Media Bill

Lord Bishop of Newcastle Excerpts

Committee stage
Monday 20th May 2024 Lords Chamber

[The Lord Bishop of Newcastle]

My Lords, I rise to speak to Amendments 16 and 17, tabled by the noble Baroness, Lady Fraser of Craigmaddie, to which I am pleased to have added my name in support.

Our country is one of diversity. The four nations that make up the UK include many regions, each with its own culture, sense of humour, accent, concerns and interests. As public service broadcasters are owned by the whole of the UK public, it is important that they truly reflect the public they serve in all their regional diversity.

I regrettably could not be present for the first day in Committee to support the amendments from the noble Lord, Lord Dunlop, seeking to ensure that our PSBs reflect the diversity of this nation through the protection of Gaelic broadcasting, which is part of the wider landscape that these amendments speak to. I hope that I will be present to express my support on Report.

With Channel 4’s current quotas, 91% of its production is reserved for England and 65% for London. Its London-centric attitude to production is confirmed through its claim that

“the UK production sector continues to be significantly smaller outside London … there are fewer production companies, often smaller in scale, and therefore with less capacity to develop creative ideas and produce them”.

Along with independent production companies across the country, I dispute this. The BBC has not faced difficulties adhering to its higher regional quotas, and indeed demonstrates that significantly expanding production networks outside London is possible and yields positive results that attract interest and further investment.

Ensuring support for the creative sector outside London requires intentionality. New and smaller production companies cannot grow without regular and sustained employment. Implementing quotas would ensure that these businesses receive regular income in the longer term, allowing them to grow while nurturing local talent and skills.

As the noble Baroness, Lady Fraser, outlined in her excellent speech, quotas work. The BBC now aims for 60% of its TV production to take place outside London by 2027-28, and its production bases in cities throughout the country demonstrate how the industry is capable of diversifying its production locations, employing staff from local economies. These amendments would simply place the same quotas on other public service broadcasters.

In March the Government confirmed funding towards the development of Crown Works Studios in Sunderland—a very welcome investment. The potential for the north-east in this sector is at last gaining recognition. It should be partnered with legislation to ensure that studios outside London, such as Crown Works, are fully utilised by public service broadcasters. With Northumbria University ranking second in the Guardian’s latest university league table for film production, our region is not lacking in talented, skilled and creative minds in this sector; what is lacking is opportunity. Those who want to pursue a career in broadcasting are being pulled away from the region to London, taking their skills with them. Those who remain in the region face a lack of opportunity. For many, their talent and potential are left unfulfilled. These amendments seek to change this narrative.

By placing a requirement on Ofcom to ensure that PSBs produce 50% of their programmes outside London and 16% outside England, in proportion to each UK nation’s relative population and measured by both hours broadcast and expenditure, these amendments would equitably spread opportunity across the country’s regions. The different regions and nations throughout the UK are rich in creative skills, and we are all left poorer if we continue to neglect them.

[Baroness Humphreys (LD)]

My Lords, this group of amendments is of great importance to the independent television production sector in Wales. Amendments 16 and 17 relate to how much commissioning is done outside of London by channels 3, 4 and 5. Amendment 54 relates to the issue of brass plating. I thank the noble Baroness, Lady Fraser of Craigmaddie, and the noble Lord, Lord Wigley, for tabling these amendments. I have added my name to Amendment 54 and support all three amendments, as do my colleagues on these Benches.

Teledwyr Annibynnol Cymru represents the independent sector of Wales and is made up of some 50 companies of varying sizes. They produce content for BBC, ITV, Channel 4, Channel 5 and Sky. They also produce almost all the original television and online media content for S4C. Their continued success helps the Welsh and UK economies. They do, however, rely on the continued support of our UK public service broadcasters, including Channel 4, which has brought greater resource to working with TV production companies throughout the UK in recent years. Over the last five years, the resource from Channel 4 has never fallen below 54% in the commissioning of out of London hours, and never below 45% in spend. Channel 4 has committed to a future level of 50% of spend and hours outside of London against the 35% requirement in its licence, and has created hubs throughout the UK to enable this. There is nothing to indicate that it will deviate from this commitment.

I can understand the disappointment felt by many in the sector who have learned that Ofcom has not opted to raise the out-of-London quota from its present level of 35% in its proposed new licence for Channel 4. It appears that Ofcom perhaps does not recognise that Channel 4 has changed its commissioning structure and approach. This failure to recognise the reality of Channel 4’s current out-of-London commissioning commitments leaves the independent television production sector in Wales in a quandary. It believes that the 35% quota level set by Ofcom is not fit for purpose.

The reality is that Channel 4 has, over the last five years, achieved a level of out-of-London hours commissioned of between 54% and 66%. To retain the 35% level within the new licence is very much in direct contrast to the current reality. Amendments 16 and 17 would put a commitment in the Bill to the 50% figure for hours and spend by Channel 4.

Amendment 54, in the name of the noble Lord, Lord Wigley, deals with brass plating and calls for a new clause to be inserted after Clause 36. This new clause would protect Wales’s production companies. These companies are set up by local production and business talent, have their headquarters in Wales, employ locally and spend in their communities. However, the present situation allows a TV company from outside Wales, or any of the devolved nations, to establish a small satellite presence in the nation in order to win a network PSB commission and qualify for the out-of-London commissioning quota. This, of course, is what is referred to as brass plating.

