Online Safety Bill

Lord Bassam of Brighton Excerpts

Committee stage
Thursday 25th May 2023 Lords Chamber

Moved by

[Lord Bassam of Brighton]

185A: After Clause 73, insert the following new Clause—
“Duties on providers of online marketplace services
(1) This section sets out duties that apply in relation to providers of online marketplace services.(2) A duty to put in place proportionate systems and processes to prevent child users from encountering listings of knives for sale on the platform, including (where appropriate) excluding relevant listings from advertising or other algorithms.(3) A duty to put in place proportionate systems and processes to identify and remove listings of knives or similar products which are marketed in a manner which would reasonably appear to a user to—(a) promote violence or threatening behaviour,(b) encourage self-harm, or(c) look menacing. (4) A duty to put in place proportionate systems and processes to ensure, beyond reasonable doubt, that any purchaser of a knife meets or exceeds the minimum legal age for purchasing such items.(5) For the purposes of this section, the online marketplace may have regard to different age restrictions in different parts of the United Kingdom.(6) For the purposes of subsection (3)(c), a knife may look menacing if it is, or appears to be similar to, a “zombie knife”, “cyclone knife” or machete.(7) In this section, “online marketplace service” means a service using software, including a website, part of a website or an application, operated by or on behalf of a trader, which allows consumers to conclude distance contracts with other traders or consumers.”Member’s explanatory statement
This new Clause would introduce duties on online marketplaces to limit child access to listings of knives, and to take proactive steps to identify and remove any listings of knives or similar products which refer to violence or self-harm. While online sales of knives are not illegal, under-18s (under-16s in Scotland) should not be able to purchase them.

[Lord Bassam of Brighton (Lab)]

My Lords, I have Amendments 185A and 268AA in this group. They are on different subjects, but I will deal with them in the same contribution.

Amendment 185A is a new clause that would introduce duties on online marketplaces to limit child access to listings of knives and take proactive steps to identify and remove any listings of knives or products such as ornamental zombie knives that are suggestive of acts of violence or self-harm. I am sure the Minister will be familiar with the Ronan Kanda case that has given rise to our bringing this amendment forward. The case is particularly horrible; as I understand it, sentencing is still outstanding. Two young boys bought ninja blades and machetes online and ultimately killed another younger boy with them. It has been widely featured in news outlets and is particularly distressing. We have had some debate on this in another place.

As I understand it, the Government have announced a consultation on this, among other things, looking at banning the sale of machetes and knives that appear to have no practical use other than being designed to look menacing or suitable for combat. We support the consultation and the steps set out in it, but the amendment provides a chance to probe the extent to which this Bill will apply to the dark web, where a lot of these products are available for purchase. The explanatory statement contains a reference to this, so I hope the Minister is briefed on the point. It would be very helpful to know exactly what the Government’s intention is on this, because we clearly need to look at the sites and try to regulate them much better than they are currently regulated online. I am especially concerned about the dark web.

The second amendment relates to racist abuse; I have brought the subject before the House before, but this is rather different. It is a bit of a carbon copy of Amendment 271, which noble Lords have already debated. It is there for probing purposes, designed to tease out exactly how the Government see public figures, particularly sports stars such as Marcus Rashford and Bukayo Saka, and how they think they are supposed to deal with the torrents of racist abuse that they receive. I know that there have been convictions for racist content online, but most of the abuse goes unpunished. It is not 100% clear that much of it will be identified and removed under the priority offence provisions. For instance, does posting banana emojis in response to a black footballer’s Instagram post constitute an offence, or is it just a horrible thing that people do? We need to understand better how the law will act in this field.

There has been a lot of debate about this issue, it is a very sensitive matter and we need to get to the bottom of it. A year and a half ago, the Government responded to my amendment bringing online racist abuse into the scope of what is dealt with as an offence, which we very much welcomed, but we need to understand better how these provisions will work. I look forward to the Minister setting that out in his response. I beg to move.

[Lord Allan of Hallam (LD)]

My Lords, I rise to speak primarily to the amendments in the name of my noble friend Lord Clement-Jones, but I will also touch on Amendment 268AA at the same time. The amendments that I am particularly interested in are Amendments 200 and 201 on regulatory co-operation. I strongly support the need for this, and I will illustrate that with some concrete examples of why this is essential to bring to life the kinds of challenges that need to be dealt with.

The first example relates to trying to deal with the sexual grooming of children online, where platforms are able to develop techniques to do that. They can do that by analysing the behaviour of users and trying to detect whether older users are consistently trying to approach younger users, and the kind of content of the messages they may be sending to them where that is visible. These are clearly highly intrusive techniques. If a platform is subject to the general data protection regulation, or the UK version of that, it needs to be very mindful of privacy rights. We clearly have, there, two potentially interested bodies in the UK environment. We have the child protection agencies, and we will have, in future, Ofcom seeking to ensure that the platform has met its duty of care, and we will have the Information Commission’s Office.

A platform, in a sense, can be neutral as to what it is instructed to do by the regulator. Certainly, my experience was that the platforms wanted to do those kinds of activities, but they are neutral in the sense that they will do what they are told is legal. There, you need clarity from the regulators together to say, “Yes, we have looked at this and you are not going to do something on the instruction of the child safety agency and then get criticised, and potentially fined, by the Data Protection Agency for doing the thing you have been instructed to do”—so we need those agencies to work together.

