Press Regulation

Lord Gardiner of Kimble Excerpts

Wednesday 2nd April 2014 Lords Chamber

[Baroness Hollins]

To ask Her Majesty’s Government what progress has been made in press regulation in the year since the cross-party Royal Charter for self-regulation of the press was agreed.

[Lord Gardiner of Kimble (Con)]

My Lords, the appointments process for the Recognition Panel is now under way. This is an independent process being followed by the Commissioner for Public Appointments and is not a matter for the Government. The panel will be formally established from the date when the chair and the initial board members are appointed. I understand that applications for the chair of the panel closed on 7 March, and I also understand that the industry is making progress with establishing a new self-regulator.

[Baroness Hollins (CB)]

My Lords, can the Minister confirm whether it is still government policy that all press regulators should seek recognition from the independent Recognition Panel, as set up under the royal charter? If so, does he share my regret that the Independent Press Standards Organisation, the regulator set up to replace the discredited Press Complaints Commission, insists that it will not seek recognition and is therefore unlikely to achieve public confidence?

[Lord Gardiner of Kimble]

My Lords, as I think is very much part of the principles of Lord Justice Leveson’s report, the issue of seeking recognition is a matter for the self-regulator and the industry. The Government hope very much that the industry and the self-regulator will look at recognition. Through the Crime and Courts Act 2013, Parliament has made clear the incentives there are in looking at recognition, and I hope that with the passage of time and the Recognition Panel being set up, an application would be made.

[Lord Fowler (Con)]

My Lords, perhaps I may remind my noble friend that 12 months ago, on 18 March 2013, the Prime Minister announced that there was cross-party agreement for a new system. He said:

“My message to the press is now very clear: we have had the debate, now it is time to get on and make this system work”.—[Official Report, Commons, 18/3/13; col. 636.]

Will the Government now do all they can to bring this ridiculously long debate to an end? Most important, will they give an assurance that Parliament will have the opportunity to judge whether any arrangements that are agreed will be truly effective and will effectively guard the public interest?

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[Lord Gardiner of Kimble]

My Lords, the whole purpose of what we have sought to achieve is that it will be in the public interest. That is because one of the things that is very clear from what has happened is that we want any new system to command the confidence of the public. My noble friend has said that the debate has gone on for too long. In fact, I think that we have gone beyond the debate because we now have a structure in place. As for Parliament considering these issues, part of the whole issue of why we think it is important that the Recognition Panel, through the royal charter, is the body that considers whether the self-regulator meets the criteria, is that this is very much a matter for the Recognition Panel which is independent of Government or Parliament.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, can the Minister confirm who runs Britain? The question is whether it is run by the rule of law and will of Parliament, both of which have determined that the PCC replacement must be audited by the royal charter’s independent Recognition Panel, or by the press barons themselves. They seem to think that, despite everything that the Leveson inquiry uncovered, they can ignore the recommendations of a public inquiry, which has been overwhelmingly endorsed by this House and the other place and which has the support of the general public.

[Lord Gardiner of Kimble]

I understand what the noble Baroness and your Lordships are implying, but one of the key facets of Leveson was precisely that there should be a voluntary self-regulatory system. However, Parliament has obviously put in place incentives whereby we very much hope that there will be recognition through the Recognition Panel for whatever self-regulator there is.

[Lord Hunt of Wirral (Con)]

Does my noble friend agree with the conclusion of Sir Brian Leveson that the “ideal outcome” to this process would be,

“a satisfactory independent regulatory body, established by the industry”?

If he does, will he therefore welcome the progress that is being made by Sir Hayden Phillips and his appointment panel in selecting an independent chair and a new board for the Independent Press Standards Organisation?

[Lord Gardiner of Kimble]

My Lords, as I said before, I think we are all seeking an outcome to command public confidence that there is a means of proper redress and that we also ensure the freedom of the press. The principles of Lord Justice Leveson’s report are based on independent and effective press self-regulation. I therefore welcome the progress in setting up a self-regulator, as I do the formation of the Recognition Panel.

