Zoological Society of London (Leases) Bill

Lord Parkinson of Whitley Bay Excerpts

3rd reading
Friday 24th May 2024 Lords Chamber

[Lord Randall of Uxbridge (Con)]

I wonder whether King’s consent comes in now. Anyway, I beg to move.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

A member of the most excellent Privy Council has to give King’s consent, so I suggest that the House adjourn during pleasure for two minutes so that a privy counsellor can join the Government Front Bench.

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[Lord Randall of Uxbridge (Con)]

My Lords, I will say a very few brief words. First, I will redress an omission from my Second Reading speech in not paying tribute to the noble Lord, Lord Paul, who has been a very generous donor to the Zoological Society of London. We should all recognise his valuable contributions.

Yesterday, I advised the excellent director of the Zoological Society of London, Matthew Gould, that he might have to invest in some groundhogs, because this Bill was threatened with extinction and I was not sure that we would get it through. However, with my extremely grateful thanks to so many people both in your Lordships’ House and down the other end, the civil servants and a lot of people from the very highest—or almost the very highest—to Back-Benchers like me, we are where we are today. I thank everybody for bringing this Bill back from the brink, just as the Zoological Society of London has over the years brought back species that were threatened with extinction. I particularly mention my honourable friend Bob Blackman, who did so much work down the other end.

This Bill will give us certainty for important conservation work, which will create an opportunity for the Zoological Society of London to create a world-leading centre for nature. I hope, understand and can see that nature is shooting up the international agenda. ZSL will also be able to update and improve a lot of the facilities in the zoo. As we heard at Second Reading, the zoo gives a lot of pleasure not just to noble Lords but to people all over, young and old. I advise any noble Lords who get a little fed up with the endless election broadcasts to go and have a few minutes talking to the animals and refreshing themselves.

[Lord Parkinson of Whitley Bay (Con)]

I will very briefly add my thanks to my noble friend Lord Randall of Uxbridge, who has stewarded the Bill expertly through your Lordships’ House, not least in the last 24 hours, when he has been a redoubtable champion for it. I echo his thanks to our honourable friend Bob Blackman MP, who championed it in another place. I thank my noble friend the Chief Whip, who sprang like a gazelle into your Lordships’ Chamber to make sure it could reach the statute book. As my noble friend Lord Randall says, it enjoys the wholehearted support of the Government and, as we saw at Second Reading, unanimity of support from across your Lordships’ House. I am grateful to officials in my department who have worked on it, not least to my private secretary Rebecca Tuck and our colleagues in my private office, Jack Mattless, Claudia Harper and Nausheen Khan, who have been excellent zookeepers to me over the past couple of years.

Bill passed.

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Report stage & 3rd reading
Thursday 23rd May 2024 Lords Chamber

In a way, this group is a distillation of the discussions that we have been having in Committee. We absolutely support the noble Baroness, Lady Fraser. I shall not try to pronounce “Gaelic”. I realise that, because half my family is from Ireland, I was using the Irish pronunciation, for which I apologise. Again, these are modest amendments, which I hope the Minister will be able to give us some comfort with today.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, we are back for Report stage of the Bill rather sooner than we anticipated when we had our Committee debates earlier this week. By necessity and through the process of wash-up, the conversation and debate will be different to the one we would have had, if the Bill had proceeded at a normal pace. I hope that, in my time at the Dispatch Box, I have gained a reputation for listening to the points raised in scrutiny of legislation in your Lordships’ House. I hope that I demonstrated that through the way I steered the Online Safety Act through, which was much improved by amendments from all quarters.

Had we had more time on this, I would have looked forward to debating many of these points in greater detail and discussing them with noble Lords outside the Chamber. I have had the opportunity to do that, albeit in unusual circumstances: my noble friend Lord Attlee and I had a conversation this morning at Westminster tube station, on our way into Parliament and, as the noble Lord, Lord Russell of Liverpool, said, we were discussing aspects of the Bill in the Kingdom of Bahrain earlier this week on our red-eye flight back on Sunday night and Monday morning, which was a perfect way to start what has been a quiet week in Westminster. I am grateful to all noble Lords, as I always am, for the time that they have given in the Chamber and outside to discuss these matters.

We are all pleased to see the noble Lord, Lord McNally, back in his place. I hope that he has had a chance to see the best wishes sent to him yesterday, and we are glad that he is back with us for our debates today.

The noble Baroness, Lady Bull, very kindly began this group by paying tribute to the Bill team. I echo that: they have worked extraordinarily hard since the announcement of the general election to consider these amendments and to prepare. If I may, I single out the Bill manager, Charlotte Brennan, who hot-footed it back from Sunderland this morning. Last night, she was watching a Bruce Springsteen concert and has come back on what was supposed to be a day of leave to aid your Lordships and all of us in our deliberation. Luckily, like the Boss, she was born to run, and she has run back today.

If I may misquote Springsteen again, I think there is a risk in wash-up for this and all Bills that we end up with “All or Nothin’ at All”. The noble Baroness, Lady Thornton, alluded to the clear statements that we have heard from the sector, including the statement made this morning by chief executives from the broadcasting industry about the Bill. As noble Lords may not have had the opportunity to see that yet, I shall quote it in full, because it is worth bearing in mind in our deliberations. They say:

“As leading CEOs from the UK broadcasting industry, we call on politicians across Parliament not to let the opportunity to modernise the rules that govern our sector pass. The Media Bill as currently drafted is widely supported across industry and Parliament itself and has undergone Parliamentary scrutiny in the Select Committee and both Houses of Parliament, having completed second reading and committee stage in both houses. The reforms proposed in the Bill will update key aspects of media legislation for the online TV era, to ensure audiences continue to benefit from the highest quality UK-originated content from the PSBs, and help the UK’s content sector thrive for years to come”.


I know noble Lords have had the opportunity to meet the representatives of the sector and hear how they have worked very hard to come to consensus on matters in this Bill. I hope that we will be able to follow them and give them the Bill they need, for all the important reasons they have set out. For that reason, inevitably, I will upset some noble Lords who, had we proceeded at a different speed, I might have been able to satisfy.

I will start with Amendment 1, from the noble Baroness, Lady Bull, about the importance of retaining the Reithian principles in this legislation. As the noble Baroness said, she, the noble Viscount, Lord Colville, and I had the opportunity to meet earlier this week with officials to talk about this, and we have been considering the issue since she raised it both in Second Reading and on the first day in Committee. I am happy to say that, because that work had already been proceeding and because of the powerful arguments made on all sides of the House at Second Reading and since, I am able to accept her Amendment 1, which will ensure that these principles remain an explicit part of the remit. As we have discussed, they are admirable and important principles, and we want them to remain key to the public service broadcasting ecosystem. I am glad to be able to lend our support to them.

I also thank the noble Baroness, Lady Bull, for her Amendment 4, which seeks to make it clear that children’s programming should be included in educational programming. That goes beyond the current drafting of the Bill, which specifies that children’s programming must reflect

“the lives and concerns of children and young people in the United Kingdom”

and support them

“to understand the world around them”.

I am of course in favour of high-quality programming that supports children to learn and grow, and believe that the public service broadcasters have an important role in providing this.

Children’s programming is an issue that my honourable friend Julia Lopez in another place feels very strongly about, but nobody feels more strongly about it than the noble Baroness, Lady Benjamin, who on this Bill and so many others has spoken passionately about it. She has called for a review of children’s access to public service media. I am pleased to say that there are already requirements on Ofcom to report on children’s television, and legislation already allows for considered assessment of the provision of children’s programming. As the independent regulator, Ofcom is well placed to consider and report on the market more broadly and on how children are accessing content in an increasingly digital world. Ofcom already has a wealth of experience in this area; noble Lords may have seen its yearly Children’s Media Lives report and its Children and Parents: Media Use and Attitudes report. In these reports, Ofcom analyses in depth the way children are accessing content and their attitudes to media today.

Ofcom will continue looking at how children’s media needs are being met in its upcoming review of public service media. Ofcom will review how public service broadcasters are delivering for children, given the significant changes in the media sector, as the noble Baroness set out. This review will draw on Ofcom’s broad range of research to set out what young people are watching, the services they use and value, and the role public service content plays in their lives. Ofcom will also look at who is commissioning the content that appeals to young audiences, and in particular at the incentives on providers to commission it. Ofcom will set out the scope of its public service media review and related programme of work this summer.

As the noble Baroness, Lady Thornton, rightly says, the regulator is listening and is able to act in this area, and I am sure will have heard the strength of opinion raised by the noble Baroness and others in our debate today. Although I am afraid I must disappoint her on her Amendment 8, which I cannot accept, I hope I can reassure her that her words have not fallen on deaf ears—they never do. I know that her work in this important area will continue into the next Parliament and beyond.

I am happy to say that, given that we are returning to the issue in the context of Amendment 4, from the noble Baroness, Lady Bull, I am able to support that amendment, which seeks to add educational programming for children explicitly to the remit. I hope that goes some way—albeit not as far as the noble Baroness, Lady Benjamin, would wish me to go—to address the concerns she set out in her powerful speech. To repeat, I am able to accept Amendments 1 and 4 from the noble Baroness, Lady Bull.

I am afraid that that is where the good news ends. The noble Baroness, Lady Bull, has also tabled Amendment 2, which focuses on public service broadcasters’ provision of programming across a range of specific genres. I know that many in your Lordships’ House feel strongly that the Bill should include a specific list of genres. We heard throughout Second Reading and in Committee a hearty debate on what should be on that list. In the public service remit, we want to set a clear and simple vision for the industry, one that narrows in on exactly what it means to be a public service broadcaster, and we believe that this Bill achieves just that. The Government carefully considered the issue of genres during the design phase of the Bill and as part of its pre-legislative scrutiny. We have added a new subsection (6) in response to that process which makes clear that public service broadcasters must together produce a range of genres in order to fulfil the public service remit.

As I said in Committee, there are two mechanisms for the provision of genres: first, Clause 1 requires Ofcom to report every five years on the extent to which the public service remit is being fulfilled; and, secondly, we have retained the specific obligation of Ofcom in Section 358 of the Communications Act 2003 to collect and report statistics annually on the principal genres which are made available on television and radio services. If the provision of a particular genre was seen to be lacking by Ofcom then the Government of the day could act. New Section 278A of that Act creates a new power, allowing the Secretary of State to create quotas for underserved content areas on Ofcom’s recommendation. This could be used in future to add specific and granular requirements on public service broadcasters with regard to any particular genre. I hope that as I have set out the vital importance of a streamlined public service broadcasting system, and the options to add a requirement about a particular genre at a later date, the noble Baroness will be content not to move Amendment 2.

As several noble Lords have pointed out, Gaelic language broadcasting is crucial for the lives and well-being of Gaelic speakers across Scotland and in the rest of the UK. This Bill already helps to ensure that audiences are able to access content in regional and minority languages, as well as content that is culturally important to communities across these islands, for decades to come. As I have said previously, Clause 1 makes the importance of programmes broadcast in the UK’s regional and minority languages clear in legislation by including it in our new public service remit for television. This provision already covers Gaelic. As such, I am happy to reassure noble Lords that this is covered in the Bill.

I emphasise that the partnership between MG Alba and the BBC is extremely significant for Gaelic language broadcasting, with the BBC already having a specific responsibility in the framework agreement to partner with MG Alba to provide and distribute BBC Alba. On that basis, noble Lords will already have seen that the Government are formally considering the funding of minority language broadcasting, including Gaelic, as part of the BBC funding review which was launched on 7 December. Once the funding review has concluded, I am firmly of the view that then will be the right time to consider the overall future of MG Alba and the ongoing provision of Gaelic language broadcasting. Given the closeness of the link between the BBC and MG Alba, we think these considerations are best done alongside the upcoming review of the BBC’s royal charter, and further details will be set out in due course.

While I am grateful to my noble friends Lady Fraser of Craigmaddie and Lord Dunlop, who have given considerable attention to this and with whom I had the opportunity to begin discussions outside the Chamber on this, I am afraid that I am unable to accept the amendment that has been brought back today.

The growth in film and television production outside London is a great success story, and our public service broadcasters are one of the key drivers of that growth. That is in part due to the quotas placed on them which require them to produce a minimum amount of programmes made outside London. However, we should not overlook the fact that our public service broadcasters have consistently exceeded those quotas, often significantly, and some have even made public commitments to go further than the requirements currently in their licences.

As I set out on the second day in Committee, on Monday, His Majesty’s Government welcome the pledge by the BBC to increase its production expenditure outside our capital to 60% by 2027, and Channel 4’s commitment to spend at least 50% of its main channel commissioning budget outside London. As I also set out on Monday, the regulatory system proposed in this Bill will continue to support the success of the industry in several ways. The Bill is explicit in Clause 1 in its intention to recognise the need for programmes produced outside London through our new public service remit, while the quota system that underpins this mission statement is a clear and well-understood mechanism for holding public service broadcasters to account. The level of these quotas is set by Ofcom, which has broad powers to amend them.

The levels of Channel 4’s regional programme-making quotas, which are the subject of Amendment 6, are being consulted on by Ofcom as part of its consultation on the next Channel 4 licence, which will come into force from 1 January next year. Channel 4 has said that it would support, as my noble friend Lady Fraser said, a managed and carefully considered increase to its programme-making commitments in the home nations. His Majesty’s Government look forward to the outcome of the licence renewal process and seeing how the sector’s concerns have been addressed.

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[Lord Watts (Lab)]

I am asking a question. Would the Minister like to comment on the fact that the BBC and Ofcom are dominated by card-carrying members of the Tory party? Does he think that is healthy?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord will not be surprised that I do not agree with his final points. But I agree on the importance of local television, which we have heard about in our debates. Local television services continue to play an important role in the wider broadcasting system, adding great value to communities, including during the pandemic as well as in normal times. The Government remain committed to securing the most effective framework for local TV operators going forward. I hope I can reassure him that we very much care about them.

On Amendment 10 tabled by the noble Baroness, Lady Thornton, we are in complete agreement with her on the need to protect children and vulnerable audiences from harmful and inappropriate video on demand content to which they might be exposed. I wish we had more time to continue the discussions on the important matters she raised; my noble friend Lord Bethell and others would have looked forward to that. I reassure noble Lords that the concerns they raised are already well covered by the Bill as drafted. Ofcom will be given extensive powers to set standards, assess video on demand services’ audience protection measures and take action that it considers appropriate. If audiences are concerned, they can complain to Ofcom, and the regulator can, in the most serious cases, set sanctions such as financial penalties or even restrict access to that service in the UK.

The noble Baroness’s amendment looks to set specific standards for services that use age ratings. The Bill already gives Ofcom the power to set these standards and others through the new video on demand code. Ofcom must keep these rules under constant review so that they can be adapted to take into account changes in technology and audience expectations. I am grateful to her for reiterating this important point today, and I hope I can reassure her that the Government are proposing effective and proportionate regulation that covers this and other issues.

With that, I urge noble Lords not to press their amendments—other than the Amendments 1 and 4 tabled by the noble Baroness, Lady Bull, which I am pleased to be able to support.

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[Lord Bassam of Brighton (Lab)]

My Lords, I think the convention of the House is that, on Report, a noble Lord has only one bite of the cherry.

This has been a long debate and we had a long debate yesterday. I listened to all sides of the argument and have set out the Labour Party’s viewpoint on the current situation. There is one argument with which I strongly agree, and that is that it is unfortunate that we are having this debate, on this Bill, at the end of a Parliament. It is a great shame, because this part of the Bill does not really sit easily with the rest of it, which is primarily about broadcast and audio media. We should have stuck to that subject matter.

With that said, we do not support the amendments that have been tabled by my noble friends behind me, and we are unable to give them the backing they wish. We now have a settled position and things have moved on since Leveson. I do not disagree with some of Leveson’s conclusions, but I think that the issue has moved forward. I do not think that sufficient weight and seriousness were paid to the arguments that are being made that we need to look closely at the press and examine how it works. I heard the passion of the noble Baroness, Lady Hollins, and of my noble friend Lord Watts, and I understand their concerns, but I do not think that this is the best way for us to continue to approach matters. That is the Labour Party’s position, and we will not support our colleagues if they push this to a vote. We are content for the Government to conclude business on this group, which we hope will enable us to make progress on the Bill.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, as the noble Lord, Lord Bassam, said, this has been a long debate, as our debate yesterday was, but I am not sure that it has shed much light for us to be blinded by. The noble Lord, Lord Watson of Wyre Forest, inadvertently put it rather well when he said that this was not a debate that was likely to change anyone’s mind. This reflects an old debate, one which began well over a decade ago and on which few minds have shifted in the intervening years. We are focused on a narrow aspect of it: to repeal a provision that has never been enacted, languishes obsolescent on the statute book and, even in that dormant state, causes great concern to our free press, one of the things on which we pride ourselves in this nation. That is why it is essential that this provision is removed and why this is not a controversial debate, although some noble Lords opposite continue to disagree with it.

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to my noble friend Lord Astor for outlining his amendment today. We debated much the same amendment yesterday. I will speak to it and the other amendments in this group.

The Government are committed to a free and independent press which, as I said, is vital to our democracy. There now exists a strengthened, independent, self-regulatory system for the press. The majority of traditional publishers are members of IPSO. Some publishers have joined Impress, while others, including the Financial Times and the Guardian, have chosen to stay outside either regulator, with their own detailed self-regulatory arrangements. These regulators enforce codes of conduct which provide guidance on a range of areas including discrimination, accuracy, privacy and harassment. If they find that a newspaper has broken the code of conduct, they can order corrections.

Given our commitment to independent self-regulation, it is not government policy to review the efficacy of press regulators. The Government have committed to independent self-regulation of the press. This extends to not intervening in or overseeing the work of the press regulators. Accepting Amendment 15 would amount to government regulation of the press and I am not able to accept it.

Turning to the amendments tabled by my noble friend Lord Astor and the noble Baroness, Lady Hollins, the Government do not interfere with what the press can or cannot publish. That extends to endorsing regulators of which publishers should become members. Consulting on, with a view to creating, other incentives to the press to join a Press Recognition Panel-backed regulator that a consultation might identify would conflict with the Government’s clearly stated position. Indeed, the Government consulted on the repeal of Section 40 in its entirety in 2016—eight years ago—and the vast majority of respondents backed repealing it. That was reflected in our previous two manifestos, as I pointed out. For those reasons, I am afraid I am not able to accept Amendments 14, 17 and 18.

I shall say a bit about Amendment 16, tabled by the noble Lords, Lord Watts and Lord Watson of Wyre Forest, which would introduce a requirement on publishers that are not members of a Press Recognition Panel-backed regulator to publish a reply or correction where they have published information containing a “significant factual inaccuracy”. The requirement would be triggered by a demand made by an individual to whom the information relates. In practice, this amendment would incentivise membership of Impress, as I think the noble Lords know, and, as with the commencement of Section 40, could disadvantage publishers who choose not to join Impress. I think I have made my views very clear, so for those reasons I am not able to accept that amendment either.

I hope noble Lords will not press their amendments.

[Viscount Astor (Con)]

My Lords, I thank the Minister for his response and for the way that he has conducted the Bill. I beg leave to withdraw the amendment.

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Moved by

[Lord Parkinson of Whitley Bay]

That the Bill do now pass.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to noble Lords for their understanding and flexibility today. This is my first wash-up.

[Lord Hunt of Wirral (Con)]

You look very clean!

[Lord Parkinson of Whitley Bay (Con)]

Yes, I feel very clean at the end of it—thoroughly washed.

I am grateful to noble Lords who have given this Bill considerable scrutiny in pre-legislative scrutiny and during our debates on Second Reading and in Committee. As I have said throughout, it has been amended through the pre-legislative scrutiny it received. I am glad that we have been able to reflect some of our debate in Committee and amend it further. I am grateful to noble Lords for their understanding and recognition of the great support and demand that it has from the media sector, which we all cherish and which we know will play its very important part in the election campaign that is now under way. I particularly thank the noble Baroness, Lady Thornton, and the noble Lord, Lord Bassam of Brighton, on the Benches opposite and the noble Baroness, Lady Bonham-Carter of Yarnbury, and her noble friend, the noble Lord, Lord Foster of Bath, who spoke from the Front Bench for the Lib Dems. However, noble Lords from across the House have given it robust scrutiny, including today in this swifter form.

I will briefly pay tribute to my honourable friend Julia Lopez, the Minister for Media, Tourism and the Creative Industries in another place, and indeed to my right honourable friend Sir John Whittingdale, who covered her maternity leave for parts of the Bill. They have both played an important part in it. I thank my noble friend Lady Stowell of Beeston, who chairs your Lordships’ Communications and Digital Committee and has given careful consideration to this Bill and, with other members of her committee, to many of the other issues that are related to it.

I have already had the opportunity to thank the Bill team, but I repeat my thanks. They have worked particularly hard in the last 24 hours, but this is the culmination of many years’ work since the Bill was first produced in draft form and laid for pre-legislative scrutiny. I am delighted that their hard work means that we will be able to send it on its way to the statute book. It is perhaps appropriate to finish with some words from Bruce Springsteen: “Come on, let’s go tonight”.

[Baroness Bonham-Carter of Yarnbury (LD)]

I have not had the chance to say my thanks and I want to thank the Minister. Apart from anything else, his sense of humour throughout this has been really helpful and refreshing. His genuine passion for the DCMS has also really come through. As I said earlier, I wish this could have gone on longer. I suspect we could have got some more concessions through him. I also thank my friends on the Labour Benches and those on the Cross Benches, although they have gone. This has been a very collegiate event. Of course, I thank everyone on my Benches, although they seem not to be here—well, one of them seems to be here, and of course my noble friend Lord Addington.

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 22nd May 2024 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, I can usually spot a cunning plan when there is one afoot, and I fancy that our debate this afternoon is going to be overshadowed by events outside this House as the lectern has already been rolled out. This is an eclectic group of amendments which raise some important issues on radio regulation. The noble Lord, Lord Storey, in Amendments 71, 73 and 74 seeks to establish a baseline of locally provided programmes. I suspect we all have some sympathy with this.

There was a time when local radio was genuinely that: local. I well remember, as a local government leader, a time when both commercial and public service broadcast—BBC—radio stations used to call me up to face a quizzical reporter or phone-in audiences on local issues. But it has been a while since those days, as less and less content is generated from a locality. Basically, “local” means anything but that, as the programmes can be made and broadcast anywhere, as the noble Lord, Lord Storey, accurately described, and have no particular geographical audience.