The second example is in the area of co-operation around antiterrorism, another key issue. The platforms have created something called the Global Internet Forum to Counter Terrorism. Within that forum, they share tools and techniques—things such as databases of information about terrorist content and systems that you can use to detect them—and you are encouraged within that platform to share those tools and techniques with smaller platforms and competitors. Clearly, again, there is a very significant set of questions, and if you are in a discussion around that, the lawyers will say, “Have the competition lawyers cleared this?” Again, therefore, something that is in the public interest—that all the platforms should be using similar kinds of technology to detect terrorist content—is something where you need a view not just from the counterterrorism people but also, in our case, from the Competition and Markets Authority. So, again, you need those regulators to work together.

The final example is one which I know is dear to the heart of the noble Baroness, Lady Morgan of Cotes, which is fraudsters, which we have dealt with, where you might have patterns of behaviour where you have information that comes from the telecoms companies regulated by Ofcom, the internet service providers, regulated by Ofcom, and financial institutions, regulated by their own family of regulators—and they may want to share data with each other, which is something that is subject to the Information Commission’s Office again. So, again, if we are going to give platforms instructions, which we rightly do in this legislation, and say, “Look, we want you to get tougher on online fraudsters; we want you to demonstrate a duty of care there”, the platforms will need—certainly those regulators: financial regulators, Ofcom and the Information Commissioner’s Office—to sort those things out.

Having a forum such as the one proposed in Amendment 201, where these really difficult issues can be thrashed out and clear guidance can be given to online services, will be much more efficient than what sometimes happened in the past, where you had the left hand and the right hand of the regulatory world pulling you in different directions. I know that we have the Digital Regulation Cooperation Forum. If we can build on those institutions, it is essential and ideal that they have their input before the guidance is issued, rather than have a platform comply with guidance from regulator A and then get dinged by regulator B for doing the thing that they have been instructed to do.

That leads to the very sensible Amendment 201 on skilled persons. Again, Ofcom is going to be able to call in skilled persons. In an area such as data protection, that might be a data protection lawyer, but, equally, it might be that somebody who works at the Information Commissioner’s Office is actually best placed to give advice. Amendment 200—the first of the two that talks about skilled persons being able to come from regulators—makes sense.

Finally, I will touch on the issues raised in Amendment 268AA—I listened carefully and understand that it is a probing amendment. It raises some quite fundamental questions of principle—I suspect that the noble Baroness, Lady Fox, might want to come in on these—and it has been dealt with in the context of Germany and its network enforcement Act: I know the noble Lord, Lord Parkinson of Whitley Bay, can say that in the original German. That Act went in the same direction, motivated by similar concerns around hate speech.

--- Later in debate ---

[Lord Bassam of Brighton (Lab)]

My Lords, when I brought an amendment to a police Bill, my local football club said to me that it was anticipating spending something like £100,000 a year trying to create and develop filters, which were commercially available, to stop its footballers being able to see the abuse that they were getting online. It did that for a very sensible commercial reason because those footballers’ performance was affected by the abuse they got. I want to know how the noble Lord sees this working if not by having some form of intervention that involves the platforms. Obviously, there is a commercial benefit to providers of filters et cetera, but it is quite hard for those who have been victims to see a way to make this useful to them without some external form of support.

[Lord Clement-Jones (LD)]

I absolutely take what the noble Lord is saying, and I am not saying that the platforms do not have responsibility. Of course they do: the whole Bill is about the platforms taking responsibility with risk assessment, adhering to their terms of service, transparency about how those terms are operating, et cetera. It is purely on the question of whether they need to be reporting that content when it occurs. They have takedown responsibilities for illegal content or content that may be seen by children and so on, but it is about whether they have the duty to report to the police. It may seem a relatively narrow point, but it is quite important that we go with the framework. Many of us have said many times that we regret the absence of “legal but harmful” but, given where we are, we basically have to go with that architecture.

I very much enjoyed listening to the noble Baroness, Lady Bennett. There is no opportunity lost in the course of the Bill to talk about ChatGPT or GPT-4, and that was no exception. It means that we need to listen to how young people are responding to the way that this legislation operates. I am fully in favour of whatever mechanism it may be. It does not need to be statutory, but I very much hope that we do not treat this just as the end of the process but will see how the Bill works out and will listen and learn from experience, and particularly from young people who are particularly vulnerable to much of the content, and the way that the algorithms on social media work.

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

Yes, and as I say, I am happy to talk with the noble Lord about this in greater detail. Under the Bill, category 1 companies will have a new duty to safeguard all journalistic content on their platform, which includes citizen journalism. But I will have to take all these points forward with him in our further discussions.

My noble friend Lord Bethell is not here to move his Amendment 220D, which would allow Ofcom to designate online safety regulatory duties under this legislation to other bodies. We have previously discussed a similar issue relating to the Internet Watch Foundation, so I shall not repeat the points that we have already made.

On the amendments on supposedly gendered language in relation to Ofcom advisory committees in Clauses 139 and 155, I appreciate the intention to make it clear that a person of either sex should be able to perform the role of chairman. The Bill uses the term “chairman” to be consistent with the terminology in the Office of Communications Act 2002, and we are confident that this will have no bearing on Ofcom’s decision-making on who will chair the advisory committees that it must establish, just as, I am sure, the noble Lord’s Amendment 56 does not seek to be restrictive about who might be an “ombudsman”.