[Baroness O'Neill of Bengarve (CB)]

Does the Minister consider that the Leveson recommendations will be adequately implemented if the only self-regulatory body declines to seek audit by the royal charter body?

[Lord Gardiner of Kimble]

I simply do not know at this stage whether—

[Noble Lords]

Oh!

[Lord Gardiner of Kimble]

Your Lordships may be able to crystal-ball gaze but I certainly cannot. As I say, I very much hope that the self-regulatory body will apply for recognition. There is nothing to stop another self-regulator being formed, as the royal charter caters for a further self-regulatory body coming forward for recognition.

[Baroness Jones of Whitchurch (Lab)]

My Lords—

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[Baroness Jones of Whitchurch]

My Lords, thank you. Has the Minister seen the Media Standards Trust report, published late last year, which assessed how the IPSO proposals measured up to the Leveson recommendations? It found that IPSO failed to meet 26 of the 38 recommendations. Has the Secretary of State pointed out to the IPSO representatives that their model is a very long way from complying with Leveson? At what stage is the Secretary of State going to intervene to put the Leveson proposals and the royal charter back centre stage going forward, which is where they ought to be?

[Lord Gardiner of Kimble]

My Lords, I have, of course, studied the Media Standards Trust report. The whole basis of the design of Lord Justice Leveson’s report is precisely for the independent Recognition Panel to opine on whether the criteria in Schedule 3 of the royal charter have been adhered to. That is the key point of the independence: it is for the Recognition Panel to decide. The idea that the Secretary of State should intervene misses the point about the independent arrangements that we have put in place to ensure that we get a decision that is independent of Parliament and government.

[Lord Dykes]

Is it not appalling that the irresponsible tabloids have completely forgotten the victims, whom they promised they would help first of all, as did the Prime Minister at the outset of this long debate?

[Lord Gardiner of Kimble]

I am very clear that the country and your Lordships have not forgotten the victims. If one takes oneself back as to why the Prime Minister asked Lord Justice Leveson to produce his report, it was precisely so that the things that had happened would not happen, but if they unfortunately did happen there were proper means of redress, and that is what we want to achieve.

Broadcasting: Digital Radio

Lord Gardiner of Kimble Excerpts

Wednesday 22nd January 2014 Lords Chamber

[Viscount Colville of Culross]

To ask Her Majesty’s Government when they will provide a timetable for the switchover of digital radio.

[Lord Gardiner of Kimble (Con)]

My Lords, the Government support a digital future for radio, but we are clear that listeners’ needs are at the heart of the transitional process. We set three benchmarks: listening via digital should be at 50%; national digital coverage should be comparable with FM; and local digital coverage should reach 90% of the population. Once these criteria have been reached, the Government will be in a position to take decisions on a potential future switchover and its timing.

[Viscount Colville of Culross (CB)]

My Lords, I thank the Minister for his Answer. I declare an interest as a producer working at the BBC.

A few years ago, a clear timetable was set out for the switchover to digital television. It was very successful. Surely the same should be done for radio. It gives consumers certainty that they will need to engage with digital radio when buying new radio sets, and it gives the industry clarity. Does the Minister agree that without a government lead on this matter, a switchover will never take place, denying millions of listeners the opportunity to listen to a huge range of radio stations in much better quality?

[Lord Gardiner of Kimble]

My Lords, it is clearly important that a positive momentum is maintained. Indeed, the Digital Radio Action Plan has been working extremely effectively over the past three years. In addition, on 16 December last year, the Government announced a package of measures on coverage, content and cars to support the next phase of the development of digital radio and provide consumers with greater choice.

[Lord Jenkin of Roding (Con)]

Can my noble friend assure us that before the switchover, he will be able to guarantee that one does not get these periodic silences in the middle of a digital programme, which can sometimes be very trying?