Most commercial radio stations now work to the same format and are owned by fewer and fewer companies, with little or no community input. Sadly, they have contributed to the overall decline of local news as well. As we know, the BBC has much reduced its local services—several noble Lords have mentioned this—as part of its slimming down of local radio. It remains an open question as to how practical and workable the amendments of the noble Lord, Lord Storey, are in the current context, and that is a question for us to consider.

I turn to the amendments from the noble Baroness, Lady Berridge, particularly Amendment 72, which I think we would all accept hits on a very significant issue. If we want to look at radio coverage in the context of levelling up—and I think we should—we clearly have a long way to go, because there are definitely issues of access. Last year, we passed legislation that in theory should enable better coverage digitally, but it remains the case that rural areas are still significantly disadvantaged. In replying to the noble Baroness, can the Minister update the Committee today on progress and how the Government see, and are seeking, other means to redress this widely perceived imbalance? Are there, for instance, any government targets in place that are designed to move the UK towards a more universal quality of coverage that will take account of rural and local needs?

Turning to the amendments from the noble Lord, Lord Foster, on radio news impartiality, I say that, yes, of course there should be careful consideration by Ofcom, both for television and radio, when current affairs shows are on either news stations or channels, or stations that focus heavily on news and current affairs. The noble Lord, Lord Vaizey, seems to have introduced a new expression into our debate today: “opinionated news”. I thought that was a very good expression and not one I had heard before. I do not think that we can easily move away from challenging that. How we resolve the fact that politicians of a particular party host such shows in the face of regulations that are pretty clear on impartiality and balance is something we need now to seriously consider, and the noble Lord raises a telling question.

We must also ensure that Ofcom has the tools it needs to decide on impartiality when it comes to politically hosted shows. Perhaps the Minister could outline what discussions he and his department have had with Ofcom on this matter, because it is a matter of serious concern. We need considerable reassurance on this because, hand on heart, we cannot say that it is working as well as it should—despite what the noble Lord, Lord Vaizey, says about Ofcom having a very good team covering radio. I am sure that is true and that great diligence is exhibited there, but we need to move on and ensure that Ofcom can get on with the job in a way that satisfies widespread public concern about impartiality rules.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am pleased that we are now at the section of the Bill dealing with radio and able to say that the state of radio in the UK is in good health. The medium continues to be attractive to new generations of listeners, while the proportion of adults who listen each week is virtually unchanged from a decade ago. I imagine quite a few people are tuning in right now to their radios across the UK.

However, UK radio also faces many more challenges than it did in the past, with competition from technology platforms and online streaming providers, and it is vital that stations large and small are able to adapt their services in response to listeners’ preferences, which is why the measures in the Bill regarding radio are so important.

I am grateful to the noble Lord, Lord Storey, for his Amendments 71 and 73, which would require Ofcom to determine the licensing process for new local and restricted services licences within six months of the Bill’s completed passage. We would, however, consider such a requirement on Ofcom to be unduly prescriptive. As the UK’s independent regulator, not only for radio but also for spectrum management and specific frequency allocations, we believe that Ofcom should continue to have wide discretion in how it carries out its functions in respect of its regulation of radio services. We are not persuaded that overlaying new and prescriptive requirements on its duties is necessary.

My noble friend Lady Berridge, speaking to Amendment 72, referred to the meeting we had yesterday with my honourable friend Julia Lopez, the Minister for Media, Tourism and the Creative Industries. I was very grateful to my noble friend and to the noble Viscount, Lord Colville of Culross, for giving up their time to join us to discuss it. Her amendment seeks to ensure that, in areas defined as rural or in those that present a topographical issue—hilly or mountainous terrain or other things that get in the way of radio broadcast and limit the availability of digital services—Ofcom would be required to grant an FM licence to the organisation applying. That would mark a departure from the present licensing system, as we discussed yesterday, and create legal uncertainties about when this requirement applies and who would judge whether a particular area is unsuitable for a digital radio service.

Since 2003, Ofcom has had responsibility to secure the optimal use of the spectrum in determining where and how to license FM and other radio services. This amendment would conflict with that responsibility, especially in the case of areas where Ofcom judges that there may not be spectrum available to license further FM services.

Since 2010, Ofcom has successfully focused on developing community radio. A number of noble Lords rightly pointed out that this is greatly valued by people across the UK, with 320 services, the majority of which are on FM, across the country bringing an important degree of local choice and diversity. Ofcom has also focused on developing digital radio. Ofcom is currently focusing on small-scale DAB, which is now in its sixth round of licence awards, with 59 areas currently licensed, giving cost-effective opportunities for small commercial and community stations to broadcast on DAB as well as online. A number of these new multiplexes are located in more rural areas of the country, bringing new stations on air in these locations.

My noble friend raised very eloquently some pertinent points about the lack of services in more rural areas, such as the Vale of Catmose in her territorial designation. Ofcom has offered FM community radio licences in the most recent licensing round between 2017 and 2020 to people interested in developing community services. Although the most recent licensing round was a successful exercise, with more than 70 new community radio stations launching, rural areas with smaller populations may have specific challenges in being able to bring together viable proposals for community radio services, as my noble friend outlined in her speech.

With Ofcom’s licensing of small-scale DAB coming to a natural break point, I can tell my noble friend that we plan to work with Ofcom to look at the case for supporting new radio services in rural and remote areas and to assess possible options for helping to support these services get on air. To that end, my honourable friend Julia Lopez is very happy to write to Ofcom, asking it to provide advice on this, and to publish a copy of her letter. That can be done swiftly and I hope that, with that commitment to ask Ofcom to look at the case for supporting new stations in rural and remote areas, my noble friend will be content not to press her amendment and perhaps to continue to discuss this with us.

I turn to Amendment 74 tabled by the noble Lord, Lord Storey. Like many who spoke, I recognise the important contribution that commercial radio stations play in delivering local news and other local information. The noble Lord’s amendment, which seeks to put in legislation the current requirements on local production and news drawn from the current Ofcom guidance, would be a significant change to the radio deregulation measures. It would reinstate the requirements for maintaining local production, resulting in higher costs for commercial radio broadcasters. By putting the current Ofcom localness guidance on a statutory basis, it would also limit Ofcom’s flexibility to develop new guidance that will set the expectations to enable Ofcom to hold stations to account for their compliance with the new locally gathered news and to adapt the guidance in future. Fixing these requirements in this way would result in additional long-term costs, which may have an impact on the financial viability of the sector and its ability to invest in content. It is worth noting that there are no similar provisions for the BBC under its royal charter or agreement.

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[Lord Foster of Bath (LD)]

The Minister is missing the fundamental point. There is a simple question: does he believe, and is it the Government’s view, that the due impartiality regulations contained in Sections 319 and 320 of the Communications Act apply to both news and current affairs programmes?

[Lord Parkinson of Whitley Bay (Con)]

I will happily write to the noble Lord with more detail on that, but we think the Bill strikes the right balance.

[Lord Grade of Yarmouth (Non-Afl)]

I do not wish to comment in any way, shape or form on the value or otherwise of any amendment to the Bill; I will just correct a statement. There is one code on due impartiality; the only difference between news and current affairs is that politicians are prohibited from being newscasters, if I can put it that way. The requirements for due impartiality are the same for news as for current affairs. The key word is “due”.

[Lord Bassam of Brighton (Lab)]

Perhaps the Minister can help here. I am wondering what a newscaster is, having heard what the noble Lord, Lord Grade, said.

[Lord Parkinson of Whitley Bay (Con)]

I will write on that point, having consulted the noble Lord, Lord Grade, to make sure that I give the correct definition.

I am afraid that, as the noble Lord, Lord Foster of Bath, will have understood, I am not able to accept his amendments and hope that he will be content not to press them.

[Lord Storey (LD)]

I beg leave to withdraw the amendment.

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[Lord Foster of Bath (LD)]

My Lords, I very much welcome the amendment tabled by the noble Viscount, Lord Colville, which suggests that there should be a post-enactment review by the Secretary of State as to whether radio selection services should be extended to other devices. I fully support the case that he has made.

Amendment 81, tabled by the noble Lord, Lord Bassam, gives us an example of some of the things that need to be done and included in the Bill. His amendment, which seeks to extend the protections outlined in the Bill, would help future-proof the legislation and ensure that it keeps pace with rapidly changing audio-consumption habits. It is worth pointing out that this change was a key recommendation from the Culture, Media and Sport Committee during its pre-legislative scrutiny of the draft Media Bill last year. Amendment 77, tabled by the noble Baroness, Lady Thornton, which seeks to expand the scope of the regulation to cover non-voice-activated in-car infotainment systems, is another very good example of something that should be done now.

There is another area that should be addressed in the Bill that is covered by my Amendments 79 and 80. Amendment 79 would require voice assistant platforms to share data with broadcasters on the use of their radio services, and Amendment 80 would prevent tech platforms charging broadcasters for that data. The free flow of data is crucial—for commercial radio, community radio and even the BBC—in order to create a direct relationship between the listener, broadcasters and, in the case of commercial organisations, advertisers, to help them exist and grow.

Tech platforms are currently not obliged to share data with radio broadcasters on the distribution of their audio services. Any personal data shared between tech platforms and broadcasters would of course need to be subject to user consent and compliant with data protection legislation. Following consent, better access to data can help drive innovation in radio and audio services, unlocking new levels of personalisation and curation for the benefit of audiences. It is also vital for commercial radio broadcasters, as they depend on advertising revenues for their survival. Increased data transparency will therefore support commercial broadcasters of all sizes in taking advantage of targeted advertising, which is more attractive to advertisers and can command a higher price. In the long term, that would help to support the sustainability of the commercial radio sector as it becomes more reliant on online listening.

Access to data is currently inconsistent between tech platforms. For example, while Google and Apple provide virtually no data at all to radio broadcasters, Amazon provides some limited data through its Radio Skills Kit platform. However, there are important user insights that are not provided—such as age, gender, location and other interests—which would support the development of more personalised content.

This amendment would ensure a minimum standard for consistent, high-quality data to be shared with radio broadcasters by regulated radio selection services. It would also secure a minimum level of data access for all broadcasters, ensuring that tech platforms cannot engage in gatekeeping behaviours by revoking data access and/or charging broadcasters for the provision of that data. Without intervention, broadcasters will be at a disadvantage compared with the tech platforms, which have access to all the data generated by the listeners of UK radio on their voice-activated devices. In the long term, there is a risk that that data asymmetry could undermine the clear benefits that the Bill brings in levelling the playing field between UK radio broad- casters and large tech platforms.

There is a clear benefit to including data provisions in media sector-specific legislation, as they provide the most relevant opportunity to legislate for the specific challenges facing the media sector, without placing disproportionate burdens on the platforms to make significant changes to their data policies across all aspects of their businesses. I very much look forward to the Minister’s response not only to these proposals but to the others we have already heard.

[Lord Parkinson of Whitley Bay (Con)]

As noble Lords have recognised, the provisions in Part 6 of the Bill are designed to secure the ongoing availability to listeners of UK radio services and will help to maintain the huge public value that radio provides as online listening continues to grow.

Turning first to Amendment 77 in the name of the noble Baroness, Lady Thornton, the Government fully recognise how important it is that radio continues to maintain its presence in the car. On the provisions in the Bill, I confirm that, where a radio selection service using an in-car device is voice-activated and connected to the internet, it will fall within the definition of a “radio selection service” for the purposes of Part 6. Indeed, that is further clarified by new Section 362BB(2), which ensures that the assessment of whether the use of a radio selection service is significant can take account of specific usages, including the level of radio listening via that platform that takes place in a vehicle. Therefore, should a selection service have significant usage among in-car listeners, it would be subject to potential designation under this part of the Bill.

However, it is correct that there are no requirements on car manufacturers more generally, as the measures are focused on designated platforms that provide a radio selection service. Amendment 77 would extend the definition of “radio selection service” to include services not connected to the internet but accessed via the in-car system provided by car manufacturers. We are not persuaded that it is necessary to extend specific regulatory protections further, given that the evolution of systems and their integration into cars is ongoing, and given the progress made by the radio industry in the UK and across Europe in securing partnerships with car manufacturers and platforms.

However, we recognise that ensuring continued access to radio in the car will be an important part of the review of the radio market in 2026—to which the Government committed in their response to the digital radio and audio review of April 2022—and we will continue to keep the matter under consideration. New Section 362BA also contains powers to amend the definition of a radio selection service, if needed in future, as listening habits change. While I thank the noble Baroness for the opportunity to set that all out, I hope she will be satisfied and willing to withdraw her amendment.

Turning to Amendment 78, tabled by the noble Viscount, Lord Colville of Culross, I agree with the sentiment that the definition of a radio selection service could change as technology evolves and listening habits change. New Section 362BA also contains powers to amend the definition of a radio selection service, if needed in future. That could include amending the definition to include different ways in which radio stations are selected if a clear need arises in future. As I mentioned earlier, in their response to the digital radio and audio review, the Government committed to a further review of the market in 2026, and the growth and direction of online listening will be an important part of that review. While I am happy to talk to the noble Viscount, if he wishes, I think he will have discerned our reservations about the need for what he proposes, and I hope he will be content to withdraw his amendment.

[Viscount Colville of Culross (CB)]

The Minister has not responded to my concern that there could be a stitch-up between the device manufacturers and the radio providers. Therefore, we should talk about whether there should be a “must offer” component in the Bill to ensure that the designated radio services actually offer their services. It is not just the device manufacturers that may need to be pushed, but, in a very competitive media world, the radio station providers.

[Lord Parkinson of Whitley Bay (Con)]

As I said in relation to the amendment tabled by the noble Baroness, Lady Thornton, we are heartened by the progress made by the radio industry in the UK and in Europe in securing partnerships with car manufacturers and platforms. We considered representations for a “must carry” provision, including from aggregators, but we concluded that it was not necessary and best left to commercial discussions between radio station platforms and aggregators. If the noble Viscount wishes to speak further about that, I am happy to do so.

The noble Lord, Lord Foster of Bath, tabled Amendments 79 and 80, on access to user data. While I appreciate the intention behind his amendments and the support from both the BBC and Radiocentre for them, the Government consider that it would not be appropriate to include such provisions in the Bill. This part of the Bill contains provisions to address issues specific to radio, such as securing the continued ability of BBC-licensed and Ofcom-licensed commercial and community stations to access their listeners via voice-activated connected audio devices. By contrast, the issues raised in the noble Lord’s amendment are common across a wide range of sectors. The Government have been taking forward broader work on competition, including in digital markets. For example, the Competition and Markets Authority will gain powers under the Digital Markets, Competition and Consumers Bill which could, in certain circumstances, be used to tackle the unfair use of data by the most powerful technology firms.

I hope the noble Lord will also be reassured by the protections that the provisions in new Sections 362BI(3) and 362BI(4) will afford. These measures will allow radio stations to nominate a preferred route for their service to be delivered to listeners, provided that that route is not unduly burdensome for the platform to deliver. As such, they provide scope for routes through which—subject to a listener’s consent; for example, through logging in—a broadcaster may be able to access valuable data, enabling them to improve their service. I hope the noble Lord will appreciate why we cannot agree to his Amendments 79 and 80.

I am grateful to the noble Lord, Lord Bassam of Brighton, for his Amendment 81, which seeks to extend provisions in Part 6 to cover a wider range of audio content that is accessible on connected devices by expressly including a power that would require Ministers to extend the provisions in Part 6 to online only and on-demand content. The amendment would require Ministers to bring forward secondary legislation within a specific timetable to broaden the scope of this legislation significantly, extending the regime to cover online radio and other audio content that is not currently regulated. This could include content that originated outside the UK and is available via the internet.

I have noted the points made about the need to future-proof the regime, and Part 6 includes a number of powers to enable the new regime to stay up to date to reflect market and listener behaviour. This includes the power to change the definition of a radio selection service. At the moment, the Government believe that there is no need for powers further to extend the scope to other on-demand audio content available online. That would significantly widen the scope of content covered and create additional uncertainty burdens on the platforms that might be designated without a clear reasoning or evidence that this was necessary on wider public value grounds. But the Government recognise that audio markets and listening habits will continue to evolve. That is why we have committed in our response to the Digital Radio and Audio Review to revisit in 2026 the issues raised in that review.

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[Lord Parkinson of Whitley Bay (Con)]

The Bill sets out the ability for Ofcom to assess the state of the market with the Digital Radio and Audio Review. We will do our own assessment of it and, through the Bill’s secondary powers, that work can be updated.

[Lord Bassam of Brighton (Lab)]

Is the Minister content that that point is covered by that? Is there sufficient flexibility in the legislation to enable that?

[Lord Parkinson of Whitley Bay (Con)]

Yes. We recognise, and the provisions of the Bill acknowledge, that an increasing amount of listening is taking place online. It is not yet clear, however, what form the evolution is taking and, in particular, how the ongoing provision of radio’s public value, which has been fundamental to the strength of radio over the past century, will be retained. We have committed to that further review of the radio and audio market in 2026, and the growth and direction of online listening will be an important part of it. If it proves appropriate in due course, the provisions in new Section 362BA allow the definition of regulated radio selection service to be amended. The Bill provides for it in that way.

[Lord Bassam of Brighton (Lab)]

I will study the Minister’s words carefully.

[Lord Parkinson of Whitley Bay (Con)]

As the noble Lord always does.

[Baroness Thornton (Lab)]

This has been an interesting debate because it is about future-proofing and the stage at which you need to undertake things. The Minister may need to think about taking powers that then may or may not be used. I thank him for his explanation and, on that basis, I beg leave to withdraw the amendment.

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Moved by

[Lord Parkinson of Whitley Bay]

82: Schedule 9, page 163, line 14, at end insert—
“1A In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “362AW” (inserted by paragraph 1A of Schedule 3) insert “, 362BC(6)”.”Member’s explanatory statement
This amendment adds a consequential amendment relating to Clause 48.

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This has been a richly illuminating debate, passionate and critical to the vitality of our democracy—a debate on a day when we have learned from the Prime Minister that we are to have a general election. No doubt the press will play its part in that, and I hope it plays a responsible one.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I turn first to Amendments 83 and 86 tabled by the noble Baroness, Lady Hollins, which, if taken together, would intend not only to keep Section 40 on the statute book but to amend its subsections (1) and (2), so that the protections offered by subsection (2) apply not only to relevant publishers but to individuals employed by relevant publishers. This would protect journalists employed by news publishers which are members of regulators recognised by the Press Recognition Panel from having costs awarded against them in legal claims based on news-related material published by that publisher, regardless of the outcome.

As I understand it, the noble Baroness’s intention is that Section 40(3), which would make publishers that are not members of a PRP-backed regulator liable for costs in claims made against them, should not apply in the case of claims made against individual journalists employed by such publishers. If subsection (3) were to apply to such journalists, they would be unfairly held liable for the costs of claims, in contrast to their counterparts employed by members of a PRP-backed regulator. This is likely further to exacerbate the risks to media freedom and quality journalism posed by commencing Section 40.

The noble Baroness spoke powerfully against strategic lawsuits against public participation, or SLAPPs, which the noble Lord, Lord Bassam of Brighton, invited me to say more on. We know that they are used as a deterrent to pursuing stories which expose wrongdoing due to the high costs involved with these lawsuits, making defending the case beyond the reach of those targeted by this form of litigation. The intention of her amendment appears to be to provide protection for only the cost of claims awarded against journalists employed by publishers that are members of regulators backed by the Press Recognition Panel, where material subject to the claim is news-related material published by the relevant publisher. As only one regulator, Impress, has sought approval by the Press Recognition Panel thus far, if enacted as amended in this way, Section 40 would protect only a small number of news publishers and journalists for the time being.

The Government believe that all journalists should be protected from SLAPPs, which are a pernicious form of litigation. That is why, as the noble Lord, Lord Faulks, mentioned, the Government have supported the Private Member’s Bill introduced by Wayne David MP in another place, which had its Second Reading there on 23 February. Furthermore, it is why the Government have committed to protecting media freedom and the invaluable role of a free press in our society and democracy more broadly. As part of this, we are committed to independent self-regulation of the press. For this reason, we do not consider that measures penalising publishers which are not members of a Press Recognition Panel-approved regulator are necessary or proportionate. Their commencement would constitute an intrusion by the Government into the freedom of the press.

I turn to the other amendments tabled by the noble Baroness, Lady Hollins. Amendments 84 and 85 intend to remove only Section 40(3) of the Crime and Courts Act 2013 and to commence the remainder of Section 40, including subsection (2). Subsection (2) would protect publishers which are members of regulators recognised by the Press Recognition Panel from being liable for court costs awarded against them in legal claims, regardless of the outcome. The amendment is to commence subsection (2) within two months of this Bill gaining Royal Assent. Accepting these amendments would be at odds with the Government’s clearly stated position to protect media freedoms and to repeal Section 40 in its entirety.

I turn to the amendments tabled by my noble friend Lord Astor, whom I commiserate on his misfortune in the 5.30 pm race at Kempton Park. The Government have committed to a free and independent press and do not interfere with what the press can or cannot publish; that extends to endorsing regulators of which they should become members. Consulting on, with a view to creating, other incentives for the press to join a Press Recognition Panel-backed regulator that a consultation might identify would conflict with the Government’s position.

Indeed, the Government consulted on the repeal of Section 40 in its entirety in 2016 and the vast majority of respondents to that consultation backed repealing it. That was reflected in our last two manifestos. We therefore cannot delay repealing any part of the legislation that risks providing incentives for membership of an approved regulator. Incentivising a publisher to join specific regulators in any way is incompatible with protecting independent self-regulation of the press in the UK.

These amendments are unnecessary as the press regulation landscape has evolved since Section 40 was passed, as noble Lords have noted, with the establishment of two new press regulators and the decision of some publishers to use their own regulatory systems. In practice, as I say, the amendments would incentivise membership of Impress, as the sole UK regulator which has sought approval by the PRP. It is likely to lead to a chilling effect on publishers which choose not to join Impress. Accepting these amendments would not be compatible with the Government’s policy, so I cannot support them.

Amendment 87A tabled by the noble Lord, Lord Watson of Wyre Forest, would introduce a requirement on publishers which are not members of a Press Recognition Panel-backed regulator to publish a reply or a correction where they have published information containing a “significant factual inaccuracy”. The requirement is triggered by a demand made by an individual to whom the information relates. If the individual seeking the reply or correction is not satisfied with the publisher’s response, he or she would have the right to apply to the High Court for a determination of whether the publisher has complied with relevant parts of the section. The court may order the publisher to print a reply or correction, or to make another order as appropriate.

