British Museum: Ethiopian Sacred Altar Tablets
Lord Kirkhope of Harrogate Excerpts(3 years, 8 months ago)
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Lord Parkinson of Whitley Bay (Con)
My Lords, I had the pleasure of addressing the All-Party Parliamentary Group on the United Nations yesterday where there was a special parliamentary briefing from UNESCO on this important matter. The Government are providing initial funding through the Prince Claus Fund to help with the preservation of cultural objects in Ukraine.
Lord Kirkhope of Harrogate (Con)
My Lords, may I say to my noble friend that I fully understand his difficulties with this matter. It is a complex matter, as it is with many countries and these arguments about artefacts. Can I ask him whether he has ever had any discussions with his Danish opposite number about the large amount of Anglo-Saxon silver that is held by Danish institutions—more than is held by English institutions? What is the prospect of having these artefacts returned to this country?
Lord Parkinson of Whitley Bay (Con)
I am grateful to my noble friend. I have had no such discussions with my Danish counterpart, but my noble friend’s question does allude to the complexities of these issues. There are sensitivities that remain very present, on which museums and cultural organisations do such important work in helping us to understand in their fullness, but we must always come to terms with the past and draw our own conclusions.
Gambling: Children and Young People
Lord Kirkhope of Harrogate Excerpts(4 years ago)
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Lord Kirkhope of Harrogate (Con)
My Lords, as a former Minister for Gambling I have always been very concerned about not only the effects on children of the advertising that we see now on social media but the whole effect of the incredible rise in advertising on our normal media—that is, on television and radio. Can we please have a comment from the Government as to whether we think this has gone too far, as I do, and whether they have any ideas for the future as to how we might restrain those advertisers?
Lord Parkinson of Whitley Bay (Con)
Operators must advertise responsibly, and we are committed to tackling aggressive practices. We have called for evidence on advertising and sponsorship as part of our review. The Public Health England evidence review, which we discussed some weeks ago, did not find evidence that exposure to advertising and marketing was a risk factor for harmful gambling, but we continue to keep this issue under review as we review the Gambling Act.
Audiovisual Media Services (Amendment) Regulations 2021
Lord Kirkhope of Harrogate Excerpts(4 years, 8 months ago)
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Lord Kirkhope of Harrogate (Con) [V]
My Lords, the regulations are obviously necessary. However, the powers cover only those platforms that fall within UK jurisdiction, as has already been said, and where it is necessary to protect the public, including, especially, children, from illegal or harmful material. We are immediately in difficult territory. In order to become subject to control, the definition is limited to those VSPs that either display a physical presence in the UK or are based or established here. Those companies with a presence elsewhere cannot be controlled, and only one country can have control at any time. Many of the VSPs are international concerns, as we know, such as Facebook or YouTube, where video material is widely propagated. Examples of child sexual abuse being displayed are, sadly, becoming more common, and the Internet Watch Foundation, with which I am connected, has drawn attention to the growth of undesirable content.
Also, the regulations on the powers of Ofcom do little to control online advertising, which is another source of concern in the need to protect children, in contrast to TV advertising, which is controlled. Few of the most widely patronised VSPs meet our requirements for Ofcom or government attention or control. Many of the most popular, including Facebook and YouTube, but also Instagram and Twitter, are outside our jurisdiction. Some are based in EU countries, including Ireland. That leaves us unable to intervene effectively and our citizens in danger. Can my noble friend advise how else we can gain more control in view of the rules that we now accept? The new online harms Bill, which we are promised, is still awaited with interest, and perhaps we can hear today from my noble friend how it might deal with the obvious limitations we currently have.
I have been arguing in the field of technological legislation that we should try to ensure that it is smart legislation—that is, updatable, like the software we use in computers and cars. If it is not, technologically will inevitably always be ahead of the regulators and any desirable controls the Government might need to protect us. In view of the fact that the EU and other countries have their own criteria to apply to online content, which might be very different to our own, what steps are being taken to try to maintain that common approach, with common limits on acceptability of content?
Ofcom is on record as saying that it will prioritise only the most serious potential breaches arising following our leaving the EU until it has fresh and comprehensive guidance. Does my noble friend not believe that clearer guidance should now be given? This is an area of our lives which will not wait and where we need always to be up there with those who provide these services. Online services can be a force for good, just like TV and radio communications, but there is evidence that they can be accessed by those whose aims are less beneficent and, in some cases, criminal. We cannot preside over such uses.