[Lord Gardiner of Kimble]

My Lords, I think that interruption of any service, whether it is analogue or digital, is equally trying. A research survey in Bath suggested that there is a view that digital provides better reception, but we clearly want to ensure that as many of the population as possible benefit from digital.

[Lord Gordon of Strathblane (Lab)]

My Lords, in television it takes only 80 transmitters to reach 90% of the population but it takes more than 1,000 transmitters to reach the remaining 10%. We are now at the point in radio where it is a test of our resolve on public service broadcasting because it is frankly uneconomic. Is the Minister confident that the funding is in place to roll out coverage so that we reach something like 97% or 98% of the population?

[Lord Gardiner of Kimble]

My Lords, there is a distinction between what I would call the national network and the local digital network. Just recently the BBC, the Government and commercial radio have agreed to put in £7 million each—£21 million in all—to ensure that the local DAB network is extended so that a further 200 sites will be in place by the time the programme is completed, which I hope will be in 2016. That will enable another 4 million homes to benefit from digital.

[Lord Low of Dalston (CB)]

My Lords, when there is a date for switchover to digital radio, will the Government provide a help scheme for vulnerable users such as was introduced to assist the switchover to digital television?

[Lord Gardiner of Kimble]

Certainly, my Lords, in the consideration about a switchover there will be all sorts of issues involving vulnerable people, to whom the noble Lord has referred, in ensuring that community radio continues in a range of sectors and that those members of the population get a good service.

[Baroness Benjamin (LD)]

My Lords—

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[Baroness Benjamin]

Thank you, my Lords. Businesswise, it would be good to know when local radio coverage on DAB will finally be rolled out across the whole country. In the mean time, as we head into a truly digital era where any radio station in the world can be heard on a mobile phone, surely historic and prescriptive regulations—such as how much music versus speech a radio station should contain—have become outdated. Therefore, as long as local news is protected on local radio and taken into consideration in the huge investment that media companies are putting into DAB, is it not time that these outdated restrictions were reviewed and removed?

[Lord Gardiner of Kimble]

My Lords, one of the things we want to do is to ensure, through Ofcom, that any unnecessary restrictions are removed. As I say, there will be all sorts of ways in which we can enjoy radio and I am sure that new technologies will produce even more.

[Baroness Bakewell]

My Lords, first, I apologise for trying to shout down my friend the noble Baroness, Lady Benjamin. In light of the fact that old people depend so much on radio specifically, and on good transmission as they get older and deafer and need local information from local stations, could the agenda of the Government in this regard not also plead the care agenda?

[Lord Gardiner of Kimble]

I am sure that what the noble Baroness has said is very much in the Government’s mind. I certainly recognise that many of the more elderly members of the population rely on the radio. There is also a great place for community radio, which is very popular, and if there were any consideration of switchover we would consider reserving part of the FM spectrum so that that local community radio could continue as long as was needed.

[Lord Stevenson of Balmacara (Lab)]

My Lords, in the Minister’s first response, he said that there were three targets for achieving this DAB rollout. Is there not a fourth, which is the question of how many new cars have digital radio fitted? According to the latest figures, something like 42% are now fitted with digital radio. Can the Minister tell us what plan there is to increase that number?

[Lord Gardiner of Kimble]

My Lords, there is another objective: we need to work on cars. At the moment only one in 10 of our cars has digital, and it costs about £100 to convert them. This is one of the reasons why there has been a reflection that this needs to be consumer-led rather than what I would call Government-imposed. A number of the points that were announced on 16 December are precisely to encourage and help with the conversion. The Digital Radio Action Plan, including working with the motor industry and indeed with the DVLA and the DVSA, is all about helping consumers to understand how they can get the best deal.

