European Union Referendum Bill

Lord Blencathra Excerpts

Wednesday 4th November 2015 Lords Chamber

Moved by

[Lord Blencathra]

60: After Clause 6, insert the following new Clause—
“Creation of EU Referendum Broadcasting Impartiality Authority
(1) The Electoral Commission shall establish, for the purposes of the referendum on whether the United Kingdom should remain a member of the European Union only, an authority to rule on the impartiality shown by the sound and vision broadcasting media based in the United Kingdom regarding all news and media stories relating to the referendum.
(2) The authority shall be created by the Electoral Commission and be operational within 3 months after the passing of this Act, and shall cease to operate when the polls close on the day of the referendum.
(3) The authority, for the duration of its existence, shall assume and exercise all the impartiality functions currently vested in OFCOM and the BBC to the extent necessary for the fulfilment of its functions.
(4) The decisions of the authority shall take precedence over any decision by OFCOM or the BBC.
(5) The authority shall adopt all the rules on neutrality and impartiality currently applied by the BBC and OFCOM during General Elections but shall be authorised to amend them as it sees fit in relation to the referendum.
(6) The authority shall publish its neutrality and impartiality guidelines as soon as practical after its creation.
(7) It shall be a criminal offence for any relevant broadcaster to breach the guidelines or fail to follow instructions from the authority.
(8) The cost of the authority shall be kept to under £50 million and the costs shall be met from public funds.”

[Lord Blencathra (Con)]

My Lords, I beg to move the amendment standing in my name and those of my noble friends. I think that the new clause tabled by the noble Lord, Lord Pearson of Rannoch, is superior to my version, so I will not go into detail on mine.

I have found it a bit of a long and tiring day, so I ask permission to conclude my remarks from a sedentary position.

An Evening Standard report in April 2012 had extracts from a leaked report carried out by the BBC when my noble friend Lord Grade was in charge. It admitted bias on a range of topics. In that report Andrew Marr is quoted as saying:

“The BBC is not impartial or neutral. It’s a publicly funded, urban organisation with an abnormally large number of young people ... It has a liberal bias, not so much a party political bias. It is better expressed as a cultural liberal bias”.

As Mr Rod Liddle, a former “Today” editor, repeatedly says in his splendid column in the Sunday Times, BBC staff do not set out to be biased and believe utterly that they are neutral and represent middle England. They take their guidance from the Guardian, which they think is an absolutely centrist paper, with the Times a bit to the right and the Telegraph off the right-wing scale. I believe that recently some senior BBC insiders, such as Robin Aitken and Peter Sissons, have also confirmed that there are still institutional prejudices prevalent in the BBC. Of course, when accused of bias, the BBC denies it; but I can recall at least two occasions in the last 10 years when the BBC has said, “Well, yes, we looked at our coverage of immigration issues in the past and it was a bit biased but it’s all okay now”. I think it also said, “We looked at our coverage of the welfare debate and yes, it was biased in the past but we are getting it right now”. So that is the standard defence: we were biased in the past but we are perfect now.

When an organisation called Minotaur Media Tracking measured the level and content of the BBC Radio 4 “Today” programme’s coverage of the European Union, it found that the BBC gave less coverage to EU issues than the newspapers, gave roughly twice as much coverage to pro-EU voices as anti-EU voices and consistently presented the Eurosceptic case as wanting to leave Europe instead of the European Union. I read somewhere recently, but I cannot find it now, that the BBC has concluded that its past coverage of EU issues was slightly biased, but it is going to be okay in the future. In that case, I look forward to interviewers referring to the BSE campaign as the “Britain Stronger in the European Union campaign”—but I do not hold my breath for that.

The EU’s transparency website shows that £20,152,000 was disbursed to the BBC from EU funds between 2007 and 2012. A lot of that went to so-called research and development projects and to creating programmes to bring about change in countries outside the EU. In 2009 alone, the BBC got almost £1 million to,

“provide support for media capacity in the area of EU integration”.

Noble Lords may say that I am biased on this, but surely there is an element of conflict of interest somewhere which calls into question the ability of the BBC to police itself on EU matters when it is receiving funding from the EU.

My new clause suggests that broadcast coverage of this referendum is too important to be left to a combination of Ofcom and internal BBC policing. Everybody trusts the Electoral Commission for its impartiality. I suggest that for the duration of the referendum only, all media monitoring of TV and radio currently carried out by Ofcom and the BBC should be transferred to a unit under the control of the Electoral Commission. Noble Lords can read the subsections for themselves, and I will not bore the Committee by reading and explaining them. Indeed, I will go further: I know that this new clause is going nowhere, so I do not expect, and the whole Committee would not want, my noble friend to spend a long time demolishing the eight subsections and pointing out their inconsistency, inappropriateness, illegality and everything else that is wrong with them.

