Local Digital Television Programme Services Order 2012
Debate between Lord Clement-Jones and Baroness Rawlings(12 years, 9 months ago)
Grand CommitteeRead Full debate Read Hansard Text
Lord Clement-Jones
My Lords, I entirely agree with everything that my noble friend Lady Bonham-Carter has said, and perhaps I may ask the Minister a quick question about detail. Will local television be entitled to an average of nine or seven minutes’ advertising an hour?
Baroness Rawlings
My Lords, I thank all noble Lords who have contributed to this short debate with many very valid points and interesting questions. I will try to respond to as many as possible.
The noble Baroness, Lady Jones, asked about the declining pool of advertising revenue. Local television is expected to take less than 3 per cent. We are creating new opportunities for existing local media to diversify their business through television. Local television has the potential even to grow in the television advertising market.
Why do we include London, which has a large population compared to many other places? London’s local licence is separate from the BBC and ITV regional offer. London TV will be required through licence obligations to meet the needs of local London viewers. Like all such programmes, they will be tailored to local needs and requirement.
Regarding ownership of local television services, the Ofcom beauty contest, which will be starting quite soon, means that the bidders offering content that is most relevant to local viewers will be more likely to win a local licence. Licence conditions will include localism criteria, so that licensees will need to provide content of interest to local audiences that will support local democracy. Any local cross-media mergers will be subject to competition law and to the media public interest test.
The noble Baroness asked several questions about regulating the content of local TV. The broadcasting code will apply to local TV services, which will therefore have to make certain that any news programmes are impartial and accurate—the same as applies to other television news programming. These new services will be a way to increase the provision of quality local content supported by licence conditions imposed by Ofcom.
Regarding the impact on the wider local media, we do not expect local television to take away large amounts of local newspaper advertising revenues. Research by Enders Analysis, which the noble Baroness might have seen, suggested that local TV could take approximately 3 per cent of the existing local advertising market. We also expect that local newspapers may well be interested in bidding to run local television services as a way of diversifying their portfolios.
The noble Baroness asked about quality and impartiality. Ofcom’s scrutiny process will produce incentives to competition and to bidding for local television licences, thereby driving up quality. All news shown by local television will have to be impartial and comply with the broadcasting code, which is very important.
The noble Baroness asked whether there was demand and why previous attempts failed. Ofcom research clearly shows high demand for local content. As she mentioned, Nicholas Shott looked very carefully at commercial validity. Previous local television providers were available but low on the EPG list, and on analogue. Our proposals secure high EPG listing and create incentives through the spectrum and licensing. This is a new framework, which was not previously available.
What happens when the BBC funding runs out? We have worked hard to understand the issues around commercial viability for local television. The framework that we are putting in place offers the best chance for viability, with assistance from the BBC, EPG prominence, an appropriate licensing framework and the reservation of spectrum. With all these factors in place, and an enthusiastic local market, we expect local television to be viable.
My noble friend Lady Bonham-Carter asked about audience measurement. Through the licensing regime, we are enabling the creation of and participation in a local TV body. This body will be able to invest in audience research, such as BARB. My noble friend also asked what will happen after three years. Local television will be in a commercial position and the advertising offer should be in place after three years to make long-term sustainability certain.
My noble friend Lord Clement-Jones asked about timing. No decision has yet been made. Whether local television will be entitled to seven or nine minutes of advertising an hour is a matter for Ofcom. It will rule on that, along with all the other areas on which it will be rule.
Finally, I reiterate that this legislation creates new opportunities for businesses and audiences. The strategic framework being put in place means support from the BBC, prominence on electronic programme guides, allocated spectrum and a new fit-for-purpose Ofcom licensing regime. This will help local television to become a fundamental part of the broadcasting landscape in the UK, which will in turn support local democracy, increase local public service content and act as a driver for growth in the local media market. I am most grateful for all the clarifying questions that the noble Baroness asked.
Creative Industries
Debate between Lord Clement-Jones and Baroness Rawlings
Baroness Rawlings
My Lords, I start by adding to the sentiments of all noble Lords who spoke in appreciation of my noble friend Lady Bonham-Carter having given us the opportunity to discuss the role of the creative industries in the United Kingdom. As we heard, not since the debate on the same subject in June 2009, secured by the noble Lord, Lord Bragg, have we been able to debate at length the importance of their impact. In 2009, it was clear that there was a vast knowledge and commitment in your Lordships' House; today, it is evident once again that your Lordships are as passionate and committed as ever to the creative industries and their contribution to the UK economy.