Legislative Reform (Renewal of Radio Licences) Order 2020
Lord Kirkhope of Harrogate Excerpts(5 years, 1 month ago)
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Lord Kirkhope of Harrogate (Con) [V]
My Lords, let me say at the outset that I of course support the proposals before us, which have come about following much consultation and discussion. I do not intend to comment on the special procedure demanding a legislative reform order in this case; I assume that all the criteria in the 2006 Act, to which my noble friend the Minister referred, have been met.
The proposals throw up a number of issues that, in my view, also require attention if we are to ensure the balanced and fair future development of radio broadcasting in this country. We can all be nostalgic—especially on a Friday morning—but I speak as one who campaigned in the 1960s for the freeing up of the provision of radio services. Radio Caroline, Radio London, Radio 270 and others operated on the edge of law but they were exciting at the time to young people like me. Luckily, I was able to get more involved by advising the Government on the preparation of the White Paper ahead of the legalisation of commercial radio in the Sound Broadcasting Act 1972. In 1973, I was then part of one of the first consortia to apply for a radio licence. I remain part of the community radio movement today.
I say all this because, to this day, I have retained a list of the then Independent Broadcasting Authority’s requirements, which formed the basis of the grant of a licence for what were essentially regional and local services in 1973. The strict hands-on approach of the then IBA chair, the late Lord Aylestone, included rules about the type of advertising, the level of local content, technical requirements and the mix of directors and shareholders. He also ruled:
“The pursuit of commercial objectives must not become the company’s dominant activity to the detriment of programme standards.”
To some extent this mirrored a similar requirement for ITV, where companies had to reflect the regions where they were based and often where their shareholders were based too.
I say all this in the full realisation that the measure before us is technical and administrative in nature and is of the 21st, not the 20th century, and of course things move on. But that is the problem. The emergence first of FM and then DAB and DAB+ frequencies has changed the quality and nature of the transmission of programmes. Advertising revenue and placement has also changed, and some national stations have been authorised and licensed.
The appetite of the public for radio as opposed to TV is still strong, even though social changes are also changing the way we listen to it. Technical changes have provided massive opportunities for new ideas, but they could and should still concern local and regional communities and provide an even greater diversity of programmes. During the Covid crisis, it is the BBC local radio stations that for many people have been the mainstay for receiving local news and guidance, and in my opinion, no BBC director-general should dare to damage or denude those stations.
Ofcom, the present regulatory body for commercial radio, should also be concerned to continue to protect the mix of news, current affairs and community guidance from commercial stations which are being lost in many parts of the country. The consolidation of programmes and networking of production goes on apace. Well-loved, established local stations that obtain licences after having to demonstrate their community connections are, one by one, being absorbed into the mega-conglomerates that now seem to control the sector. In the region where I live in Yorkshire, a large number of local stations have lost their special identity as their out-of-town owners dispose of local staff and content, and simply hijack the licensed frequency to pump out centrally edited music that is obtainable in various other ways, either from national broadcasters or through web streaming services. That simply should not have been allowed.
I understand the pragmatism of these proposals and the new conditions requiring digital radio multiplexes to be made available, but how are the Government and Ofcom going to make sure that if such conditions are met, this will then allow others, apart from those getting extensions to their licences, to really enter this field and restore some of the services to the communities which Ofcom has allowed to be curtailed by the present licensees? Can my noble friend elaborate on this? In hoping for entrants to such broadcasting, can she say how they will be controlled? Even though I want to see this element of the proposals work out, we must not allow or encourage new community radio operators to work to lower standards, but aspiring broadcasters must also not be deterred by excessive and inappropriate fees and charges imposed by Ofcom.
Ofcom claims that it still demands compliance with such things as character of service, but since 2008, it has allowed more flexibility in the format of licensed stations. What used to be strict requirements are too often now fudged or ignored. Surely the process of networking, which I mentioned earlier, is a fundamental breach of the basic principles to follow an agreed format.
I accept what is proposed in the order. It sounds reasonably sensible, but please will my noble friend give me the reassurance that in the now ongoing major review into digital radio and audio, the consultation will be wide enough to cover all interests, especially those who want to retain truly local services that inform and assist? I understand that the report of the review is due in March. I hope that my noble friend is satisfied that it will be ready by then, but in this case, might it not be better to have a little more time so that we can ensure that the future of radio in the UK is properly and fairly constituted?
Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No.2) Regulations 2020
Lord Kirkhope of Harrogate Excerpts(5 years, 2 months ago)
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Lord Kirkhope of Harrogate (Con) [V]
My Lords, I am participating in this debate on what could at first sight appear to be a very simple piece of rectifying legislation. It comes before us in the same week as did other measures of a similar nature, including the draft Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, the debate on which I participated in, as a former Mental Health Act commissioner, last Tuesday.
The general thrust of both measures is to offer a breathing space in the event of debts being incurred during the current Covid crisis. I support that approach, but I believe that these good intentions of the Government need to be reflected in legislation which is both clear and appropriate in specific circumstances, and is fully understood by both those who benefit and those who, as creditors, may feel under their own pressures as a result of Covid and the measures introduced.
On Tuesday, I felt the need to make this point clear in regard to mental health patients in crisis. Today, I want to do so for the charitable incorporated organisations. I find it interesting to note, having read through the entire Hansard record in both Houses of the passage of the Corporate Insolvency and Governance Act 2020—the primary legislation to which this SI is related—how little the plight of CIOs has been mentioned. MPs and noble Lords spoke at length and amended with enthusiasm areas of the legislation concerned with major corporate entities, many of them known to the tabloid-reading public as well as those who got their fingers burnt when dealing with them. As for CIOs, I searched in vain for any real interest in their fate—little wonder that this SI is before us because of drafting errors in an earlier attempt. The Government did point out that the first SI had, as far as they were concerned, done little damage.
It is worth us considering what CIOs are and how they are affected in the present Covid crisis particularly. Originally, many charities had been set up, as noble Lords will know, as charitable companies regulated by both the Charity Commission and Companies House. These are known as community interest companies. It is now often preferred for charities to convert to, or be established as, charitable incorporated organisations, because the process is easy and the benefits tangible. First, the regulation lies solely with the Charity Commission, not Companies House. Secondly, there are clear tax and other fiscal benefits, as well as a clearer path for the receipt of public grants and donations to pursue their core charitable aims, together with eligibility for gift aid on donations. Add to those rate relief on premises, avoidance of stamp duty land tax on property transactions and free software, et cetera, and it is clear that being a CIO has many advantages that help to power such organisations.
The only downside, if you can call it that, is that the Charity Commission requires much greater reporting requirements and regulations, and structure requirements; thresholds for requiring independent examination and an audit are much lower than for other charities. That said, one wonders how often the concessions in this piece of secondary legislation will be required. Can my noble friend the Minister tell us how often, despite the tighter control, CIOs go bust? How often does she think this moratorium might be used and be very helpful? Can she also give us a clearer idea of the status of the insolvency practitioners who must oversee the moratorium? Will future government guidance specify these, and are there any limits on the costs that might be incurred?
I see in the present GOV.UK Covid-19 guidance note that reference is made to the provisions of assistance, but little is said about the details. The guidance offers
“temporary suspension of the use of statutory demands and a restriction on winding up petitions, where a … CIO cannot pay its bills due to the coronavirus emergency”.
That is helpful, but surely in view of the controls and financial status of the CIO, it will or should occur in only a small number of cases. Much of the income comes from the very bodies which could issue statutory demands anyway.
This measure and so many others are no doubt necessary in the present crisis, but it is essential that we keep them proportionate to the perceived problems and try to make them as realistic and understandable as possible.
Gambling Legislation
Lord Kirkhope of Harrogate Excerpts(5 years, 3 months ago)
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Baroness Barran (Con)
Just to be clear, the data shows that problem gambling remains at around 1% and has not changed over a long period of time. We are keen to get this review of the legislation right and we will bring the consultation forward as soon as possible.
Lord Kirkhope of Harrogate (Con) [V]
Does my noble friend agree that the new phenomenon of gambling companies using TV and radio advertising to apparently promote some restraint in gambling is actually having the reverse effect of further encouraging gambling, as well their own particular brands?
Baroness Barran (Con)
I am sorry to disagree with my noble friend, but I am not aware of any evidence that supports that.
Gambling Advertising
Lord Kirkhope of Harrogate Excerpts(5 years, 6 months ago)
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Lord Kirkhope of Harrogate
To ask Her Majesty’s Government what plans they have to review the rules relating to (1) online, and (2) television, gambling advertising.
The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)
My Lords, gambling advertising is subject to strict controls on content and placement wherever it appears. Ads must never seek to target children or vulnerable people, and the ASA and the Gambling Commission can take action in the case of a breach. The Government have committed to reviewing the Gambling Act 2005 to make sure that it is fit for the digital age, and we will announce further details on this in due course.