I appreciate the intention of Amendment 262 from the noble Baroness, Lady Bennett of Manor Castle. It is indeed vital that the review reflects the experience of young people. Clause 159 provides for a review to be undertaken by the Secretary of State, and published and laid before Parliament, to assess the effectiveness of the regulatory framework. There is nothing in the existing legislation that would preclude seeking the views of young people either as part of an advisory group or in other ways. Moreover, the Secretary of State is required to consult Ofcom and other persons she considers appropriate. In relation to young people specifically, it may be that a number of different approaches will be effective—for example, consulting experts or representative groups on children’s experiences online. That could include people of all ages. The regulatory framework is designed to protect all users online, and it is right that we take into account the full spectrum of views from people who experience harms, whatever their age and background, through a consultation process that balances all their interests.

Amendment 268AA from the noble Lord, Lord Bassam, relates to reporting requirements for online abuse and harassment, including where this is racially motivated—an issue we have discussed in Questions and particularly in relation to sport. His amendment would place an additional requirement on all service providers, even those not in scope of the Bill. The Bill’s scope extends only to user-to-user and search services. It has been designed in this way to tackle the risk of harm to users where it is highest. Bringing additional companies in scope would dilute the efforts of the legislation in this important regard.

Clauses 16 and 26 already require companies to set up systems and processes that allow users easily to report illegal content, including illegal online abuse and harassment. This amendment would therefore duplicate this existing requirement. It also seeks to create an additional requirement for companies to report illegal online abuse and harassment to the Crown Prosecution Service. The Bill does not place requirements on in-scope companies to report their investigations into crimes that occur online, other than child exploitation and abuse. This is because the Bill aims to prevent and reduce the proliferation of illegal material and the resulting harm it causes to so many. Additionally, Ofcom will be able to require companies to report on the incidence of illegal content on their platforms in its transparency reports, as well as the steps they are taking to tackle that content.

I hope that reassures the noble Lord that the Bill intends to address the problems he has outlined and those explored in the exchange with the noble Lord, Lord Clement-Jones. With that, I hope that noble Lords will support the government amendments in this group and be satisfied not to press theirs at this point.

[Lord Bassam of Brighton (Lab)]

My Lords, I listened very carefully to the Minister’s response to both my amendments. He has gone some way to satisfying my concerns. I listened carefully to the concerns of the noble Baroness, Lady Fox, and noble Lords on the Lib Dem Benches. I am obviously content to withdraw my amendment.

I do not quite agree with the Minister’s point about dilution on the last amendment—I see it as strengthening —but I accept that the amendments themselves slightly stretch the purport of this element of the legislation. I shall review the Minister’s comments and I suspect that I shall be satisfied with what he said.

Amendment 185A withdrawn.

Gambling Act Review White Paper

Lord Bassam of Brighton Excerpts

Wednesday 3rd May 2023 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, colleagues will know that I hail from Brighton—for film noir buffs, the home of “Brighton Rock”, with its famous racecourse scenes. My city has excellent amusement arcades, two casinos, a Premier League football team—rather good this year—, a horserace track, a dog track and a variety of other activities and sports that have strong links to the gambling sector.

We all like a flutter, and a night at the bingo or a weekend at the races are traditional British pastimes. Clearly, none of us want to change that. However, the publication of this important White Paper comes in part because of the relentless efforts of those with personal experiences of problem gambling. As gambling has moved into the digital age, far too many people have suffered from outdated regulation which has left them or their loved ones, friends and family exposed to significant and sustained gambling-related risk. People will have lost many thousands of pounds because existing safer gambling initiatives were not properly implemented or enforced, sometimes over several years. Many will have fallen into desperate debt, not just for themselves but, of course, impacting on family life. Tragically, some have paid an even bigger price. We should reflect on the fact that lives have been lost completely and unnecessarily.

While this White Paper may not contain all that campaigners hoped for, I pay tribute to them today for their tenacity. We have waited a significant amount of time for this Statement. The Government launched their review of the Gambling Act 2005 back in December 2020. Yes, these matters are complex; yes, the department received a significant number of responses, and yes, there is a balance to be struck, as many people enjoy gambling in moderation. Of course, the sector itself supports in excess of 100,000 jobs. But why has it taken so long for the Government to bring these proposals forward? We have seen multiple Ministers with responsibility for the review; at my last count, six Gambling Ministers and four Secretaries of State for Culture, Media and Sport have promised this White Paper imminently. We have had only a marginally smaller number of Prime Ministers: three, possibly four. So, can the Minister blame those who feel that their suffering has not been a priority for the Government? Can he understand the concerns of some in the sector that uncertainty has been allowed to last for such a long time?

Despite the delays, we welcome the fact that various measures been announced, with many being things that we have long called for and campaigned for. We are glad that the White Paper recognises the significant difference between bricks-and-mortar bingo halls and low-risk gambling and gaming centres, and the unique dangers of the online world. We welcome proposals relating to how online gambling sites will operate, the introduction of a levy and the expansion in the remit of the Gambling Commission. If properly implemented, these changes can make a significant difference to the amount of gambling-related harm people encounter, and improve the services available to those who have been affected by it.

However, and as ever, we need to see some more detail. While it is important that some measures are subject to further consultation, we hope it will not take another three and a half years for further decisions to be made. In another place, the Minister said that many of the changes in the White Paper will be brought forward via statutory instruments to speed up implementation. That is welcome, but is the Minister able to comment on how many SIs will be required and when we are likely to see them?

For matters that require primary legislation, can we expect to see a Bill in the next Session? The White Paper contains no fewer than 30 references to “when parliamentary time allows”—hardly an indication that these matters are being prioritised.

