Media Bill

Debate between Lord Foster of Bath and Lord Bassam of Brighton

Committee stage
Wednesday 22nd May 2024 Lords Chamber

[Lord Foster of Bath (LD)]

I apologise profusely to the noble Lord if I misquoted him. Let me say therefore that it is very firmly my view that this Bill is not the right place for a discussion of Section 40 and all the ramifications.

With those relatively few remarks, I very much hope that the Government will consider that the removal of Section 40 should not form part of this Bill, should not form part of the wash-up discussions and should just be kept as it is and we can debate it at a future date, whether we are on the same side of the Chamber or the opposite side.

[Lord Bassam of Brighton (Lab)]

My Lords, I thank all those who have already spoken, outlining their rich and often diverging views on this important clause. I understand completely that there are very different views around the Chamber and we have heard them for the last hour or so. I will outline the Opposition’s view on Clause 50 and Section 40.

The Leveson report is now over a decade old. Responding to, rightly, the concerns of the time, Brian Leveson’s aims were to balance the competing concerns of protecting the free press—which the noble Lord, Lord Black, spoke eloquently about—while ensuring high press standards. We have heard noble Lords championing those during the debate this afternoon.

Therefore, while the inquiry helped bring about a press regulator, it did not enforce mandatory membership for news publishers. Rather, it made membership voluntary but introduced incentives for publishers to join, including consequences if they did not. Section 40, which has never been commenced, would make publishers who had not signed up to the regulator vulnerable to paying the costs of those they face in legal cases even if the wider case was ruled in their favour. Press groups have long pointed out the impact this imbalance would have on their ability to undertake free and fair reporting.

The media landscape is now much changed, although some of the issues that were present then clearly are today. It is to be expected that that would be the case some 10 years on. Challenges from the rise of social media, online consumption of media and the consequences of falling advertising revenue mean that we have seen a significant impact on the ability of the press to compete in the market and undertake its vital work.

Additionally, a self-regulatory system for the press now exists—something not anticipated ahead of the creation of Section 40 in the 2013 Act. This alone makes the situation different from 2013 and, taken together, these changes mean that it is right that Section 40 should not remain in the Act as it is. Thus, and for those reasons, we cannot support the clause stand part proposition tabled by the noble Lord, Lord McNally, and so ably and so colourfully supported by my noble friend Lord Lipsey.

On Amendment 87A from the noble Lord, Lord Watson, I am very grateful to my noble friend for his contribution, but we are unable to support his amendment. I know he will be disappointed at that and he made very powerful arguments and a powerful case in putting his amendment to the House.

In our view, Amendment 87A risks wrapping up publications in sometimes spurious legal disputes and opening the door to sometimes repeated and vexatious claims. It would also put the onus of determining factual inaccuracies on the High Court. We do not believe that to be the right place for this to happen.

I thank the noble Baroness, Lady Hollins, as ever, for her carefully thought-through contribution. I pay tribute to her for the work that she has done, very ably and passionately, over many years. Outside your Lordships’ House, I look forward to digesting what Brian Leveson has had to say on this issue and, by extension, his contribution to this important debate. I shall speak to one of the noble Baroness’s amendments in particular: Amendment 84 presents an advantage in keeping parts of Section 40 that provide positive incentives to join a regulator and protections for those that do, while removing the part of Section 40 that has caused so much concern. I look forward to hearing what the Minister has to say on this.

--- Later in debate ---

[Lord Foster of Bath (LD)]

My Lords, on these Benches, we wholeheartedly support Amendment 89 and the case made for it by the noble Baroness, Lady Stowell.

[Lord Bassam of Brighton (Lab)]

My Lords, I sense that this debate is coming rapidly to a close. The noble Baroness, Lady Stowell, has doggedly pursued this issue with others and I wholeheartedly congratulate her on her determination to ensure that we maintain a free and fair press without foreign intervention.

This amendment takes the noble Baroness’s critique of foreign state ownership a stage further by seeking to review the impact of the measure on UK broadcasters. Obviously, government should always keep under careful consideration and review the impact of particular policies. This will, I suspect, be a feature of debate from time to time. We need to consider the impact of foreign ownership on all news media outlets, not just the press, and we need to understand, and protect our press from, undue interference. We have made it clear on our Benches, throughout the debates on the future of the Telegraph Group, that we are fully committed to upholding press freedom and the independence of all news outlets.