My intention is to highlight to the Government that there is a track record in the BBC of bias on EU issues and it would be intolerable if it continued right up to referendum day. No one wants to interfere with the independence of the BBC, but I believe that we should interfere with the bias of the BBC, since I believe it exists. All I want to hear from the Minister—my noble friends may wish for other things—in her wind-up tonight is what the Government will do to ensure that the broadcast media are absolutely fair, impartial and unbiased in all their reports, news and programmes leading up to polling day. As soon as the exit poll is issued, I do not care what happens. I beg to move.

[Lord Pearson of Rannoch (UKIP)]

My Lords, my Amendment 61BA is similar to Amendment 60, to which I have also put my name and which has just been moved by the noble Lord, Lord Blencathra. I suppose the inspiration for both these amendments— I confirm that my amendment is also a probing amendment—is that we do not entirely trust the broadcasting media to be impartial throughout the referendum campaign, so we feel that they need a little extra assistance in this regard in the shape of the temporary broadcasting adjudicator suggested by this amendment. The noble Lord’s amendment suggests a temporary broadcasting authority.

My experience of the BBC’s EU coverage goes back to 1999, since when I and others have been sponsoring independent analysis of that coverage, to which the noble Lord, Lord Blencathra, was good enough to refer. I had a debate in your Lordships’ House on 11 March 2002 which revealed the early results of our initiative, and another on 7 May 2014. Both debates are relevant to these amendments and suggest the need for them. Both amendments require the impartiality of broadcasters in dealing with the conflicting claims made by each side of the argument. However, my Amendment 61BA goes further and requires the new adjudicator to judge whether the BBC has covered a sufficiently broad scope of subjects about our EU membership to allow the electorate to reach an informed opinion about their future. Broadcasting bias is not only bias about the subject in question; there is of course also bias by omission.

I have singled out the BBC because only the BBC, under its charter and guidelines, has the duty to educate and inform. That duty would still apply to areas which may not have been raised by either side of the referendum debate. Your Lordships may feel that every conceivable argument under the sun will be raised by one side or the other during the campaign, but I am not so sure.

For instance, I suppose it is possible that neither side will deal with the founding big idea behind the project of European integration, which was that European nations had caused so much bloodshed that they had to be gradually emasculated and put under a new form of technocratic government—hence the EU’s claim to have brought peace to Europe since 1945. Hence also the almost unbelievable powers of the European Commission at the expense of national Governments. I am not sure that either side will go sufficiently into all this, and so I feel it should be the duty of the BBC to do so if they do not.

It can be difficult to know where you want to go if you do not know why and how you have got to where you are—the direction of travel. Even if the campaigns do touch on these areas, I fear they do not lend themselves to soundbites, and so they may be covered inadequately. If so, I suggest the BBC should examine them dispassionately and in some depth—and very interesting it would be, too.

In conclusion, I am happy to report that the BBC’s coverage of EU matters has improved recently. We have had John Gray delivering a learned critique of the euro on “A Point of View”. We have had an Icelandic politician assuring us that the UK would be welcome and better off in EFTA. We have had a Nissan executive explaining why his company would not necessarily relocate outside the UK if we left the EU. We have had Nigel Farage being interrupted only by rapid fire instead of his usual machine-gun treatment. Best of all, the wonderful Labour MP Kate Hoey has even been allowed to make some of the case, on the “Today” programme, for the UK to leave the EU.

These are all absolute firsts for the BBC. Nothing like them has ever happened before. I trust that they are the first signs that the BBC is at least going to try to be fair in the forthcoming campaign. But old habits die hard, and so I trust that it and the other broadcasters will welcome the additional encouragement proposed by these amendments.

[Lord Wallace of Saltaire (LD)]

My Lords, these amendments are totally without merit, but I just want to remark that the noble Lord, Lord Pearson of Rannoch, has suggested that we need controls on the broadcast media. I assume he means we should be as tough on Sky as on the BBC, or perhaps he wishes to take on only the BBC under that heading. Perhaps we should take on all the media. We had a great debate about how much we need tougher press regulation. I am sure noble Lords would want to consider the biases of the Daily Mail and occasionally the Daily Telegraph, whose Brussels correspondent for many years was a joker called Boris Johnson, who used to make up the most wonderful stories, most of them entirely without basis, about what was wrong with the European Union. Is it perhaps that we are having an attack on just the BBC?