While I am asking questions, could the Minister have a go at answering some which were not addressed by his Commons colleague last week? Will the Gambling Commission be given additional resources? The National Audit Office previously raised concerns about the body’s capacity. If its remit is being extended without appropriate resourcing, that problem can only get worse. Who will set rules in relation to new affordability checks? Will they be set independently of the sector or will it be up to providers? What other initiatives, if any, are the Government looking at for under-18s who encounter loot boxes and other in-game features, which may not qualify as gambling but exhibit or promote similar qualities and behaviours?

Once again, we welcome this important White Paper. Reducing the harm caused by gambling is vital. We are glad that this will seemingly be done in a way that does not disadvantage the lower-risk premises that sustain communities across the country, especially in rural and coastal towns. Far too much time has already been wasted, so we hope that the Government and the Gambling Commission will now move quickly to implement the key reforms and consult smartly on the rest.

[Lord Foster of Bath (LD)]

My Lords, I declare my interest as chairman of Peers for Gambling Reform. We have known since the advent of the smartphone, giving everyone a casino in their pocket, that gambling legislation and regulation were out of date. Online gambling and wall-to-wall TV and radio advertising, coupled with online marketing—not least inducements such as a free bets and VIP offers—have led to thousands of lives being ruined.

For too long the Government have failed to hold big gambling companies to account—companies that, as we saw from the recent William Hill case, prioritise their annual £14 billion profits over customer care and that get the majority of those profits from problem gamblers. We have at least 350,000 such problem gamblers, including almost 60,000 children. This has, in turn, ruined the lives of around 2 million other people. Tragically, over 400 people a year take their own life because of gambling. Of course, it has also cost the nation billions of pounds.

The Government promised reforms back in 2019, but this White Paper has been constantly delayed by chaos, infighting and—as we have just heard—six gambling Ministers since the review was launched. So hundreds of people in that time have tragically taken their own life and thousands more have seen theirs devastated. None the less, the proposals in the White Paper are important and welcome steps in the right direction. At last, they are based on the recognition that gambling should be treated as a public health issue.

They respond directly to the key measures proposed by Peers for Gambling Reform and other campaign groups. Measures recommended by your Lordships’ Select Committee on gambling some three years ago included light-touch affordability checks, stake limits online, a statutory levy—so that all gambling companies contribute fairly and adequately to research, education and treatment—more effective redress mechanisms for individual gamblers and further limits on advertising and marketing. Online gambling products are designed to be addictive, with features such as high stakes and prizes, fast speed of play and the illusion of player control. We strongly welcome proposals to address these issues.

Does the Minister agree there should be parity online with, for instance, stakes in land-based venues, so that casino slot limits are set at £2? It has already taken too long, as we have heard. We should be implementing these and other proposals. What is the timeframe for consultation on these measures and when will they actually be in place?

In relation to affordability checks, given that the average household disposable income is £500 a month and the industry itself classifies gambling more than £75 a month as high spend, can the Minister explain why the White Paper’s proposed unsustainable loss trigger is 10 times that amount?

Given that the White Paper acknowledges that online gamblers use accounts with several different companies, why do the proposals consider only the “possibility” of a single, cross-company approach? Should there not be a single, independently run system of affordability checks?

We strongly welcome the proposals for a statutory levy. However, the White Paper is silent on the detail. Does the Minister at least agree that it should be a smart levy, based on the polluter pays principle, so that those that cause the most harm pay the most? How much money do the Government want to see raised?

We understand that primary legislation is needed to introduce a fully-fledged ombudsman, so we welcome the proposals for interim improved player redress. Will the Minister commit to introducing the necessary legislation to go even further as soon as possible?

We also welcome proposals to address some of the gambling companies’ marketing activities, such as free spins, free bets and bonuses. However, we are extremely disappointed that very little is being done to reduce the way in which we are all bombarded by gambling advertising. The Premier League’s voluntary decision to phase out gambling logos on shirt fronts is surely an acknowledgement that advertising is harmful—although, of course, you will still see gambling advertisements around the grounds, in matchday programmes and even on players’ shirtsleeves. There is clear research showing that advertising leads to people starting to gamble, leads existing gamblers to gamble more and leads those who have stopped to start again. Why would the industry spent £1.5 billion a year on marketing if it was not to boost its profits? Other countries are taking action to ban or restrict gambling advertising. The majority of the British public want us to do the same. Why is more not being proposed in this country?

Like the noble Lord, Lord Bassam, I say that my biggest concern is the delay in implementation. Can the Minister confirm that there are to be at least 12 separate consultations requiring the Gambling Commission to have no fewer than 30 workstreams? How long must we wait for the outcome of all this work? The review of the Gambling Commission’s funding is not planned until next year: will this not further delay the commission recruiting extra staff to do the necessary work, causing further delay?

Overall, while there are some welcome proposals, it is absurd that so many are subject to further consultation, given that there is already a wealth of information and research evidence and there has been plenty of time to look at the details of these measures. Further delay will lead to more lives, families and communities being ruined. Surely the Government should stop dithering and implement.

UK Concussion Guidelines for Grass-roots Sport

Lord Bassam of Brighton Excerpts

Wednesday 3rd May 2023 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, we on these Benches strongly welcome this guidance and hope the Government will ensure that anyone suffering from a head injury is able to get swift access to the treatment and continuing support that they need. In the Commons yesterday, the Minister said he was “sure” that his Department of Health and Social Care colleagues would make announcements “in due course”. I wonder whether the Minister can be any more specific on timings today.