In practice, this amendment would incentivise membership of Impress and, as with the commencement of Section 40, it could disadvantage publishers which choose not to join it. For the reasons I have set out, I am not able to accept the amendments brought by the noble Lord, Lord Watson, or my noble friend Lord Astor and hope that they will not press them.

[Lord Watson of Wyre Forest (Lab)]

As this may be the final opportunity before a possible change of Government, can I thank the Minister for his service to the country? He enjoys the support of all political parties on the creative industries. His contribution is immense and is deeply appreciated, particularly his support for the music sector. Can I press him a little on my question about whether the conventions of the parliamentary wash-up will be respected when it comes to controversial legislation?

[Lord Parkinson of Whitley Bay (Con)]

I thank the noble Lord for his kind words; he might be getting a little ahead of himself. It has been a pleasure to serve as Minister and I hope to continue to do so. I look forward to campaigning in defence of the arts and creative industries in the general election ahead. He will appreciate that I have been in the Chamber since the announcement was made, so I will have to disappoint him by saying that the discussions will be had in the usual channels and announcements will be made in the usual way.

Like other noble Lords, I was sorry to hear about the operation that the noble Lord, Lord McNally, is having. I am sure we all wish him a speedy recovery, so that he can be on the campaign trail soon. His amendment, spoken to by the noble Lord, Lord Lipsey, seeks to remove Clause 50 in its entirety. I refer noble Lords to the comments I made earlier on why the Government do not believe that an incentive to join a PRP-backed regulator is needed. The failure to repeal Section 40 in its entirety would be at odds with the Government’s manifesto commitment. For this reason, it is important that this clause stands part of the Bill.

[Lord Watts (Lab)]

Can the Minister deal with the question I raised on how poor people can pursue a case if they do not have the legal means to get satisfaction through the courts?

[Lord Parkinson of Whitley Bay (Con)]

The landscape has changed a great deal since these debates were had. There are multiple routes for people to do it, and we think that that is right. The debate is one that has gone on for a great deal of time. Passionate though the contributions have been today, they have not significantly added to the debate that has gone on for a long time. I have little more to add.

[Viscount Astor (Con)]

My Lords, before the noble Baroness deals with her amendment, I ask that my noble friend the Minister, when he finishes this debate and the letter from Sir Brian Leveson is placed in the Library, might look at it carefully. He was asked whether a regulator recognised by the Press Recognition Panel must be regarded as a state regulator, with all that that implies about government interference and the powers of censorship. He points out that he simply does not understand how this assertion can be made, as the recognition panel simply does not regulate the press. He goes on to say that Section 40 does not force newspaper publications to pay costs when they win. I think the Minister would find it helpful if he read that document. Perhaps the noble Lord, Lord Bassam, would find it even more helpful because—who knows?—in July he might find himself dealing with that issue from this side of the House.

[Lord Parkinson of Whitley Bay (Con)]

I will certainly read the correspondence. I was grateful to the noble Baroness, Lady Hollins, for quoting from it. I think it bears reading in its entirety, which I will be glad to do.

To continue on the point raised by the noble Lord, Lord Watts, there now exists a strengthened independent self-regulatory system for the press. The majority of traditional publishers are members of IPSO. Despite Section 40 never having been commenced, both Impress and IPSO offer arbitration schemes for legal claims relating to defamation, privacy and harassment. These schemes are either free, through Impress, or low-cost, through IPSO, for claimants. We do not think it likely that the repeal of Section 40, to which we have long been committed, would have an impact on access to low-cost arbitration.

[Baroness Hollins (CB)]

My Lords, I thank everybody who has spoken in support of these amendments. The distraction of live election news during my speech probably contributed to me being misquoted by some noble Lords, so I repeat that my amendment would cause no detriment to the interests of the press. I am sad that the Minister has offered no options for protecting ordinary people. I trust that my arguments, and Sir Brian Leveson’s letter, will be read carefully, because a number of things that have been said are just not true. I hope that this will be reviewed carefully before proceeding to wash-up. It would be wise to remove Clause 50 before allowing an otherwise good Bill to pass. I hope that the Opposition have the courage to insist on this. I beg leave to withdraw my amendment.

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[Baroness Thornton (Lab)]

My Lords, I rise to speak to my Amendment 91. The noble Lord, Lord Foster, outlined in his usual articulate manner the issues we are looking at in this group. We created Ofcom, and it is a hugely important regulator with a growing portfolio of responsibilities. This is a good time to look at whether it is being properly and adequately resourced, and supported in a way consistent with the enormous responsibilities it carries. In a way, that is what my amendment is about. There is a broader issue here than just Ofcom being accountable under this legislation. It is important that we have a good look at how Ofcom is supported to do its job properly. That might include looking at how the chair is appointed, or it may be a matter of resourcing.

We need to ask whether Ofcom is properly accountable to Parliament, in a way consistent with the important job it does. If we expect Ofcom to deliver robust regulation and protect our PSBs, viewers and listeners, we need to be sure that it is doing that job adequately and moving quickly when it needs to in order to deal with complaints and breaches of the regulatory framework for which it is responsible. So it is a question of confidence and accountability, and I want us to be confident that Ofcom is doing its job properly and has the right accountability to Parliament, given the growth in its work. I want to hear from the Minister that the Government are aware that this is not just business as usual for Ofcom now, because it is not.

[Lord Parkinson of Whitley Bay (Con)]

I thank the noble Lord and the noble Baroness. I will address Amendment 88 first. The noble Lord, Lord Foster of Bath, brought up an important point about Ofcom’s impartiality and the process for appointing its chairman. I join him in commending the noble Lord, Lord Grade of Yarmouth, the current chairman, on his ongoing work to steer Ofcom through a time of great regulatory change—I acknowledge the change that the noble Baroness, Lady Thornton, alluded to in her closing remarks. As the noble Lord, Lord Foster, said, he draws on his extensive expertise in the sector.

Given the trust we place in Ofcom to regulate our media sector, its independence and impartiality are of paramount importance. To that end, the existing processes ensure that the appointment of the Ofcom chairman is designed to give effect to just those objectives. The chairman is appointed by the Secretary of State following a fair and open competition. This appointment is regulated by the office for the Commissioner for Public Appointments. The chairman of Ofcom is designated as a significant appointment by the commissioner. This means that the advisory assessment panel, which advises the Secretary of State, must have a senior independent panel member to ensure its impartiality. This member must be independent of the appointing department and must not be politically active.

The parliamentary scrutiny of this process was enhanced in the update to the Governance Code on Public Appointments in February this year. The updated guidance specifies that, should the responsible Minister not follow the advice of the advisory assessment panel, she or he is required to write to the chairman of the Select Committee when she or he announces the chosen candidate, and must appear before the Select Committee if requested to do so.

Furthermore, the chosen candidate is required to appear before the Select Committee before he or she is appointed. These new processes, which I hope the noble Lord agrees will help to address many of the concerns he raised, will apply to all future appointments to the role. We believe that this process ensures robust scrutiny and promotes Ofcom’s independence. I appreciate the noble Lord’s intention in tabling this amendment and agree with him about the importance of the topic it covers, but, given that this process was updated as recently as February, I consider his amendment unnecessary and hope that he will be happy to withdraw it.

I thank the noble Lord and the noble Baroness for Amendments 90 and 91 relating to Ofcom reporting. Ofcom has been regulating television and radio broadcasters since 2003, and we have confidence in its ability to continue to do so in the face of the changes brought about by the Bill. I appreciate what lies behind their amendments, which would ensure that the scope of the regulator’s functions, powers and duties—as well as its resources and capacity to deliver on its programme of work—is regularly reviewed. I am glad to say that there are already existing legislative requirements for Ofcom to report annually on how it carries out its functions. This information is published and laid before both Houses of Parliament, allowing the public and Parliament alike an opportunity for scrutiny.

In particular, Ofcom is already required to prepare a report on the carrying out of its functions each financial year, under paragraph 12 of the Schedule to the Office for Communications Act 2002. This includes reporting on its work, performance and finances, as well as any other matters requested by the Secretary of State. The last such report was published last July. This existing requirement combines some of the issues featured in the noble Lord’s and the noble Baroness’s amendments. More widely, it allows Ofcom to give a complete overview of its work. I hope that will reassure them.

On the noble Lord’s particular questions, the approach we have taken in the Bill is in line with that of other legislation. We have set out clearly defined principles that we want Ofcom to regulate against, and we have provided it with the tools it needs to do the job. On granular decision-making, it is right that Ofcom make these decisions. It has considerable sectoral expertise and is in the best place to judge the impact of its regulatory decisions. Off the back of the Bill, it will run 11 consultations, which will give a wide range of interested parties in the industry and beyond an opportunity to feed into its operational decision-making. Ultimately, Ofcom is in turn accountable to Parliament in the ways I set out earlier in Committee.

It is crucial that we protect Ofcom’s role as an independent regulator and give it the discretion to do its job. That is the approach we have taken in the Bill. We want to avoid a situation where a huge amount of parliamentary time is taken up making granular decisions about what is on our televisions. Rather, Parliament should set the direction and Ofcom can regulate accordingly, and broadcasters can continue to operate independently in their editorial decisions.

[Lord Foster of Bath (LD)]

I am grateful for the Minister giving way, but I wonder whether he can answer the fundamental question that I asked him. Quite simply, if he is saying that the driving documents, if you like, are the royal charter and the licences, what is the mechanism by which Parliament has an opportunity to discuss and amend them, if it so chooses? I also point out that he may have an opportunity, since the noble Lord, Lord Grade, is now in his place, to reiterate the huge praise that has been heaped on the noble Lord’s head in his absence.

[Lord Parkinson of Whitley Bay (Con)]

Certainly—to make the noble Lord, Lord Grade, blush. He will, I am sure, read the tiny portion of Hansard covering the part of the debate that he missed.

[Lord Grade of Yarmouth (Non-Afl)]

I will frame it.

[Lord Parkinson of Whitley Bay (Con)]

He can frame it, indeed. I commend him for his presence in these debates and his occasional contributions, which have been very helpful. It has been extremely valuable to have him here for the passage of this Bill, just as it was for the passage of the Online Safety Act, which also gives a huge amount of new work to the regulator.

I had tried to address the questions from the noble Lord, Lord Foster, by saying that what we have done is to allow Parliament to set the direction, but not to be so granular through parliamentary time. I will happily write to him to provide some more reassurance, if I am able.

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[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.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, an afternoon is certainly a long time in politics and the noble Lord, Lord Bassam, is probably right that this is a good moment to thank all noble Lords who have given detailed consideration to the Bill in Committee, and indeed during its pre-legislative scrutiny. It has been fortunate in the sense that it was scrutinised before it came to your Lordships’ House, it was improved by that process and we have had very good debates throughout this Committee. I too am grateful for the courtesies, the time and attention that the noble Lord and the noble Baroness opposite have given to the Bill, as well as the noble Lord and the noble Baroness on the Lib Dem Front Bench and noble Lords across the Chamber. I am glad we have been able to dedicate a lot of time to this, both in the Chamber and outside. It has been a pleasure working with them.

On the amendment, it is a delight to be able to join in the praise that was directed to my noble friend Lady Stowell of Beeston for her very careful consideration of matters not just in this Bill but on related issues in the Digital Markets, Competition and Consumers Bill.

The Government are committed to a pluralistic media landscape in which the public can access a wide range of accurate, high-quality news, views and information. Maintaining a free and thriving press is both a government-wide commitment and a personal priority for my right honourable friend the Secretary of State, who recognises, as I know my noble friend does, that our free press is a key pillar of our healthy and vital democracy. We acknowledge that the acquisition of UK news organisations by foreign states would run the risk of eroding trust in those vital organisations. This concern was the driving factor behind the introduction of the new foreign state intervention regime for newspapers and periodical news magazines, for which my noble friend was a compelling advocate.

It is clear from my noble friend’s remarks that the same concerns that led to the creation of that regime are also the motivation for the amendment she has tabled on ownership of UK broadcasters, including their ownership by a foreign power. Let me start by making clear that the restrictions on foreign state ownership of newspapers are designed to meet concern about a very specific risk, and the same approach is not necessarily appropriate for broadcasters. Newspapers and news magazines have a primary function to provide news and information, and therefore play a targeted role in helping to shape opinions and contributing to wider political debate. While our television and radio broadcasters also play a crucial role in the news landscape, their role is considerably more diverse, and the holding of a broadcasting licence is already well regulated through existing legislation.

Television and radio broadcasters in the UK operate within a well-established licensing regime overseen by Ofcom. As the independent regulator, it ensures that persons who own or control a licence are “fit and proper” to hold that licence and follow Broadcasting Code rules. There are also limitations on the persons who may hold or control broadcasting licences. For example, any

“body whose objects are wholly or mainly of a political nature”

cannot hold a licence.

--- Later in debate ---

[Lord Bassam of Brighton (Lab)]

Perhaps the Minister will comment on whether this matter has been under active consideration, because I think that is important. There is a shared concern across the Chamber on this, and the noble Baroness has touched on a very good point.

[Lord Parkinson of Whitley Bay (Con)]

I certainly think it would be prudent for Ofcom to consider that. It is a matter for Ofcom, and it is important that I do not put words in its mouth as an independent regulator, but it is important that it can do that and make its representations to the Government, to Parliament and publicly, in an independent way. On the extent to which it has done so to date, it is probably better if I set that out in writing so that I am able fully to account for what has been done so far. In brief, it is a matter for Ofcom as the independent regulator, and it has the means to set that out.

[Lord Bassam of Brighton (Lab)]

I can advise the noble Lord that, during the period between now and the general election, he will be the Minister most watched and listened to.

[Lord Parkinson of Whitley Bay (Con)]

Thank you. Let me turn to the questions posed by my noble friend Baroness Stowell. She asked when we should expect to see the regulations relating to online news. We will shortly consult on expanding the existing media measures regime and the foreign state ownership provisions to include online news websites. That will enable us to make changes which ensure that online news, whether from an established newspaper group or an online publisher, is covered by the media regime and the new measures we are introducing for foreign state media ownership.

My noble friend is right about civil servants’ ability to carry on working even during the election period. Judging from the activity in my private office, I can certainly say that they are already springing into action on a number of fronts in the best traditions of the Civil Service. Work will of course continue as it always does, notwithstanding an election. This is an opportunity for me to thank the officials who have been working on the Bill and who will continue to work on these areas—rather hastily—over the next few days, but also more broadly on an ongoing basis in the way we have set out.

My noble friend mentioned the review of media ownership rules. I confirm that Ofcom can look at whatever it would like to in its review of the rules. The Secretary of State does not have to issue instructions to Ofcom to do so. I am happy to clarify that and, I hope, assist with some of the confusion which my noble friend has pointed out.

On the timing of regulations for what we termed the “carve-out”, as my noble friend knows, we are currently undertaking a consultation on proposed regulations to follow the Digital Markets, Competition and Consumers Bill to ensure that the drafting achieves our stated policy objectives in terms of the partial carve- out of small minority stakes held by sovereign wealth funds. The regulations will be finalised when the consultation concludes. We hope then to align the timeline for the introduction of these regulations with the Digital Markets, Competition and Consumers Bill.

[Baroness Stowell of Beeston (Con)]

I am grateful to both the noble Lords, Lord Foster and Lord Bassam, for their support for this amendment. Before I withdraw it, I want to check on a couple of things that my noble friend has just said.

On the media ownership rules review by Ofcom, my noble friend said that it is a matter for Ofcom and clarified that the Secretary of State does not need to issue an instruction. He emphasised that Ofcom is independent, and it is a matter for it. However, I am saying that Parliament wants it to look at the rules. I know that my erstwhile noble friend Lord Grade is listening, and it is fortuitous that the chairman of Ofcom is also a Member of your Lordships’ House. It would be reassuring to know that the Government, having listened to this debate today, will say to Ofcom that the media ownership rules review that it is about to conduct should look at foreign state ownership. I do not see how that in any way undermines or jeopardises its independence. I urge my noble friend to do that.

On the online news regulations and the work being done on that, the other issue was the category known as “online news creators”; that is, not just the news websites but this other, powerful force in news online. It does not necessarily involve a platform owning a news site but refers to just how much they are able to have an impact on the success, or otherwise, of other news organisations. It sounds like that is not part of what the officials are looking at. Perhaps the Minister can consider this and write to me. It would be helpful to get some clarity on that too.

[Lord Parkinson of Whitley Bay (Con)]

I am very happy to do that. In relation to Ofcom’s review, my noble friend draws a helpful distinction. It is clear from the debate—which I am sure the noble Lord, Lord Grade of Yarmouth, has heard—what Parliament is keen for Ofcom to do. There is a material difference between Parliament sending a message and government sending a message. Ofcom is an independent regulator. I am sure that it will heed what is said in Parliament, but I think it is better that it hears it from Parliament and is not instructed by the Government. It is an independent regulator, and I am sure the noble Lord will have heard the debate and feed it back to his colleagues.

[Baroness Stowell of Beeston (Con)]

I am grateful to my noble friend. I withdraw my amendment.

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Monday 20th May 2024 Lords Chamber

We have had an impressive and wide-ranging debate. I know that the Minister has been busying away this weekend, and I hope he is sufficiently recovered to rise to the occasion and give us some positive views on the Government’s approach to regionalisation.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I hear often talk about how we need an assembly of the nations and regions, but, as the noble Lord, Lord Bassam, has said, we have had a great display of that today from your Lordships’ Committee, with contributions from across the United Kingdom.

As I set out on our first day in Committee, His Majesty’s Government are committed to stimulating growth in our world-leading production sector throughout the length and breadth of the UK. As the noble Lord, Lord Wigley, pointed out, there is a long and proud tradition of that happening across the UK; he gave many examples from Wales, understandably, and pointed to the north of England as well. We have this month lost Gudrun Ure, who played the eponymous Super Gran—a production I enjoyed in my childhood, made by Tyne Tees Television and filmed along the north-east coast in Whitley Bay, Cullercoats, Tynemouth and many other places. It was a powerful example of the emotional pull of TV production in inspiring tourism and encouraging people to visit but also in bringing production closer and, I hope, awakening sparks in people wherever it is made.

As noble Lords have alluded to, it is important to point out that the picture at the moment is a strong one. In 2022, all of our public service broadcasters exceeded their regional production quotas, and some significantly so. We have seen good and significant growth in production outside England and outside our capital. Production spending in Scotland is now worth over £266 million, supported by developments including Channel 4 opening one of its creative hubs in Glasgow in 2019. Television production in Wales continues to make impressive strides forward, with the proportion of hours of BBC content produced in Wales increasing year on year, in part thanks to major productions such as “Wolf” and the rest of the menagerie of animals that my noble friend Lady Bloomfield of Hinton Waldrist mentioned. Northern Ireland’s production industry is making a significant contribution, as shown by the rise in hours of content produced there and broadcast on public service broadcasters, which has increased consistently over the past five years. The BBC, Channel 4 and Channel 5 all increased their production expenditure in Northern Ireland in 2022. The growth in production outside London in recent years is a great success story, and our public service broadcasters have been one of the significant contributors to that growth.

We are also encouraged by commitments to go further, such as the BBC’s pledge in its BBC Across the UK strategy to increase its production expenditure outside the capital to 60% by 2027, and Channel 4’s pledge to continue to spend 50% of its main channel commissioning budget outside London. However, it is right that we keep this progress under review, and I welcome the opportunity we have had to debate these issues this afternoon, thanks to the amendments that have been tabled in this group.

Let me start by addressing Amendments 16 and 17 in the name of my noble friend Lady Fraser of Craigmaddie and acknowledge the support that she expressed on behalf of the noble Baroness, Lady Foster of Aghadrumsee, with whom I have had the opportunity to discuss some aspects of the Bill outside the Chamber. The regulatory system proposed in the Bill will continue to support the success of the industry in several ways. The Bill is explicit in Clause 1 of its intention to recognise the need for programmes produced outside London through our new public service remit. Underpinning this is the detailed system of quotas on which this amendment focuses. This system already creates the mechanisms to hold public service broadcasters to account, and the success of the UK production sector demonstrates this.

The level of these quotas is set by Ofcom, which has broad powers to amend them as it sees appropriate. Should the success of the UK production sector not continue, Ofcom has the power to take action. It could, for example, increase regional production quotas over time, in much the same way as envisaged by the amendments that my noble friend has proposed, or it could tie the quotas to population shares. I can see why it might be tempting to pre-empt or constrain Ofcom’s consideration of these matters and to legislate directly as these amendments suggest and as the noble Viscount, Lord Colville of Culross, set out in his contribution.

I agree with the noble Viscount that there is an important role for Parliament. We are all grateful that the chairman of Ofcom, the noble Lord, Lord Grade of Yarmouth, is in your Lordships’ House and is in his place to hear these debates. Even if he were not a Member of your Lordships House, Parliament has the opportunity to express its views directly and indirectly through the Select Committees and through my department. I hope the noble Viscount would agree that it is also important that Ofcom can act with agility in this dynamic and often fast-changing sector.

It is essential that Ofcom has the flexibility to calculate regional quotas on broadcasters independently, weighing the evidence and balancing the different equities in the sector. That approach allows Ofcom to alter quotas smoothly over time to react to developments that it sees. As the financial position of both the public service broadcasters and the sector more broadly changes over time, we want Ofcom to be able to take this into account and adjust quotas accordingly, without the need for primary legislation on each occasion.

However, I reassure noble Lords that I, and my colleagues in DCMS, have heard the strength of feeling on this issue from the sector, particularly in relation to Channel 4’s “out of England” quota, which is set at 9% of eligible programmes and expenditure. I note that Ofcom is currently consulting on the terms of Channel 4’s next licence, which will come into force from 1 January next year, and also that Channel 4 has said that it would support a managed and carefully considered increase to its programme-making commitments in the other home nations. His Majesty’s Government look forward to the outcome of the licence renewal process and seeing how the sector’s concerns have been addressed.

For our part, the Government will continue our broad support for the screen industries across the United Kingdom through generous tax reliefs, as we saw in the last Budget and previous ones, through investment in studios such as the Crown Works Studios, which the right Reverend Prelate the Bishop of Newcastle rightly reminded us of, supporting innovation and promoting independent content through the UK Global Screen Fund.

