Creative Sector

Lord Foster of Bath Excerpts

Thursday 4th November 2021 Lords Chamber

[Lord Foster of Bath (LD)]

My Lords, I begin by congratulating the noble Lord, Lord Spencer, on a truly interesting—which is often not the case—maiden speech. I also congratulate my noble friend Lady Featherstone on not just securing this important debate but, as the noble Baroness, Lady McIntosh, rightly said, on her excellent speech, which I hope will influence government thinking.

It seems to me that the Government have a Jekyll and Hyde approach to the creative sector. They rightly talk up its importance and, to be fair, have directed significant sums to help the sector during the Covid pandemic—yet in many ways they fail to understand the sector and its specific needs. This can be illustrated by many examples, such as the furlough scheme failing fully to take into account the sector’s particularly large number of freelancers and part-timers and the Government’s dismal betrayal, in the Brexit negotiations, of musicians and other creative performers whose livelihood comes from touring within Europe. Further evidence is provided, as we have heard, by the Government’s threats to cut the BBC down to size or to privatise Channel 4, failing to appreciate the importance of those institutions in the wider creative sector ecology.

In the limited time available, I will concentrate on just two other government policy areas to illustrate their failure to understand and respond to the creative sector’s needs: the talent pipeline and the importance of protecting intellectual property. Post-Brexit talk is all about developing homegrown talent yet, as far as the creative sector is concerned, government policies are hindering such development. For example, soon after the introduction of the apprenticeship levy it became clear that there is no one-size-fits-all scheme, and the creative industries argued for a bespoke one to meet their requirements and ways of working. Only now, after several wasted years, are trials of a more appropriate scheme taking place. I hope the Minister can update us on what is happening and that he will acknowledge that the failure to act sooner has meant that, as ScreenSkills has claimed, there are only one-quarter as many creative industry apprenticeships as there could have been.

While the Government are at last beginning to listen in relation to apprenticeships, the same cannot be said for what is happening in our schools—an issue raised so powerfully just now by the noble Lord, Lord Berkeley. The failure to include arts and creative subjects within the EBacc has led to students being discouraged from studying them and encouraged instead to focus on subjects that form part of the EBacc. Government workforce statistics show this very clearly, with a sizeable decrease in the teaching of non-EBacc subjects. For example, in the past 10 years art GCSE entries have declined by 37% and design and technology entries by nearly 60%. Not surprisingly, A-level entries in arts and creative subjects have also declined dramatically. A-level music entries are down by 44% since 2011. This is hardly a recipe for developing homegrown talent in the creative sector.

That is why we on these Benches have long argued for the inclusion of creative subjects within the EBacc—and we are not alone. The Commons DCMS Select Committee recommended it way back in 2013, and in June of this year the Commons Education Select Committee made a similar recommendation. To date no Minister has given a convincing justification for rejecting such recommendations, so I will listen with interest to our Minister’s attempt. And, while he is doing it, recalling that his party’s 2019 manifesto promised

“an ‘arts premium’ to secondary schools to fund enriching activities for all pupils”,

will he tell us when it is coming?

Now creative subjects in our universities are under threat, with an inevitable impact on the talent pipeline. The universities regulator has confirmed that it will be cutting its funding for arts subjects by 50% and, worse, we now hear that the Treasury is pressing for a reduction in the number of students studying such courses on the grounds that they are less likely to pay back their student loans. I hope the Minister can assure us that such pressure from the Treasury will be resisted.

To date, the Government have not listened to concerns about the talent pipeline, but I hope they might do about intellectual property. The generation and exploitation of IP is a defining feature of the creative industries. Piracy is a major threat to that exploitation. One of the problems in tackling it is that digital service providers do not verify the identities of those using their services, so pirates can make millions from their illegal activities without being identified. The Government have now said that they will look at how Know Your Business customer regulations might be introduced to deal with this problem. Can the Minister therefore update us on how that work is being taken forward and when he expects it to be concluded?

Finally, I have previously asked the Minister about the future of the IP exhaustion regime and the possibility that the Government may introduce an international rather than a national one—a move the sector believes will be devastating. So far, we have been told that the options are being reviewed and a decision will be made in due course. Given the importance of the issue, can the Minister say why it is taking so long, when we are going to hear and why the Government are even considering an option that could be an existential threat to our creative industries? The Government talk up the creative industries but must do more to understand them.