The introduction of concussion protocols in many elite sports has undoubtedly helped increase awareness of the subject, but we sometimes see players ignore the advice of medical professionals and attempt to play on. Indeed, I remember my son as a teenager being fouled and a penalty being given, and he was badly concussed. He was determined to take the penalty spot kick, and his mother and I had to wrestle him off the pitch.

We know that these things are important, so does the Minister agree that governing bodies need to keep their own protocols under review and that players themselves should be mindful of their status as role models? What more do the Government plan to do to ensure that this advice gets the profile it needs at all levels of sporting endeavour? These are important moves forward, and we broadly welcome them.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am grateful to the noble Lord for the support of the party opposite. World-leading experts have informed this guidance and it is important that we give it to the many people who are engaged in recreational sport across the country. The example that the noble Lord gives from his own family is illustrative of the issues that we need to make people aware of, so that people can intervene where needed and make sure that there is support for those who require it.

As my right honourable friend the Sports Minister said yesterday in another place, he has committed to continuing to work with his colleagues in the Department of Health and Social Care to ensure that the relevant advice is given to people, including those who want to contact the NHS through the 111 service. Many health experts from lots of sporting backgrounds have been involved in the preparation of this advice.

The noble Lord is right to point to the role of financial governing bodies in disseminating the advice that is appropriate in the context of their sports. Last year the English and Scottish Football Associations banned heading the ball in training for primary school-age children, an example of work that has been taken on. We are working with national governing bodies to make sure that the guidance is disseminated to everyone who needs to see it.

CCTV

Lord Bassam of Brighton Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

I do not have those figures to hand, but I imagine that they are substantial, and I shall find out and write to the noble Lord.

[Lord Bassam of Brighton (Lab)]

My Lords, there is an opportunity here for the Government to get something right. The Product Security and Telecommunications Infrastructure Bill received Royal Assent, as the Minister knows, in early December. Its security provisions are designed to improve the security of smart products—a category that includes CCTV doorbells. Is the Minister able to provide some updates on commencement of Part 1 of the Act, or on the laying of relevant regulations and guidance, given that this will be the subject of some intense debate—and given, too, the potential privacy issues that will arise if security vulnerabilities in personal CCTV products can be exploited, as we now know, by bad actors?

Broadcasting: Children’s Television

Lord Bassam of Brighton Excerpts

Thursday 2nd February 2023 Lords Chamber

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness is right, and the Government are clear that we want to see distinctively British content, so that young people growing up in this country can see it on television and on their tablets, or however they view it. Through our creative industries sector vision, the department is working to address skills gaps right across the creative industries in order to ensure that we can continue to make world-leading content.

[Lord Bassam of Brighton (Lab)]

My Lords, we of course echo the concerns raised by the noble Baroness, Lady Benjamin. Public service broadcasting faces a number of challenges, including uncertainty over the status of the long-awaited media Bill, which was parked while the Government considered whether to U-turn on privatising Channel 4. Now that decision has been made, can the Minister confirm when noble Lords can expect some breaking news? If not, can he at least say whether the Leader of the House was correct when he stated on 12 January that this crucial legislation will be published only in draft form?

[Lord Parkinson of Whitley Bay (Con)]

The media Bill will reform decades-old law to boost the growth potential of our world-leading public service broadcasters, replacing the outdated set of 14 overlapping purposes and objectives. We have set out those reforms in our White Paper and the Government will legislate when parliamentary time allows.

Football: Illegal Entry to Matches

Lord Bassam of Brighton Excerpts

Wednesday 1st February 2023 Lords Chamber

Asked by

[Lord Bassam of Brighton]

To ask His Majesty’s Government what consideration they have given to introducing new criminal sanctions in England and Wales for those tailgating to gain illegal entry at football matches; and what other measures they are planning to take further to The Baroness Casey Review: An independent Review of events surrounding the UEFA Euro 2020 Final ‘Euro Sunday’ at Wembley, published in December 2021.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the Government keep tailgating under review. Any disorder associated with attempting to gain unauthorised entry may be a criminal offence, with a football banning order imposed following conviction. The safety of spectators at sporting events is of the highest importance. We continue to work closely with all the relevant authorities to ensure that football fans can continue to enjoy the sport safely. The review by the noble Baroness, Lady Casey of Blackstock, was commissioned by and reported to the English Football Association. The Government were referred to in four of the recommendations. Our approach to these is outlined in evidence to the DCMS Select Committee, a copy of which can be found in the Library.

[Lord Bassam of Brighton (Lab)]

My Lords, I am conscious that I have asked this Question before and also that the Minister has responded before. Would it not be of value to consider making this an offence, to deal with the issue of tailgating, as the review from the noble Baroness, Lady Casey, suggested? This is against the background of a worrying increase in disorder at football grounds this season, evidenced by the recent increase in pitch invasions. We can never be complacent about disorder at football games, and we should never be complacent about crowd safety.

[Lord Parkinson of Whitley Bay (Con)]

Absolutely—and we are not. As I have explained to the noble Lord before, we have taken action to implement a series of changes to the football banning order legislation with which he was associated when he was in government to help ensure safety at football matches. That included adding football related online hate crime to the list of offences, amending the threshold for the imposition of a banning order, extending the legislation to the women’s domestic game and adding football-related class A drug crimes to the list of offences. We continue to work with the police and football bodies to review disorder and consider whether any further action is necessary.