Perhaps I may especially commend the maiden speech of the noble Viscount, Lord Colville. It was delivered with great modesty. He highlighted the issue of unpaid internships, which is certainly a pressing challenge for these industries. The key will be to find a balance between making these valuable opportunities available to young people and making certain that they are not exploited and that these are genuine learning experiences. It is already clear that your Lordships' House will benefit from the noble Viscount's wide experience in areas ranging from his work as a BBC producer on “Newsnight” in Moscow during the collapse of the Soviet Union to his current projects, one of which is a programme about the physics of the climate. We wish him luck and look forward to hearing him very frequently in this House.
My noble friend Lord Grade, in his eloquent and naturally well informed speech, raised an important point about television advertising and the continuing competition remedy known as contract rights renewal. CRR has formed a major part of the recent Communications Select Committee’s inquiry and subsequent report on the regulation of TV advertising, which we will debate later today. I hope that my noble friend might be able to speak in that debate as he knows so much about the subject. My noble friend also raised the issue of “must carry”. I relished the reference to Ongar, which was part of my old Essex South West constituency, being “one station beyond Barking”. A number of responses to the Secretary of State’s open letter on the communications review raised the issue of transmission charges paid by the BBC and other PSBs to satellite operators. No doubt we will consider the issue in the communications review Green Paper.
I listened with great interest to my noble friend Lord Black's concern about the local press. The question we must consider is whether one reference decision by the Office of Fair Trading is enough to undermine the whole merger regime. Obviously this appears not to work for local newspapers, and I believe that the answer should be no.
The noble Lord, Lord Smith, answered many noble Lords' questions regarding the film industry's role within the creative industries. We are grateful to him for chairing a body with an eight-strong independent panel of industry experts. I will come back to further points made by the noble Lord later.
In answer to the question of my noble friend Lord Clement-Jones about economic contribution, the UK's creative industries are part of the digital economy to which we can look with confidence for growth in future. In these challenging economic times, that makes them particularly important. I will mention later what the Government are doing on this. However, the figures speak for themselves: the creative industries contribute 5.6 per cent to the UK economy as a whole—around £59 billion a year; 1.3 million people are employed in creative jobs; and UK creative exports were worth £17 billion in 2008, which represented around 4.1 per cent of all goods and services exported. Over the past decade, the creative industries have grown faster than the rest of the economy. Recent forecasts by PricewaterhouseCoopers suggest that the UK entertainment and media market will grow by an average of 3.7 per cent per year for the four years to 2014, compared with 2.6 per cent over the same period for the economy as a whole.
My noble friend Lord Fowler asked whether BBC Worldwide should be considered in the forthcoming communications Green Paper. We are discussing this and I hope that the Green Paper will be produced soon. It will look at whether any change is needed to the law. The Communications Act 2003 has held up well, but we need to give it a proper check-up, which will take into account works such as Hargreaves and the Leveson inquiry.
I would like to outline just a few areas where the UK has demonstrated its particular strengths. The status of English as a global language has made the UK a world leader in creative content, giving UK producers a huge advantage in global markets. This is illustrated by the strength of our publishing and music industries, and the value of TV programming, both at home and especially in export sales. In 2010, the UK strengthened its position as one of the only two net exporters of music, growing its trade balance three times faster than the US. British talent is behind many iconic, globally successful games titles too. I am told that these include “Grand Theft Auto” and the UK online video game “Moshi Monsters”, now with 50 million users and one of the fastest growing children's entertainment brands in the world.
Among other topics, my noble friend Lady Randerson, the noble Earl, Lord Clancarty, and the noble Lord, Lord Bichard, mentioned the importance of fashion. I agree with them. The UK is at the cutting edge of international fashion and this year industry forecasters named London Fashion Week the number one fashion week in the world, overtaking Paris, New York and Milan. The noble Lord, Lord Bichard, referred to Vivienne Westwood. She even designed the graduation robes for King’s College, London.
Britain is one of the few countries in the world to have not one but five dedicated PSB broadcasters: BBC, ITV, Channel 4, channel Five and not forgetting S4C. British television produces programmes that are popular around the world, such as “Doctor Who” and “Downton Abbey”.
My noble friend Lord Razzall talked of our success in Cambridge. He is right about our many creative industries there. As we heard on the “Today” programme this week, ARM Holdings, a global company with its headquarters in Cambridge, is the world's leading semi-conductor intellectual property supplier and as such is at the heart of the development of digital electronic products. We need consistently to work to maintain these successes, and continue to retain our share of the growing global market, estimated by UNCTAD to be worth nearly $600 billion, for creative goods and services in an increasingly competitive world.
