Merchant Shipping (Homosexual Conduct) Bill

Lord Black of Brentwood Excerpts

2nd reading (Hansard): House of Lords
Thursday 6th April 2017 Lords Chamber

[Lord Black of Brentwood (Con)]

My Lords, this is the second time in recent weeks that we have had the opportunity to consider an extremely short Bill, the significance of which is out of all proportion to its length. Unlike the other one, this is a Bill I can wholeheartedly support.

I congratulate my noble friend Lady Scott on shepherding the Bill through this House and thank my good friend John Glen for introducing this important measure in the first place. My noble friend Lord Lexden, who is a stalwart champion in this House of LGBT+ rights, had hoped to be here to support it, but is detained elsewhere. He has asked me to say how strongly he backs this measure.

Although we are dealing here with the Criminal Justice and Public Order Act 1994, this legislation, as the learned noble Lord, Lord Lester, said, is intimately connected with the Sexual Offences Act 1967. Many LGBT+ people are this year commemorating the passage of that landmark legislation exactly 50 years ago. There can be no better way to mark it than to remove from the statute book what undoubtedly is the very last statutory provision penalising homosexuality. Although the statute book will now be clear, as the noble Lord said, its application across the United Kingdom is not yet complete. We have to remember that gay men and women cannot marry in Northern Ireland. It has been a long journey from Wolfenden, at a time when gay men were criminalised, second-class, often outcast citizens, to the complete removal in law of any form of discrimination. That makes this Bill something of a red-letter day for all those who have campaigned tirelessly for justice and equality for LBGT people and against intolerance.

There is a lot to commend this short Bill. As my noble friend said, it tidies up legislation, which is always a good thing. We should spend more time in this way getting rid of outdated laws that have not kept pace with social change, rather than putting new ones on to the statute book. The Bill will remove any remaining ambiguity in the law. Even though, as we have heard, the provisions of the 1994 Act have no legal force, their policy implications are ambiguous and it is right to get rid of them. It might not affect a great number of individuals, but this measure removes any perception of a threat of legalised persecution, particularly for LGBT seafarers. But above all it is of totemic importance. By repealing an odious law that should never have defaced the statute book, it sends out a powerful signal to all individuals, regardless of their sexual orientation, that this House is committed to justice and equality, to tackling prejudice and intolerance, and to bringing an end to any form of discrimination.

Even more importantly, and this is the central point I want to make, I believe it will carry forward a vital message beyond our shores and act as a continuing beacon of hope for LGBT+ people around the world who live in countries that continue to criminalise them and to discriminate against them, often in the most barbaric and degrading ways—a human tragedy that this House has often effectively addressed. Those people, many of whom are fighting for justice in their own countries, rightly see this Parliament as a staunch defender of their rights—indeed, there is no more stalwart champion of that cause than the noble Lord, Lord Lester. They look to us for continuing inspiration in their struggles. After all, it was the UK that bequeathed the horror of criminalisation to much of the Commonwealth, along with a number of other odious laws such as criminal defamation. The significance of this Parliament continuing to root out discriminatory legislation and get rid of it cannot be overstated. That is why the impact of this tiny piece of legislation goes well beyond the issue of sexual relations between sailors.

In one of the debates we had about Turing and the whole issue of posthumous pardons, I mentioned that I had recently reread EM Forster’s great novel Maurice, which centres largely on the issues of historical importance raised by the Bill. Forster’s characters, one of whom was imprisoned for an act of so-called gross indecency, lived in the shadow of that terrible injustice. All those, including merchant seamen, who were sentenced to imprisonment with hard labour around the time that novel was written died with the shame of a criminal record, which is why Forster said on the front page of that masterpiece, “This book is dedicated to happier times”. For people such as him and those ordinary people he wrote about, on land and on the high seas, happier times never arrived. However, they are here now and the Bill allows us to complete a long, tough and most noble journey.

Publishing Industry

Lord Black of Brentwood Excerpts

Wednesday 6th February 2013 Grand Committee

[Lord Black of Brentwood]

I declare an interest as a director of the Telegraph Media Group. The noble Lord, Lord Dubs, is to be congratulated on securing this important debate. Publishing is the lifeblood of a free society. It forms the basis of democracy, our education system and our creative industries; yet its future is uncertain because of the massive impact of digital. Every publisher is faced with the central challenge: adapt your business model or die.

