BBC
Debate between Lord Foster of Bath and Earl of Courtown(8 years, 3 months ago)
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Lord Foster of Bath (LD)
My Lords, I, too, thank the Minister for repeating the Statement. I certainly believe that the BBC is the best broadcaster in the world and one of the greatest gifts that we have given to the world, and on these Benches we will base our judgment of the draft charter and agreement on whether they protect the independence, impartiality and popularity of the BBC.
The Government did not get off to a very good start by requiring the BBC to fund free licences for the over-75s. That move has meant a huge cut to the BBC’s income but is also wrong in principle. Government policy should be paid for by the Government through general taxation, not by top-slicing the licence fee.
However, there is much to be welcomed in the draft charter, from the increased emphasis on diversity—which I hope we will see as much behind the camera as in front of the camera—to the scrapping of the BBC Trust, which had the incompatible tasks of being both a flag-waver for the BBC and a regulator of it. Like the noble Lord, Lord Stevenson, I believe that the proposed new unitary board, with Ofcom as regulator, is a far better approach. But while acknowledging that improvements have been made since the White Paper, we believe that all non-executives on this board should be independently appointed, as is the case, for example, with judicial appointments.
The current trust is far less powerful than the proposed unitary board, which will set the BBC’s editorial direction, make key decisions on programmes and even have a say on how the BBC manages news. What defence can the Minister offer to the argument that giving these important powers to, among others, government appointees will understandably lead to the accusation that we are creating a state broadcaster and not a public service broadcaster?
We welcome the 11-year charter period, giving time for the BBC to plan and make investment decisions, but this confidence is potentially eroded by the proposal—not mentioned in today’s Statement—for a mid-term review. Immediately after the next election, this review will take place and the licence fee will be renegotiated. Uncertainty about the outcome of this review and the new licence fee settlement will undermine the benefits of an 11-year charter period. Notwithstanding the assurance that we have had in recent days that the mid-term review will be light touch, what assurances can the Minister give that it will not be used to unpick parts of the charter itself? The mid-term review will also coincide with the end of the three-year trial period for the contestable fund. If the trial is successful and the contestable fund is extended, can the Minister give an absolute assurance that the licence fee will not be top-sliced to pay for it?
However, I believe that the biggest threat to the independence of the BBC comes from uncertainty surrounding government plans to require the BBC to be distinctive. The White Paper said that,
“the BBC should be substantially different to other providers across each and every service, both in prime time and overall, and on television, radio and online”.
While Ofcom is to judge this, the White Paper said that:
“The government will provide guidance to the regulator on content requirements and performance metrics”.
This looks like very direct government interference into the editorial decisions of the BBC—interference that could curtail the BBC’s creative freedom to be popular. Surely that is in conflict with the Government’s stated aim to ensure an independent BBC.
The issue of competition is also a real concern, with the BBC believing that the requirement to name all those earning more than £150,000 will undermine its ability to attract and keep the best talent. Why does the Minister believe that the BBC is wrong?
Finally, I hope that we will have the opportunity not only to consider, as was said in the Statement, the details of the White Paper but to vote on its contents.
The Earl of Courtown
My Lords, I thank both noble Lords for their comments on the draft BBC charter and I will deal with the points as they were made.
The noble Lord, Lord Stevenson, started with a question on distinctiveness. As the noble Lord is aware, this has been a key focus of the charter review process, and the noble Lord, Lord Foster, mentioned this as well. It is something that the BBC has fully recognised and embraced during this process. The BBC’s director-general has been a particular driving force on this issue, and he has highlighted that he wants to see a system that,
“firmly holds our feet to the fire on distinctiveness”.
That is exactly what the White Paper proposals seek to deliver. The noble Lord, Lord Hall, has issued a statement this morning saying that the draft charter,
“will deliver the strong and creative BBC the public believes in”.
He went on to say:
“Overall, we have the right outcome for the BBC”.