Welsh independent production companies acknowledge that the aim of the present system is to grow production services around the UK and that, in so doing, it seeks to ensure that a wide range of voices, stories, talent and perspective is delivered to UK audiences. But there are concerns within the sector in Wales that brass-plating has a number of downsides, which have already been referred to by the noble Lord, Lord Wigley. First, the profits from the production flow back out of Wales, leading to less investment in the sector in Wales. Secondly, talent ends up being recruited from outside Wales, limiting the opportunities for Welsh production talent to work on UK-wide and international shows. Thirdly, in some cases, the programme will have less of a Welsh identity or even make factual errors.

Amendment 54 ensures that there are clearer guidelines as to what constitutes a substantive base in a devolved nation, that there is a commitment by a production company to remain in the nation for a specified amount of time and whether a production company has had a presence in the nation for at least 36 months. The independent television production sector in Wales is clear that these amendments are not a deterrent to inward investment. That inward investment is welcome, but on its present basis it encourages a hit-and-run approach by companies from outside Wales and puts Welsh independent production at a disadvantage.

Taken together, these amendments seek to regularise how much commissioning is done outside London and seek to create a more level playing field for those independent production companies operating in the devolved nations.

Media Bill

Lord Bishop of Newcastle Excerpts

2nd reading
Wednesday 28th February 2024 Lords Chamber

[The Lord Bishop of Newcastle]

My Lords, I am glad to be able to speak in this debate, and thank the previous speaker, the noble Lord, Lord Russell, for his comments. It is an honour to follow him.

In conversations I have had in recent weeks, it is clear that there is a strong desire across this House to ensure the Media Bill progresses positively through its legislative processes, in part because this is, as noble Lords have said, a Bill that acknowledges the vastly changed broadcasting landscape over the past 20 years. Given the rapidly developing technological nature of the communications landscape, it is understandable that the Bill aims to give flexibility and adaptability where needed. The point I wish to make is about the absence of clear statutory provision for languages in this Bill, in particular for Gaelic. Other noble Lords have already referred to this in the debate.

The issue of provision also relates to a matter that other noble Lords have already raised about quotas and genres. I fully understand the desire to reduce burdens and increase the potential for creativity in the PSB sector; this is a Bill for growth, as the Minister has said. However, I ask the Minister to consider asking the Government to strengthen language provision in the Bill, rather than have it left in the rather precarious state it now finds itself in. Leaving it to Ofcom to assess —through counting objections to the absence of language provision, for example—is an unhelpful consequence of a lack of statutory recognition.

Members in the other place have made similar points regarding Gaelic—covering the Gaelic language as spoken in Scotland—Irish, Scots, Ulster Scots or Cornish even, and of course Welsh. I recognise, with others, that it is not realistic at this stage to ask the Media Bill to provide a funding solution. However, the Bill could ask Ofcom to ensure that there is sufficient new Gaelic content to enable delivery of a Gaelic television service with a public service remit. This would mean that Ofcom’s annual reports would highlight where there are deficits in the delivery of a Gaelic service, thereby providing an incentive to address those deficits. MG Alba, the PSB provider that delivers Gaelic media content across diverse platforms, is, as other noble Lords who are speaking in this debate may indicate, caught in a difficult place, because while there is good will, there is no statutory provision for a Gaelic language service. There is an opportunity here to do something about this, and for good reasons.

In that regard, I turn briefly to the reasons for the statutory basis for language provision. In my maiden speech last November, I referred to my background of living and working in New Zealand. A week or so after my maiden speech, and bearing in mind the time of year—later in the year—I came across my noble friend Lady Goldie cheerfully humming a tune. I recognised the tune, though could not immediately place it, but she told me that it was a Māori language Christmas carol from New Zealand, “Te Harinui”, or “Great joy”. This brought home to me the global nature of our context and the way in which music and language convey memories of place, culture and identity. In the New Zealand context, the PSB remit for the Māori language stems from the belief that language is

“at the very heart of Māori culture and identity and for that reason alone, it must be preserved and fostered. It provides a platform for Māori cultural development and supports a unique New Zealand identity within a global society”.

New Zealand’s national indigenous media organisation, Whakaata Māori, in its own words

“promotes, revitalises and normalises the Māori language by taking a digital-first, audience-led approach in the delivery of educational, entertaining and engaging programming”.

There is a level of intentionality about this which has everything to do with creativity and growth. It is not about burden, but about acknowledging and honouring the place of language as a means to uplift the whole national identity—and by this I mean, in this House, every part of the United Kingdom. The whole point of the digital revolution is to make every sector more accessible, helping us tell the rich story of our diverse cultural and linguistic landscape, but this does need, I think, a statutory basis.

In conclusion, I commend the Government for this Bill and I hope the Minister will be able to look seriously at these concerns about language provision. I look forward to working with him and other Members of this House as the Bill progresses. I finish with a Gaelic thank you: “Tapadh leibh”.