However, in order to find time to adapt, traditional publishers need two things; namely, as little regulation as possible and as much protection for the absolute right to copyright as possible. Both are under attack. I want to flag up three ways in which the Government can help. I agree with everything that the noble Lord, Lord Dubs, said about VAT. As printed material in the UK rightly attracts a zero rate, it is wrong that the electronic equivalent attracts the full 20% rate, which leaves UK publishers at a real commercial disadvantage. Given the rapid development of this market, there is now an urgent need to remove or reduce VAT on electronic publications. I would ask my noble friend if he would talk to his very kindly friends at the Treasury on this point.

As regards music publishers, I should declare an interest as a member of the Royal College of Music Council. Music publishing is an incredibly important business because it is at the core of our creative industries and certainty about copyright is crucial for it to flourish. Of specific concern therefore is the Government’s plan to water down copyright protection—again, the noble Lord mentioned it—which is of fundamental importance to its existence through extending the exceptions for educational use by introducing a so-called “fair dealing exception” which will be available to “all organisations and individuals”. This will increase exemptions in this area to include one-to-one music lessons, Saturday music services and music clubs, and could lead to a proliferation of photocopying of sheet music, which would be a real loss for the UK music publishing industry at a time when it is trying to make life easier for schools which want to copy musical work. I ask my noble friend to ensure that any scheme is sufficiently carefully drafted to protect small, specialist providers of educational material. Perhaps he could write to me to explain how the fair dealing exception will work.

Finally, I come to newspaper and magazine publishing, where the internet has been fiercest. Here we need to ensure that the press in the UK is not subject to any form of statutory content controls which would hugely disadvantage it with global competition. But proposals from the EC High-Level Group on Media Freedom and Pluralism would usher in a draconian European system of controls, including proposals to force media councils to ensure that newspapers comply with European values. These proposals would push the EU into an information dark age and the Government must do everything that they can to stop it. I ask my noble friend for his support on my three points.

Consumers: Low-Cost Flight Information

Lord Black of Brentwood Excerpts

Monday 27th February 2012 Lords Chamber

[Lord Black of Brentwood]

My Lords, I draw attention to the various media interests in my entry in the register. In particular, in view of my comments this evening, I highlight my directorship of the Advertising Standards Board of Finance. I thank the noble Lord, Lord Mitchell, for securing this debate. As we escape from the clutches of winter and many people think about their annual holiday, this is a timely and important subject to discuss. Many hard-pressed travellers will have cause to be very grateful to him.

At the start of my remarks, it is important to highlight three general issues with regard to the information that people receive when booking flights online. First, unfair credit card charges are not solely the preserve of the airline operators. In recent months, I have cursed at my computer screen—which is not an unusual experience in view of my technical illiteracy, but is driven by a sense of injustice on these occasions—when I have had to pay credit or debit card surcharges when buying flowers, wine and chocolate. The latter two are certainly important components of life. This practice, if thankfully not widespread, occurs on too many websites and not just those of airlines.

Secondly, where airlines are concerned, this is not a practice that is restricted to the low-cost ones. Table B1 on page 58 of the OFT report of June 2011, which is very helpfully highlighted in the excellent briefing note produced by the Library for this debate, showed that debit card surcharges were also being levied by bmibaby, Air Berlin and Jet2 at that time, while Iberia, Virgin Atlantic and British Airways were also levying a range of credit card surcharges. Although I have not personally booked flights on all these lines—I obviously need to get out a little more—I suspect that they are all levied with different degrees of transparency. Some are admirable, and I particularly commend the British Airways site, which now identifies many key costs involved in your final fee, including the amount of tax that goes to the Chancellor. Transparency is key.

My third general point is that it is always regrettable when an issue such as this is taken as an opportunity simply to bash the low-cost airlines. I know that this is not a popular thing to do but I will briefly stand up for Michael O’Leary. In recent years, he and others have transformed the airline industry, opening up parts of Europe that once no one ever visited and making air travel affordable to many who could not afford it. Like the noble Lord, Lord Mitchell, I declare an interest as a regular Ryanair passenger to Perugia. However, I think I am 20 minutes nearer the airport than he is, so I get to the cappuccino a little sooner. When levying justified criticisms about how websites operate, we should not forget the contribution that the low-cost airlines make to the consumer.