The noble Lord, Lord Foster, mentioned the licence fee—as did the noble Lord, Lord Stevenson, I think—and much of this was aligned towards the over-75s. The issue with the over-75s is a deal that was done with the BBC. It gives the BBC a flat cash settlement until 2021 and gives the BBC certainty on this issue.
Both noble Lords mentioned the BBC’s mission and purposes and the Reithian principles, all of which have been debated at great length in this House. The noble Lord, Lord Stevenson, also mentioned Parliamentary Questions, debates and committee reports, all of which the Government have taken note of. The BBC is clear that the core of its mission to inform, educate and entertain should endure. This has been repeated by my noble friends Lady Neville-Rolfe and Lord Ashton of Hyde. However, the next charter provides the opportunity to explain more fully what we expect from the BBC. This is why its new mission is to act in the public interest, serving all audiences with impartial, high-quality and distinctive media content and services that inform, educate and entertain. The new public purposes emphasise the key factors that are central to the mission of the BBC. The importance of the BBC’s international role is strengthened through the introduction of a stand-alone purpose about reflecting the UK, its culture and values to the world.
Both noble Lords asked questions about independence. Again, I think the Government have gone many miles on this journey from the White Paper to where we are today. I reiterate where we are. The board will have 14 members. The Government will appoint five non-executive members—the chair and four members for each of the nations. There will be no deputy chair; instead, a senior independent director will be appointed from the non-executive members. All government appointments will follow a robust and transparent public appointments process. The BBC will appoint five non-executive members and four executive members. The BBC has the majority on the board. This is all to do with transparency and independence.
I think that covers the questions asked by the two noble Lords, but I will have a look at them and, if there is anything more I can add, I will do so in writing.
BBC: Independence
Debate between Lord Foster of Bath and Earl of Courtown
The Earl of Courtown
My Lords, I thank my noble friend. I am sure that my colleagues in the department will take careful note of the one-term issue. I should add that the appointment process for the board members will follow OCPA guidance and public sector best practice.
Lord Foster of Bath (LD)
My Lords, the Secretary of State intends to issue guidance to ensure that BBC services are clearly differentiated from the rest of the market. Many feel that this could curtail the BBC’s creative freedom to make popular programmes. Will the government-appointed members of the new board be free to ignore that guidance and thus retain the BBC’s editorial independence?
The Earl of Courtown
My Lords, I think the noble Lord refers to the distinctiveness issue that is in the BBC’s new mission. I draw the attention of the House to the mission:
“To act in the public interest, serving all audiences with impartial, high-quality and distinctive media content and services that inform, educate and entertain”.
The noble Lord mentioned another point towards the end of his question to which I do not have the answer. I will write to him.
Sport: Doping and Illegal Gambling
Debate between Lord Foster of Bath and Earl of Courtown(8 years, 10 months ago)
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The Earl of Courtown
My Lords, I could not agree more. My noble friend makes a very good point. UK Anti-Doping’s “100% me” education programme has just celebrated its 10th anniversary. This has had workshops tailored to each stage of an athlete’s pathway, right from grass roots up to the top professional level.
Lord Foster of Bath (LD)
My Lords, our country’s Sport and Sports Betting Integrity Action Plan calls for international co-operation. Only last night, Transparency International published its excellent report, Global Corruption Report: Sport. Among its many recommendations, it says that one way forward would be for countries to sign up to the Council of Europe’s Convention on the Manipulation of Sports Competitions. Many other European countries have already signed. Will the Minister explain why this country has not and when it is likely to do so?
The Earl of Courtown
My Lords, I am grateful to the noble Lord for raising this point. Her Majesty’s Government are committed to combating match fixing. The recently published sports strategy set this out. We will sign and ratify the Council of Europe’s match-fixing convention and, in so doing, will review the existing legislation framework. My right honourable friend the Prime Minister is hosting an international anti-corruption summit later this year, at which sport will play a key part.