We cannot tolerate external interference in the politics of our country; that does not really need underlining much more on a day like today. At a time when the media are often being attacked by the exercise of deepfakes, this vital principle takes on a new importance. We need to ensure in the future, as much as we can, that our democracy is protected. A free and independent press and broadcasting sector is key to that, so I hope the Minister will give a considered response to that point.

I particularly pick up on the point of the noble Baroness, Lady Stowell, about regulations relating to the amendments we recently passed to another Bill. I do not think they are otiose, despite the calling of an election. They will be important in the future, and she is right to insist that work should be carried on to ensure that they are properly and correctly drafted so that they can be reviewed when a new Government are in place. Her point on the Ofcom review of ownership rules, which is to commence in November, is an important insight and one that we clearly all need to concentrate on and give some thought to while we go through the electoral process.

I am going to go slightly off-piste here before we conclude this debate and thank the Minister, the noble Lord, Lord Parkinson, for the time that he and I have spent together across the Dispatch Box and for the courtesies he has extended to me, my noble friend Lady Thornton and other colleagues during the passage of this legislation. I particularly enjoyed the contributions from the noble Baroness, Lady Stowell, and, although she is not in her place, I thank the noble Baroness, Lady Bonham-Carter, for her continued and assiduous interest in this. I also thank the noble Lord, Lord Foster, who is a powerful and important voice in your Lordships’ Chamber.

I suspect we will not have much more debate on the Media Bill, wash-up being the vicious process that it is, but we on these Benches have been happy to support it in the main. I am sorry we will not have the opportunity to give it a bit more detailed scrutiny on Report, but that is the nature of how we do our business. I thank the Minister for his attention to this, and I look forward to listening to his response.

Gambling Act Review White Paper

Debate between Lord Foster of Bath and Lord Bassam of Brighton

Wednesday 3rd May 2023 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, colleagues will know that I hail from Brighton—for film noir buffs, the home of “Brighton Rock”, with its famous racecourse scenes. My city has excellent amusement arcades, two casinos, a Premier League football team—rather good this year—, a horserace track, a dog track and a variety of other activities and sports that have strong links to the gambling sector.

We all like a flutter, and a night at the bingo or a weekend at the races are traditional British pastimes. Clearly, none of us want to change that. However, the publication of this important White Paper comes in part because of the relentless efforts of those with personal experiences of problem gambling. As gambling has moved into the digital age, far too many people have suffered from outdated regulation which has left them or their loved ones, friends and family exposed to significant and sustained gambling-related risk. People will have lost many thousands of pounds because existing safer gambling initiatives were not properly implemented or enforced, sometimes over several years. Many will have fallen into desperate debt, not just for themselves but, of course, impacting on family life. Tragically, some have paid an even bigger price. We should reflect on the fact that lives have been lost completely and unnecessarily.

While this White Paper may not contain all that campaigners hoped for, I pay tribute to them today for their tenacity. We have waited a significant amount of time for this Statement. The Government launched their review of the Gambling Act 2005 back in December 2020. Yes, these matters are complex; yes, the department received a significant number of responses, and yes, there is a balance to be struck, as many people enjoy gambling in moderation. Of course, the sector itself supports in excess of 100,000 jobs. But why has it taken so long for the Government to bring these proposals forward? We have seen multiple Ministers with responsibility for the review; at my last count, six Gambling Ministers and four Secretaries of State for Culture, Media and Sport have promised this White Paper imminently. We have had only a marginally smaller number of Prime Ministers: three, possibly four. So, can the Minister blame those who feel that their suffering has not been a priority for the Government? Can he understand the concerns of some in the sector that uncertainty has been allowed to last for such a long time?

Despite the delays, we welcome the fact that various measures been announced, with many being things that we have long called for and campaigned for. We are glad that the White Paper recognises the significant difference between bricks-and-mortar bingo halls and low-risk gambling and gaming centres, and the unique dangers of the online world. We welcome proposals relating to how online gambling sites will operate, the introduction of a levy and the expansion in the remit of the Gambling Commission. If properly implemented, these changes can make a significant difference to the amount of gambling-related harm people encounter, and improve the services available to those who have been affected by it.