[Lord Wigley (PC)]

My Lords, the Minister mentioned that the national services may target 97% or 98% whereas local targets would reach 90%. Will he confirm that in Wales, Radio Cymru and Radio Wales will be regarded as national services, particularly since north-west Wales was identified in the September 2013 report as one of the areas of lowest reach?

[Lord Gardiner of Kimble]

I am confident that all parts of the United Kingdom should be well cared for by whatever switchover there may be.

Press Regulation

Lord Gardiner of Kimble Excerpts

Thursday 11th July 2013 Lords Chamber

[Lord Dykes]

To ask Her Majesty’s Government when they expect to achieve final all-party agreement on their proposals for a royal charter on the supervision of ethical standards in the United Kingdom press.

[Lord Gardiner of Kimble]

My Lords, a cross-party royal charter has been agreed and published. On 4 July the Culture Secretary updated the other place by way of a Written Statement, as I did in your Lordships’ House, on developments since the cross-party agreement on 18 March. On 30 April the Press Standards Board of Finance petitioned the Privy Council with an alternative charter. The PressBoF charter will be considered by a committee of the Privy Council and a recommendation made before any recommendation is made regarding the cross-party royal charter.

[Lord Dykes]

I thank my noble friend for those details. Will he confirm that the priority now is to look after the past, present and future victims of press harassment and bullying and definitely not to appease international proprietors who do not pay UK personal taxes and insist on treating Parliament and people with continuing contempt?

[Lord Gardiner of Kimble]

My Lords, I understand fully, as I have in many of the exchanges we have had on this matter, that the priority is to ensure that there is a resolution in place so that the victims can be reassured that it can never happen again. It is clearly in everyone’s interests that the committee acts swiftly to consider the charter in a manner consistent with delivering a robust and justifiable decision.

[Lord Prescott]

My Lords, the agenda, the rules of decisions, the timing and attendance are determined by Cabinet Members. They have decided to give the press charter greater priority. Is the Minister aware that there is division on the press charter as a number of the papers do not support it? It is not consistent with Leveson’s request for independence—free of government, free of Parliament and free of the press. In giving priority to this they have chosen to make a controversial political decision inside the Privy Council. That may inevitably mean a division of opinion between Parliament and the monarchy.

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[Lord Gardiner of Kimble]

I do not agree, although I can understand the noble Lord’s point about priority. There are due processes and legal opinion, so we have had to consider the PressBoF charter first.

[Lord Prescott]

Why?

[Lord Gardiner of Kimble]

There was an application to the Privy Council. The cross-party royal charter could not be referred because a number of outstanding points needed to be dealt with, including making it Scottish compliant because on 30 April the Scottish Parliament asked to be included in the matter. That is the position. There is no sense of priority; it is about dealing with the matter through the procedures that are required.

[Lord Fowler]

In relation to the newspapers’ own scheme, was it not Lord Justice Leveson who warned that over the past half century there have been fine words and promises from the press following similar inquiries and commissions, and frankly we ended up with phone hacking and scandal? Surely what we want this time is for the reality to match the rhetoric and for the Government to ensure that that is the case.

[Lord Gardiner of Kimble]

I agree with my noble friend. That is precisely why we are going through the procedures that we are, which we must do for legal reasons. The PressBoF charter will be considered swiftly, as I said. But Parliament has already, as we know, passed two Acts of Parliament—the Crime and Courts Act and the Enterprise and Regulatory Reform Act. All the recommendations made by Lord Justice Leveson will provide strong and effective incentives for relevant publishers to join a recognised independent self regulator.

[Baroness Hollins]

My Lords—

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[Baroness Hollins]

Under the currently planned schedule of Privy Council meetings, final approval for the Leveson-compliant royal charter, which we and the other place approved in March this year, may not come until October. What steps are the Government taking to ensure that there is no further delay in securing Privy Council approval of the March royal charter? As Hacked Off, the campaigning organisation, rightly says, the public, the victims of press abuses and the democratic will of Parliament deserve better than this.