Music Venues
Debate between Lord Foster of Bath and Earl of Courtown
The Earl of Courtown (Con)
My Lords, I, too, thank the noble Lord, Lord Clement-Jones, for securing this debate, and thank other noble Lords for their contributions. The debate is particularly appropriate as the noble Lord was the parent of an important Bill that went through this House.
The future of small, grass-roots music venues is clearly an issue that attracts strong interest from this Committee and across the whole House, as was mentioned by the noble Lord, Lord Stevenson. I am fully aware of the important contribution that the live music scene makes, not just to the UK economy but to its overall cultural landscape.
Noble Lords mentioned the many venues that they have seen various acts at, and I should mention that many of those venues formed an important part of my youth, such as Friars in Aylesbury, where I remember seeing Cockney Rebel twice in one year. I also saw John Otway and Wild Willy Barrett, although I did not really get too much into their music, to be perfectly honest. More recently, I visited the Horseshoe in Clerkenwell to hear a folk singer from Courtown Harbour in County Wexford sing a song called “Lord Courtown”, which is about an ancestor of mine. Strangely enough, it was very complimentary about the famine work that my family did during those bad years.
Music is one of the things that makes our country great, and often provides a person’s first introduction to all things British. It is one of the principal reasons that the UK is currently ranked number one in the global soft power index. British singers and musicians, as mentioned by noble Lords, provide the daily soundtrack to the lives of millions.
When I talk about talent, I am looking not just at the artists. This country provides the industry with outstanding producers, sound engineers, writers, arrangers, promoters, roadies and many others who are all part of the UK’s music ecosystem. Music tourism—not mentioned before in this debate—generated more than £3 billion of spending in the UK last year and sustained nearly 40,000 jobs. Last year, 546,000 people came here from overseas because of music, spending an average of £751 each.
The Government will carry on supporting and promoting an environment in which UK music can continue to thrive. I note that between 2012 and 2016, the Government will have invested £460 million in a wide range of music and cultural education programmes. We have moved to boost our orchestras with a new tax relief at a rate of 25% on qualifying expenditure from next April. The music export growth scheme helps independent music companies to reach overseas markets, ably assisted by the BPI and UK Trade and Investment—Mercury Prize winners Young Fathers being just one of the bands to benefit from the scheme.
Grass-roots music venues are a vibrant and vital part of our music ecosystem and our communities, as was mentioned by the noble Lord, Lord Foster, and others. That is why, since last year, we have reformed entertainment licensing to make it easier to perform and play live and recorded music. We have also noted calls for the adoption of the agent of change principle to protect music venues from noise enforcement when it comes to changes in nearby land use. I will say more on that later in my speech.
We have made changes to the National Planning Policy Framework, which now includes a specific reference to the need for consideration of existing live music venues when it comes to changes of use in nearby land. Additionally, the Supreme Court judgment in a common law nuisance case, Coventry v Lawrence, has made changes to the way nuisance law is interpreted in the 21st century. The judgment helps in emphasising that the regulatory regime must strike a balance between enabling people to enjoy music at well-run venues and managing any potentially adverse effects from noise for residents.
This is, as noble Lords have said, challenging, but we are exploring what more can be done to ensure that local authorities take all relevant factors into account, as in the case of Camden Council. Noble Lords have mentioned its 2010 strategy for Denmark Street, which acknowledges the street’s renown as,
“a centre of popular music instrument retailing”,
its “unique and vibrant atmosphere”, and its significant contribution to the area’s “special interest and character”. It is right and proper that plans have been approved to bring the 12 Bar Club building back into use as a music venue, and planning permission has been granted for a brand new 800-capacity music venue directly opposite the site where the Astoria once stood.