Lord Kirkhope of Harrogate (Con) [V]
I say to my noble friend the Minister: enough is enough. We have been discussing gambling and its dangers, particularly to vulnerable people and particularly within the current lockdown, for a long time now, yet we still seem to have an enormous amount of advertising of gambling on both television and radio and, in particular—with no restraint whatever, voluntary or otherwise—on the online systems. I must ask my noble friend that action be taken. If nothing else, can we please return the whole control of gambling to the Home Office, where at least regulations exist that would allow us to take further action to protect our public?
Baroness Barran
My noble friend brings great experience to this, including from his time as a Minister at the Home Office. There are no plans currently to move responsibility for gambling to the Home Office, although my department works very closely with the Home Office and others in overseeing this. In relation to my noble friend’s comments about social media, work is going on specifically on that area to make sure that adverts are not targeted at people under 25 or at children. We are working actively with the platforms to ensure that gambling ads do not appear for those who have self-excluded from gambling.
Covid-19: Museums, Galleries and Historic Buildings
Lord Kirkhope of Harrogate Excerpts(5 years, 7 months ago)
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Lord Kirkhope of Harrogate (Con)
My Lords, not all museums, galleries and historic buildings are either well endowed or eligible at present for government support. There are many small but equally worthy projects in Yorkshire, for instance, including the Ripon museums. My proposal, which I hope my noble friend will convey to her Treasury friends, is that, like the United States system of deductibility, we freshly address the tax system to make it positively advantageous for large numbers of taxpayers to offer support to their chosen cause, covering not only charities but trusts and other organisations of similar community value. Widening the tax benefits substantially for those who wish to give will decisively, in my view, help to protect and develop this important sector. My noble friend, I hope, will take action on this and ask her colleagues to do the same.
Data Protection: Age-appropriate Design Code
Lord Kirkhope of Harrogate Excerpts(5 years, 7 months ago)
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Baroness Barran
The noble Baroness has raised a good point. I will go back and review the guidance and perhaps I may then write to her with a response.
Lord Kirkhope of Harrogate (Con)
My Lords, which of the standards in the code is my noble friend the Minister going to concentrate on as we move into regulation? I am particularly concerned about the standard that requires connected toys and devices to comply with the principles of the code. As has been said, a lot of children are now in touch with these devices, so I want to be sure that the technical side of this issue has been completely covered when we proceed.
Baroness Barran
My noble friend is right. We must ensure that all the technical aspects have been addressed. Obviously, these will evolve over time so we will need to continue to stay alert to this. However, the wider aspiration of the code is essential as regards GDPR compliance. We are already talking to and working with the social media companies and others because obviously a number of aspects of this in relation to GDPR compliance are already part of our law.
Charitable and Voluntary Sector
Lord Kirkhope of Harrogate Excerpts(5 years, 7 months ago)
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Lord Kirkhope of Harrogate (Con)
My Lords, I declare my interest as a former Mental Health Act commissioner. While acknowledging that this is an important debate, I know that priority will be given by some colleagues to those organisations that are most closely related to the effects of this terrible virus. However, I want to concentrate on the large number of smaller charities, often administered and implemented by comparatively few people and usually on a voluntary basis.
There are more than 185,000 charities in the UK with an expectation, as we have heard, of income amounting to something like £48 billion. The three categories of medical research, animal welfare and children and young people benefit by far more than other interests and causes, but they are often looked after by larger bodies, which are better able to endure through a crisis like this. The Government have responded to such concerns and the representations of the Charity Commission by easing regulations, giving financial advice and lessening administrative burdens. But inevitably, smaller and well-focused charities such as museums in Ripon may be forced to merge with larger or less personal organisations. This would have an adverse effect on the recruitment or retention of valued and experienced volunteers, who are often previous beneficiaries of charity and in the older age categories.
Many small charities will be forced to close. The strength of charities relies on their ability to relate, sometimes very locally, in their communities. In this world, bigger is not always better. Much of the money offered by the Chancellor to help is for a few, large virus-related charities; the small amount available to others is unlikely to be sufficient to avoid a deterioration in the sector. Many individuals may lose support. The National Lottery is also targeting charities concerned only with the effects of the virus.
Although I welcome the Government’s support for smaller and medium-sized charities generally, I ask that the distribution should, as far as possible, be fair and objective. Simply leaving large resources to be allocated from umbrella organisations, such as giving money to Mind for all mental health charities, might well lack the objectivity needed. To become registered as a charity, it is necessary to comply with some strict rules. I fear that some of the worthy but limited aims in our communities might get lost in the present circumstances.