Trade (Mobile Roaming) Regulations 2023

Lord Bassam of Brighton Excerpts

Tuesday 31st January 2023 Grand Committee

[Viscount Stansgate (Lab)]

My Lords, I intervene briefly to ask two questions, one of which, about the review, has just been asked. Regulation 13 says that the review has to be within five years but can be in as little as a year. Can the Minister say anything about when the department might intend to consider a review? The subject of roaming charges is of pretty wide interest generally.

Secondly, in respect of the scope—which, let us face it, is modest—am I right in assuming that, under the reconsideration of the trade and co-operation agreement that has been signed and comes up for review in a year or two, this whole area might be an appropriate part of any reconsideration and renegotiation that the UK conducts with the EU?

[Lord Bassam of Brighton (Lab)]

My Lords, I am grateful, as ever, to the Minister for introducing the SI, and to the Secondary Legislation Scrutiny Committee for commenting on it in its 25th report. The scope of the SI is very narrow, as colleagues have said. But if we are looking for something to welcome, we should certainly welcome the fact that the Government have decided to work a bit more collaboratively with international partners, are bringing forward legislation that enacts rather than attempts to rip up international agreements and are seeking to negotiate somewhat with our partners in Europe.

The agreement with Norway and Iceland will give certainty to mobile operators about their costs when customers use roaming charges across the relevant jurisdictions, but this is a very limited agreement. I soon realised when I came back from Norway last year just how much more expensive it is to use a mobile device there than it used to be in the rest of Europe, so this is a small but welcome move forward.

The SI deals only with a wholesale price cap rather than with any retail-focused provisions. The Secondary Legislation Scrutiny Committee was right to query whether there is likely to be a knock-on effect. In a sense, that must be at the heart of this and a question. The Government’s response in paragraph 84 of the committee’s report is not entirely convincing. The DCMS says:

“If operators do not react appropriately, the Government will have to consider what further measures may be necessary”.


That seems to be something of an empty threat. The Government previously said they saw no reason why our departure from the EU would lead to the reintroduction of roaming charges, and we know where that led. Yet the DCMS has not introduced any further measures to address the decision of three of the four main mobile operators to reinstate charges. Why not? As well as setting the wholesale costs, the SI introduces powers for Ofcom to enforce them. Yet you would not really get that if you read the Explanatory Memorandum, which gives no explanation of how these powers will be exercised or operate in practice.

We obviously do not oppose this SI but, as is often the case with the DCMS, we are somewhat underwhelmed by the general approach to an issue that will affect millions of British travellers each year. A small crumb of comfort is the best description we can give of this SI, welcome though it is.

Arts Council England: Regional Distribution of Funding

Lord Bassam of Brighton Excerpts

Thursday 15th December 2022 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, like other noble Lords, I thank the noble Lord, Lord McNally, and congratulate him on securing the debate. I wish him a speedy recovery from the ghastly Covid. I express our eternal gratitude to the noble Lord, Lord Storey, for opening the discussion in his place so effectively, focusing as he did on Liverpool and its regeneration in the late 1970s, based on a culture-led platform, and for focusing so effectively on the plight of the ENO and the impact of the cuts on London’s cultural landscape.

This has been a brilliantly illustrated debate. Noble Lords from all sides have made fascinating contributions. I particularly enjoyed the return of the noble Lord, Lord Vaizey, to this subject; he always enlightens, illuminates and amuses our House. He always congratulates people. That is almost a given; it comes as part of the story and is always part of the rhetoric. I enjoyed his contribution for many reasons, largely because I agreed with most of what he said. It was also a delight to listen to the noble Baroness, Lady Fleet, with her experience and her understanding of the process, and to the input of the noble Lord, Lord Mendoza. The noble Lords, Lord Freyberg and Lord Berkeley, and the noble Earl, Lord Clancarty, all made arguments that were hard to disagree with.

Last week we had an extremely similar debate on the case for a strategy to support the arts and our creative industries, which probably gave the Minister a useful preview of many of the similar points and arguments made today. Let us just hope that the Government have lines that are more convincing than those he deployed on that occasion.

The recent decisions by Arts Council England have attracted significant interest. They have dominated our debate today, and rightly so because that is the topic. A lot of it has focused on the ENO, which has been mentioned many times by all speakers. In a Commons adjournment debate secured by the Conservative MP Bob Neill, several Conservative MPs voiced their displeasure at not only the ENO decision but the underlying processes used by the Arts Council. That is what we need to focus on.

The noble Lord, Lord Vaizey, described the ENO decision as absurd, and I find it hard to disagree with that. He said he thought it was unforgivable, which is absolutely true. Sir Robert Buckland, the former Justice Secretary and Lord Chancellor, labelled this a sorry saga, criticising, as a number of noble Lords have today, the suddenness of the decision, the abruptness of the withdrawal of funding and the failure even to consider a phased approach. That gets to the core of the problem. We all recognise that, at least in theory, the Arts Council operates at arm’s length from Whitehall. However, Ministers can exert influence in a number of ways, and there have been plenty of suggestions that that is exactly what has happened.

I would like to probe the Minister a bit more on this point, because I have detected some inconsistency in the Government’s response to recent events. On 5 December, in the Commons debate cited earlier, the Minister, Stuart Andrew, said that the Arts Council’s decisions

“were made entirely independently of Government, so I cannot comment on the individual outcomes.”

He then took an intervention on whether the DCMS would overturn the ENO decision. Mr Andrews said, in his next sentence, that Ministers would intervene only if the organisation looked to be

“breaching the terms set by the Government”,

but that, in that case,

“it was following the instructions that were set”.—[Official Report, Commons, 5/12/22; col. 181.]