We want to see the production sector continue to thrive. When it comes to our public service broadcasters’ contribution to that goal, we believe that the existing system of regional production quotas, which, as I say, our public service broadcasters can and do exceed—some of them significantly—remains the best way to continue to drive the growth that we have seen in recent years in every part of the UK.

For these reasons, I am not able to accept the amendments that my noble friend Lady Fraser of Craigmaddie has set out, but I accept the invitation that the noble Lord, Lord McNally, reiterated on her behalf and, if I may, I extend it to the noble Lord, Lord Grade, or one of his colleagues at Ofcom, so that we can talk in more detail and, I hope, seek to reassure her further about how the existing system provides for the concerns that she has set out.

[Lord Bassam of Brighton (Lab)]

The noble Viscount, Lord Colville, made a good point about Parliament being consulted. I wonder if the noble Lord could say something about how both Houses—and Select Committees—could be consulted and considered in the question of quotas and the distribution of regional production. I do think that is an important element of this debate, and I am sure noble Lords around the Committee will want to hear something positive on that.

[Lord Parkinson of Whitley Bay (Con)]

I hope the meeting I have just indicated I am very happy to hold will be an opportunity to do that, with representatives of both the Government and Ofcom present, and an opportunity for noble Lords to ask questions on the issues of quotas, and not just in relation to the Bill that is before us. As the noble Lord says, Select Committees on an ongoing basis allow for the scrutiny of Ofcom’s work.

Turning to Amendment 54, in the name of the noble Lord, Lord Wigley, I recognise the intention behind his amendment, which seeks to address concerns about the programmes that our public service broadcasters are counting towards their regional programme-making quotas. As he and my noble friend Lady Bloomfield said, this has been referred to as “brass plating”, and I am grateful in particular to the Welsh Affairs Committee in the other place for exploring this issue in its recent report, Broadcasting in Wales. As he noted, the trade association TAC has also raised this issue and has done so with my department directly.

My officials have raised the matter with Ofcom again following the publication of the Select Committee’s report. Ofcom has confirmed that, in order to qualify as a regional production, relevant productions must meet two of three criteria. These include the “substantive base” criterion, which is one of the focuses of the noble Lord’s amendment. However, productions are not able to rely on this criterion alone; they must also meet one of the two other criteria relating to production spending. Ofcom has also confirmed that it strengthened and clarified the requirements associated with the “substantive base” criterion when it updated its guidance on regional productions for public service broadcasters in 2019. This guidance came into effect for productions broadcast from 1 January 2021.

Having reflected on this advice, we remain of the view that Ofcom has the necessary powers to identify, examine and, if necessary, close any loopholes related to the regulatory regime for regional programme making. We do not, therefore, see the need to legislate in the area of the noble Lord’s amendment.

[Lord Wigley (PC)]

I am grateful to the Minister for the consideration he and his officials have given and the discussions that have taken place. Would he, however, accept that those at the sharp end have perhaps the most detailed knowledge of the problems that arise and the means used by some people using brass plating to get around regulations? Would he be prepared to meet some of these people to understand more directly the exact nature of this problem and some of the ideas they have that might be useful in overcoming them?

[Lord Parkinson of Whitley Bay (Con)]

Perhaps if the noble Lord has some examples, he might like to bring them to the discussion with Ofcom that I mentioned. It would be helpful for the regulator to hear, as well as for us in government as policymakers to understand and see, whether it is on the enforcement and assessment side or the policy-making side that we need to consider this further. I hope he will be able to join us for that.

[Lord Empey (UUP)]

On the amendment of the noble Lord, Lord Wigley, assuming there are a few scraps left for the rest of us, could the Minister tell us what infrastructure role is played when the quotas are being assessed? Some infrastructure needs to be on a massive scale, even a national scale. To what extent is that taken into account when the quotas are being assessed?

[Lord Parkinson of Whitley Bay (Con)]

To qualify as a regional production, at least two of the following three criteria must be met: a production company must have a substantive business and production base in the UK outside the M25; at least 70% of the production budget, excluding some specific costs, must be spent in the UK outside the M25; or at least 50% of the production talent, by cost, must have their usual place of employment in the UK outside the M25. Two of those three criteria have to be met for the assessment to qualify.

The noble Lord, Lord Bassam, rightly used the opportunity to point to the importance of local television providers. The Government recognise the important role that they play, such as Latest TV in his home city of Brighton, in providing excellent local news and content, often to viewers who are digitally excluded. That is why we introduced secondary legislation earlier this month to give Ofcom powers to renew the licences for the local TV multiplex and local TV services. This legislation was informed by the results of a public consultation and will ensure that local TV services continue to receive the valuable regulatory benefits they have received since 2013. That includes not only access to and prominence on Freeview but prominence on regulated electronic programme guides for simulcast satellite, cable and internet protocol television services. I am grateful to him for the opportunity to raise that in the context of the Bill.

[Lord Bassam of Brighton (Lab)]

Might the noble Lord be prepared to meet them at some point? That might have some value.

[Lord Parkinson of Whitley Bay (Con)]

Yes, either I or, I am sure, my colleague in another place who has direct responsibility for this, not just in relation to the Bill but more broadly, will be happy to speak to them further.

--- Later in debate ---

Moved by

[Lord Parkinson of Whitley Bay]

18: Clause 19, page 21, line 37, at end insert “or a non-UK on-demand programme service”
Member’s explanatory statement
This amendment secures that section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue derived from a non-UK on-demand programme service.

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Moved by

[Lord Parkinson of Whitley Bay]

19: Clause 20, page 24, line 3, at end insert—
“(aa) where it is a service that forms part of a designated internet programme service, it satisfies the conditions in subsection (2AA), and”Member’s explanatory statement
This amendment and my amendment to Clause 20 at page 24, line 5, add to the requirements for a relevant service which is part of a multi-service designated internet programme service (see section 362AA(10)(c), inserted by Clause 28).

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I rise briefly to address the government amendments which I have tabled in this group: Amendments 19 to 24, 27 and 28, and 36 to 41. These, although numerous, are all minor technical amendments to provide Ofcom with the necessary tools to ensure that the regime delivers for audiences. The amendments will close off any opportunity for non-public service broadcaster services to qualify. They will update the provisions on contract voiding and provide consistency in definitions, in line with changes that were made to the Bill in another place. They will enable Ofcom to specify that audiences should be able to continue to watch events from the beginning or to rewind while an event is in progress—perhaps including debates in your Lordships’ House—in its adequate live coverage regulations; and they will ensure that Ofcom has appropriate flexibility to determine any penalties. I hope, therefore, that noble Lords can support these amendments and I look forward to noble Lords making the case for the other amendments that they have tabled in this group. I beg to move.

[Baroness Grey-Thompson (CB)]

My Lords, I shall speak to Amendments 25, 26 and 30, which are in my name. I draw attention to my interests in the register: I am also a member of the All-Party Parliamentary Media Group.

Whether it is Wimbledon, the Olympic 100 metre final, the Euros joy and World Cup despair of the Lionesses, or the optimism of the FA Cup, listed events have a special place in people’s hearts and memories—but how and when we watch these big sporting moments that can unite nations and encourage participation, social cohesion and pride is changing. Thanks to the listed events regime, devised in the mid-1990s, major sporting events are freely available to all audiences, especially those who cannot afford to watch sport behind a paywall—great if you can watch in real time on your TV, but currently there is no protection for digital on-demand coverage of these much-loved events. If no action is taken, anyone who wants to watch, say, Team GB on their tablet or smartphone or see the highlights could miss out, especially with events taking place in different time zones.

At Tokyo 2020, the gold medal-winning performance by BMX specialist Charlotte Worthington was watched by just 400,000 people at the time, as it happened overnight, but in the days that followed different forms of short-form coverage of the race generated nearly a tenfold increase in views; and, while the TV reach to the 2022 Commonwealth Games in Birmingham was about 20% lower than for the 2014 Glasgow Commonwealth Games, there were around six times more on-demand views of digital clips. Soon, digital and on-demand viewing will be the norm for watching legends being made. Looking beyond Los Angeles 2028 and Brisbane 2032, could Great Britain’s medal successes be behind a paywall?

Now is the time to not miss the opportunity. The Media Bill offers a once-in-a-generation chance to protect these moments for all of us, however, whenever and wherever we watch, and I am seeking to bring the regime up to date to safeguard the future of listed events for the next generation. The new clause will give enhanced regulatory protection so that these shared national moments are available to us all, making sure the benefits of watching on your TV in real time are afforded to clips and highlights, and will allow for time-shifted viewing, enabling people to watch on tablets and smartphones; and it would secure, where possible, adequate digital on-demand coverage of listed events made available free of charge to us here in the United Kingdom.

Audiences are changing. For Wimbledon in 2023, BBC coverage was streamed 54.3 million times on iPlayer and BBC Sport online—a new record. The men’s singles final peaked at 11.3 million on BBC1, with streams up by 58% on iPlayer, and the women’s singles final peaked at 4.5 million on BBC1, with streams up by 85% on iPlayer. For the 2023 FIFA Women’s World Cup, 12 million watched England’s Lionesses versus Spain on BBC1, with an additional 3.9 million streams on BBC iPlayer and BBC Sport online. There were 25.7 million streams on BBC iPlayer and BBC Sport online across the tournament—a 75% increase on the 2019 World Cup.

It is not just the BBC that wants to see this. The Culture, Media and Sport Committee recently concluded that

“digital rights should be included as part of the listed events”

and an independent report commissioned by Ofcom last year concluded that

“as expectations about the availability of live and secondary coverage of sporting events of national interest changes, we think that the current linear TV-centred regime risks failing to take into account the increasing popularity of secondary coverage”.

We know the Government recognise the issue and consulted industry a year ago, yet nothing has been done. Please do not let this opportunity pass. The time to act is now.

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[Lord Bassam of Brighton (Lab)]

The right reverend Prelate must be an expert with a broom.

[Lord Parkinson of Whitley Bay (Con)]

The House was stunned into silence by the revelation from the right reverend Prelate.

I thank noble Lords for the contributions they have made and the points raised on the other amendments in this group. We, of course, had a bit of a pre-match friendly during our debate on sport led by the noble Lord, Lord Wood of Anfield, on Thursday. Let me start with Amendments 25 and 26 from the noble Baroness, Lady Grey-Thompson.

The Government recognise the intent behind the noble Baroness’s amendments, and I know that she has had concerns about in particular the necessity of the new multisport provisions, whether “adequate live coverage” will meet the mark, and whether public service broadcasters will have the freedom to choose what they cover in the interests of their audiences. Perhaps I may take the opportunity to seek to offer her and other noble Lords reassurance on these questions.

First, on whether these provisions are necessary, the Bill introduces the concept of adequate live coverage for multisport events to ensure that partnerships between broadcasters which deliver for UK audiences can still go ahead in an age where dozens of sporting events can be taking place concurrently. We do not want inadvertently to create a regime which would prevent deals like the one currently in place between Warner Bros. Discovery and the BBC. Expansion of the scope of services covered by the regime to resolve the streaming loophole poses risks to these mutually beneficial partnerships between public service broadcasters and commercial broadcasters for multisport events. That is because the existing requirement for both parties to have the same coverage does not reflect the way that coverage is actually shared between them across different types of services.

There is no intention to weaken the public service broadcasters’ hand in negotiations, simply to ensure that partnerships between them and commercial broadcasters can function effectively to deliver the best outcomes for audiences and rights holders.

On whether “adequate live coverage” will hit the mark for audiences, it will be for Ofcom to make new regulations setting out what will be considered adequate. Following scrutiny and debate in another place, the Government amended to the Bill to set out the matters that Ofcom must take into account when defining adequate live coverage in its regulations. This is an example of Parliament giving direction to the regulator through legislation. This includes the forms of live coverage that would satisfy the interests of the public, and the desirability of facilitating arrangements which result in live coverage of listed events being shown on both public service and non-public service broadcasters.

To protect audiences’ interests, and in keeping with deals we have seen before, any partnership of this nature will require at least two live broadcasts on public service broadcasters. Ofcom is given the power to require more than two streams if it deems it necessary or appropriate, and it could also set requirements regarding the percentage of coverage or other considerations.

Finally, I think the noble Baroness, like me and others who have spoken, believes that it is vital that public service broadcasters continue to have the flexibility and editorial freedom to show the most incredible moments of these multisport events to public audiences. I reassure her and other noble Lords that the Bill enables Ofcom to require that “adequate live coverage” must allow the broadcaster involved to select what parts of the proceedings it wishes to show. It is vital that public service broadcasters maintain complete editorial control of live broadcasts when they enter partnerships so that they have the freedom to make decisions about what events to screen for the British public, and the Bill makes provisions for this.

For those reasons, I do not think that we need the amendments the noble Baroness has brought before us. However, I hope my words have provided reassurance about the checks and balances in place to deliver for audiences in the way she seeks.

[Lord Addington (LD)]

Is the Minister, in effect, saying that he is convinced that, under the current regime, catch up and clips will continue to be available, certainly when multiple sports are happening at different times? Will we get slightly better guidance on that? Will it be available for us to look it up and check on it—certainly before the next stage of this Bill?

[Lord Parkinson of Whitley Bay (Con)]

Yes, the Bill caters for the concerns that have been set out, but I will happily discuss that further with the noble Lord if on reflection he disagrees with the reasons I have set out.

I turn now to the noble Lord’s Amendment 31. The Government are keen to ensure that sporting events are made available to the public as widely as possible. That is why we have the listed events regime. We acknowledge the interest that fans have in watching the sports teams of our home nations compete. As noble Lords will appreciate, however, sports rights holders use income from the sale of broadcast rights for the benefit of the sporting sector more generally, so it is important that the regime continues to strike the right balance between accessibility and the ability of sporting organisations to generate revenues which they can invest in their sports at all levels.

The Government believe that the current list of events works to deliver the best outcome and strikes an appropriate balance. We therefore have no plans to review the list at this time. I know that will disappoint the noble Lord, Lord Addington, but it is why I cannot accept his Amendment 31.

The noble Lord, Lord Bassam, asked me to say a bit more about Amendment 19. We have taken the opportunity, as recommended during the pre-legislative scrutiny process for the Bill, to take steps to ensure that the streamer loophole is closed. This was a major flaw in the current regime which allowed for unregulated online services to acquire listed sports rights, while leaving Ofcom powerless to do anything. The current drafting therefore ensures that all TV-like services providing live content to UK audiences are in scope of the regime. Amendment 19, and Amendments 20 to 22, are technical amendments to future-proof the regime by closing off an opportunity for non-public service broadcaster services to qualify through the back door. The amendments tie qualification for the listed events regime to the way in which qualification for prominence is decided.

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[Lord Bassam of Brighton (Lab)]

I get the sense that the Minister is sympathetic to the point we have made here and that it is more a question of timescale. If the Government are looking at this, what sort of timescale do they think would be right for them to ponder the question more widely?

[Lord Parkinson of Whitley Bay (Con)]

I am loath to set out a precise timescale, but the noble Lord is right: it is a matter of looking at this more fully, as well as considering the complexities of how it could be borne out if it were concluded that that were necessary.

I hope noble Lords will see, through the government amendments in this group, that we have worked with parliamentary counsel to respond to the points that were raised by the Select Committee and Members in another place about the scope of services to be captured by the regime. We have now closed the streaming loophole, which could otherwise have seen live coverage intended for UK audiences disappearing behind a paywall without the protections that the regime offers. However, as I have set out, it is a complex matter that needs a bit more thought. I am happy to set out some of that thinking and to allow officials to do so with the noble Lord if he would find that useful. For those reasons, I hope the noble Baroness, Lady Grey-Thompson, will understand that we cannot support her Amendment 30.

The noble Lord, Lord Bassam, has tabled Amendment 31A. I agree with him that it is crucial that audiences are able to view their favourite sports live in whatever way works for them, whether that is on a traditional TV platform or over the internet. However, as new technologies such as internet protocol television—IPTV—become more prevalent, we need to ensure that they continue to serve audiences. This amendment would ask Ofcom to review the delivery of listed events and other audiovisual content online, with a focus on how internet service providers can work with broadcasters to deliver IPTV. As I have said in previous debates, my department has an ongoing programme of work on the future of TV distribution. As part of this, we are working closely with the Department for Science, Innovation and Technology to consider many of the issues that the noble Lord, Lord Bassam, has raised today, including the reliability and quality of content provision on IPTV. That work is also ongoing.

Ultimately, while I agree that the issues that noble Lords have raised are important ones, this is not a Bill which is focused on the UK’s digital infrastructure. By considering the issue with regard to only one internet service—namely, television—we risk taking a piecemeal approach to what is an important and broader policy issue. For that reason, I am afraid I cannot accept the noble Lord’s Amendment 31A either. I commend Amendment 19 to the Committee.

Amendment 19 agreed.

Moved by

[Lord Parkinson of Whitley Bay]

20: Clause 20, page 24, line 5, at end insert—
“(2AA) The conditions are—(a) that the relevant service is provided by—(i) the BBC or a person associated with the BBC otherwise than with a view to generating a profit,(ii) the provider of a Channel 3 service, Channel 4 or Channel 5,(iii) S4C, or(iv) a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);(b) that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;(c) that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under— (i) section 266 or 267 of the Communications Act 2003, or(ii) paragraph 4 of Schedule 12 to that Act,states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.”Member's explanatory statement
See the explanatory statement for my amendment to Clause 20 at page 24, line 3.

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Moved by

[Lord Parkinson of Whitley Bay]

23: Clause 21, page 25, line 16, after “service” insert “(“the first service”)”
Member's explanatory statement
This amendment and my amendment to Clause 21 at page 25, line 21, alter the definition of exclusively granting rights to include live coverage of a Group A event.

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Moved by

[Lord Parkinson of Whitley Bay]

27: Clause 22, page 27, line 13, leave out from beginning to “and” in line 14 and insert—
“(d) at least two of the second and further services are television programme services,”Member's explanatory statement
This amendment allows relevant services which are not television programme services to be part of the adequate live coverage of a listed event.

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Moved by

[Lord Parkinson of Whitley Bay]

28: Clause 23, page 28, line 31, leave out from “the” to “or” in line 32 and insert “numbers of relevant services of particular descriptions in which the live coverage is included (subject to section 101(4)(d)),”
Member's explanatory statement
This amendment is consequential on my amendment to Clause 22 at page 27, line 13.

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Moved by

[Lord Parkinson of Whitley Bay]

35: Clause 27, page 32, line 17, leave out “public service broadcasters” and insert “this Part”
Member's explanatory statement
This amendment corrects a drafting error.

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I hope that my amendment demonstrates that we wish not only to retain those rules, and to extend them to on-demand services beyond tier 1, but to see them upheld by a regulator doing its job properly.

[Lord Parkinson of Whitley Bay (Con)]

I was not sure whether the noble Baroness, Lady Thornton, wanted to say anything further on the other amendments, but I am happy to come in now.

As noble Lords know, following extensive public consultation on the topic, the Government set out their intention to legislate to give Ofcom powers to draft and enforce a new video on demand code similar to the Broadcasting Code, to ensure that TV-like content, no matter how audiences choose to watch it, will be subject to similar standards. Many of the amendments in this group touch on that. In particular, all tier 1 services will have to comply with the new code. The Bill has been drafted to ensure that the mainstream on-demand services will be under similar obligations as traditional broadcasters, while simultaneously ensuring proportionality in these requirements.

I will address Amendment 70, tabled by the noble Lord, Lord Foster of Bath, which would bring all UK on-demand programme services under Ofcom’s current Broadcasting Code, including special impartiality requirements for

“matters of political or industrial controversy; and … matters relating to current public policy”.

The Government have been clear about the importance of ensuring that new regulations for video on demand services are proportionate and fit for purpose, and that they take into account the unique characteristics of an on-demand environment, which the Broadcasting Code does not. There are some key differences between linear and on-demand television, and there are some specific elements of the Broadcasting Code that would be less practical to apply to video on demand services. For example, the watershed, which limits material that is more appropriate for adults to be broadcast after 9 pm, would not be effective for regulating streaming services, because its content can be chosen on demand by audiences, rather than being broadcast live at a particular time.

That is why we are giving Ofcom powers to design a new video on demand code rather than simply bringing these services under the existing Broadcasting Code. Importantly, the Bill also sets out a proportionate and practical approach to bringing on-demand services under the new code, capturing mainstream streaming services which target and profit from UK audiences. There are already over 270 video on demand services notified to Ofcom, and many of these simply do not provide TV-like content or are not widely accessible. It is essential that we balance audience protection with freedom of expression.

Extensive public and industry consultation shows us that the smallest and niche services, such as an on-demand service for a particular football team, could be unfairly and unnecessarily penalised by a blanket approach, with little or no benefit to audience protection and at a risk to the service’s sustainability. The Bill has been designed to ensure that regulation can be updated to add further, or even all, video on demand services into tier 1, if that is considered appropriate.

I hope that this explanation reassures the noble Lord, Lord Foster, that the video on demand code will have similar objectives to the existing Broadcasting Code but will be tailored to take into account the particular circumstances of audiences accessing content in an on-demand context.

I turn next to Amendment 58 from my noble friend Lord Lansley, regarding protecting audiences from being exploited by subliminal messaging—I wonder if he was trying to tell us something.

[Noble Lords]

Oh!

[Lord Parkinson of Whitley Bay (Con)]

I thank your Lordships.

I thank my noble friend for raising this issue, as it gives me the opportunity to clarify on the record that the legislation as drafted will already enable Ofcom to draft the video on demand code to protect audiences from this type of harm. Ofcom is given an overarching duty to protect audiences from harm. The legislation does not need to list each and every potential type, although we are grateful to my noble friend for raising this issue for our consideration today. In addition, to further reassure him, on-demand programme service rules already specifically prohibit advertising which uses techniques which exploit the possibility of conveying a message subliminally or surreptitiously. These rules will continue to apply following Royal Assent to the Bill.

The noble Baroness, Lady Thornton, began our debate on this group with her Amendment 35A regarding children’s literacy. The Government are committed to continuing to raise literacy standards, ensuring that all children, including those from disadvantaged backgrounds, can read fluently and with understanding. We are very proud of the leaps and bounds that we have made on this over the last decade and a half in government. By ensuring high-quality phonics teaching, the Government want to improve literacy levels to give all children a solid base on which to build as they progress through school, and help children develop the habit of reading widely and often, both for pleasure and for information.