I have read in the Spectator and various other publications that, because the BBC has received a certain amount of money over the years, amounting to a maximum of 0.3% of BBC income for any given year—largely to fund the development of broadcasting in Serbia, Moldova and other eastern neighbourhood countries—it is unavoidably biased in favour of the European Union or perhaps has almost become a vassal of the European Union, which is the phrase used by the noble Lord, Lord Forsyth.

The BBC does have a certain bias: it is a bias in favour of evidence—that may be the liberal bias, I say to the noble Lord, Lord Blencathra. I know that evidence is sometimes a little difficult for some. The part of the “Today” programme that I find to be biased is its tendency to take the headlines in the Daily Mail as the basis for some of its stories. That is a bias with which I am rather unhappy.

The BBC has had two reviews in the past 10 years on accusations of bias, the Wilson review in 2005 and the Prebble review in 2013, both of which were thorough and both of which said that the BBC did not display a deliberate bias. I have seen Nigel Farage on “Question Time” more times than I really wanted to in the last 18 months. They have given him a fair crack of the whip. I do not see that the BBC should be pushed further in one direction or another. We understand what is going on. While the right-wing press’s dominance in the print media, with the competitive broadcast media interest that the Daily Mail and the Murdoch press have—hence their constant attacks on the BBC—is acceptable, the BBC, because it is seen to be prepared to explain how globalised the world has become and how difficult it sometimes is to manage national economies without a degree of international co-operation, must necessarily be biased. As I have said, there have been BBC reports; they have both cleared the BBC of bias. The accusation that the BBC has been significantly funded by the European Commission and is thus dependent on it is not valid.

[Lord Blencathra]

I was not suggesting that the BBC is so heavily funded that it is dependent on EU funding. The funding of £20 million over the past five years, running at around £3 million per annum, is not to be sneezed at. Floating voters, or the public, get 75% of their information from the broadcast media, not from the press. The press is largely irrelevant in influencing elections because it is read by people who are already committed. As far as press balance is concerned, the Mirror, the Guardian, the Independent and the Financial Times will be rabidly pro staying in Europe. That leaves the Times and the Sun sitting on the fence until Mr Murdoch does his opinion poll to decide who is going to win. The Telegraph will probably be against staying in and the Daily Mail probably will be as well. Finally, I respect the intellect of the noble Lord, but if he seriously thinks that the editors of the “Today” programme are spouting Daily Mail propaganda or taking that for their lead stories, he is living in another world.

[Lord Wallace of Saltaire]

My Lords, I merely observe as a frequent reader of the Daily Mail that the broadcast media, in particular the “Today” programme, take their cues from the stories that are in the morning press, particularly the Daily Mail, which, as we all know, is the most influential printed newspaper in this country and we all follow it.

I think I have said enough. I see no merit in this amendment. I know where it is coming from. I have read those who have suggested that the BBC is significantly dependent on the EU as a result of this—that is part of the paranoia of the Bruges Group right. I note that the noble Lord, Lord Blencathra, used the expression “rabidly” for those who are pro-European and “moderate” for those who are not. Again, that is a perhaps a matter of unintentional bias on the part of the noble Lord, but I leave it there.

[Lord Blencathra]

I applied “rabidly” to the Financial Times, which is more rabid than the Guardian in wanting to stay in Europe—and being wrong.

--- Later in debate ---

As such, it is right that both the BBC and Ofcom put in place enhanced complaints-handling mechanisms for the referendum period that can provide swift and effective redress to serious concerns, as they have set out that they will do in writing to the Secretary of State for Culture, Media and Sport. On the basis of that response, I request that my noble friend withdraw his amendment, and invite the noble Lord, Lord Pearson of Rannoch, not to move his Amendment 61BA when it is reached in the list.

[Lord Blencathra]

My Lords, I am most grateful to the Minister for that incredibly robust response: it is a tougher response than I anticipated when I tabled my amendment. I say to the noble Lord, Lord Collins, that I was not “having a go” or probing: it was more a shot across the bow, or rather flagging up a very important issue, because we cannot have biased reporting in this campaign from any broadcasting media outlet.

[Lord Wallace of Saltaire]

If this is to be brought back at Report, can we be assured that Sky and other broadcast media will be included in the coverage?

--- Later in debate ---

[Lord Blencathra]

I do not intend to bring it back on Report, now that I have heard my noble friend’s response —but if I do bring it back on Report, it would be a very detailed clause that is much more accurate than the one we are discussing at the moment.