So which is it? Is Arts Council England an arm’s-length body that makes its own funding decisions or is it an additional tool for implementing the Government’s levelling-up policy agenda?

We have been told, not least by the Minister in last week’s arts debate, that funding decisions were taken against

“well-established criteria and expectations”.—[Official Report, 8/12/22; col. 306]

Why then are so many people surprised by the outcomes of the process, or even the conducting of the process itself?

Similar concerns have been voiced in the recent past, including suggestions that the DCMS asked Channel 4 to change how it framed certain parts of its annual report in order to make it more attractive to potential buyers in the likelihood of privatisation.

Our arts institutions and fantastic creative industries are far too precious to become the victims of what my Commons colleague, Barbara Keeley, diplomatically referred to as “too much political direction”. The Government may argue that the ends justify the means, with funding in this latest round reaching new parts of the country. We all celebrate that, because we all believe in levelling up, and we welcome support for organisations in towns and cities that have not received financial support—or enough of it—to date, but we should bear in mind that criticism of the Arts Council’s approach is coming not only from London and the south-east.

I asked last week why the Government seem to view levelling up in such black and white terms, or as a zero-sum game. Many of the institutions and productions funded in London and the south-east deliver benefits elsewhere in the country—as noble Lords have given ample voice to this afternoon—with outreach programmes providing access to schools, and many shows being sent around the UK on tour and so on. Glyndebourne touring, which comes from my part of the world, is a prime example: it is an organisation that will have its touring fund cut by 50%, which means that it cannot do the job that it is partly designed to do. What is the value in that? How does that aid and assist levelling up on a national scale?

There is a finite pot of money, but should we not be looking at how to improve the impact that these grants have, rather than arbitrarily shifting funding and organisations elsewhere? Publishing an overarching strategy for the arts would undoubtedly help, as would proper consultation with interested parties prior to decisions being made—which is what has angered so many people in the course of this afternoon’s debate. That is how we should be proceeding, rather than directing bodies such as the Arts Council to act in a particular way, irrespective of opinion on the ground.

I have to accept that funding decisions are always problematic, even more so when they are driven by conflicting pressures at a time when a Government have decided to restrict public spending. Directed as Arts Council England has clearly been by the Government to level up regions long neglected in funding, it has inevitably been caught in the cross-hairs of conflicting policies.

Ultimately, I ask these questions: should we be trying to level up long-standing inequalities in one big leap? Should we be trying to level up the regions at the expense of centres of excellence that do so much to enable our cultural industries to grow and flourish to everyone’s benefit? I hope the Minister today can turn his mind to these conundrums more convincingly than at his last attempt.

Arts and Creative Industries Strategy

Lord Bassam of Brighton Excerpts

Thursday 8th December 2022 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I draw attention to my interests as set out in the register as a trustee of the Royal Pavilion and Museums Trust in Brighton and a trustee of the People’s History Museum.

I join in the general congratulations to my noble friend Lord Chandos on securing this important debate, which, as a number of Members have noted today, is extremely timely, given that, as the noble Baroness, Lady Featherstone, has just made clear, we are at something of a crossroads in government policy. I liked the way my noble friend neatly invoked Churchill’s being in favour of the arts during a time of national crisis; I think we are at that point, and my noble friend was right to do so.

As the noble Baroness, Lady Bull, and my noble friend Lady McIntosh alluded to, this is an extremely broad debate about a sector, the arts and creative industries, that is broad in its extent and impact. As the title of the debate highlights, and as outlined in the very helpful Library briefing, the UK, as many noble Lords have mentioned today, is a world leader in the arts and creative industries. Many of our cultural institutions are the envy of the world. We are one of the largest exporters of creative goods and services, and British TV, film, music and video games are enjoyed across the globe.

The economic benefits of the creative sectors have been cited throughout the debate but are worth repeating: a £110 billion-plus contribution to the national economy, the direct creation of more than 2 million jobs, and support for the associated jobs in supply chains. Perhaps it is timely to remind the House of the BBC’s role, which makes for a case study. The role of the BBC in generating cultural investment is very much at the heart of our creative industries—a sector that, as many have reminded us today, is growing faster than the rest of the economy. Between 2010 and 2019 it grew by 44%, and it could, given the right circumstances, more than double by 2030. The BBC is the single largest investor in original UK content: £1.4 billion-worth in 2021, which is 60% more than its nearest rival, Netflix. It also commissions more than its rivals. More importantly, perhaps, it has, as it always has had, a strong regional base, with 71% of its content coming from producers based outside London.

Those are impressive figures, and they are repeated across the sector. As has been noted, the creative industries have outperformed other parts of the economy in recent years, and they are likely to be a key factor in our eventual return to GDP growth. The cultural sector has the capacity to bounce back faster, quicker and higher than all other sectors, but it needs support to do so. We will remain a world leader in these crucial sectors only if central and local government continue to nurture them. In our experience, local government recognises the value of the arts and creative industries. Arts-led regeneration is now very much flavour of the month in terms of what local authorities are trying to do, and it makes a massive contribution to local economies. But if we get it wrong, as a number of Peers have said today, the cultural sector suffers and shrinks.

Councils and regional partnerships play a supportive role through the planning system, with funding for venues, events to highlight local talent and so on. However, in the past few years we have seen what happens when central government fails to support the arts and creative sectors. Yes, the Government provide funding via the Arts Council and other bodies, and we accept that there are tax incentives in other areas, but many creatives feel that more could be done to support them. The noble Lord, Lord Aberdare, made a strong case for the use of fiscal incentives. Perhaps today the Minister could comment on this without upsetting his ministerial colleagues in the Treasury.