Many noble Lords, including the noble Lords, Lord Clement-Jones, Lord Foster and Lord Stevenson, commented on the agent of change principle and the debate that occurred in the House of Commons last week. I shall answer as much as I can on the issue, but I shall ensure that the substance of this debate is put to my colleagues in that department as well. This is a complex issue, which cuts across planning, licensing and noise protection regimes. We have looked into the planning provisions in Victoria, Australia, but they apply only to developments within 50 metres of live music venues, whereas the National Planning Policy Framework says that existing business such as music venues, regardless of distance, should not have unreasonable restrictions put on them because of changes in nearby land use since they were established. Elements of the agent of change principle already exist within planning policies and guidance and can already influence planning decisions, because planning law requires planning applications to be determined in accordance with the local development plan, unless material considerations indicate otherwise. National policy and guidance are material considerations.
The noble Lords, Lord Clement-Jones and Lord Addington, and the noble Earl, Lord Clancarty, drew the attention of the Grand Committee to business rates. The Government recognise that business rates represent a fixed cost that can be more burdensome during times of economic difficulty, particularly for small businesses. That is why my right honourable friend the Chancellor has extended the doubling of small business rate relief until April 2017, which gives targeted support to single, small properties. Some 600,000 eligible small businesses are estimated to benefit and 400,000 businesses will pay no rates at all as a result of the 12-month extension.
Local authorities also have the power to offer business rate discounts beyond predefined reliefs at their discretion. This is funded 50% by central government and 50% by the relevant local authority. We would expect local authorities to take full account of the funding provided by central government for discretionary rate relief when making their decisions. The Government are currently undertaking a review of business rates, which will be fiscally neutral and will report at a later date.
The noble Lord, Lord Clement-Jones, also mentioned deeds of easement, such as that in the case of the Ministry of Sound. It is a matter of choice for all the parties involved; every case where the potential exists for adopting such an approach will need to be considered on its own merits. It must be the decision of those affected as to whether entering into such an agreement is right for them.
Many if not all noble Lords mentioned the issue relating to cross-governmental co-ordination and the meeting to be arranged between my honourable friend Mr Vaizey and colleagues in the DCLG. My honourable friend remains committed to taking a delegation of music venue owners to meet the Planning Minister, and it is my understanding that the relevant ministerial offices are currently working to secure an appropriate date for the new year. Furthermore, I can confirm that officials from the department concerned have already met to discuss these issues on a number of occasions and, led by the Department for Culture, Media and Sport, we will set up further meetings to look at what can be done. As the noble Lords, Lord Clement-Jones, Lord Addington and Lord Berkeley said, co-ordination between all those departments is so important; it does not involve just one department but a wide spread of departments. At the same time, we will look at better collection of statistics. As the noble Lord, Lord Foster, said, it is difficult to define these venues.
A number of noble Lords also referred to my honourable friend’s mention of funding and access to funding during his participation in Venues Day this year, when he encouraged music venues to apply for Arts Council funding. He was, however, also clear that funding decisions are made by the Arts Council independently of government. The Arts Council already provides funding for a number of small music venues, such as Band on the Wall in Manchester, Cecil Sharp House in London and the Stables in Milton Keynes. Several noble Lords mentioned the Mayor of London’s Music Venues Taskforce. It is not the intention of the Government to deliver a formal response to the Mayor of London’s Music Venues Taskforce report.
The noble Lord, Lord Foster, raised the subject of the amendments brought forward in Committee in another place. As I have already said, the National Planning Policy Framework, supported by planning guidance, incorporates the agent of change principle by making clear that existing businesses wanting to continue and develop should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established.
The Earl of Courtown
I would be happy to try to answer the query of the noble Lord, Lord Foster, if he writes to me. The noble Lord also asked about assets of community value. This policy area falls within his old department, and I will ensure that the point is made to my colleagues in that department.
In closing—I realise that I have not dealt with all the queries put to me—I say to noble Lords that we want to encourage people to live in our towns and cities while at the same time enabling small grass-roots music venues to flourish, giving a range of musicians and artists a valuable opportunity to perform in front of a live audience and local communities a valuable social hub and cultural attraction. Although we have done much already to help music venues across the UK, we welcome the ongoing dialogue with the music industry on what more can be done to protect those venues.