I was going to say that I had no idea that my right honourable friend John Whittingdale had actually written to the BBC, the other broadcast media and Ofcom, and I had no idea about the reply. That might explain why the noble Lord, Lord Pearson, says that he has identified—as I have as well—that the BBC has been more neutral on EU issues over the last few months. That is all that we wanted to achieve: we want that neutrality.

This very important little debate has taken only 30 minutes, and it is on the basis of two new clauses that were shot full of holes to begin with, but we have got some very important answers. As a little aside, I see my noble friend Lord Tebbit in his place; he has, in the past, as Conservative Party chairman, complained about BBC bias. Perhaps if he had bunged them £3 million a year from the Conservative Party, he might have got more favourable coverage. I am very grateful to my noble friend for her response tonight; I look forward to reading the letters and I beg leave to withdraw my amendment.

Amendment 60 withdrawn.

--- Later in debate ---

[Baroness Anelay of St Johns]

At this time of night, it is tempting simply to say, “I agree with the noble Lord, Lord Collins of Highbury”, and thereby with my noble friends Lord Tebbit and Lord Forsyth, but I have a duty to put on record the reasons why the amendments are not welcome.

Amendment 61, moved by the noble Lord, Lord Wigley, on behalf of the noble Lord, Lord Liddle, seeks to ensure that votes cast in the referendum are counted and declared separately for Scotland, Wales, Northern Ireland and England. I can give an assurance that, under the Political Parties, Elections and Referendums Act 2000 and the Bill, that is already the case. Counting officers will declare separate results for Northern Ireland and Gibraltar. Regional counting officers will declare separate results for Scotland and Wales. In addition, the chief counting officer will declare results for the combined UK and Gibraltar, which will then be the overall result of the referendum.

It may assist the Committee if I set out briefly how the 2000 Act already achieves this, just to put to bed—so to speak, at this time of night—any remaining questions. The Bill provides for the UK and Gibraltar to be divided into different voting areas and for groups of voting areas in Great Britain to be treated as different electoral regions. The referendum will be administered on the ground by counting officers, one for each voting area. In England, Scotland and Wales, these will be the returning officers who act at local elections and the voting areas will mirror local authority areas. Northern Ireland will form a separate voting area and its counting officer will be the Chief Electoral Officer for Northern Ireland. Gibraltar will also form a separate voting area and its counting officer will be the Clerk to the Gibraltar Parliament.

The chief counting officer may also appoint a regional counting officer for each electoral region in Great Britain. The electoral regions mirror those for the European parliamentary elections. Scotland and Wales will each form an electoral region; separately, clearly. England will be divided up—I prefer that to “broken up”—into nine regions. Regional counting officers will co-ordinate the actions of counting officers and deliver the referendum in their region. Under the 2000 Act and the Bill, each counting officer must count the votes cast and make a declaration as to the votes cast in his or her voting area. Each regional counting officer must do the same in his or her region and the chief counting officer must make a declaration of the votes cast across the whole of the UK and Gibraltar.

[Lord Blencathra]

Does that mean that we will not have individual declarations in each district council area but that they will be aggregated and we will hear a declaration from a European region? I presume that we will still get access the next day to the figures for each district council.

[Baroness Anelay of St Johns]

The short answer is pretty much yes—there will be local reflection of that. The effect of the provisions is that there are separate results declared for the regions that are the subject of this amendment; Scotland and Wales separately, because they are electoral regions and that is their process; Northern Ireland and Gibraltar, each of which is called a voting area, separately; and further declarations will be made by the regional counting officers in each of the regions of England. It will be possible to add together all the published information to produce the result for England as a whole. So we get there in the end.

Amendment 61C, in the name of the noble Lord, Lord Wigley, seeks to impose a so-called double majority lock. Under this amendment, the chief counting officer could declare that a majority had voted in favour of the UK leaving the EU only if there is a majority for that result in each of England, Wales, Scotland and Northern Ireland. I have made it clear that I agree entirely with my noble friends Lord Forsyth and Lord Tebbit and the noble Lord, Lord Collins, that that is not at all appropriate. It is a decision for the whole country. The people of Great Britain, Northern Ireland and Gibraltar will have a vote, and each vote will and should count equally. That is the only fair way to take a decision of this magnitude. We are one United Kingdom. The referendum will be on the United Kingdom’s membership of the EU and it is right, therefore, that there will be one referendum and one result. I invite the noble Lord, Lord Wigley, to withdraw Amendment 61.