The Covid lockdowns brought the arts to a standstill. That was understandable from a public health point of view but it means that many artists, museums, galleries and other cultural organisations are only just getting back on their feet. Gaping holes in the then Chancellor Rishi Sunak’s coronavirus support schemes left creative freelancers, as a number of Peers have said today, very much out in the cold. Labour repeatedly called for action to bring freelancers within the scope of emergency funding, as I think the noble Lord, Lord Londesborough, said, but none was taken. Event organisers and performers experienced visa problems; many performers also experienced a downward push in their opportunities and their ability to export our cultural excellence.

Covid restrictions may have eased, but the cost of living crisis and the Conservative Government’s wider economic failures mean that the sector’s costs are literally going through the roof, threatening much of our cultural inheritance. At the same time, household finances are being squeezed, meaning that people have less to spend on leisure and cultural activities. What assessment has DCMS made of the likely impact of current economic circumstances on demand for the output of arts organisations and creative firms?

As the Library briefing makes clear, and as colleagues have referenced, DCMS has been slow to come forward with a sectoral vision for the creative industries, despite the importance of having such a strategy in the current economic climate. We have had months of dither, delay and chaos at the centre of our Government. While we have been fortunate in some senses to have the Minister reappointed—a second coming, one might say—he must surely share our frustration with regard to the lack of recent progress in key areas. I am sure the Minister will disagree, but there is a growing feeling across different sectors that DCMS is unable to deliver. Its failures to deliver on a sector vision are the latest in a long list of delays, downgrades and cancellations. As my noble friend Lord Griffiths argued, we need to see that sector vision so that we can give greater certainty to the cultural institutions that thrive in our country. Importantly, that vision should link the creative sectors with the Government’s wider levelling-up agenda, which many noble Lords alluded to during the debate. This is another area where progress has been unacceptably slow.

Colleagues have referred to the recent Arts Council funding decision, which will see a greater emphasis on areas of the country outside London. We will of course have a more detailed debate on that next week but, today, my noble friend Lord Chandos made a very powerful case for ENO and opera, and rightly so. I could make an equal argument for better and stronger support for Glyndebourne, my local opera house, set wonderfully as it is in the Sussex Downs—and now hampered, as my noble friend Lady Andrews suggested in her powerful speech.

We all agree on the need to address geographic disparities, which are greater in this country than any other. These disparities are reflected in funding, but this does not need to be a zero-sum game; nor, as the noble Baroness, Lady Bull, argued, should these disparities be tackled in such a short timeframe. My noble friend Lady McIntosh argued that the background to the decisions that were made undermined the integrity and independence of the Arts Council’s decision-making. I think we all need reassurance on that. Why do we need to level down London, whose cultural offering draws in tourists from around the globe, to support the rest of the country? Is that really the best way to achieve levelling up?

On the Arts Council and English National Opera, why were certain decisions not properly consulted on or communicated better? That has been a strong feature of comments made during the debate.

To finish, we must always remember how lucky we are to have the incredible talents that we do across the arts and creative industries in this country. We can put a sum on these sectors’ economic value, but it is hard to convey the immense enjoyment and educational value that comes on top of those economic benefits. Our brilliant creative industries struggled during Covid but pulled together, innovated and weathered the storm. However, they now face sky-high energy bills and the impacts of a recession. The Government need to stop dragging their feet and, as the noble Lord, Lord Foster, and the noble Baroness, Lady Bull, argued, pull together several departments—DCMS, BEIS, DLUHC and the Cabinet Office—to drive the strategy. It is vital that they deliver a strategy that gives the arts and our creative industries greater certainty and puts them at the centre of future growth.

UEFA Euro 2020 Final

Lord Bassam of Brighton Excerpts

Wednesday 30th November 2022 Lords Chamber

Asked by

[Lord Bassam of Brighton]

To ask His Majesty’s Government what assessment they have made of the conclusions of the report by Baroness Casey of Blackstock An independent Review of events surrounding the UEFA Euro 2020 Final ‘Euro Sunday’ at Wembley, published on 3 December 2021; and what plans they have to publish a full response to that report.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the safety of spectators at sporting events is of the highest importance to His Majesty’s Government. We continue to work closely with all relevant authorities to ensure that football fans can continue to enjoy the sport while attending matches safely. This review was commissioned by and reported to the Football Association, and the Government were referred to in four of its recommendations. Our approach with respect to those recommendations is outlined in our evidence to the DCMS Committee inquiry into safety at major sporting events, a copy of which I have placed in the Library.

[Lord Bassam of Brighton (Lab)]

My Lords, I had to introduce the current football banning order system as emergency legislation some 22 years ago. It works well to punish offenders identified by the police and football clubs, and they work well with the CPS. Stake- holders believe that a refresh is needed. They want us to intervene early. They want to better educate fans, improve advice for stewards and create a new offence tackling turnstile tailgating. Do the Government have a plan to bring forward these revisions to tackle increases in football-related disorder, or is this another issue that will be put on the back burner?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the Home Office has already implemented a series of changes in relation to the existing football banning order legislation, building on the work that the noble Lord took when in government. This includes adding football-related online hate crime to the list of offences for which a banning order can be imposed on conviction, amending the threshold for the imposition of a banning order, extending the legislation to the women’s domestic game, and adding football-related class A drugs crimes to the list of offences, but we continue to keep all this under review.