I can reassure the noble Baroness, Lady Jones, that the Government and especially the Secretary of State fully understand the importance of the arts, both culturally and economically. I suggest that the Arts Council’s settlement was not bad in the current circumstances. I am sorry that the noble Baroness, Lady Jones, felt a need to criticise the Secretary of State. Perhaps she needs to improve her computer skills as both the Secretary of State and the Minister Ed Vaizey are constantly producing new ideas and are on the wavelengths. As our Secretary of State Jeremy Hunt set out in his superb speech at the Royal Television Society conference this year, which is on the web, our first priority must be to capitalise on the extraordinary opportunity presented by our digital and creative industries to drive economic growth.
The noble Lord, Lord Bilimoria, wanted to know whether the Government had given this area top priority. I can say to him yes. In March this year The Plan for Growth included a package of support for the digital and creative industries. These measures are designed to achieve strong, long-term, balanced growth that is more evenly shared across the country and between industries. The Government have established the Creative Industries Council to be a voice for this most important area, and to be a place where Government and council members, who are leading figures drawn from across the creative and digital industries, can work together to tackle barriers to growth facing the sector.
My noble friend Lady Benjamin stressed the challenges identified by the council, including lack of access to finance, skills shortages, the need for better access to export markets and the need to improve the intellectual property regime. I know of the noble Baroness’s preoccupation with children’s programmes and I note her concerns. We have discussed this frequently and no doubt we will come back to it. The council has established working groups on skills and access to finance as a first priority and it will report in 2012, so I agree with the noble Lord, Lord Bilimoria, and the noble Lord, Lord Hollick.
My noble friend Lord Clement-Jones rightly lays emphasis on skills. In tandem with the skills working group of the council, a number of actions have been taken forward to improve skills in the digital and creative industries. These include identifying 360 science, technology, engineering and maths—STEM—ambassadors from the creative and digital industries, and encouraging graduates from the sciences, technology and maths to seek out careers in these sectors.
I have great sympathy with the worries of my noble friend Lady Bonham-Carter and of several others about not including the arts, such as music, and computer sciences in the EBacc. This is a matter for the Education Secretary, but it does not stop these subjects being taught in schools.
My noble friend Lady Randerson and several noble Lords were concerned about superfast broadband. Superfast broadband is a key business growth enabler, and £530 million is being invested over the next four years in order to create the best superfast broadband network in Europe by 2015. We heard the other day that one of Italy’s problems is that it has fallen behind with broadband compared with what we are doing here. The Government have taken further action towards the goal of making certain that all businesses in enterprise zones have access to superfast broadband by 2015, with Broadband Delivery UK considering and addressing where there are gaps in local broadband plans. I know this is an area in which the Secretary of State is particularly interested.
The noble Lord, Lord Rowe-Beddoe, mentioned the importance of the Hargreaves review of intellectual property and growth, which set out recommendations for how the UK's intellectual property framework can further promote entrepreneurialism, economic growth and social and commercial innovation. The Government published on 3 August its response to the Hargreaves report. This included a commitment to establishing licensing and clearance procedures for orphan works. Government will shortly consult formally on proposals taking forward the Hargreaves recommendations. I am happy to address the noble Lord’s concerns on music and congratulate him on stressing the importance of the conservatoires.
The national plan for music education will be published shortly and will set out new arrangements for creating local music hubs expected to support all young people’s music making and offer routes for progression. These might include music industry-based provision and information. I am also fully aware of the importance of the jazz industry, mentioned by my noble friend Lord Colwyn, and I hope his suggestion of jazz will be included.
My noble friend Lord Colwyn also pointed out the need for clarification around the licensing of sites for live music. The Government remain committed to scrapping unnecessary red tape. We support the Bill introduced by my noble friend Lord Clement-Jones and are consulting on a broader approach. I will make sure that my noble friend’s concerns are made known, and I will take them back to my department. However, I must not pre-empt the consultation, and there are concerns on the other side.
This debate has highlighted the fact that the creative industries make a strong contribution to the UK economy. They are worth £59 billion to the economy, and a significant number of people are working to create a dynamic and innovative part of our economy. I wholly agree with the noble Lords, Lord Smith and Lord Stevenson, about the importance of the value of intellectual property in a digital world. We are committed to implementing the Digital Economy Act, and we hope that the initial obligations code will be abolished shortly.
The noble Lord, Lord Smith, also mentioned that it would be wrong to see the creative industries in purely economic terms. My noble friend Lord Shipley also explained this point very clearly. The creative industries make an enormous cultural contribution to this country and to the wider world, and what is being developed in Salford and the north-east is also important. Indeed, the creative industries enhance our reputation as a global creative and cultural leader. It is vital that we understand and continue to make the case for the importance of the close relationship between the arts and the creative industries.