My portfolio covers libraries, and I had the pleasure of asking my noble friend Lady Sanderson of Welton to conduct an independent review of public libraries, which of course begins with the importance of reading and literacy. We know that one of the most powerful engines of social mobility is reading for pleasure; I echo many of the points that the noble Baroness, Lady Thornton, set out in her speech. We are currently refreshing the Government’s strategy for libraries, drawing on some of the recommendations that my noble friend Lady Sanderson made in her independent review, based on the consultation, round tables and discussion that she had with people across the country, from the sector and beyond.

The Department for Education recently made an assessment of the evidence behind the Turn on the Subtitles campaign, which the noble Baroness and the noble Lord, Lord Foster, mentioned. That assessment by the Department for Education concluded that the current evidence is inconclusive as to whether turning on the subtitles improves children’s reading. As the noble Baroness is aware, the Bill will look to improve subtitles provision on mainstream video on demand services. However, in the absence of clear evidence to the contrary, we believe it should be the choice of parents and guardians whether their child watches television programming with the subtitles on.

We have discussed this with providers, which have been clear that the technology simply is not there in many cases to turn the subtitles on by default for specific programming, even for certain ages, as the noble Baroness suggests. Short of embedding the content with subtitles—in which case viewers would not be able to turn it off—and without the absence of conclusive evidence about the benefits, we do not think that would be appropriate. However, I am grateful to the noble Baroness for the opportunity to talk about the campaign and the analysis which we have made so far.

On my noble friend Lord Lansley’s Amendments 43 and 59, on prohibiting political advertising on tier 1 video on demand services, political advertising is a fundamental part of any democratic system and is an established way for political parties and campaigners to connect with the public and have their message heard in a cost-effective manner, thus contributing to a level playing field among campaigners of different sizes and financial means. Paid political advertising on digital platforms such as YouTube and Instagram has been used by campaigners and political parties of all colours for some time, and is not objected to by the majority of those who campaign in that way.

In contrast, the legal ban on paid political advertising on television and radio, currently regulated by the Communications Act 2003, stems from a long-standing tradition which continues to be supported across the political spectrum. In considering any changes to the rules governing political advertising, the Government think it essential to consult political parties and to achieve cross-party consensus on an issue which directly affects campaigners from all parties and other campaigning groups. Regulation must be balanced with the rights of freedom of expression and public debate, which are both crucial to a thriving democracy, and no such consultation has yet been undertaken.

[Lord Lansley (Con)]

Can I ask my noble friend two quick questions? First, have the Government engaged in any such consultation with the political parties in anticipation of this Bill, with a view to inquiring whether the ban on political advertising for broadcasters should be included for tier 1 services? Secondly, did he not tell us that the tier 1 standards code is for mainstream on-demand programme services, which are in that sense comparable with what we see in the broadcasting environment, not the more peripheral and digital access providers such as YouTube and so on?

[Lord Parkinson of Whitley Bay (Con)]

It is similar but different. We have not consulted the other parties on this issue, not least because my department does not have direct responsibility for the regulation of political advertising—that falls to others. Of course, we work across government on these issues, but the simple answer to my noble friend’s question is that we have not had that that consultation. On a matter such as this, it is important to do that on a cross-party basis and to try to seek consensus before bringing forward proposals, particularly in an election year.

[Baroness Thornton (Lab)]

To clarify that, does that mean that the Government intend to have this consultation with the political parties about paid political advertising; in other words, are the Government thinking that they would like to change the rules and regulations?

[Lord Parkinson of Whitley Bay (Con)]

No, although if the other parties wish to talk about the matter which my noble friend has raised through his amendment, I am sure we would be happy to do so. However, without that consultation and cross-party conversation on it taking place, I would be wary of proceeding with it in the Bill.

[Lord Lansley (Con)]

I am sorry to interrupt my noble friend again but as we are in Committee, perhaps I might be allowed just to press the point. Time is of the essence here. This is the Media Bill, and we anticipate that it should be enacted before the election. It could be brought into force before an election. We know that ITVX is in this position of providing what will be tier 1 services under the Bill, and that it has not excluded that it might take paid political advertising. That is quite a significant place for a public service broadcaster operating an on-demand programme service to place itself in. Is my noble friend saying that the Government are happy for this to happen, they are content for this to happen, or that they are simply not willing to do anything to stop it happening?

[Lord Parkinson of Whitley Bay (Con)]

My noble friend’s second interjection allows me to clarify an important point on timing. If he intends for this amendment to be in effect before the next general election, I must say to him that that is highly unlikely. Even if cross-party consensus were reached swiftly and changes were made to the Bill, the provisions in Schedule 5 would come into force only following the drafting and implementation of the video-on-demand code, which is unlikely to happen before the next general election. He has raised an important issue, on which there needs to be cross-party consultation and consideration before anything is brought forward but, even if that happened very swiftly, it would be unlikely to be in place before the next general election. It is important to remember also that, during regulated election periods, campaigners are subject to campaign expenditure limits when promoting paid political adverts, which further protects the level playing field between campaigners, both online and offline.

Finally, Amendment 44, also in the name of my noble friend, would allow the Secretary of State to consider the purchaser’s commitment to the video-on-demand standards code in a media merger case involving a broadcaster. While I agree with his intentions of ensuring sufficient protections for audiences, I hope that I can reassure him that this is already sufficiently covered in the Bill, in particular and elsewhere. The Secretary of State already has powers under the Enterprise Act 2002 to intervene in media mergers on the basis of a need for high-quality broadcasting and a commitment to broadcasting standards more widely. In addition, the Bill gives Ofcom the necessary tools to regulate video-on-demand services, including information-gathering and enforcement powers. Similar statutory sanctions such as financial penalties that can be applied to linear broadcasters by Ofcom will also be available to apply to on-demand services. So, for these reasons, I do not think his Amendment 44 is needed.

[Baroness Thornton (Lab)]

My Lords, I thank the Minister for his answer. I am quite glad that I waited to make my comments until I had heard what the Minister and other noble Lords had to say when speaking to their amendments, particularly the noble Lord, Lord Foster.

Let us first dispose of the probing amendment that leads this group. We have here a moving scenario about subtitles and we are just going to have to keep watch on that, because clearly the generations to come like subtitles on their television sets or whatever devices they are using. That is interesting, and I look forward to further research into how that might support educational purposes. I think we would all want that to happen. Some of the stakeholders have explained to me that the technology does not exist to do it easily.

Regarding the other amendments in this group, the noble Lord, Lord Lansley, has surfaced several very important questions. In terms of political advertising, on this side we are not looking to have any consultation on this, but we were seeking some clarity about whether there was a loophole in this Bill—the noble Lord, Lord Lansley, used those words—for the future. That question is still not answered, so we will need to watch that.

The main issue that these amendments, particularly Amendment 70, tabled by the noble Lord, Lord Foster, brought forward concerns robust regulators and scrutiny. What I am taking away from this debate is that there are questions about how Ofcom has conducted itself in recent times. Questions have been raised about how robust it is being, and about impartiality and those sorts of issues, and therefore the confidence that we need to have in Ofcom as we move forward with this piece of legislation. However, we will be coming on to that in later groups. The noble Lord, Lord Foster, put the case extremely well. We thought that his amendment, on the face of it, seemed a rather sensible move, so I suspect that we will return to discuss this issue in due course. I beg leave to withdraw my amendment.

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Moved by

[Lord Parkinson of Whitley Bay]

36: Schedule 2, page 123, line 22, leave out “for “televise” substitute “show”” and insert “after “means” insert “—
(i) in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and(ii) in relation to a financial penalty imposed under subsection (1) or (2),””Member’s explanatory statement
This amendment specifies the method for determining the maximum financial penalty that OFCOM may impose under section 102(A1) or (B1) of the Broadcasting Act 1996.

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[Baroness Thornton (Lab)]

The right reverend Prelate is nothing if not consistent. He has been raising what “appropriate” means in the Bill from the word go.

This group of amendments, and the debate which we have just had, is in many ways at the heart of the Bill. At its heart is the issue of our public service broadcasters as the cornerstone of our broadcasting sector in the UK, investing, as they do, billions of pounds in original productions and creating content that is trusted, valuable and entertaining for UK audiences. In return for the high standard of programming and investment that public service broadcasters provide, their channels have been made easy to find on linear television sets—to the benefit of audiences across the country. However, amid rapid changes in how viewers access television and content more generally, the prominence regime, which has not been updated for decades, is at increasing risk of becoming diluted and outdated.

It seems there are two major issues. First, public service broadcasters are in danger of being cut out of view, as noble Lords have said in this short debate, as global content players and platforms strike international deals with online platforms for prominence. Secondly, as a result, our public service broadcasters are at risk of being forced to concede increasingly material percentages of their revenue to those platforms simply to appear on them.

In this situation, it seems that almost everybody loses out—from audiences to the wider UK production economy, even the platforms themselves, which might find themselves in a position where they cannot promote the content that UK viewers most want to see. A new prominence framework for the digital era, therefore, was always going to be crucial. These amendments address how prescriptive such a new regime should be in legislation.

We on these Benches welcome that the Government have avoided explicitly spelling out what prominence looks like in the Bill or making primary legislation restrictive or resistant to future changes in technology and behaviour. Instead, we endorse a principles-based approach based on finding mutually beneficial carriage deals between what are branded “designated internet programme services” and “regulated television selection services”, with Ofcom able to provide a framework in which those negotiations can operate. Ofcom must show that it can and will undertake this important duty as a regulator. There must be strong dispute resolution and enforcement powers for Ofcom, including the ability to impose significant penalties as a result of non-compliance. That allows for maximum flexibility in both legislation and negotiations, as well as proper protections where agreements cannot be reached. It also allows for the regime to be expanded where necessary to capture new technology via which people might be watching television content. Platforms and PSBs have a history of successful negotiations, creating mutually beneficial deals and partnerships that it would be counterintuitive for the prominence regime to undermine.

We support the drafting, but we seek some clarity on the requirement to secure “appropriate” prominence. This was a major topic of discussion during the pre-legislative scrutiny process, with the majority of PSBs calling for this to be upgraded to “significant” prominence. The arguments were based mostly on the differences between linear and digital streaming landscapes.

I invite the Minister to provide a full response to the legitimate argument for “significant” prominence, and to outline the reasons why the prominence requirement has not been upgraded. What conversations have been had with Ofcom on how the detail of the regime will be set out in the code of practice to ensure that it meets its aims? We will need a strongly empowered Ofcom if the Bill is to succeed.

The BBC has consistently called for the possibility of including remote controls and multi-use devices in the prominence regime. I know that its latest thinking is that electronic programme guides could be given prominent buttons on remotes, rather than one PSB in particular. Though we are all keen to see this legislation on the statute book, our aim is that we fully seize this once-in-a-generation opportunity to ensure that public service content is easily findable in the digital age. The Minister must assure us that that can be achieved and tell us how.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the introduction of the new online prominence framework is arguably the most important change that the Bill brings about in terms of ensuring that high-quality public service content remains available and easy to find online, and in helping to secure the future sustainability of the public service broadcasting system in the UK, of which we are so proud.

I will speak briefly about government Amendments 48 and 49 together. These amendments are to ensure consistency with Part 3A of the Communications Act 2003 in how the Bill describes the content and channels contained within the internet programme services that may be designated by Ofcom. These are technical amendments and I hope noble Lords will support them.

I now turn to the other amendments in this group that noble Lords have spoken to. The duty on regulated television selection services to give prominence to designated services goes to the very heart of the regime, so I understand why many noble Lords have strong views on this—as we heard today and at Second Reading—and why they are keen to ensure that the drafting delivers sufficient prominence for our public service broadcasters.

Amendments 46 and 47 seek to amend the duty on platforms to give designated services “appropriate” prominence to “significant” prominence. I can reassure noble Lords that a lot of careful consideration has gone into the exact wording used in relation to this duty on discoverability. We have consciously designed the new online prominence framework to ensure that it strikes the right balance between ensuring that important public service content is easy to find online and ensuring that regulation is operable and proportionate.

As I made clear on Second Reading, there is a reason why we chose to use “appropriate”—it is a well understood term that has been delivering effective prominence for our public service broadcasters in relation to linear broadcasting for two decades now. It is the term used in the Communications Act so is understood in this context, even if etymologically—lexicographically—we may continue the debate. We remain of the view that “appropriate” is the right descriptor for prominence and that any amendments to the drafting—including removing “appropriate” or changing it to “significant”—could have unintended consequences for the overall user experience. It is not the intention of the new framework to restrict innovation or undermine customer choice or personalisation, for instance.

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[Baroness Thornton (Lab)]

I agree with what the noble Lord, Lord Lansley, said about the group being “miscellaneous”. It suggests it is a bit of a hotchpotch when, in fact, the noble Lord has already asked some very pertinent questions, which my noble friend’s Amendment 54A asks as well. It intends to probe the Government’s intentions to address digital exclusion relating to access to television. Quite a few of the stakeholders raised this issue with us as we prepared for this Bill; I think they will have done with other noble Lords as well.

The amendment asks the Secretary of State to

“prepare and lay before Parliament a report on the impact on the UK economy of addressing digital exclusion”,

including,

“an assessment of the impact of current and future levels of digital exclusion”

and

“an assessment of the likely costs of delivering a programme to … drive uptake of internet connectivity”—

an issue we have discussed in the House on many occasions—

“and digital devices to support access to television and … provide suitable support for skills development for those who need it in order to access television services”.

If the Bill is about the future and what might happen, we also have to address the fact that there will be millions of our fellow citizens who will not have access in different ways. We need to take account of that and work out how best we can approach it. That is what the amendment is about.

With his Amendment 45, the noble Lord, Lord Lansley, raises issues about how we look to the future to ensure that the Bill is comprehensive and covers the issues that need to be covered when preparing the standards code.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, “miscellaneous” is certainly one of those words that we use in your Lordships’ House and mean all manner of things by it.

I am grateful to my noble friend Lord Lansley for his Amendment 45, which probes the Bill by seeking to amend the Communications Act 2003 to require Ofcom to consult those interested in news content provided by broadcasters in any format before setting broadcasting standards. As he set out, this aims to reflect the shifts we have seen in recent years towards digital news consumption. However, the Government do not believe it is necessary to make changes such as these to the requirements on Ofcom, which would blur the lines between the regulation of television on the one hand and the regulation of the press on the other. That is because we do not intend to amend the regulation of the press or of broadcast news content.

We are committed to protecting media freedom and the invaluable role of a free press in our society and democracy. As part of this, we are committed to upholding independence of the press and taking steps to preserve the existing system of self-regulation. That is why we are repealing Section 40 of the Crime and Courts Act, and why we acted, through the Online Safety Act, to preserve the ability of readers to access recognised news publishers’ content online. The world of television is naturally different. For almost a century, what we have seen on the small screen has been underpinned by a clear set of broadcasting standards. This is something that UK audiences have come to know and value.

In a sense, this amendment addresses one potential boundary issue: the treatment of news websites, and in particular those run by broadcasters themselves—into which category are they to fall? Our considered view is that, in general, such websites are the digital extension not of television but of newspapers. A number of factors point towards this, not least that they are text-based and, in sharp contrast to teletext, rarely accessed from a television set. Viewed in this way, it is clearly inappropriate to apply the Broadcasting Code to them. I thank my noble friend for his probing amendment, but I hope I have reassured him why we do not need to add it to the Bill.

I thank the noble Lord, Lord Bassam of Brighton, and the noble Baroness, Lady Thornton, for Amendment 54A, and for starting an important debate on digital inclusion as it relates to television. I agree with them that it is essential that access to high-quality television is universal and should not be dependent on having a high level of digital skills. In previous debates on this Bill, we have already discussed the importance of ensuring that nobody is left behind. I hope I was able to reassure noble Lords that the Government have guaranteed the provision of digital terrestrial television until 2034 at least, and that to turn off this technology would require primary legislation. We know that a key benefit of this technology is how easy it is to use, and we will continue to protect the millions of households that rely on it.

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Moved by

[Lord Parkinson of Whitley Bay]

48: Clause 28, page 43, line 12, leave out “provided by” and insert “included in”
Member's explanatory statement
This amendment and my amendment to Clause 28 at page 44, line 13, are minor drafting changes.

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Moved by

[Lord Parkinson of Whitley Bay]

52: Schedule 3, page 130, line 16, at end insert—
“1A In section 393 (general restrictions on disclosure of information), in subsection (6), in paragraph (a), after “137A” insert “, 362AG(7), 362AW”.”Member's explanatory statement
This amendment adds a consequential amendment relating to Clause 28.

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Channel 4 has been a wonderful innovation. I was around when it was rolled out; I was sceptical at the time, I confess, but I cheered as it grew, became more challenging and produced content that was genuinely thought-provoking, as I think we all did. We on our side do not wish to fetter opportunity. We appreciate that this is a probing deletion of a clause, and I should make it clear that we would not support it, but we share some of what I described earlier as the well-meaning intentions behind it. I look forward to what the Minister has to say and to getting some more detail and flesh on the bones of what was a strange announcement in context that has given rise to some uncertainty in the sector.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, Clause 31 forms an essential component of our plans to support Channel 4’s long-term sustainability so that the channel remains an important and distinctive part of our broadcasting system for many years to come. It is always a pleasure to hear praise from the Benches opposite for the legacies of the Thatcher Governments.

The publisher-broadcaster restriction, as set out in Section 295 of the Communications Act, is unique to Channel 4 and prevents it from being involved in the making of programmes for the Channel 4 service, except to such an extent as Ofcom may allow. As a result, Channel 4 is significantly more dependent on advertising revenue than other commercial broadcasters—a point that we have touched on, as the noble Lord, Lord Bassam, rightly reminds us, in the debates that we have had on alternative means for securing money for the channel’s long-term sustainability. In particular, two-thirds of Channel 4’s revenue comes from linear television advertising, the market for which is both highly cyclical and in long-term structural decline because of the declining number of people watching linear television.

In response to these challenges, last year the Government announced a package of reforms that would help to support Channel 4’s long-term sustainability while retaining it in public ownership. The removal of the publisher-broadcaster restriction is a key element of that package that will open up opportunities for Channel 4 to further diversify its revenues away from advertising by making its own programmes, should it choose to do so. The Government undertook an assessment of the impact of that and published it on GOV.UK. We will happily direct the noble Lord and others to that so that they can see the assessment that we set out when bringing the package of mitigations forward.

I understand the concerns set out by the two noble Baronesses about how the change might affect Channel 4’s support for the independent production sector across the UK, which were also raised when this issue was discussed in the other place, and we touched on it in our first group of amendments today. That is why, when we announced our intention to remove the restriction, we were clear that we would work closely with the production sector to ensure that Channel 4’s important role of driving investment into the sector would be safeguarded. The outcome of that work was a substantial package of mitigations that we announced in November, some of which, such as the introduction of new Channel 4 commissioning duties and an Ofcom-led review, are included in the Bill. Those mitigations, which also include increasing the level of Channel 4’s independent production quota, will be implemented in the event that Channel 4 incorporates a production company.

Channel 4 itself has welcomed the removal of the restriction and has said that in-house production could offer good long-term support for financial sustainability, while reaffirming its commitment to continue to invest in and champion independent producers, as it has done for the last 40 years. Ultimately, a stronger and more resilient Channel 4 will be best placed to continue playing its integral role in our broadcasting ecosystem for many years to come. By contrast, failing to remove Channel 4’s publisher-broadcaster restriction would mean passing up an opportunity to help it to deliver on that important ambition. That is why Clause 31 is an important clause and should stand part of the Bill.

[Lord Bassam of Brighton (Lab)]

What sort of costs does the Minister anticipate the channel will face in setting up its own production company? Has any estimate been made of that? What discussions have the Government had with the company to ensure that it can secure that in the most cost-efficient way?

[Lord Parkinson of Whitley Bay (Con)]

I have no estimate of my own, but I will happily find out and provide the noble Lord with any estimates that have been made.

Clause 31 agreed.

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Moved by

[Lord Parkinson of Whitley Bay]

55: Schedule 4, page 134, line 8, at end insert—
“21A In section 39 (interpretation of Part 1), in subsection (1), in the definition of “S4C” and “S4C Digital”—(a) omit ““S4C” and”; and(b) omit “each”.”Member's explanatory statement
This amendment and my amendment to Schedule 4 at page 134, line 18, add consequential amendments relating to Chapter 2 of Part 3.

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[Baroness Thornton (Lab)]

My Lords, Amendments 67 and 69 are in my name on the Marshalled List. Amendment 67 would add signposting measures to the audience protection measures which Ofcom must review under new Section 368OB of the Communications Act 2003. Amendment 69, in common with the amendments that have already been spoken to, would require Ofcom to consider whether age-rating systems used by a tier 1 service meet a set of minimum standards.

My amendments are very similar to those tabled by the noble Lord, Lord Storey, and the noble Baroness, Lady Benjamin. The key to our amendments and those of the noble Lord, Lord Bethell, is the need for us to be consistent in the way that we deal with children and age rating, so that systems are easily understood by parents and fulfil the standards that we have in this country about child protection, wherever it is. The Minister will be aware of all this, since he lived through the Bill that is now on the statute book as the Online Safety Act.

I was slightly surprised when I received a briefing which was signed by many of the stakeholders in this area—a number of companies, but it also included the PSBs. It made an argument against the three sets of amendments that have been put down. I was rather struck by this—I think they were a bit naughty in this briefing, in my view. For example, they included the public service broadcasters, which are not affected by this; this is absolutely not relevant to them. I would like the Minister to confirm that that is absolutely the case: this is not about their content at all.

The briefing also makes various statements about the commitment that many of the companies have to collaborating with Ofcom during the passage of the Bill, but that they want to take into consideration “audience research Ofcom conducts”. If it is the case that these companies are all committed to this then I can think of no reason why they would object to the minimum standards that we have put in our amendments being in the Bill. We are not saying that they should necessarily adopt the BBFC standards; what we are saying is that they need to show that their age ratings are comprehensive, understandable and sensible.

Some of these big beasts, if I might call them that, which have objected to this are doing it because they are big beasts. Frankly, I am unimpressed by that. We know, for example, that the same thing happened when New Zealand was dealing with this issue. But guess what? They are all complying with minimum standards there and it does not seem to have been a problem. If they can do it in New Zealand, I cannot see any reason why we would not be able to do it in this country.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am in complete agreement with the noble Lords who have spoken about the need to protect children and vulnerable audiences from the harmful and inappropriate video on demand content to which they might be exposed. We are aware of the strength of feeling in your Lordships’ House and elsewhere on the need to ensure that the protection measures used by on-demand services are robust, and that providers are rightly held to a high standard when delivering them.