[Lord Gardiner of Kimble]

That is precisely why I said the committee was set up yesterday and the membership of it will be announced very shortly. It is determined to act as swiftly as it possibly can to ensure that the PressBoF charter is given due consideration. Once that has taken place and depending on what is said, there is obviously the cross-party charter, which is being finalised. That can then be put before the Privy Council.

[Lord Richard]

My Lords, can the noble Lord tell us who will be on this committee? Can he confirm that they will all be members of the Cabinet? Can he also confirm that the decisions that will be taken by the committee will not be reported to the whole of the Privy Council or indeed reported to Parliament but will be governmental decisions? We will then be faced with a situation in which a committee of the Privy Council, consisting of members of the Cabinet, will have taken a decision that will be backed by the Government and we will be presented with a fait accompli. Does he not think that that is an absolute disgrace?

[Lord Gardiner of Kimble]

As I have just replied to the noble Baroness, the membership and indeed the chairman of that committee will be announced very shortly. It will be for that committee to ensure that its work is rigorously applied given the legal opinion that has been given.

[Lord Mackay of Clashfern]

My Lords, is there any particular reason why the membership of a committee of the Privy Council should contain only members of the Cabinet?

[Lord Gardiner of Kimble]

With regard to the membership of this committee, I had hoped to be helpful to your Lordships and to have been able to give the information this morning, but it will be announced very shortly.

[Lord Hughes of Woodside]

My Lords, what would the position be if this special committee of the Privy Council recommended in favour of the press’s own charter?

[Lord Gardiner of Kimble]

My Lords, I obviously cannot pre-empt what the committee is going to say, but it is fair to say that in the other place last week the Prime Minister said that there were serious shortcomings in the PressBoF charter.

[Baroness Williams of Crosby]

Does the Minister agree, however, that an agreement between all the parties in Parliament is an extremely important step towards asserting the powers and influence of Parliament? Is it not important that the public know what has just been raised by the noble and learned Lord, Lord Mackay, the former Lord Chancellor, that members of the Privy Council will not be all the members or even a selection of members of the Privy Council? I have written to the secretary of the Privy Council as a privy counsellor to ask whether he would consider widening the terms of those taking part. This will be a government decision rather than a Privy Council one.

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[Lord Gardiner of Kimble]

I am most grateful to my noble friend for that. I can only say—I am seeking to be helpful to the House—that all the announcements on the membership will be made very shortly. I am sure that they will be mindful of what my noble friend has said.

Tourism

Lord Gardiner of Kimble Excerpts

Wednesday 30th January 2013 Lords Chamber

[Lord Lee of Trafford]

I beg leave to ask the Question standing in my name on the Order Paper and, in doing so, declare an interest as the chairman of the Association of Leading Visitor Attractions.

[Lord Gardiner of Kimble]

My Lords, tourism is the fifth biggest industry and worth £115 billion per year. In many parts of Britain, it is the leading economic sector. It has great potential to grow: VisitBritain reports that the volume of international tourism will grow by 3% this year, with a spend of £9 billion. Domestic tourism accounts for 80% of the market, and VisitEngland predicts a £500 million additional spend over four years. The Government are working with tourism organisations to secure these objectives.

[Lord Lee of Trafford]

I know that my noble friend is very conscious of tourism’s importance, but are the Government? On 31 December, the Prime Minister sent a three-page letter to all parliamentarians on the Olympics legacy. Unbelievably, there was not one word on tourism. Is my noble friend aware that tourism created one-third of all new UK employment in the two years to the end of 2011 and now accounts for 9% of all employment? Two months ago, the Intercontinental London Westminster opened, just by St James’s Park tube station. Of its 170 permanent staff, only 68—or 40%—were from the United Kingdom. There were 13 each from Italy and Spain, 11 from Lithuania, 10 from France, eight from Poland and 47 who were from 30 other countries. It is a veritable United Nations. Just what are the Government doing to encourage our young people to embrace career opportunities in tourism and hospitality?