I quite rightly pay tribute to our recent successes in the cultural sphere, which were mentioned by the noble Baroness, Lady McIntosh, whether they be the successes of UK-produced plays such “War Horse” or “Jerusalem” on Broadway, “Downton Abbey”, written by my noble friend Lord Fellowes, winning four Emmy awards, the Frieze Art Fair bringing the world’s collectors to London or the film “The King’s Speech” sweeping the board at the Oscars.
My noble friend Lord Glasgow and other noble Lords asked about the film industry. It is a cultural achievement of which we should be proud. It illustrates the strength of the UK’s creative industries.
The noble Lord, Lord Stevenson, asked about games tax relief. I will write to him with the details.
As we have heard in your Lordships' House today, the creative industries are a sector that we ought to celebrate as a nation. The Government will continue to play their full part in making certain that they remain a global success story. I thank all speakers in today’s extensive debate who have shown such an interest and offered such well informed views. I have certainly learnt a great deal, and in this short time I hope to have answered most noble Lords’ questions. I ask for forgiveness from the noble Earls, Lord Glasgow and Lord Clancarty, and the noble Lords, Lord Macdonald, Lord Sharkey and Lord Stevenson, if I have not answered all their questions. I will read Hansard, and I will, of course, write to any noble Lord who has not had their points addressed and put a copy of the letter in the Library.
In conclusion, I once again thank my noble friend Lady Bonham-Carter, who has brought this important topic to the House.
Lord Clement-Jones
My Lords, I apologise for interrupting the Minister but, specifically, I wonder whether she will write on the question of finance for start-ups in the creative industries. I did not hear anything specific on that, and that question was asked by a number of noble Lords and is crucial to the creative industries.
Baroness Rawlings
My noble friend raises the point at a very opportune moment, with my noble friend Lord Sassoon sitting next to me. No doubt it will be taken into account.
I applaud again the maiden speech by the noble Viscount, Lord Colville, on this important topic that my noble friend Lady Bonham-Carter raised, which has afforded your Lordships such a constructive and creative debate.
Audiovisual Media Services Directive
Debate between Lord Clement-Jones and Baroness Rawlings
Lord Clement-Jones
To ask Her Majesty’s Government whether they intend to review the operation of the Association for Television on Demand in the regulation of video on demand under the Audiovisual Media Services Directive.
Baroness Rawlings
The AVMS—audiovisual media services—directive has been implemented by way of co-regulation under which Ofcom has given the day-to-day responsibility to the Authority for Television on Demand, which to simplify I will refer to as ATVOD in future. It is for those two bodies to make certain that the system works. Ofcom plans to review this after March 2012. Ministers are aware of the range of concerns that have been discussed with Ofcom, ATVOD and the industry.
Lord Clement-Jones
My Lords, I thank my noble friend for that reply, which is reassuring because surely ATVOD is everything an industry-based co-regulatory scheme should not be: expensive, too wide in scope, far from light touch and, indeed, already giving rise to litigation. I am delighted to hear that the DCMS will be making sure that ATVOD is fit for purpose.
Baroness Rawlings
My noble friend Lord Clement-Jones makes a very good point. Our regulations specifically require that the fees be justifiable and proportionate in respect of each provider. We are aware that the regulations will inevitably have a cost, but we look to the regulators to make certain that that cost is minimised.
Video Recordings Act 2010
Debate between Lord Clement-Jones and Baroness Rawlings
Lord Clement-Jones
To ask Her Majesty’s Government when they will launch a consultation on the current exemptions from regulation under Section 2 of the Video Recordings Act 2010.
Baroness Rawlings
My Lords, Her Majesty's Government will launch a consultation paper by the summer. Publication has unfortunately been delayed because of the absence of evidence and statistics on the issue. Time is needed to secure the relevant evidence and statistics in order to make the base of evidence credible.
Lord Clement-Jones
My Lords, I thank my noble friend for that helpful reply, but this is unfinished business from last year’s Digital Economy Act. As my noble friend will have seen, the recent parents’ online poll on the Mumsnet website demonstrates conclusively the importance that parents attach to proper classification of some of those products which are currently exempt. I noted that the Minister said “by the summer”, but if the evidence is collected earlier than that, will the Government institute the consultation as soon as possible?
Baroness Rawlings
My noble friend Lord Clement-Jones is absolutely right. We have read the results of the Mumsnet survey with interest. It presented an interesting snapshot of views on some of the issues. We hope that people will respond as well to our larger, more detailed consultation in due course. We note that the survey did not reveal the possible criminal sanctions that already exist. Many noble Lords across the House are interested in this subject. I acknowledge that my noble friend has been pressing for legislation to remove exemptions for a long time. If we can get the evidence earlier, we will do so.