This is a key issue that the Bill will address by bringing mainstream, TV-like on-demand services in scope of a new video on demand code. The code will be drafted and enforced by Ofcom, which has a long track record of regulating broadcast television to ensure that it is age-appropriate and protects the most vulnerable. Ofcom will also be required to conduct reviews of the audience protection measures being taken by all on-demand services, whether or not they are subject to the new code. I can reassure noble Lords that the concerns raised today are already well covered by the Bill as drafted. Ofcom will be given extensive powers to set standards, assess video on demand services’ audience protection measures, and take action that it considers appropriate. If audiences are concerned, they can complain to Ofcom and the regulator can, in the most serious cases, apply sanctions, such as financial penalties, or even restrict access to that service in the UK.

Amendment 67 would add

“information about where viewers can seek help and further resources if they have been affected by content”

to the non-exhaustive list set out in new Section 368OB(4), a subsection which provides examples of audience protection measures. I agree that signposting audiences in this way is an important measure that all services should consider using where appropriate. I am pleased to say that many already do. However, the Bill already fully enables Ofcom to review or provide guidance on any such measures. The Bill, as drafted, purposely provides only a non-exhaustive list of measures that Ofcom can consider. As a result, it enables Ofcom to take into account anything it considers appropriate, which can of course include signposting.

Amendments 57 and 69 look to set specific standards for services that use age ratings—namely, that age ratings are consistent, recognised by UK audiences, based on transparent standards and

“informed by regular consultation with the … public”.

Let me be clear: the Bill already gives Ofcom the power to set these standards, and others, through its new video on demand code. It will rightly do that through consultation with audiences, providers and interested organisations such as the British Board of Film Classification. Ofcom must keep those rules under constant review, so that they can be adapted to take into account changes in audience expectation and technological change. In our view, the important thing is to ensure that effective protection is in place, rather than necessarily specifying as a matter of statute that systems have to be provided in a certain way or by any single or specific organisation.

Amendments 61 to 66 take this quite a few steps further by proposing an Ofcom certification scheme for those services which want to use age ratings but choose not to use the BBFC’s system. My concern is not only that this puts another responsibility on Ofcom but that it could actively discourage providers from using age ratings at all to avoid the need to get such measures certified.

I appreciate, as my noble friend Lord Bethell set out, that he has updated his amendment following dialogue with a number of companies to provide a new option for existing linear broadcasters: reliance on the Broadcasting Code when age-rating their content. This creates challenges of its own, given that the Broadcasting Code contains very little information on age ratings as they are rarely used on linear television. It is also unclear why, if the aim is for a consistent set of standards, some tier 1 providers should be treated differently from others in this way.

Finally, Amendment 60 places an obligation on Ofcom to consult the BBFC every time Ofcom considers a revision of the video on demand code. Such an obligation would be unnecessary and potentially inappropriate. While the BBFC has some interest in the issue of age classification, the scope of this amendment would include areas where it has little or no expertise—to give a topical example, it would include due impartiality in news. I reassure noble Lords that Ofcom is already obliged to consult widely with appropriate organisations. We are satisfied that Ofcom and the BBFC already have regular conversations on a number of issues.

--- Later in debate ---

Moved by

[Lord Parkinson of Whitley Bay]

68: Clause 38, page 81, line 27, at end insert—
“(2) In section 393 of that Act (general restrictions on disclosure of information), in subsection (6), after paragraph (aa) insert—“(ab) limits the information that may be published by OFCOM under section 368OB;”Member’s explanatory statement
This amendment adds a consequential amendment relating to Clause 38.

Community Sports: Impact on Young People

Lord Parkinson of Whitley Bay Excerpts

Thursday 16th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I thank the noble Lord, Lord Wood of Anfield, for securing this excellent debate and the brilliant way in which he kicked it off.

I congratulate and welcome the two noble Lords who made their maiden speeches; we were delighted to hear from them both. The noble Lord, Lord Hannett of Everton, already has the measure of the less partisan debates that we have in your Lordships’ House, with his carefully judged and diplomatic comments on the fraught politics of Liverpool derbies. He spoke proudly and powerfully about the community work undertaken by Everton Football Club. The noble Lord, Lord Shamash, gave us some red-blue clashes, but only in connection with the football clubs of Manchester. He also gave us a rare example of a maiden speech from a life Peer that was able to refer to his noble kinsmen and to some 19th-century lineage. We enjoyed both speeches and look forward to hearing from both noble Lords in the future.

Millions of people across the country play, watch and enjoy sport every day. As noble Lords mentioned, it is central to our national identity and to the identities of communities across the country. The benefits of participating in sport and physical activity are well known: an active life is a happier, healthier and more prosperous life. Being active promotes individual well-being and improves both our physical and mental health. It was good to hear both mentioned in the contributions today.

Being active reduces loneliness, fosters social cohesion and strengthens our communities. A more physically active nation can help to ease the pressure on front-line services such as our National Health Service, and research commissioned by Sport England shows that, for every £1 invested in community sport and physical activity, there is a return of almost £4 in wider social and economic value. I was glad that the Motion that the noble Lord brought before us focused on both the social and economic contribution that sport makes to society.

That is why His Majesty’s Government are committed to ensuring that everyone, no matter their age, background or ability, is able to play sport and be active. A robust and high-performing sport sector is also immensely valuable to our economy, contributing almost £49 billion a year in gross value added and providing over half a million jobs.

The government sport strategy Get Active, published last summer, sets out our ambition to build a more active nation and our vision to ensure that the sector can thrive in the years ahead. It commits us to helping 2.5 million more adults and 1 million more children meet the Chief Medical Officers’ physical activity guidelines by 2030. In addition to this national ambition, we have also committed to specific goals aimed at groups of people identified as among the least active. Get Active also sets out our desire to ensure that our country has a sport and physical activity sector which is efficient, resilient, financially robust and environmentally sustainable and which effectively protects and supports everyone who wants to play sport.

While my department holds the remit for sport, it is the responsibility of many departments and organisations across government and beyond to support that shared ambition to shift the dial on physical activity. That is why we have set up the National Physical Activity Taskforce, to bring together government departments, the sport sector and independent experts, to deliver co-ordinated and innovative policies that will encourage people to be more active. Regular physical activity can help prevent and manage over 20 chronic conditions and diseases, including some cancers, heart disease, type 2 diabetes and depression, vitally easing the pressure on our health services. Physical inactivity is associated with one in six deaths in the UK and is estimated to cost the UK £7.4 billion annually, including about £1 billion to the NHS alone. Increasing physical activity can therefore deliver cost savings for the health and care system as well as the obvious benefits to the lives of individual people.

In England, one in three children leaving primary school is overweight or obese, with one in five living with obesity. In total, obesity costs the National Health Service around £6.5 billion a year. With a direct link between a lack of physical activity and obesity, there is a clear benefit to encouraging physical activity in our children, particularly, as noble Lords mentioned, if these habits are maintained into adulthood. Research suggests that active adolescents who maintain this good habit into adulthood have a lower risk of cardiovascular disease, and better mental health.

We provide the majority of support for grass-roots sport through our arm’s-length body, Sport England, which receives £323 million in funding from the Exchequer and the National Lottery each year. Sport England’s work is focused on tackling disparities in participation and increasing opportunities for those in greatest need. One of Sport England’s partners is the Active Partnerships network, which exists to create a healthier nation by funding and enabling levelling-up opportunities for participation in sport across the country.

At least 75% of Sport England investment is being committed to areas of the country with the lowest levels of physical activity and social outcomes. It funds work spanning established sports such as football and netball, as well as newer sports and activities such as padel, dance and BMX, which extend their reach to wider audiences. We will continue to monitor how money is spent, to gather data to show its impact at a local level and to work with Sport England to include specific key performance indicators to decrease inactivity, particularly among underrepresented groups.

We heard from noble Lords about a range of sports. The noble Baroness, Lady Nye, gave a powerful case study of golf. I am pleased to say that one of the special advisers with whom I had the pleasure of working at DCMS, Mr Robert Oxley, now works for the R&A doing great work to champion many of the benefits that the noble Baroness extolled in her contribution. My noble friend Lord Hayward spoke very powerfully about the value of sports teams—to everybody, including marginalised groups. Like the noble Baroness, Lady Thornton, I wish all those taking part in the Bingham Cup in Rome next weekend all the best.

I was very glad that the noble Lord, Lord Drayson, mentioned motorsports, including Formula 1, which is the sport that I follow most keenly. Fans across the UK were delighted to see Lando Norris secure his first win, in Miami. We hope that it is the first of many. I was glad that the noble Lord also mentioned Earl Howe, winner of Le Mans and inaugural president of the British Racing Drivers’ Club, which still owns and operates Silverstone, the home of the British Grand Prix. I hasten to add that this was the fifth Earl, not my noble friend the current Deputy Leader of the House, whose own achievements are manifold.

The Government are particularly focused on how we can support our children and young people to be more active. Participation in school sport has significant well-being benefits, improving young people’s mood and confidence, as noble Lords noted, as well as having a positive impact on their work and behaviour in school. The Government want all school pupils to have access to high-quality PE, school sport and physical activities. Quite simply, experiences in school have a significant impact on young people and can inspire a lifelong habit of being physically active.

PE is a compulsory subject in the national curriculum from key stage 1 to key stage 4. It may be the only exposure that some young people get to organised physical activity. As my noble friend Lady Sater mentioned, the Government continue to fund primary PE through the sport premium. Last year, we confirmed over £600 million of investment in the PE and sport premium for this academic year and next, helping primary schools to deliver high-quality PE and sport provision for their pupils.

Alongside community sports facilities, facilities on school sites represent an important resource for pupils and their families. Last year, the Government confirmed that up to £57 million was being made available to support schools to open their sporting facilities beyond the core day, at weekends and in school holidays. As of last month, over 1,400 schools across England are taking part in the programme, and funding has been targeted where it will have the most positive impact.

The Government also support sport and physical activity outside the school term through the Department for Education’s £200 million investment in the holiday activities and food programme. Last summer, that programme reached over 680,000 children and young people across each of the 153 local authorities in England.

The Government are acting to deliver the right facilities that communities everywhere need across the UK. Our direct investment is delivered mainly through three major programmes. The £327 million multisport grassroots facilities programme provides funding to create and upgrade up to 8,000 football and multisport facilities across the UK. It is not just football focused; 40% of our projects will deliver facilities that can support multiple sports. The noble Lord, Lord Wood, referred to tennis courts in his opening speech; our £21.9 million park tennis court renovation programme aims to renovate over 3,000 public park tennis courts to a playable standard, across Scotland, England and Wales. Our £60.8 million swimming pool support fund supports public swimming pool providers in England with immediate cost pressures to make their facilities sustainable in the longer term.

The Government recently announced an investment of £35 million to extend the England and Wales Cricket Board’s primary and secondary schools programme and to deliver the construction of 16 new cricket domes in places connected with the hosting of the women’s and men’s T20 World Cup. This investment builds on existing investment from Sport England to support children from lower socioeconomic groups to get active. Further details on the location of the new domes and the targeting of funding will be announced in due course.

The Government proudly have a manifesto commitment to maintain the UK’s world-leading reputation for hosting major sporting events, which we know deliver a range of benefits across the whole country. For example, we have just published the final evaluation report into the Birmingham 2022 Commonwealth Games, which concludes that around £1.2 billion of GVA was added to the UK economy as a result of those Games. There was a 6% increase in visitor numbers to Birmingham that year and a 27% increase in foreign direct investment projects in the West Midlands. I commend the leadership of the outgoing Mayor of the West Midlands, Andy Street, for that and in many other regards.

The Lionesses’ fantastic performance at the European Women’s Championship two years ago truly inspired the nation, with a record-breaking crowd of over 87,000 people attending the final and more than 23 million people across the UK tuning into the BBC’s coverage. It is essential that we take the opportunity to build on the success and legacy of the team to secure a long-lasting and sustainable future for the women’s game.

A UK Sport report found that sporting events staged here in 2022, excluding the Birmingham Commonwealth Games, had a direct economic impact of £132 million, supported 1,600 jobs and had a 6:1 return on investment. The same UK Sport report also found that 83% of Britons are proud that the UK hosts major sporting events, with 70% saying that watching or attending major sporting events has a positive impact on their happiness. This year sees the return of the UEFA Champions League final to Wembley, as well as the World Indoor Athletics Championships in Glasgow, which took place in March, and next year sees the Women’s Rugby World Cup coming to our shores.

The noble Lord, Lord Monks, asked about the listed events regime, which exists to ensure that as wide an audience as possible can access and enjoy sport. That, of course, has to be balanced against the ability of rights holders to reinvest in their sport at every level to encourage more people to play it. As the noble Baroness, Lady Grey-Thompson, advertised, she has amendments to the Media Bill on this topic, which we will debate on Monday afternoon.

This is also an Olympic year, of course. UK Sport has invested £382 million of funding from the Exchequer and the National Lottery in the Paris Olympic and Paralympic Games. The investment of public money in Olympic and Paralympic sport allows UK athletes who have the potential to achieve at the highest level on the world stage to train full time and focus fully on achieving their sporting potential. We support UK Sport’s ambition for our teams to remain in the top five of the medal tables of the Olympic and Paralympic Games in Paris this summer.

As well as making us all so proud, Olympic and Paralympic sport drives economic growth. In 2017, the GVA of Olympic and Paralympic sports in the UK was almost £25 billion. This means that Olympic and Paralympic sport generates 1.3% of GVA, making it a larger contributor to the UK economy than, for instance, agriculture, forestry and fishing. Two-thirds of the British public say they have been inspired by the success of our Olympic and Paralympic teams, and 40% of these people say that, as a result of being inspired, they have been motivated to do more physical activity themselves. Success in Olympic and Paralympic sport is a superb advert for the UK on the world stage, and our athletes’ success showcases the UK at its very best.

Of course, getting moving is not confined to playing sport. As my noble friend Lord Effingham set out, people can get fitter and healthier through increased walking and cycling in their daily lives. This year, Active Travel England announced £101 million of government funding for high-quality walking and cycling routes. This will unlock sustainable transport options for millions more people across England and give people the choice to travel safely on foot or by bicycle. The importance of active travel in increasing physical activity in children is highlighted in the school sport and activity action plan, which was updated in March. For example, the Bikeability programme has already helped over 4 million children in schools and community settings to learn how to cycle safely. Through our national physical activity taskforce, we are committed to supporting the Department for Education, the Department for Transport and Active Travel England to deliver initiatives to increase active and safe travel to school, such as the Daily Mile, which my noble friend mentioned.

I echo the words the noble Baroness, Lady Thornton, gave in tribute to the volunteers who facilitate so much sporting and physical activity across the nation—my noble friend Lord Hayward mentioned his referee’s tie. All achievements in sport are facilitated by the coaches and trainers, and the mums, dads and guardians who provide the lifts, wash the kits and cheer from the sidelines. It is right that their contribution should be remembered today.

In expressing my gratitude to noble Lords who have taken part in this debate, I note that I was struck by the unanimity of spirit: I think we all agreed that sport and physical activity forms an essential part of our society and is vital to improving the health and well-being of the nation. I hope that my response this afternoon has demonstrated that His Majesty’s Government remain committed to helping make physical activity an essential part of everyone’s daily life. The more active we are, the stronger and healthier our communities and economy, and the more prosperous our society. I am very grateful to the noble Lord, Lord Wood, for reminding us and others of that today.

Zoological Society of London (Leases) Bill

Lord Parkinson of Whitley Bay Excerpts

2nd reading
Friday 10th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I too thank my noble friend Lord Randall of Uxbridge and congratulate him on bringing forward this short but very important Bill. In opening, he declared some of his interests. He is a long-standing and passionate supporter of the other species with which we have the privilege to share our planet. That is something he showed throughout his time as a Member of Parliament in the other place, and which I had the pleasure of witnessing when I worked with him in 10 Downing Street when he was a member of the Policy Unit under Theresa May. It is reflected in his choice of neckwear today—if I spot it correctly, those are giraffes on his tie—in his Twitter handle, where he tweets as @uxbridgewalrus, and in his coat of arms, which contains a splendid heraldic joke. He is a keen ornithologist and, with self-deprecating humour, has included a bearded tit on his coat of arms.

I thank my noble friend for stewarding this Bill and for the way he introduced it. This is also an opportunity for me to echo the thanks that have been paid to my honourable friend the Member for Harrow East, Bob Blackman MP, who championed the Bill in another place, working with my honourable friend Julia Lopez, the Minister for Media, Tourism and the Creative Industries.

Noble Lords might wonder why it falls to me as Minister at DCMS to respond, rather than a Minister from Defra. My department’s interest in this Bill lies in the location of London Zoo, within Regent’s Park, the site on which the extension of the maximum lease term that the Bill seeks will be enacted. Regent’s Park is under the management of the Royal Parks, which are sponsored by my department. Ultimately, the Royal Parks are owned by the Crown, and responsibility for them lies with the Secretary of State for Culture, Media and Sport.

Under Section 7 of the Crown Estate Act 1961, the maximum lease term that may currently be granted to the Zoological Society of London is 60 years. As noble Lords have pointed out, this Bill seeks a small amendment, extending that to 150 years. It does not guarantee an automatic extension and it will not affect other parts of Regent’s Park.

Establishing the mechanism for a longer lease term will bring the Zoological Society of London in line with other, similar organisations. The noble Baroness, Lady Bakewell of Hardington Mandeville, rightly referred to the Bill brought before Parliament in 2019, which extended the maximum allowable lease for the Royal Botanic Gardens in respect of land in Kew Gardens from 31 years also to 150 years.

The Zoological Society of London’s lease was most recently renewed in 2021 for the current maximum term of 60 years, which would take it to 2081. However, as a well-managed and forward-thinking organisation, it wishes to further extend the maximum lease term in order to secure the longer-term investment needed for the continued development of its historic, important and much-cherished site.

The proposed change is uncontroversial, as has been reflected in the debate today, and will have a positive impact on the organisation. The extended lease term would enable the organisation to build its resilience, develop strategic relationships and increase the scope for potential commercial and philanthropic partnerships to support its growth long into the future.

We have heard from the Zoological Society of London that the impact of its work is currently being curtailed by the legislation that restricts the lease. The extension of the lease will allow key partnerships to be activated, which will help further unlock the society’s aims to offer immersive and accessible ways to connect people with nature, and to give the animals in its care the safest, most stimulating and natural environments.

The society’s impact extends beyond the premises in which it is based. London Zoo is an important and unique part of our capital’s heritage, culture and tourism. It is the capital’s 10th most visited attraction, contributing over £24 million annually to London’s economy and over £54 million to the national economy. It is also the world’s oldest scientific zoo, operating since 1828, and a pre-eminent force in wildlife conservation and biodiversity. The society works around the world, in regions as varied as Polynesia, India, Mongolia, the Caribbean and, as my noble friend Lord Camoys eloquently set out, Nepal.

In addition to the world-leading research and conservation science carried out by the 140 scientists in its Institute for Zoology, the organisation’s work protects and restores wildlife in 69 countries, from hazel dormice to the critically endangered European eel. In the coming months, London Zoo will return the previously endangered Guam kingfisher back into the wild, and recently, as my noble friend Lord Bethell pointed out, three endangered Asiatic lion cubs were born at the zoo. Neither they nor my noble friend’s own offspring could be described as “horrible”.

The zoo’s conservation of native UK species includes running oyster nursery projects, which a number of noble Lords mentioned, monitoring wild shark populations off Wales, the mapping and promotion of conservation strategies for hedgehog populations across London, and mapping species in the River Thames.

Since its opening, the zoo has achieved many firsts, including the first reptile house, public aquarium, insect house and children’s zoo. I think that is a zoo for children to enjoy, rather than be kept in. It is a historic asset worth championing and protecting long into the future.

Many of the zoo’s assets, beyond the wildlife, have notable architectural significance. Leading designers have contributed to its built environment, creating a collection of buildings that include two grade 1 and eight grade 2 or grade 2* listed structures. Of these, the penguin enclosure, completed in 1934, designed in the international modernist style by Berthold Lubetkin, remains a cultural icon, hailed as a classic of modernist architecture upon its completion. It featured in an episode of “Agatha Christie’s Poirot”, and recently in the video for a song by Harry Styles. The Snowdon Aviary, designed in 1960, was a pioneering project that would inspire future generations of architects.

Advances in our understanding of animal welfare have shown that many of these structures are, sadly, no longer suitable for their intended purposes, as they were once thought to be. The Zoological Society of London is therefore working hard to reimagine these spaces in new, innovative and sustainable ways, while ensuring that conservation remains at the core of its work and that it continues its important work caring for endangered species. That includes, as the noble Baroness, Lady Thornton, said, the creation of the world’s first campus for nature—a multidisciplinary centre of research and innovation dedicated to protecting biodiversity.

The zoo is also committed to making itself accessible to all. Last year, the introduction of a community access scheme helped families with lower incomes visit the zoo for just £3 a ticket. The noble Lord, Lord Evans of Weardale, spoke of its importance to schoolchildren from challenging backgrounds, including those who live nearby. The zoo puts on audio-described tours, sign-language tours and early-opening mornings for visitors with autism and neurodiverse needs. More than 80,000 students visit the zoo each year to learn about wildlife, conservation and the impacts of climate change.

In 2026, the Zoological Society of London will celebrate its bicentenary, and I am sure that noble Lords will wish it success over the next 200 years and long into the future. Looking forward, the society has ambitious plans to modernise and redevelop its site, creating naturalistic, multi-species zones that will allow animals to thrive, as well as this important new biodiversity campus.

It is a pleasure to echo the praise that has rightly been showered upon the zoo today, and to support this small but important Bill, which is part of our work to ensure that the zoo and the Zoological Society of London can carry on their important work for many years to come.

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 8th May 2024 Lords Chamber

[Lord Bassam of Brighton (Lab)]

My Lords, this has been a fascinating debate, capped by a single show of dichotomy from the noble Lord, Lord Vaizey. I am sure that most of us found it both entertaining and enlightening, in line with true Reithian values.

