Sky and 21st Century Fox: Proposed Merger

Debate between Lord Keen of Elie and Lord Lansley

Thursday 16th March 2017 Lords Chamber

[Lord Keen of Elie]

I am not going to make any comment that would touch upon the merits of the proposed merger but the European Commission will of course take forward its inquiry into the competition aspects of this merger. My understanding is that the timing of that will fall within the time limit for the present investigation at the instance of the Secretary of State.

[Lord Lansley (Con)]

My Lords, I welcome my noble and learned friend’s Statement. Perhaps I may elaborate on the question relating to the grounds for the intervention notice relating to the commitment to the attainment of broadcasting standards. That relates specifically to the standards as set out under Section 319 of the Communications Act on the content of programming for television and radio services. My noble and learned friend suggested that “commitment” enables one to go much wider on those grounds. However, it relates to the programming of television and radio services. If the question of commitment was raised in relation to something that did not relate to television and radio services, how could it be seen as directly relevant?

[Lord Keen of Elie]

I am obliged to the noble Lord for repeating an inquiry that he made at the time of an earlier Statement on this same issue, with reference to Section 319 of the 2003 Act. It does refer in particular terms to television and radio; however, I stress the use of the term commitment. In determining that more general issue Ofcom is confident—rightly confident, I suggest—that it can have regard to conduct in other areas of media. For example, the way in which a party has conducted its newspaper empire or whatever may be directly relevant, and indeed often will be, to the question of whether it has a genuine commitment to broadcasting standards when it comes to television and radio. I stress “commitment” as being important in this context.

Sky and 21st Century Fox: Proposed Merger

Debate between Lord Keen of Elie and Lord Lansley

Monday 6th March 2017 Lords Chamber

[Lord Keen of Elie]

It does not appear to me on the face of it that proposed legislation can properly impact in terms on the decision-making process which, in the first instance, will involve a decision in the next 10 days and, thereafter, a report from Ofcom, which I believe is normally, under ministerial guidance, to be produced within 40 days if a decision is made. It is very difficult to see how any proposed legislation can impact on that decision-making process.

[Lord Lansley (Con)]

My Lords, the second of the specified considerations to which my noble and learned friend referred under the Enterprise Act is for those carrying on media enterprises or controlling such enterprises,

“to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act”.

That relates to the standards code, which itself is related to television and radio services. In her review of this consideration, is the Secretary of State obliged to look only at issues related to television and radio services?

[Lord Keen of Elie]

I am obliged to the noble Lord. I do not understand that the commitment to broadcasting standards is limited simply to television and radio in that sense, but I will take further advice on that point and, if I am wrong, I will write to him and place a letter in the Library.

21st Century Fox Takeover Bid for Sky: Timetable

Debate between Lord Keen of Elie and Lord Lansley

Tuesday 20th December 2016 Lords Chamber

[Lord Keen of Elie]

I am aware of the Prime Minister’s conference speech and, clearly, she will adhere to those sentiments. The present bid will be determined on its own merits and without reference to any precedents. It will be determined by the Secretary of State in a quasi-judicial manner with regard to its individual merits.

[Lord Lansley (Con)]

My Lords, my noble and learned friend will recall that the public interest test on media mergers was inserted into the Enterprise Act 2002 by virtue, not least, of the work of this House, led principally by the noble Lord, Lord Puttnam, of Queensgate, through the medium of the Communications Act 2003. Therefore, this House has in that sense a stake in the decisions made under the public interest test on media mergers. I wonder whether my noble and learned friend, through the usual channels, might seek an opportunity for this House to take a view on these matters before the Secretary of State has to decide whether to intervene, bearing in mind that, while there is considerable competition and diversity in content provision, there is not such diversity in respect of ownership of platforms and the decisions made by platform owners in broadcasting.