[Lord Gardiner of Kimble]

My Lords, first, I am very conscious that I am replying to a former Minister for Tourism. I assure your Lordships that the Government are taking tourism and its potential extremely seriously. The Prime Minister is leading from the front on this issue; indeed, the Secretary of State and the Minister for Sports and Tourism are fully engaged in promoting it. The Government are investing £137 million over four years via the GREAT campaign, which is delivered through VisitBritain and in partnership with the private sector. Through that investment, we hope that almost 60,000 new job opportunities will be created. Those will of course include job opportunities for the young, while the success story of apprenticeships is very strong.

[Lord Wigley]

My Lords, is the Minister aware of the strong and widespread feeling among tourism operators in Wales that Wales is not being marketed abroad effectively by VisitBritain? This fact was recognised by his ministerial colleague Mr Stephen Crabb, who said earlier this month in another place that there would be a meeting very soon with VisitBritain to discuss the specific problem. Has that meeting taken place and if the Minister does not know, can he make inquiries and let us know the outcome?

[Lord Gardiner of Kimble]

I shall certainly make inquiries for the noble Lord and place a record of the findings in the Library. Clearly, the task and responsibility for VisitBritain is to work with all the other organisations including VisitEngland, the Northern Ireland Tourist Board and VisitScotland, and they must of course be co-ordinated because VisitBritain has the responsibility to ensure that, across the country, there are greater tourism opportunities. Wales, with its countryside and industrial heritage, is hugely important in that respect.

[Lord Cormack]

My Lords, could my noble friend boost tourism this year by suggesting that we put on special tours of all those marvellous areas and wonderful buildings that will be despoiled or destroyed by the extravagant expenditure of HS2?

[Lord Gardiner of Kimble]

My Lords, I know that HS2 has been the subject of earlier discussions; of course, there will be considerable opportunities with that rail network of getting to many parts of the country. As a man of Buckinghamshire, I understand what my noble friend means but the overall objective is to ensure that this country has a vibrant transport network.

[Baroness Liddell of Coatdyke]

My Lords, given the previous question, I should declare an interest as a director of VisitBritain. Does the Minister agree that the great opportunities that exist for British tourism on the back of the excellent images of Britain through the Olympics and Paralympics will be limited if people have difficulty getting into Britain? It is not just a visa issue, it is also an issue about aviation policy and the negative publicity that British airports have had over the past few weeks. What action are the Government taking in the short term to help alleviate these difficulties for people coming into Britain?

[Lord Gardiner of Kimble]

A number of issues are being taken forward. The first, although we want to go beyond visa issues, is that last year the UK Border Agency launched the simplified approved destinations scheme, which is particularly important for China. Clearly, there are also important advantages. We want to ensure that the growth of tourism from India and other countries improves. Our objective is to get 500,000 new visitors from China by 2015. This is clearly going to involve a great deal of work co-ordinating vis-à-vis airports, as the noble Baroness suggested, and across the piece to ensure that many people from all around the world can visit our wonderful country.

[Lord Grade of Yarmouth]

My Lords—

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[Lord Dannatt]

My Lords, I declare an interest as Constable of the Tower of London, which received 2.5 million visitors last year, 70% of whom came from overseas. Will the Minister indicate what he is doing to encourage the UK Border Force to present not only a secure but a welcoming entry into this country so that queues and the grumpy attitude seen on some occasions do not deter people from visiting this country and our wonderful attractions?

[Lord Gardiner of Kimble]

It is very important that people receive a welcome not only in terms of the visa application process but on their arrival. It is acknowledged that we always need to do better. In particular, we have moved up three places to ninth out of 50 countries in the Anholt brands index in terms of the welcome that the UK grants its visitors. That is an indication of the warmth of the Olympic welcome, but it is something that we must build on all the time.