the Panama papers. The government amendment allows journalists to be exempted from these restrictions where the public interest test is otherwise met.

Government Amendments 150, 156 and 161, as well as a number of consequential amendments, create journalistic defences to the offences in Clauses 161 and 162 in respect of unlawfully obtaining personal data or unlawfully reidentifying de-identified data. We accept the arguments of my noble friend Lord Black that what processing is permitted for the special purposes under Schedule 2 should not be criminalised later in the Bill. These amendments remove any doubt on this matter. We wish to ensure that we do not criminalise journalistic or whistleblowing activities that are believed to be in the public interest.

Government Amendment 162 removes paragraph (c) from Clause 164(3). This measure allowed the Information Commissioner to determine prepublication whether processing could be done without reliance on the special purpose provisions. Many noble Lords felt this was a power to allow the commissioner to overreach and interfere in journalistic decisions. I am grateful for the advice of the noble Viscount, Lord Colville of Culross, together with that of my noble friend Lady Stowell of Beeston, who took the time to come and see me about this provision and further explain its dangers. The noble Lord, Lord McNally, set out similarly powerful arguments in Committee. Following further discussions with stakeholders and the commissioner, the Government have concluded that giving the commissioner power to take such enforcement action in relation to data being processed for the special purposes before the journalist or author publishes their work goes beyond what we consider is the appropriate role of the commissioner as the regulator and enforcer of the data protection legislation. With Amendment 162, the circumstances in which enforcement action would be available to the commissioner in relation to the special purposes would be limited to that of the existing position under the 1998 Act.

I will respond in full on the other amendments in this group once noble Lords have explained their intent. I beg to move.

[The Deputy Speaker (Baroness Garden of Frognal) (LD)]

My Lords, I have to inform the House that if Amendments 50 or 50A are agreed to, I cannot call Amendments 51 or 52 by reason of pre-emption.

[Baroness Hollins (CB)]

My Lords, the government amendment is excellent and I support it. However, it does not go far enough. I have therefore introduced a manuscript amendment.

My Amendment 50A would simply add two further provisions—my Amendments 51 and 52—into government Amendment 50, and would do no more than what Lord Justice Leveson recommended: to rebalance data protection law and prevent speculative trawling for stories. Operation Motorman was a police investigation in 2003, which I have mentioned before in debate, and it found that private data was being stolen on behalf of newspapers. That information, taken from private, medical, police, local authority, bank and many other confidential records, was used for stories or to hack phones. Those findings were considered by Leveson, who also reviewed the submissions of media organisations, and he was able to cut through some of the rhetoric—the kind of rhetoric that we have seen splashed across several newspapers today. He found that data protection law was fundamentally imbalanced in favour of publications at the expense of the public. That is not right. Just as the Human Rights Act strikes a balance between Article 10 speech rights and Article 8 privacy rights, so the GDPR obliges us to strike the same balance on data protection. This is not just following our own precedent; it is the right thing to do and is a legal requirement.

This amendment would implement some of Leveson’s recommendations. First, it would change the test for the exemption to apply to ensuring that the data processing in breach of the individual’s rights was necessary for future or continuing publication rather than undertaken just with a view to publication, as in the DPA and currently in the Bill. This is Leveson recommendation 48A and would protect the public from fishing operations when journalists process data without any specific intention to publish. Let me be clear: the data itself would not have to be published but the processing would need to have been done with an intention to publish—that is all. Secondly, this amendment would ensure that the exemption should be available only where the likely interference with privacy resulting from the processing of the data is outweighed by the public interest in publication. This properly strikes the balance between privacy and freedom of expression—this is Leveson recommendation 48C—and this balance is specified in the GDPR.

These amendments are the product of representations from all sides at the Leveson inquiry which sought a compromise—a way to protect the free-expression rights of publishers and to ensure that the public are protected. I thank the noble Lords, Lord McNally and Lord Stevenson, who have supported this amendment, and I also acknowledge assistance from a number of sources including the victim-representative organisation Hacked Off. I hope the House will support these reforms to bring balance to data protection law.