However, and as ever, we need to see some more detail. While it is important that some measures are subject to further consultation, we hope it will not take another three and a half years for further decisions to be made. In another place, the Minister said that many of the changes in the White Paper will be brought forward via statutory instruments to speed up implementation. That is welcome, but is the Minister able to comment on how many SIs will be required and when we are likely to see them?

For matters that require primary legislation, can we expect to see a Bill in the next Session? The White Paper contains no fewer than 30 references to “when parliamentary time allows”—hardly an indication that these matters are being prioritised.

While I am asking questions, could the Minister have a go at answering some which were not addressed by his Commons colleague last week? Will the Gambling Commission be given additional resources? The National Audit Office previously raised concerns about the body’s capacity. If its remit is being extended without appropriate resourcing, that problem can only get worse. Who will set rules in relation to new affordability checks? Will they be set independently of the sector or will it be up to providers? What other initiatives, if any, are the Government looking at for under-18s who encounter loot boxes and other in-game features, which may not qualify as gambling but exhibit or promote similar qualities and behaviours?

Once again, we welcome this important White Paper. Reducing the harm caused by gambling is vital. We are glad that this will seemingly be done in a way that does not disadvantage the lower-risk premises that sustain communities across the country, especially in rural and coastal towns. Far too much time has already been wasted, so we hope that the Government and the Gambling Commission will now move quickly to implement the key reforms and consult smartly on the rest.

[Lord Foster of Bath (LD)]

My Lords, I declare my interest as chairman of Peers for Gambling Reform. We have known since the advent of the smartphone, giving everyone a casino in their pocket, that gambling legislation and regulation were out of date. Online gambling and wall-to-wall TV and radio advertising, coupled with online marketing—not least inducements such as a free bets and VIP offers—have led to thousands of lives being ruined.

For too long the Government have failed to hold big gambling companies to account—companies that, as we saw from the recent William Hill case, prioritise their annual £14 billion profits over customer care and that get the majority of those profits from problem gamblers. We have at least 350,000 such problem gamblers, including almost 60,000 children. This has, in turn, ruined the lives of around 2 million other people. Tragically, over 400 people a year take their own life because of gambling. Of course, it has also cost the nation billions of pounds.

The Government promised reforms back in 2019, but this White Paper has been constantly delayed by chaos, infighting and—as we have just heard—six gambling Ministers since the review was launched. So hundreds of people in that time have tragically taken their own life and thousands more have seen theirs devastated. None the less, the proposals in the White Paper are important and welcome steps in the right direction. At last, they are based on the recognition that gambling should be treated as a public health issue.

They respond directly to the key measures proposed by Peers for Gambling Reform and other campaign groups. Measures recommended by your Lordships’ Select Committee on gambling some three years ago included light-touch affordability checks, stake limits online, a statutory levy—so that all gambling companies contribute fairly and adequately to research, education and treatment—more effective redress mechanisms for individual gamblers and further limits on advertising and marketing. Online gambling products are designed to be addictive, with features such as high stakes and prizes, fast speed of play and the illusion of player control. We strongly welcome proposals to address these issues.

Does the Minister agree there should be parity online with, for instance, stakes in land-based venues, so that casino slot limits are set at £2? It has already taken too long, as we have heard. We should be implementing these and other proposals. What is the timeframe for consultation on these measures and when will they actually be in place?

In relation to affordability checks, given that the average household disposable income is £500 a month and the industry itself classifies gambling more than £75 a month as high spend, can the Minister explain why the White Paper’s proposed unsustainable loss trigger is 10 times that amount?

Given that the White Paper acknowledges that online gamblers use accounts with several different companies, why do the proposals consider only the “possibility” of a single, cross-company approach? Should there not be a single, independently run system of affordability checks?

We strongly welcome the proposals for a statutory levy. However, the White Paper is silent on the detail. Does the Minister at least agree that it should be a smart levy, based on the polluter pays principle, so that those that cause the most harm pay the most? How much money do the Government want to see raised?

We understand that primary legislation is needed to introduce a fully-fledged ombudsman, so we welcome the proposals for interim improved player redress. Will the Minister commit to introducing the necessary legislation to go even further as soon as possible?