The reason why passengers feel some injustice when booking holidays on low-cost airlines is that, unlike some other transactions, the booking of a holiday is a major expenditure for consumers, for which they have often saved hard and sacrificed. The levying of a surcharge, particularly if you are not warned about it in advance and are unable to make a meaningful comparison with other airlines, is painful and unfair. However, it is not just the lack of transparency over credit and debit card charges that can be so annoying. In such a dynamic sector as the airline industry, marketing campaigns and websites often sail too close to the wind in terms of providing clear and accurate information, not just about fares and charges but about the provision of free and discounted tickets, availability, travel periods, journey time comparisons, environmental claims, airline comfort and airport names. Those of us who know people who have been stranded for an hour and a half outside Barcelona Airport, thinking that they were going to Barcelona, will know what I mean.

Since the remit of the Advertising Standards Authority was widened in the spring of last year to cover digital advertising, marketing communications on company websites, including the websites of all airlines, are now covered by the provisions and protections of the mandatory advertising codes from the Committee of Advertising Practice. Travel advertising and marketing communication is one of the ASA’s top 10 most complained about sectors. As a result, the ASA has over the years issued guidance to those involved in the travel industry to enable them to ensure that their communications keep within the codes and consumers are protected. In particular, I commend a recent guidance note for the travel industry, which was issued by the Committee of Advertising Practice. It was drawn to my attention by the noble Lord, Lord Smith of Finsbury, who does such an effective job as chairman of the ASA. It covers each of the key areas, setting out rules in a clear and straightforward fashion to ensure that consumers are protected. It is an excellent note.

The ASA is important in considering this issue because of the time that it will take for statutory regulation to deal with this area. I welcome the fact that the Government are consulting on draft legislation to bring forward the provisions of the consumer rights directive relating to above-cost surcharges. I understand that such a move will enable the Committee of Advertising Practice to tighten up its own rules even further. The CAP is currently bound by the unfair commercial practices directive, which is subject to maximum harmonisation.

I understand that the Government’s aim in this area—rightly so—is to ensure that consumers have the information that they need to compare prices readily and that pricing practices are fair. The ASA already requires all taxes and other compulsory charges paid at the point of purchase of the ticket to be clear and up front, and its systems are robust, responsive and flexible. The ASA should remain the first port of call, with the Office of Fair Trading as its statutory backstop for this thorny issue, the tackling of which is of such importance to tens of thousands of hard-pressed travellers. I would be grateful if the Minister could bear those possibilities in mind when considering this issue.

Localism Bill

Lord Black of Brentwood Excerpts

Monday 17th October 2011 Lords Chamber

[Lord Black of Brentwood]

My Lords, I warmly welcome the government amendments. In talking to this group, I declare an interest as a director of the Advertising Standards Board of Finance. I first raised this issue at Second Reading with the health warning that it appeared to be a rather dry and technical issue. So it is, but it has been an important issue to a substantial industry. The outdoor advertising industry in the UK is worth well over £1 billion and accounts for 10 per cent of all display advertising, employing, directly or indirectly, about 15,000 people. It is also a very responsible industry and is fully committed to the codes of advertising practice enforced by the Advertising Standards Authority. Although the noble Lord, Lord Smith, may be able to tell us more, complaints about outdoor advertisements have, as I understand it, dropped by more than 30 per cent in the past year or so. It is absolutely right that we should do what we can to support the industry, and the Government’s amendments—which will give the industry real local power over appeals against enforcement notices—do just that.

I add my thanks to the Minister and her colleagues for listening to the real concerns and for acting. These amendments give real force to the issues that we raised and I warmly welcome them.

[Lord Smith of Finsbury]

My Lords, I support the noble Lords, Lord Borrie and Lord Black, in welcoming the Government’s amendment and I agree with them about withdrawing our alternative amendments.

As chairman of the Advertising Standards Authority I believe strongly in the enormous value of responsible advertising. The outdoor advertising industry is, overwhelmingly, hugely responsible. The amendment ensures that that responsibility and the freedom to advertise that goes along with it will remain firmly in place, and sensibly so. I welcome the Government’s amendment. I thank them for listening and for producing a highly acceptable formula in their amendment.