As we draw this debate to a close, we should congratulate the noble Baroness, Lady Bull, on tabling her amendments in this group. As we have heard, they broadly relate to the Reithian principles that have under- pinned public service broadcasting for much of the last century. We on the Labour Benches have co-signed Amendments 1 to 3 and 7. Additionally, we support Amendment 8 in the name of the noble Baroness, Lady Boycott, so ably spoken to by the noble Baroness, Lady Hayman. We also support Amendment 33 on diversity. On reflection, having spoken to my colleague, the noble Baroness, Lady Thornton, I feel that we should have had a separate debate on the whole issue of diversity. It is merited in the context of the Bill. The noble Baroness, Lady Benjamin, underlined the importance of workplace diversity, as referred to by the noble Baroness, Lady Bonham-Carter. There is much to think through about what we see and how it is measured to ensure that our public service broadcasters reflect the diversity of our great nation.

I turn to the Reithian principles. My honourable friend Stephanie Peacock in another place said that she welcomed the attempts to simplify the remit of PSBs. I made a similar observation at Second Reading. As we have heard, a number of commentators have argued that this may have the unintended consequence of leading to rather more restricted content. The Communications Act 2003, which this part of the Bill seeks to update, gave a fair expression of the PSBs’ Reithian principles. Over time, these have become partly enshrined in particular genres. These amendments attempt to take the debate beyond genres and to talk to the issue of the fundamental purpose of public service broadcasting, in particular the purpose of broadcasting in a multimedia world now tackling the challenges of the digital age and digital content.

At Second Reading I said that, while the Bill was very welcome—it continues to be very welcome—and for the most part highly supportable, it seemed to lack an overarching purpose and principle: an abiding vision, if you like. As we have heard, Lord Reith believed that PSBs should “inform, educate and entertain”. The 2003 Act sought to flesh out what that meant. Labour enshrined those principles in legislation. In that regard, it did a more than serviceable job. This new legislation seeks to do it slightly more flexibly. Flexibility is one thing, but I think we need firm statements of principle and purpose. These amendments move to set Reithian standards and values in a more modern context.

We want public service broadcasters to retain high standards of content. We want them to maintain high- quality production and editorial integrity, as referenced in Amendment 1. We want to see content that meets the Reithian dictum of informing, educating and entertaining, while recognising the role of the sector in stimulating, reflecting and supporting the cultural and creative industries.

Finally, these amendments take us to the educative purpose of public service broadcasters and help promote a culture that values learning as a lifelong activity to serve all. Together, one could paraphrase a sort of John Prescott-ism and place old-style Reithian values in a modern setting. For that, and for the other reasons I have set out, we are very happy indeed to support this group of amendments. We hope to receive some words of encouragement from the Minister. I do not think public service broadcasters will object at all to this renewed obligation. It does much that will help Ofcom in its periodic reporting on this aspect of the public broadcasters’ remit.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Bull, for starting our deliberations in Committee in such a careful and considered way. We have already had allusions to Chesterton, Orwell and Sonia from “EastEnders”, so we are off to a good start.

--- Later in debate ---

[Baroness Thornton (Lab)]

My Lords, I am delighted to respond to this group and speak to my Amendment 11. I think that, by now, the Minister will be aware of the strength of feeling about these matters in the Bill. Amendments 4, 5, 6 and 10 all address the place of minority languages—I hesitate to use that word, having heard what the noble Lord, Lord Wigley, said; I certainly have some sympathy—in public service broadcasting today and in the future.

The preservation of the Gaelic language through public service broadcasting was debated at Second Reading and discussed at some length in the Commons. The subject is important. It exercises people in Scotland and throughout the rest of these islands. There is concern about the lack of a requirement for Gaelic language public service broadcasting. There is no requirement for a minimum amount and no requirements relating to new content. There could, for example, have been a requirement in the Bill for the BBC to produce new Gaelic language content.

That is important because language is the cornerstone of culture. It is not just a way of communicating but a daily expression of history and stories reflecting ways of life, values and heritage as it is spoken. The diversity of the languages in our nations and regions is therefore a living, breathing expression of the rich identities and traditions that we are lucky to carry with us.

However, understanding that requires an understanding of the risk of losing such a language, be it Gaelic or Welsh. That is very unlikely, but, if they are not spoken, nurtured and passed down through the generations, that rich culture would be at risk of being lost. With that recognition in mind, I think it is good that we are discussing this absolutely at the top of the Bill. We believe that the Bill and legislation more broadly seem not to recognise Gaelic language broadcasters in the same way as they recognise, for instance, S4C, which we absolutely support. This is despite there being cross-party support for recognising them, both here and in Scotland. For example, Clause 17 talks specifically about the quota for S4C.

When Ofcom published its sixth review of BBC performance, mentions of the Gaelic service totalled four lines in an 80-page report—and that came from the need to assess BBC Alba only as a BBC portfolio service, which is what the BBC operating agreement does. Given the importance of the service to Gaelic speakers, it would seem appropriate to see it acknowledged and assessed properly, so I hope the Minister might be able to lend his support to the new clause we are putting forward. If he chooses not to, I would like to hear from him about the measures the department is taking to support Gaelic broadcasting in the way it deserves and needs.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, as several noble Lords have noted, the indigenous languages of these islands are crucial to the lives of those who speak and cherish them. As my noble friend Lord Dunlop and the noble Lord, Lord Wigley, pointed out, that includes holders of high office and substantial majorities in certain parts of the UK. The Bill seeks to ensure that people are able to access content in those languages, as well as content that is culturally important to them, for many decades to come. However, I note the sad paradox that the number of Welsh speakers has declined since devolution rather than grown.

I turn to Amendments 6, 10 and 11. As some of my noble friend Lord Dunlop’s amendments recognise, the Gaelic Media Service, MG Alba, already has a statutory function under the Communications Act to ensure that a wide and diverse range of high-quality Gaelic programmes are available to people in Scotland. I recognise his and other noble Lords’ keenness to ensure that we do not lose such a valuable function. That is why Clause 1 makes clear in legislation the importance of having programmes made available in the UK’s indigenous, regional and minority languages, including Gaelic, by including it in our public service remit for television for the first time. Moreover, elsewhere in the Bill, we make it clear that public service broadcasters must contribute to this remit and that they will be accountable for the extent of their contributions.

As my noble friend Lady Fraser of Craigmaddie noted and anticipated, His Majesty’s Government are formally considering the funding of minority language broadcasting, including Gaelic, as part of the BBC funding review launched in December. As part of that review, we have already asked MG Alba for a range of evidence, including its assessment of the sustainability of its current funding model and of how any changes to the BBC’s funding model could affect it and minority language broadcasting more broadly. I acknowledge what she said about timing vis-à-vis the Bill, but we feel that it is right to wait for the funding review to conclude and then to consider the overall future of MG Alba and the ongoing provision of Gaelic language broadcasting. Given the closeness of the link between the BBC and MG Alba, we think that these considerations are best made alongside the upcoming review of the BBC’s royal charter, for which we will set out further details of the timeline in due course.

In addressing his Amendments 4 and 5, the noble Lord, Lord Teverson, referred to the Cornish language. I recognise the importance that regional and minority language programming plays in representing the rich and diverse tapestry of culture across the country, including in the noble Lord’s home of Cornwall. Amendments 4 and 5 would require each of the UK’s six public service broadcasters to provide a sufficient quantity of programming in each of the six regional or minority languages that are now recognised and set out in the Bill. Adding further rigour to the legislation regarding regional and minority languages is an ambition that the Government share with the noble Lord, which is why we have, for the first time—as he noted—listed Cornish and a range of other languages in this legislation. His amendment would require each broadcaster to provide content in each language stated in the Bill, a proposal that we think would be excessively onerous on the public service broadcasters. It would result in a situation where, for example, S4C would be obliged to broadcast in Ulster Scots and STV in Cornish, which is not, I am sure, the outcome he seeks. There may be some confusion here and it might be easier to clarify it—particularly regarding the choice of brackets—in a format where we do not have to try to describe the shape of punctuation. I will happily do that with him. The choice of parentheses is not a drafting error: “(taken together)” is the formulation used in the Communications Act and indeed elsewhere in Part 1 of this Bill, but if it is helpful to speak about that outside the Chamber, I am happy to do so.

The Bill already puts new obligations on Ofcom to monitor whether a sufficient quantity of minority and regional languages is provided. In our view, any additional obligation on broadcasters would be excessively burdensome. Given the provision already made in the Bill in respect of Gaelic and other languages, as well as the further work I have outlined, although I echo what noble Lords have said about the importance of these languages, the culture and tradition they represent for people and our shared anxiety to make sure that they are passed on to new generations and shared with many—not just in the places where they are currently commonly spoken, but where others can hear them and learn them too—I am afraid that I am unable to accept the amendments noble Lords have proposed in this group. I am happy to continue to talk to them about these important issues, but I hope that, for now, they will be willing not to press them.

[Lord Wigley (PC)]

I invite the Minister to comment on the question of whether the Welsh and Gaelic languages should be counted in the 2031 census in England. If they are regarded as British languages, as is suggested in the context of the Bill, surely, they should be.

[Lord Parkinson of Whitley Bay (Con)]

Questions relating to the census are a matter for colleagues in other departments, but I shall happily take the noble Lord’s point to them. I imagine that he has raised it with them directly, but I am happy to let them know that he has raised it again today.

[Lord Teverson (LD)]

My Lords, I thank all noble Lords who have contributed to this debate, particularly the noble Lord, Lord Wigley. In fact, I worked with Mebyon Kernow on this amendment, and it would probably also criticise me for not referring to Cornish as a national language rather than a minority one—but that is how it started with the Council of Europe in 2002. I suspect that Gaelic language proponents are also not particularly happy with the Minister’s reply.

I agree absolutely with the Minister, in that I am not expecting Cornish to be broadcast sufficiently in Northern Ireland, even though I would love that to be the case. The purpose of my amendment is not that all languages should be broadcast everywhere, but that there is an obligation in each of the regions, nations or areas that the relevant language should be sufficiently broadcast. It seems to me that the Bill does not say that, so I shall have a further conversation, and I thank the Minister for his help in that area. In the meantime, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Thornton (Lab)]

When the Government first released Up Next, the White Paper that preceded the Bill, it made no reference to genres such as entertainment, drama, science and religion being removed from the remit, as they have been in this Bill. That is why this is an important question, and why we were very keen to add our name to the amendment from the noble Viscount. As other noble Lords have said, we have seen the effect—particularly with children—of what happens when we do not have specific mention of genres with which we can hold the regulator to account.

It is good that the public service broadcasters have issued reassurances that the new remit will not significantly impact on programming in the removed areas, but I agree with the noble Viscount that the addition of “appropriate range of genres” to the Bill is a small protection. We believe the removal of references to specific genres is still a matter of concern. We think that there is no guarantee, therefore, that Ofcom will be held to account to monitor. In many ways, this is what the right reverend Prelate the Bishop of Leeds was talking about when he mentioned the matrix: how do we know that things have been delivered properly? That is why we support this amendment.

We do not propose that every genre would have to be addressed by every provider, but I hope the Minister can take on board what Amendment 9 proposes. Simplifying the remit is a worthwhile objective, but not if it is done at the cost of the kind of content that sets our public service broadcasters apart.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the noble Viscount degrouped his amendment to give us a chance to look at genres again and in more detail. There was much overlap with the debate we had on the first group, so I hope he will forgive me if I am relatively brief and do not repeat myself but allude to what I said previously. It has, however, given noble Lords the opportunity to ask further questions and make further points.

Let me turn first to what the noble Lord, Lord Foster of Bath, asked about the royal charter. It is not quite as simple as he expects. The Secretary of State must lay the final terms of reference for the royal charter review before Parliament, and a draft of the proposed charter and framework agreement must be laid before Parliament and debated by each House. Both Houses can, of course, hold the Government to account—as they do—for the way they go about their work on charter renewal. I hope that gives the noble Lord some further detail.

In relation to the question posed by my noble friend Lady Stowell of Beeston, there is no change to Ofcom’s accountability to Parliament through this Bill. It is accountable to Parliament and routinely appears before Select Committees, such as the one she chairs in your Lordships’ House.

On the question of genres—which I will continue to refer to in the Norman French because I do not know the Welsh or Gaelic words for it yet—

[A noble Lord]

Would the Minister like some help?

[Lord Parkinson of Whitley Bay (Con)]

Yes. The point is, as my noble friend Lady Stowell put it, echoing the point raised by my noble friend Lord Vaizey in the debate on the first group, to strike the right balance with a streamlined remit that gets to the heart of what it is to be a public service broadcaster and does not dilute that. As I mentioned, we have added a new subsection (6) making clear that public service broadcasters must together produce a range of genres in order to fulfil the public service remit. Although we do not object to any of the specific genres that have been mentioned, we are concerned that reintroducing further granularity would serve only to complicate the role we have given Ofcom in regulating this important area.

We are confident that the streamlined remit treads the right line between providing the broadcasters with the flexibility to meet the new challenges of a market that changes very rapidly, as the noble Viscount is right to say, and ensuring that a wide range of genres will continue to reach our screens. The Bill ensures that Ofcom has the tools it needs to ensure that public service broad- casters continue to produce that wide range. It can take enforcement action, should it judge that a licensed public service broadcaster has failed to fulfil its public service remit, which includes making an adequate contribution to the overall public service remit for television.

My noble friend Lady Fraser of Craigmaddie asked in what circumstances the Government would consider using the delegated power in the Bill to add a quota for an underserved genre. That is set out in new Section 278A and follows a recommendation from Ofcom in its reports under Section 229 or 264 of the Communications Act. We would of course carefully consider any such recommendation alongside any other information from Ofcom, such as information from its market report conducted under Section 358, and information provided by the public service broadcasters and other providers in line with the process set out in new Section 278A.

With those further points, and reiterating my response to the noble Baroness, Lady Bull—which gives me the opportunity to acknowledge the distinction she was trying to make in her amendment and the relisting of genres that we value and are familiar with—I hope the noble Viscount will be satisfied to withdraw his amendment.

Media Bill

Lord Parkinson of Whitley Bay Excerpts

Committee stage
Wednesday 8th May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I thank the noble Baronesses, Lady Benjamin and Lady Thornton, for their important contributions on the value of public service media for children.

The noble Baroness, Lady Benjamin, has also personally made huge contributions to this industry, not just through her time as a presenter—I count myself as one of her proud “Playschool” babies—but through her valuable championing of legislation in this space. This is a good opportunity for me to congratulate her on the wonderful news of the BAFTA Fellowship, the academy’s highest honour, which will be bestowed upon her this weekend. It is in recognition, as BAFTA has said, not just for her work on screen but her work in your Lordships’ House and outside it on the legislation that touches these important areas.

I will refer to both noble Baronesses’ amendments together. I strongly agree with them about the importance of ensuring that our children continue to have access to high-quality, original content which is relevant to their lives. The Government recognise that children’s television has a unique social and educational importance; it can be used to reflect and share our values and to support learning and development in a way that is fun and compelling for young people. My honourable friend Julia Lopez, the Minister for the Bill in another place, also feels passionately about this issue and has spoken about the significant impact that culturally relevant, original British programming can have on our children.

We are, however, aware of the challenges increasingly being faced by the children’s media industry, which the noble Baronesses alluded to. The way that our children are accessing content is changing rapidly, with shifts away from the traditional linear schedule and an almost endless digital library of global content easily accessible to them.

That is why we have included specific measures in the Bill to ensure that original British children’s programming, reflecting the lives of young people here in the UK, remains front and centre of the public service remit. I hope that sends a clear signal about the importance of high-value children’s programming being available to families across the UK on a free-to-air basis.

These updated remit requirements will complement Ofcom’s existing powers relating to children’s content. For example, the work that the noble Baroness, Lady Benjamin, did on the Digital Economy Act 2017 resulted in the introduction of a section to the Communications Act specifically on this topic, allowing Ofcom to publish criteria on the provision of children’s programmes if it sees fit. This is supported by several of Ofcom’s ongoing reporting duties. In this way, the legislation already provides for considered assessment of the provision of the types of valuable content we have debated in this group. As the independent regulator, Ofcom is well placed to consider the broader market and how children are accessing content in an increasingly digital world. Of course, it has the powers given to it through the Online Safety Act, during the passage of which we debated some similar topics. It already has a wealth of experience in this area.

Ofcom’s current duties and reporting will continue to give us an invaluable insight into the challenges faced by the children’s television industry. This will be key to helping both the Government and industry to consider in the round, and in more detail, whether further work is needed in this important area. We will of course do that. In addition to this, as the noble Baronesses mentioned, organisations such as the Children’s Media Foundation have been doing some fantastic work recently to convene industry partners to look to the future and consider these important questions in more detail.

Amendments 12 and 34 would require reviews into children’s access to culturally relevant and age-appropriate original content, and children’s access to public service broadcast content respectively. Given the specific reference to children’s content, which we already have in the Bill, and given the extensive powers that Ofcom has to report and act in this space, as I have mentioned, as well as the updates we have made to allow flexibility to the ways in which the public service broadcasters can fulfil their remits, I am not persuaded that we need the amendments that the noble Baronesses have put forward. I would, however, certainly join them in recognising the importance of high-quality children’s programming, and I am glad for their continued vigilance in this area. I would be very happy to keep talking to them as we continue our scrutiny of the Bill, but I hope I have been able to reassure them that we have tried to cover this already in the Bill as it stands.

[Baroness Thornton (Lab)]

I thank the noble Baroness, Lady Benjamin, for her wonderful peroration and saying exactly the right things. I thank the Minister for his answer, but I confess to being disappointed, because if this Bill is about future-proofing, then it really does need to address what our children will be doing in the next few years in terms of what they are watching, what they are consuming and what they are hearing. I do not see anything in this Bill that is going to mandate Ofcom to do that kind of exercise of reviewing that. This is about the quality of what our children are viewing, and we certainly are not giving them any guidance on that. There is nothing in this Bill that does that. I do not think so: I have not seen that. That is what this amendment is about.

I am disappointed, and I hope we can continue to talk. Perhaps the conversation needs to be with Ofcom about what it thinks its remit is with regard to children. Perhaps that is the next conversation that we need to have. On that basis, I beg leave to withdraw the amendment.

--- Later in debate ---

[Baroness Bonham-Carter of Yarnbury (LD)]

I was going to speak to these amendments, but they have been so comprehensively covered by the noble Baronesses, Lady Thornton and Lady Fraser, and my noble friend Lady Featherstone that I will just say that I support the amendments and I hope that the Minister has listened and will respond positively.

[Lord Parkinson of Whitley Bay (Con)]

I thank the noble Baroness for her brevity. I am grateful to the noble Baronesses who have taken part in this debate. I am particularly grateful to the noble Baroness, Lady Thornton, for tabling Amendment 13, which has facilitated an important debate about the provision of linear TV by our public service broadcasters. That is an important aspect of a wider debate about the future of the UK’s television distribution infrastructure.

With regard to linear television, in bringing forward this Bill, we have looked to strike a careful balance between allowing the public service broadcasters to deliver their content more flexibly and ensuring that this continues to suit the needs of audiences across the UK. Indeed, new Section 264(4)(a) of the Communications Act, introduced by Clause 1 of the Bill, requires that, for the remit to be fulfilled, the public service broadcasters must make available content in a manner that satisfies

“as many … audiences as practicable”.

I am glad to say there is an existing requirement on public service broadcasters to deliver a linear service, and they must use this, at a minimum, to deliver their news and current affairs quotas. This is a requirement in primary legislation, which Ofcom is required to report on and enforce. In sum, we know that many viewers still want to receive linear television—for example, over digital terrestrial television, satellite or on a hybrid TV—and the public service broadcasters are required to meet this need. I hope that what I have said today has reassured the noble Baroness that adequate protections for linear television are already in place, and that her Amendment 13 is not needed.

As for Amendment 32, from my noble friend Lady Fraser of Craigmaddie, I know that she has had the opportunity to discuss some aspects of the Bill with my honourable friend Julia Lopez, the Minister in another place, and I am grateful for her engagement on this issue. I know that she and other noble Lords are as keen as we are to ensure that our television distribution infrastructure continues to serve audiences across the UK. Her amendment looks to protect the future of digital terrestrial television, or DTT, the technology that underpins the popular Freeview platform. I am glad to reassure her and other noble Lords that the Government remain committed to the future of DTT. We know that millions of households across the UK rely on it, and we expect that situation to continue over the next decade. That is why we have legislated to secure the continuity of this infrastructure until at least 2034, as she mentioned.

I reassure the noble Baroness, Lady Thornton, and others that this legislative commitment does not mean that DTT will automatically cease in 2034. The framework that supports its provision is set out in law, so even if nothing were done, Ofcom would still be able to re-advertise the multiplex licences, and our public service broadcasters would still be required to continue distributing linear channels over digital terrestrial television. In fact, to turn off DTT, there would need to be specific primary legislation; for example, to revoke the multiplexing regime. Should the Government of the day—who may still be us in 10 years’ time, or who may be somebody else—seek to bring forward such legislation, I have no doubt that your Lordships’ House would want to provide robust scrutiny of it. Given that legal position, my noble friend’s Amendment 32 would have limited effect, but I appreciate that it is also focused more broadly on ensuring that audiences across the UK remain protected and covered, and I am glad to say that that is our focus too.

To ensure that we continue to put audiences at the heart of policy in this area, of course we need to understand how their preferences are changing over time, because as many more people choose to watch some or all of their television online, and as the connectivity that allows them to do so gets better over time, the economic and public policy rationale for supporting DTT changes. That is why my right honourable friend the Secretary of State announced last year a project to consider the future of TV distribution, and it is why, just this morning, my honourable friend the Minister for Media, Tourism and Creative Industries, Julia Lopez, used a speech at the Digital Television Group’s annual summit to provide an update on the progress of this project, including sharing some of the early outputs of the independent research project we commissioned. I will be very happy to share a copy of my honourable friend’s speech if noble Lords would like to see it.

This project is taking a broad approach and must be allowed to consider all possible options for the future of broadcasting in the UK. For in this situation, even a decision to maintain the status quo would, in the context of changing viewership, have quite serious consequences. Audiences are at the heart of this project and, as Julia Lopez announced this morning, we will be launching a new project to engage viewers and make sure that we understand their perspectives. We have also commissioned a six-month independent research project from a consortium led by academics from the University of Exeter. We hope to be able to publish this research in the coming weeks, to help inform this important and continuing debate.

By taking the time to complete this project before making legislative changes, and working with world-class researchers in this way, we will be able to make an evidence-based assessment of what will best serve audiences across the UK, now and in the future. I hope that, on the basis of those reassurances, my noble friend will feel able not to press her amendment, but I know she will continue to maintain her scrutiny of this area of the Bill, not least through her work on your Lordships’ committee, as she mentioned.