We also welcome proposals to address some of the gambling companies’ marketing activities, such as free spins, free bets and bonuses. However, we are extremely disappointed that very little is being done to reduce the way in which we are all bombarded by gambling advertising. The Premier League’s voluntary decision to phase out gambling logos on shirt fronts is surely an acknowledgement that advertising is harmful—although, of course, you will still see gambling advertisements around the grounds, in matchday programmes and even on players’ shirtsleeves. There is clear research showing that advertising leads to people starting to gamble, leads existing gamblers to gamble more and leads those who have stopped to start again. Why would the industry spent £1.5 billion a year on marketing if it was not to boost its profits? Other countries are taking action to ban or restrict gambling advertising. The majority of the British public want us to do the same. Why is more not being proposed in this country?

Like the noble Lord, Lord Bassam, I say that my biggest concern is the delay in implementation. Can the Minister confirm that there are to be at least 12 separate consultations requiring the Gambling Commission to have no fewer than 30 workstreams? How long must we wait for the outcome of all this work? The review of the Gambling Commission’s funding is not planned until next year: will this not further delay the commission recruiting extra staff to do the necessary work, causing further delay?

Overall, while there are some welcome proposals, it is absurd that so many are subject to further consultation, given that there is already a wealth of information and research evidence and there has been plenty of time to look at the details of these measures. Further delay will lead to more lives, families and communities being ruined. Surely the Government should stop dithering and implement.

Gambling and Lotteries

Debate between Lord Foster of Bath and Lord Bassam of Brighton

Monday 14th December 2020 Lords Chamber

[Lord Bassam of Brighton (Lab) [V]]

My Lords, I am grateful to the Minister for repeating this important Statement. Before turning to the detail, I note that it is becoming increasingly common for there to be a significant gap between the Commons Statements and our repeat of them. This is regrettable; I hope it will be addressed as we move into the new year.

The launch of this call for evidence on the effectiveness of gambling legislation is a welcome step, even if it has come much later than we on the Opposition Benches would have liked. As the Secretary of State said, advances in technology and shifts in how we live on a day-to-day basis mean that current regulation reflects a very different reality to the one we now live in. This consultation exercise represents a significant first step in recognising and responding to this challenge.

While high street betting shops must abide by a variety of rules, the regulatory picture for digital platforms is very different. In recent months we have seen some companies reducing their presence on the high street, but we know that online gambling is growing. Government initiatives in this area, while welcome, have been piecemeal. Industry bodies have taken steps to promote responsible gambling, including through November’s Safer Gambling Week, but we know that loopholes exist and are causing considerable damage.

With digital services there is the added challenge of jurisdiction, with some service providers registered outside the UK and therefore not currently within our regulatory orbit. We have discussed this very challenge recently in the context of audio-visual service providers and potential regulatory gaps arising from EU exit. Without prejudging the outcomes of the consultation and the next steps in the process, I hope the Minister can at least confirm that the department is cognisant of the issue. As I alluded to previously, we have been awaiting this project for some time. As with other policy areas such as online harms, we know that delays can result in genuine social costs. Can the Minister shed light on why it has taken so long to get to this point and outline the anticipated timescale beyond the consultation end date, which I believe is 31 March? While the technicalities involved in gambling regulation clearly necessitate a dedicated consultation and future legislation, it is nevertheless important not to look at these issues in isolation. For example, we know that adopting a public health-focused approach to gambling addiction could bring significant benefits to sufferers and their families.

The Statement cites work being undertaken by the Department of Health and Social Care to improve the support and treatment available to problem gamblers. We welcome this, but can the Minister confirm that the Department of Health and Social Care will be part of the broader regulatory discussions to ensure that future legislation supports, rather than undermines, its work on treatment?

There is a clear overlap between this gambling review and the Government’s wider online harms agenda, which, I am afraid to say, seems to have ground to a halt. By any conceivable measure, the DCMS is failing to protect people online. There is no draft online harms legislation to scrutinise and few indications of when it will arrive, or in what form. Can the Minister outline the state of play in relation to this? Can we expect to see concrete legislative proposals by Easter, for example?