--- Later in debate ---

[Lord Bassam of Brighton (Lab)]

My Lords, Amendments 14 and 15 in the name of the noble Viscount, Lord Culross, seek to finesse the Channel 4 commissioning regime that has worked so well for this highly innovative channel. I was one of the sceptics when Channel 4 was first thought of, and I remember writing an article which challenged the model. However, I have been proven wrong over those 40-plus years.

As the noble Viscount explained, he seeks to add an “SME guarantee” by virtue of Amendment 14 to the commissioning process to further stimulate the growth of indie production houses, in particular those with revenues of less than £25 million. Amendment 15 qualifies this to average out the £25 million cap over a five-year period.

The first amendment would require at least 35% of the channel’s spend to be on companies with a revenue of less than £25 million. We on these Benches can see some merit in this approach, and certainly in the direction of travel, given that the strength of Channel 4 has been the diversity it has brought to production, and that it has led to far more production outside the M25 and the south-east.

I am highly conscious that Channel 4 is thinking long term about the removal of the publisher/broadcaster restriction and its potential impact on independent producers. The channel is keen to protect the ecology of small production companies. It argued in a briefing earlier in the year that a move to in-house should be gradual, over a five-year period, and should not alter the value it places on the importance of independent production houses. As it says, its partnerships with indie producers have led to these companies growing, expanding and owning their intellectual property. Moreover, it has helped to spawn a whole new industry.

I can see that increasing the qualifying independent production quota from 25% to 35% would probably strengthen the indie sector, so today we would do well to listen to the Minister’s responses as to the workability of the amendments. I think we all share a common view—I hope we do—that the uniqueness of the Channel 4 commissioning model is of immense value to TV production generally and the development of the market, innovation, and the high production standards that UK TV is internationally renowned for. The Channel 4 approach has helped to give an edge to that. The question is, ultimately, whether this is the most appropriate way of protecting that reputation and ensuring that we have a sustainable independent production output.

The noble Viscount has done us a service this evening in tabling these amendments. We know that we must be very careful in tweaking the commissioning approach; as the noble Viscount said, there are industry concerns that we must listen to, and we have to find the best way forward to protect something that has become uniquely valuable in TV production. It is something that we support right across the House.

[Lord Parkinson of Whitley Bay (Con)]

The diversity of our world-leading television production sector is one of the main reasons that it is so successful. We have companies of different sizes operating all over the UK, focusing on genres ranging from specialist factual to high-end drama and everything in between. Last year, these companies delivered the highest sector revenues on record: just under £4 billion. Smaller producers are, of course, hugely important for ensuring a healthy production ecosystem, and the current regulatory regime for independent production has been very successful indeed in promoting and supporting them. Boosting this independent sector was one of the purposes behind the design of Channel 4. I do not want to make the noble Lord, Lord Bassam, feel old, but I was not around to be a sceptic at the time of those debates—they happened before I was born. But Channel 4 has, as I have said from this Dispatch Box, done a great service over the last four decades, and the regulatory regime has supported that too.

PACT, the industry body, estimates that there are more than 250 independent producers with an annual turnover of less than £1 million operating in the market today. Its statistics also show that 75% of independent producers have an annual turnover of less than £25 million. These are the producers that the noble Viscount, Lord Colville of Culross, had in mind, particularly with his Amendments 14 and 15. The issue of providing further support for smaller independent producers is one that we have looked at closely, most recently through our work on the mitigations to accompany the removal of Channel 4’s publisher-broadcaster restriction, which noble Lords have noted.

The clear message from the sector when we did that was that the measures which singled out smaller producers specifically—for example, via a turnover threshold, as the noble Viscount’s Amendment 14 proposes—would not be welcome on the grounds that they would be anti-competitive and penalise success. Producers want an incentive to win more commissions and grow their businesses, not to stay small. Those we spoke to also raised concerns that such measures would be difficult for Ofcom to enforce and could lead to increased monitoring and compliance costs for the regulator. Although these issues are addressed in part by the additional flexibility which the noble Viscount offers through his Amendment 15, the overarching concerns that we have with this approach still stand.

The Government recognise that this is a challenging time for producers and the production sector because of the slowdown in commissioning activity as a result of the downturn in the television advertising market, and we are taking steps to support producers and the production sector at this time, including the generous tax reliefs across studio space and visual effects, investing in studio infrastructure, supporting innovation and promoting independent content through the UK Global Screen Fund, but, for the reasons I have set out, we do not feel that we are able to support the amendments which the noble Viscount has put before us, but we are grateful for the opportunity to have this debate.

[Viscount Colville of Culross (CB)]

I thank the Minister for his reply. I think we all agree that we want to try to encourage the diversity of Channel 4, which has been so successful in creating a vibrant independent sector. But the truth is that the small indies that I have spoken to are having a really hard time. I am grateful to the noble Lords, Lord Bassam and Lord McNally, for talking about the diversity of the production sector and the role that the channel has played in helping that to develop. I listened carefully to what the Minister said about the regulatory regime as it stands having been successful in developing the market, and that his work with PACT and other producers has delivered a message that the sector and small producers do not welcome any kind of threshold, which I am suggesting in this amendment.

All I can say is that I have spoken to a great many small independent production companies across this country. They are really struggling; they are having a really hard time getting their commissions even looked at, let alone getting any kind of positive response. I ask the Minister to go back and talk to some of the smaller ones—not just PACT, but some of the smaller indies as well. I know that the Conservative Government see themselves as being on the side of entrepreneurs, so I encourage the Minister to do all he can to support the courageous and determined men and women who have set up these independent production companies across our country and made the sector so successful. I beg leave to withdraw the amendment.

Telegraph Media Group Ltd: Acquisition

Lord Parkinson of Whitley Bay Excerpts

Wednesday 1st May 2024 Lords Chamber

[Lord McNally (LD)]

Yes, the cricket.

We welcome this Statement. Sometimes I am teased by my colleagues about my membership of the Puttnam committee on the Communications Act 2003, but actually the Puttnam amendment to that Act is the origin of the powers that the Secretary of State has used here. The Puttnam amendment widened the reasons for Secretary of State interventions and has been used very usefully at key times in the last 20 years. In terms of these bids for purchase of our media, it means that we are able to take in the wider public interest and we support the Secretary of State in so doing.

I am not naturally a supporter of RedBird IMI, but I have some sympathy for the question of whether it is fair to either would-be bidders or the wider public interest to be so behind the curve and reactive when such bids arise. Media ownership is becoming more interlocking and intertwined between print, broadcasting and online. In many ways, although they might not like it, print journalists are becoming almost like the hand-loom weavers in the world of fast-moving technological change—and that is before we feel the full impact of artificial intelligence on the sector.

I would like to probe the Minister. Yesterday, Sir John Whittingdale in the other place pointed out that

“it is six years since Ofcom said that there needs to be fundamental review of our media merger regime”.—[Official Report, Commons, 30/4/24; col. 165.]

I agree with him, and I ask the Minister whether the Government are actively considering such a review.

With the Media Bill now before this House, will the Government seek cross-party agreement on clarifying and strengthening our media ownership rules for the future? I see the noble Baroness, Lady Stowell, is in her place. She has already put down an amendment to the Media Bill which could take this forward, but I think it could be done much more comprehensively at this time. If we do not do it comprehensively at this time, we will find that we have another 20 years of drift and that we are behind the game. It is essential that we have in place protection from foreign influences and state players, while, as the noble Lord, Lord Bassam, emphasised, seeing sustained plurality in both ownership and opinion in a free press—as all sides of the House want.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I should reassure the noble Lord, Lord Bassam of Brighton, that the Government do not always agree with the editorial line of the Telegraph either, but that is the point. The independence of the press, holding Governments of all colours to account, is why the Secretary of State has always taken this so seriously and used the powers available to her under the Enterprise Act in the way that she has. It is why, as I outlined in debates on the digital markets Bill, we have acted to put beyond doubt and make explicit the ability for her to act in this scenario following the concerns raised, not least by my noble friend Lady Stowell of Beeston, about the potential influence of foreign Governments over our newspapers.

I am grateful to both noble Lords, Lord Bassam and Lord McNally, for their comments and their welcome of the Statement. I am grateful to the noble Lord, Lord McNally, for recalling rightly the role that Lord Puttnam played in the legislative landscape, which the Secretary of State and her predecessors have been able to use in this important area.

The noble Lord, Lord Bassam, referred to the balance between taking action to preserve the freedom of press, which we hold dear as a cornerstone of our democracy, and attracting investment into the UK. We have always been clear, as have my noble friend Lady Stowell and others, that our actions in relation to the potential influence of foreign Governments are not prejudicial to our welcoming of foreign investment more generally in media businesses, and I am glad to have the opportunity to say that again.

The noble Lord, Lord Bassam, asked about consultation with trade unions. The Government will not be engaging with potential buyers or be involved in the sale process from this stage on. We have obviously been careful in the stages so far. From now on, it will be run by RedBird IMI alone. The Secretary of State made her decision based on the evidence provided by Ofcom and the Competition and Markets Authority, which issued a call for evidence and spoke to relevant parties. The unions could have made representations to both those bodies—whether they did or not, I do not know, but that is the appropriate way for views to be fed in. The noble Lord is right to refer to the people whose jobs and livelihoods depend on this. Some of them, who have jobs that allow them to write freely, have made those points, but there are many more people whose jobs in these important sectors are affected by it, which I am happy to acknowledge.

On timelines, RedBird IMI will now proceed with a sale of the call option. The details of that are not finalised, and it would not be appropriate for me to comment further on the next steps as they are a commercial matter. I will say, as the Secretary of State has, that she will monitor the outcome with a view to deciding in due course if she should take any further regulatory action under the Enterprise Act.

The noble Lord, Lord McNally, asked about our consideration of the media mergers regime more broadly. That work was already under way before this issue came to a head. We have taken the action that we have in the digital markets Bill. That action continues, and we will have more to say on that, not least during our debates on the Media Bill. I know that he and others will rightly use this as an opportunity to return to these matters.

[Baroness Stowell of Beeston (Con)]

My Lords, I will pick up on the theme of timescales. I am grateful to my noble friend for the answers he has given to the noble Lords, Lord Bassam and Lord McNally, because they cover some of the issues I wanted to ask about. Could my noble friend also tell us what the expectation is for the Government to bring forward the secondary legislation that covers the carve-out for legitimate indirect foreign state investors, such as sovereign wealth funds? That is important in providing clarity for prospective buyers. This has already been said, but it is worth saying again: in raising this, I am very conscious that, in meeting our essential objective of a sustainable future for our free press, we should ensure that there is a proper channel for inward investment into the media industry. If my noble friend could give an update, that would be helpful.

[Lord Parkinson of Whitley Bay (Con)]

Many of the provisions we have made in the digital markets Bill require the Bill to receive Royal Assent, which I hope it will very soon, and they will come into force then. Once that has happened, we will be able to bring forward the measures we have committed to via secondary legislation. I will be writing in the coming days with a bit more information about that and about the consultation process on some of the points my noble friend raised, and we discussed in debates during the passage of the Bill. I will write to all noble Lords with further information about that very soon.

[Lord Stevenson of Balmacara (Lab)]

My Lords, the questions so far have focused on the intersection between this and the previous regime, which was established, as noble Lords have already said, by Lord Puttnam and his Enterprise Act—it was not exactly his; it was the House’s Enterprise Act, and it was published by a Government we were proud to be part of. That has stood the test of time, but I am afraid time is accelerating. We are now in a situation with a rather hard edge.

I am grateful to the noble Baroness, Lady Stowell, whom I worked with on the amendment we eventually put through, which will also be referred to within the forthcoming digital media Bill. However, that provides an absolute block against further foreign ownership; it is not just ownership, but interests in the freedom of the press and the plurality of it. Of course, there are other issues, which under the old regime would be considered, including those looked at in detail by Ofcom and the CMA.

I want to pick up on the exchange the noble Lord, Lord McNally, quoted, between the Secretary of State and John Whittingdale. In response to his question about whether these things need to be brought forward and accelerated, she said that she was

“looking at whether online news should be included in the scope of Ofcom’s powers ”.—[Official Report, Commons, 30/4/24; col. 165.]

I rather had the view that Ofcom had those powers. Could the noble Lord explain a little bit where he sees a gap and, if so, given what he said about timescales, whether we can look forward to the gaps being filled in? That seems to be a very important part of it, in the context of us needing to look more widely at what we want out of a free press, without reflecting government intervention and recognising that plurality is one of the main concerns. There are other bidders for the current holdings in the Daily Telegraph, one of which is a media interest. I wonder if the Minister would like to opine on that.

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord’s question gets to the heart of an important distinction: there are newspapers that have websites, there are websites that are news providers, and there are online services that are not principally news providers but from which people increasingly derive their news. It is right that we look at all those things. He is right that the Communications Act 2003 has served us well for the last 20 years but, as we said in our debates on the Online Safety Act, it was written at a time when the internet was in its infancy and did not look at it. Of course, we touched on that in the debates on that Act and will return to some of the points in the Media Bill. We will shortly consult on expanding the existing media mergers regime and the foreign state ownership provisions to include online news websites, and we will touch on other matters when we discuss the Media Bill.

[Baroness Bottomley of Nettlestone (Con)]

My Lords, it has been a long time since 1855 and the start of the Telegraph at the time of the Crimean War and when David Livingstone found the Victoria Falls. Can the Minister tell us how many owners the Telegraph has had in that time? He may wish to write to me. It was started by Arthur Sleigh as a way of airing personal grievances against the future commander-in-chief of the British Army, Prince George, Duke of Cambridge. We should have a sense of proportion. I thought Rupert Murdoch, Roy Thomson and Conrad Black—the noble Lord, Lord Black of Crossharbour—did not have British passports, and there was Max Beaverbrook and many others, so this is not something new.

However, I respect the way the Government have acted fast to block a loophole. I pay particular tribute to my noble friends Lady Stowell and Lord Forsyth. In my day as Secretary of State, it was my noble friend Lord Inglewood who handled all the impossibly complex issues around media ownership. The Lords questions were always so much more difficult than those in the Commons, so I could simply sail through. I believe that it is extraordinarily important for there to be transparency about media ownership—so can the Minister inform us who the real owners of the Jewish Chronicle are?

[Lord Parkinson of Whitley Bay (Con)]

I will have to write to my noble friend on that and to give a precise number of owners of the Daily Telegraph since 1855, and of the Spectator, which is linked to this and older still. She is right to refer to a number of the foreign owners that there have been. We have made the distinction throughout between foreign Governments and foreign investment; it is important to underline that again. We have no problem with foreign investment in our media businesses, just as in so many other areas of our economy. The problem raised by my noble friend Lady Stowell of Beeston and a number of others was foreign government interference. They made it clear that they would have as much of a problem with the Government of the United Kingdom having influence over newspapers in this country. However, it remains true that the Daily Telegraph is the only newspaper that has produced an editor who also sat in Cabinet: Bill Deedes. It has a long history of representation in your Lordships’ House and the fine line between politics and the media, but it is important that we maintain its independence so that it can continue to hold Governments to account.

[Baroness Bottomley of Nettlestone (Con)]

My Lords, I apologise—I have received a text from the Father of the House of Commons, who says that I never declare my interests. For the past 10 years, I have been an unremunerated trustee of the Economist newspaper, where we went through a change of media ownership, which we took extremely seriously. I am delighted to tell the House that the Economist is as flourishing today as ever it was.

Gambling Advertising

Lord Parkinson of Whitley Bay Excerpts

Thursday 25th April 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I too thank the noble Lord, Lord Foster of Bath, for initiating today’s debate and for the way he opened it. I had the pleasure of working with him, and a number of noble Lords who have taken part in today’s debate, on the Select Committee that he mentioned, before I became a Minister at DCMS. So I thank him for his tenacity in this area.

The Government recognise the concerns that he and many other noble Lords have raised about the impact of gambling advertising, particularly its impact on children. The debate about advertising reflects the balance we are aiming to strike with our vision for the gambling sector more broadly: regulating an innovative and responsible gambling industry on the one hand, and fulfilling the duty of government to protect children and the wider public from gambling-related harm on the other.

That is why, as part of our review of the Gambling Act 2005, we took an exhaustive look at the best available evidence. We are certainly not dismissive of evidence: on the contrary, we have sought to take an evidence-based approach. The White Paper that we published in April last year includes a robust, balanced package of reforms to prevent and minimise the risks of gambling-related harm.

Since the implementation of the Gambling Act under the last Labour Government nearly 20 years ago, gambling advertising, marketing and sponsorship have become more visible and widespread, and we have seen a visible integration of gambling advertising within sport. While this continual growth has not resulted in an increase in gambling participation rates, or in population problem-gambling rates, which have remained broadly stable for roughly two decades, it is important that there is a range of robust protections on advertising in place to ensure that it does not exacerbate harm.

The rules on gambling advertising, which operators must follow, are set by the Committee of Advertising Practice. A wide range of provisions in the codes are specifically designed to protect children and vulnerable adults. Compliance with these codes is a condition of Gambling Commission licences, and the commission can—and does—take action on adverts that are in breach of the codes.

Furthermore, the industry code for socially responsible advertising includes a television watershed on all gambling products apart from bingo and lotteries. Children’s exposure to gambling advertising on broadcast television is declining. The industry’s “whistle-to-whistle” ban has cut the number of pre-9pm betting adverts to around a quarter of their previous level, and further cut the average number of sports betting adverts seen by children to 0.3 per week.

[Baroness Armstrong of Hill Top (Lab)]

I just want to clarify something: I should have said “pre-watershed”. I was in too much of a hurry to keep within five minutes; I am sorry.

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to the noble Baroness, and I hope what I have said is none the less helpful in relation to the points she raised in her speech, which I welcome.

We recognise that there is good evidence to show that gambling advertising can have a disproportionate impact on those who are already experiencing problems with their gambling, and that some aggressive marketing practices are particularly associated with harm. The noble Lord, Lord Trevethin and Oaksey, mentioned a study which reflects that.

Evidence from the Gambling Commission shows that 35% of problem gamblers received incentives of offers to gamble daily, compared with 4% of non-problem gamblers. Furthermore, while 10% of gamblers with a “non-problem” or “low-risk” score—according to the problem gambling severity index—were influenced to gamble more by direct marketing, this rose to 41% among those with a “moderate risk” or “problem gambler” score.

We also recognise that content often used in gambling advertising can inappropriately appeal to children and young people—the right reverend Prelate the Bishop of Derby raised such an instance. That is why we have introduced a suite of measures to further prevent potentially harmful impacts of advertising, specifically for children. Since October 2022, advertising rules have been strengthened to prohibit content that downplays the risk or overstates the skill involved in betting. The rules also ban content that is likely to be of strong appeal to children. In that regard, I will raise with officials the frog-based example that the right reverend Prelate gave. As a result of this ban, top-flight footballers or celebrities popular with children are banned from being in gambling adverts. In line with existing gambling advertising rules, the Premier League’s decision to ban front-of-shirt sponsorship by gambling firms will commence by the end of the 2025-26 season, breaking the direct association between gambling brands and popular players.

The noble Lord, Lord Trevethin and Oaksey, suggested that there should be warnings to potential players on gambling adverts. Robust Advertising Standards Authority rules prevent content and adverts that, for instance, promote gambling as a route to financial success, and adverts on television must direct people to available support services. We are also working with the Department of Health and Social Care and the Gambling Commission to develop independent information campaigns about the risks of gambling—taking that out of the hands of the industry.

[Lord Foster of Bath (LD)]

I apologise for interrupting the Minister, but I find it difficult that he stands at the Dispatch Box and talks about all these rules, when I gave a specific example of a Paddy Power advertisement—although it is not called an advertisement—that simply had a large photograph of the Liverpool manager, Jürgen Klopp. Does he believe that was a correct thing for Paddy Power to do, or should it have been banned?

[Lord Parkinson of Whitley Bay (Con)]

Well, as with the case that the right reverend Prelate raised, I will take that up with officials. I was spelling out some of the actions—some of which are still to come in. As I said, the Premier League rules will come in by the end of the forthcoming season. I am sure the noble Lord will reflect that some of the work has been done and some is coming shortly, but I will raise the case he mentions with the team at the department.

As we set out in our White Paper, we are also working closely with the Gambling Commission to take targeted action on advertising to ban harmful practices and ensure that it remains socially responsible, wherever it appears. The commission has recently consulted on new rules to give consumers more control over the direct gambling marketing that they wish to receive, and on strengthened protections to ensure that free bets and bonuses are constructed in a way that does not encourage excessive or harmful gambling. The commission will set out its responses to these consultations soon. Together, these measures will empower customers and prohibit harmful marketing practices, to prevent the risk of gambling harms.

The noble Baroness, Lady Bennett of Manor Castle, referred to the powers available to local authorities. As she reflected, these vary from local authority to local authority, but, as we heard in the debate, the metro mayors in London and Manchester are using the powers that are available to them.

There is no single intervention that provides the answer to effectively preventing gambling-related harm. That is why we have taken a holistic approach that includes action on products and protections for players. We recently announced the introduction of stake limits for online slot games, where we have seen evidence of elevated levels of harmful gambling, and are pursuing broader protections, such as financial risk checks that will require online operators to identify and take action in relation to customers who are financially vulnerable. That will prevent runaway losses, which we are still seeing happen too often. The Government are clear that effective and innovative collaboration to get the right mixture of interventions for the population as a whole—as well as those with specific needs or vulnerabilities—is required to tackle gambling harm.

A key part of that approach is the Government’s decision to introduce a statutory levy, which I know has been a long-standing priority for the noble Lord, Lord Foster, and which the noble Lord, Lord Bassam, and others raised. In his opening remarks, the noble Lord, Lord Foster, dwelt on the importance of evidence. Perhaps I should end my remarks by acknowledging that further work is needed to build the evidence base to ensure that policy and regulation are able to deal with emerging issues.

In response to the contribution from the noble Lord, Lord Bassam, I make clear that developing quality evidence is a priority for our statutory levy. Through the levy, increased and ring-fenced funding will be directed towards high-quality, independent research into gambling and gambling-related harms, including in relation to advertising. We will continue to monitor the evidence base and, if new evidence suggests that we need to go further, we will look at this again. The Government will also respond to their bespoke consultation on the levy and will set out their final decisions very soon.

I thank the noble Lord, Lord Foster of Bath, for tabling today’s debate and all those who have spoken in it. I am certain that we will return to this topic again before long.