We know that the department recently missed a statutory deadline under the Data Protection Act to provide provision relating to victims, including child victims, of data breaches. This news was broken to a select few noble Lords in correspondence on the day of the deadline. Can the Minister confirm why this milestone was missed and when the review is expected finally to take place?

While she is gazing into her crystal ball, perhaps the Minister might also provide news on the fan-led review of football governance. Given the close and important relationship between sports clubs and the gambling industry, it is crucial that these workstreams happen simultaneously, rather than sequentially. The Commons Minister said that work is under way on an informed basis, with the formal review to come as soon as possible. However, one Minister at the department told the Commons Select Committee to expect a consultation on the Electronic Communications Code this side of Christmas, whereas the noble Baroness told my noble friend Lord Stevenson of Balmacara on 10 December that timings were “still to be finalised”.

I apologise for failing to spread any festive cheer with this contribution, but all these issues are incredibly important. I appreciate that this has been a challenging year in many respects for government and for all, and I hope very much that 2021 will see us making meaningful progress on all fronts.

[Lord Foster of Bath (LD) [V]]

My Lords, I too thank the Minister for providing the opportunity to debate this Statement.

Since serving on the Commons committee that considered the Gambling Act 2005, I have seen the huge growth in gambling in this country brought about by that Act and by technological change, not least with the advent of the smartphone, enabling anyone to have 24/7 access to a mini-casino in their pocket, with high-speed games designed to keep people playing. With its spread throughout sport and television, children are seeing gambling as part of everyday life. The gambling industry and its profits have grown exponentially but, most worryingly, 60% of those profits are coming from just 5% of gamblers—those likely to be experiencing harm.

More recently, serving on the Lords committee on gambling, I received very clear evidence of the urgent need for action—not least that described in the committee’s 66 recommendations—from a statutory smart levy on the industry and a statutory duty of care to much stronger regulation of advertising and controls on affordability. Those recommendations, many of which do not need primary legislation, have widespread support in your Lordships’ House, as demonstrated by the nearly 150 Peers who have joined Peers for Gambling Reform, which I have the honour to chair and which seeks early implementation of those recommendations, so that those who wish to gamble can do so safely.

The urgency is illustrated by the figures. There are nearly half a million problem gamblers—probably more—including over 60,000 11 to 16 year-olds, with each problem gambler impacting the lives of family, friends and local communities, and, most tragically, on average, one gambling-related suicide every day.

So although I welcome the review, will the Minister assure me that in those areas where overwhelming evidence for change exists, the Government will take action immediately? Sadly, I was not confident about this last week. I asked the Minister what further evidence the Government need to establish a gambling ombudsman. Despite the overwhelming evidence in the Lords report, she replied:

“The Government continue to have an open mind about the role of an ombudsman.”—[Official Report, 9/12/20; col. 1234.]


I hope that she will she reconsider. However, I welcome the work that has been done on VIP schemes and banning credit card gambling, as well as the work in relation to loot boxes and affordability. Can the Minister update us on progress and assure us that, where action can be taken quickly without waiting for the conclusion of the review, it will happen?

Gambling harm is a public health issue, and like the noble Lord, Lord Bassam, I was disappointed to see no formal role for the Department of Health and Social Care in this review. Will the Minister assure me that the review will take a public health approach and that mechanisms are in place to ensure that DHSC participates fully? The threat of major reform has led the industry to make some welcome, albeit limited, changes, but we are dealing with a vast, multinational industry that is obliged to protect its profits. Does the Minister agree that this review must be evidenced-based and avoid undue influence by industry lobbyists—lobbyists arguing, for example, that reform should be muted for fear of seepage to the black market? Of course we should look to measures to tackle the black market through payment processors and domain blocking, but does she agree with the Gambling Commission that the black market is not a significant issue and should not be used to drive down standards locally? Is she aware that some operators in this country are themselves operating in black or grey markets abroad? Will the Minister ask the regulator to look into this matter urgently?

Last week, I met the mother and the fiancée of Chris Bruney, who tragically took his own life because of a gambling addiction at the age of just 25. Chris was a bright and vibrant young man with his whole life ahead of him. To my mind, there can be no more powerful illustration of the need to reform our outdated gambling laws. I urge the Government not to delay.